Progresif Postpaid (Contract) Mobile Terms and Conditions

This mobile postpaid service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.

 

1. Definitions

1. “Agreement” means these T&Cs for this mobile Postpaid service, the application form, the terms and conditions of services of any chosen bundling set plan and any other documents, which are to be construed to be part of this Agreement. This Agreement forms a contractual obligation and shall be legally binding on the parties.
2. “Device(s)” means any handset, tablet, computer and other hardware which are specified in the list as published on the “Devices” page of the Progresif website and/or the list accompanying a promotional package at any time;
3. “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.
4. “Service” means the mobile communication services provided by PROGRESIF including but not limited to voice and video calls, text messaging, picture messaging, voice mail and video mail, internet and data accessor any other value-added services added from time to time.
5. “Mobile Subscription Account” means the usage account for the services that have been subscribed by the individual/company as per the agreement.

 

2. Duration of Agreement

1. This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 7. In the event of suspension or termination of this Agreement, the Subscriber shall be held liable for any accrued or outstanding fees and or/ charges remaining unpaid.
2. The Subscriber must settle in full or put into place a formal payment arrangement to settle in full any outstanding amounts due for all mobile lines registered to their Mobile Subscription Accounts before they can sign up for any additional handset installment plan or postpaid services.

 

3. Responsibility of the Subscriber

1. The Subscriber must possess a yellow, purple or green Brunei Darussalam identification card (IC) to be considered eligible to enter into this Agreement. Subscribers without a yellow, purple or green Brunei Darussalam identification card shall provide a three (3) months valid identification card or a valid passport with an employment pass. For a multiple lines plan (eg.Family Plan), the Subscriber can use the Subscriber’s IC to open such a plan and be designated as the principal account holder. The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also: –
1. Pay all charges and fees for the Service provided by PROGRESIF, regardless of whether such charges were authorised by the Subscriber, or the Subscriber failing to receive such notification, or the Subscriber’s neglect to enquire as to the nature of the Service subscribed or the outstanding fees of such subscribed Service.
2. Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of Service that may occur from time to time;
3. Ensure that the SIM card shall only be used on a device or equipment compatible with the Service provided and the network, and that the SIM card is not modified, altered or tampered with;
4. Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;
5. Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;
6. Use or view the Service as offered by PROGRESIF permitted by the terms of this Agreement and only for the Subscriber’s lawful communications and private usage. The Subscriber shall not exploit the Service commercially by reselling the Service or charge others to use or view the Service;
7. Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;
8. Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;
9. Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;
10. Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;
11. Warrants to PROGRESIF that the Subscriber is not in default of any obligations under any laws and is not the subject of any existing or pending bankruptcy or insolvency proceedings under the laws of Brunei Darussalam.
2. The Subscriber, as contrary to the intended use, shall NOT;
1. Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network, such as the use of SIM boxing;
2. Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;
3. Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;
4. Use the service/promotion for broadcasting to any party;
5. Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;
6. Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;
7. Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;
8. Use the service/promotion for telemarketing.
3. The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Services.

 

4. Contract Period

1. The Subscriber shall be bound by a twelve (12), eighteen (18) month contract eighteen (18) month or twenty-four (24) month term (referred to as the “Contract Period”) with PROGRESIF effective from the date of registration
1. In the event of termination within the Contract Period, the Subscriber shall be responsible to pay PROGRESIF the remaining monthly rental fees for the remaining duration of the Contract Period and any other outstanding fees and charges related to the subscription.
2. The Subscriber shall continue to receive the Services beyond the Contract Period, however the Subscriber shall not be bound by clause 4.1.1, for the termination of the contract beyond the Contract Period.
3. The Subscriber shall continue to be liable for the monthly rental fee beyond the Contract Period.

 

5. Migration of Postpaid Mobile Plan

1. In the event that the Subscriber changes their postpaid mobile plan, the Subscriber shall not carry over any remaining data onto their new postpaid mobile plan.
2. If the Subscriber wishes to upgrade their postpaid mobile plan, any processing fees will be waived. The contract shall revert as the first month of either a 12-month contract , 18-month contract or 24-month contract. Additionally, the Subscriber will need to pay any outstanding bills.
3. Where the Subscriber is on the Handset Instalment Plan and wishes to upgrade their postpaid mobile plan, the processing fees will be waived however, the Subscriber will need to pay for the remaining instalments on the device upfront in addition to any outstanding bills. The contract shall then revert as the first month of either a 12-month contract, an 18-month contract or 24-month contract.
4. If the Subscriber wishes to downgrade their postpaid mobile plan, a penalty fee of BND100.00 will apply. In addition to the said penalty fee, the Subscriber will also need to pay for any outstanding bills. The contract shall then revert as the first month of an either a 12-month contract, 18-month contract or 24-month contract.
5. Where the Subscriber is on the Handset Instalment Plan and wishes to downgrade their postpaid mobile plan, the Subscriber will need to pay for the remaining instalments on the device upfront, in addition to the BND100.00 penalty fee and settlement of any outstanding bills. The contract shall then revert as the first month of a 12-month contract, an 18-month contract or 24-month contract.

