|Account(s) means an account opened for the Customer with Digi (and/or its subsidiaries)for subscribing to the Service.|
Activation/Activated means the point in time when the said Service is activated in the Digi System.
Advance Payment means the payment made by the Customer to Digi upon registration in relation to the settlement of the following Monthly Charges for the following month(s) subject to these Terms and Conditions specified herein.
Agreement means the completed registration agreement all terms and conditions spelled out herein including all subsequent unilateral amendments, variations, additions and deletions made by Digi at its sole and absolute discretion from time to time.
Call Alert means any form of notification via electronic means or otherwise as may be adopted or prescribed by Digi serving as a notification and/or reminder to the Customer that there are payments overdue or becoming overdue and/or when the total usage breaches the desired Credit Limit alert level or other notification deemed necessary by Digi.
Commercial Gain means any form of profits earned and/ or gained by the Customer directly and/ or indirectly arising from using/utilization of the Service with any unauthorized device or any other ways in any manner whatsoever which unfairly exploit the unlimited free voice and/or data usage (as and when it is made available by Digi in any of its promotions, plans and/ or packages) or spamming activities for the purposes of unauthorized reselling.
Credit Limit means the limit on Monthly Charges imposed by Digi at its sole and absolute discretion from time to time.
Customer means the person authorized for using the Service subject to the terms and conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations of its domicile for the time being in force and which may come in force more particularly described in the registration agreement.
Deposit means the refundable account deposit payable by the Customer as security for the payment of Monthly Charges and/or any part thereof.
Device means any device used to access the broadband service that includes, but are not limited to, USB modems, laptops (via built-in embedded modem), data cards and Mobile Telephones or/and any accessories used together to access the Service.
Digi means Digi TELECOMMUNICATIONS SDN. BHD. (Co. No. 201283-M).
Digi System means the telecommunications system utilised by Digi in providing the Service.
Early Termination means the termination of the Service subscription of line prior to the expiry of the Minimum Period either by the Customer or Digi.
Early Termination Sum means the amount including but not limited to all outstanding fees, charges and cost of the Mobile Telephone subsidy (if any) of the Service or any amount determined by Digi from time to time.
Financier means a licensed institution as defined in the Banking and Financial Institutions Act 1989.
Information means information, data, content, interactive applications, services and/or any other material the Customer may provide at any time, access, use and/or generate via the Service and/or VAS as applicable, including but not limited to Customer's personal data.
Minimum Period means the minimum tenure as determined by Digi in the registration agreement commencing from date of activation of the Service by Digi.
Mobile Telephone means the wireless telephone equipment which includes a combination of the transmitter and receiver together with accessories for the use of the Service.
Monthly Charges means all billed and unbilled charges for the Monthly Fee, call charges and/or data charges outstanding including but not limited to any other charges / fees and / or service tax.
Monthly Fee means the monthly rental charges payable by the Customer for the usage of the Service.
Principal User means the Customer or in the case of a company, any person nominated by the Customer to be the Principal User.
Service means the mobile telecommunication, broadband services or any other product or Services rendered by Digi, at this current time or in the future, using the Digi System and includes, where applicable, the Value-Added Services.
SIM Card means the microprocessor card provided by Digi which is inserted in the Mobile Telephone and/or the Device and contains a Personal Identification Number (PIN) for access into the Service and the definition of SIM Card will include Supplementary SIM Card(s) where applicable.
Supplementary SIM Card means the Supplementary SIM Card which has been issued at the Customer and/or Principal User's request to a third party approved by Digi.
Supplementary User means that the third party approved by Digi to be a supplementary user of the Service at the request of the Customer and/or Principal User.
Value-Added Services means additional functions, features or facilities which are currently available or will be made available by Digi from time to time and may be subscribed to and/or used by the Customer in connection with the Service to enable the Customer to access and use information, data, content, WAP and other interactive applications and/or services over the internet and/or intranets (hereinafter collectively referred to as 'VAS').
|2.1||This Agreement shall take effect from the date of commencement of the Service when the Customer's Mobile Telephone is connected or the Customer's broadband Service is Activated and shall continue to be in force until terminated in accordance with the terms and conditions of this Agreement.|
|2.2||For the avoidance of doubt, Digi shall have the right to use the Information from the time the Information is disclosed by the Customer.|
|2.3||This Agreement shall be automatically renewed for a further duration as prescribed in the Minimum Period upon expiry of the current Minimum Period unless otherwise informed by the Customer in writing fourteen (14) days before expiry.|
|2.4||The Customer hereby agrees that Digi may change and/or migrate the Customer's existing plan subscription to another plan as Digi deems fit at any point of the time during the validity of this Agreement. Digi shall notify the Customer of the effective date of the said change and/or migration. In the event the Customer wishes to remain to his/her existing plan, the Customer shall notify Digi within fourteen (14) days from the effective