 

6. Fees and Charges, Deposit, Payment Terms

1. The Subscriber can sign-up to a maximum of five (5) postpaid mobile services under one account. Such postpaid mobile services can be either on contract, non-contract or both.
   
2. The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
3. The Subscriber, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF may, in its discretion, determine and vary the sum of the deposit and reserves the right to utilise or deduct the sum of the deposit for any outstanding amount due from the Subscriber to PROGRESIF.
4. The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit Term”) for corporate entities from the receipt of the official bill statement.
5. PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.
6. In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.
7. The late payment fee shall be added to the Subscriber’s official bill statement in the following month.
8. For a multiple lines plan (eg. Family Plan)
1. The Subscriber shall be eligible to set up multiple supplementary line holders as per the limits specified for the applicable plan;
2. The Subscriber as the principal account holder shall be liable to pay for all the fees, charges and other such payments incurred by the Subscriber and any of the Subscriber’s supplementary line holders;
3. A change of numbers to a supplementary line will be chargeable at BND 5.00 per charge after three changes are made in a calendar year;
4. PROGRESIF may impose a charge, in its sole discretion, for the termination of supplementary lines;
5. Should the Subscriber terminate his subscription, the Subscriber shall appoint a supplementary line holder to be the new principal account holder of the plan.
9. The Subscriber shall forward all disputes relating to the fees and charges reflected in the official bill statement in writing within fourteen (14) days from the date of the said bill. The Subscriber shall otherwise be deemed to construe the fees and charges in the official bill statement as correct and final and shall agree to promptly settle all such fees and such other charges as reflected therein. No further enquiry will be entertained.
10. The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).

 

7. Billing

1. PROGRESIF shall make reasonable efforts to ensure that billing of customers is timely, accurate and that all charges are made in the correct billing cycle.
2. PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.
3. PROGRESIF will notify the Subscriber via the e-mail address provided by the Subscriber to PROGRESIF at the time of registration and applying for the Devices and Services that bills are available to view online/electronically. The Subscriber agrees to continually maintain the e-mail address as this will be the only means by which PROGRESIF will inform the Subscriber that a bill is available to view.
4. Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills, some charges may from time to time be missed and not billed during the appropriate billing cycle due to errors, oversight, systems fault or malfunction, or as a consequence of delays in receiving charges from third party providers. PROGRESIF may then back bill the Subscriber for charges for periods prior to the current billing cycle.

 

8. Suspension and Termination

1. Subscriber may at any time suspend or terminate this Agreement by filling in any necessary form and documentations required by PROGRESIF. Otherwise, Subscriber shall be deemed to terminate this Agreement upon expiry.
2. Accounts may only be temporarily suspended for a maximum period of twelve (12) months provided that subscribers must settle any outstanding bills prior to the suspension and subject to the temporary suspension fees stated in Clause 8.4.
3. Each mobile line may only be temporarily suspended maximum twice a year. The Subscriber may temporarily suspend a maximum of two (2) mobile lines in their account during the year.
4. For each suspended line, the Subscriber will be charged the following fees for each suspended line:

Period of Temporary Suspension	Fees
1-3 months	$30.00 in total
For every month after 3 months	$5.00 per month

 

5. Where subscribers’ mobile plan is tied to a handset or device contract plan, subscribers must pay off any outstanding balance of their monthly bill and existing handset/device instalment plan before they are allowed to temporarily suspend services.
6. PROGRESIF shall have the right, in its sole discretion and without liability to the Subscriber, at any time and without compensation, to suspend or terminate the Service and this Agreement under the following conditions:
1. If any technical failure occurs in the Service;
2. While the Service is being upgraded, modified or maintained;
3. If the Subscriber breaches any clause in these T&Cs;
4. If the Subscriber fails to make payment of billed charges within the stipulated credit terms;
5. If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
6. If it is in PROGRESIF’s opinion that the Service is or may be used fraudulently or for unlawful purpose. Fraudulent use includes but not limited to resupplying the service or giving access without PROGRESIF’s consent to a third party.
7. In the event of suspension, the Subscriber shall continue to be liable for the accrued and outstanding charges and fees. PROGRESIF in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.
8. PROGRESIF has the right to engage in and forward any unsettled bills or charges to its appointed debt collecting agent and/or external legal firms who will then be authorised to collect payment or engage legal proceedings against the Subscriber on PROGRESIF’s behalf. Any legal or agency costs incurred as a result will be borne solely by the Subscriber.
9. In the event of termination relating to clause 8.6.3, 8.6.4, 8.6.5 and 8.6.6, the Subscriber shall pay for:
1. all fees for the agreed duration of the Contract Period;
2. any outstanding amount of the chosen plan; and
3. any other accrued and outstanding charges and fees remaining unpaid up until the date of termination.

 

9. Reservations of Rights by PROGRESIF

1. PROGRESIF is entitled to amend, revise, discontinue, alter the Service, the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, discontinue or substitute the Service, at any time in its sole discretion. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.
2. PROGRESIF reserves the right, at any time and without notice to the Subscriber to:
1. (1) add, delete or make changes to the Service;
2. (2) add or substitute alternative service;
3. (3) terminate or discontinue any services provided. Continued usage of the Service pursuant to any of the above-mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.
3. PROGRESIF reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary any rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (AITI) or otherwise. Such amendments and variations may be informed to the Subscriber by way of advertisement or publication in local newspapers, leaflets, website or other form of communication for which the Subscriber shall then be responsible for payment on any such amendments and variations.
4. PROGRESIF reserves the right to charge for international calls and international roaming rates. Subscribers who are roaming are advised to take caution of the applicable roaming charges.
5. PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.
6. PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Subscriber.

 

10. Subscribers Obligation in relation to Content

The Subscriber shall not use any content received as part of the Services and is provided for the Subscriber’s own personal use for the purpose of copying, reproducing, distributing or creating derivative works without prior written authorisation from the relevant copyright owners. Any use of contents shall be subject to the respective copyright owners’ own terms of use and policies.
 

11. Subscriber’s Representations and Warranties

1. The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.
2. By signing on the registration form, the Subscriber expressly consents to the use and disclosure of any information belonging to the Subscriber to whom such disclosure is deemed necessary for the facilitation of the Service, business, financial, marketing or legal operations and activities of PROGRESIF, or in compliance with any statutory or legal obligations imposed upon PROGRESIF by any relevant agency or authorities.
3. The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF makes no representations or warranties that the Service shall be free of errors, service interruption, and interception, free from malfunction, unauthorized intrusions e.g spamming or access by any known or unknown third parties.

 

12. Disclaimer

1. PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF and/or its shareholders, directors, officers and permitted assignees shall not be held liable or responsible for any unavailability, inaccessibility and interrupted use of the Service and security of the data or information transmitted to and from the Subscriber via the Service. PROGRESIF shall not be held responsible or liable for interruptions to the Service including but not limited to: failure or downtime in: power, base stations, satellite or satellite transmissions, service equipment, signal processing, uplink equipment and such other interruptions of a technical nature.
2. PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.

 

13. Limitation of Liability

1. PROGRESIF shall not be made liable for any loss or damage in contract or in tort (whether direct, indirect, incidental or consequential) suffered by the Subscriber, or for loss of business, revenue, or profits of the Subscriber, or any damages, death or injuries sustained by the Subscriber or damage to the Subscriber’s property resulting from the use or inability to use the Service, any malfunctioning of the Service or any act, omission, error or default by PROGRESIF in respect of the Service.
2. PROGRESIF shall not be liable to the Subscriber for any claims or for any additional costs incurred by the Subscriber in obtaining substitute services, nor shall PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of the Subscriber’s use of the Service.
3. Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.
4. Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.

 

14. Force Majeure

PROGRESIF shall not be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of PROGRESIF.
 

15. Assignment

PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. Subscriber shall not be entitled to assign any of its rights or obligations under this Agreement.
 

16. Notices

All correspondences, requests and notices by PROGRESIF to the Subscriber shall be sent via post or other means communicated at that relevant time to the last known address provided by Subscriber to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media pages, websites etc.
 

17. SIM card

The SIM card shall remain the property of PROGRESIF at all times and any lost or found SIM cards should be reported and returned to any PROGRESIF retail stores across Brunei Darussalam or Progresif Headquarters.
 

18. Promotional Package

Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Devices or other hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.
 

19. Waiver

Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
 

20. Prevailing Language

This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.
 

21. Governing Law

This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.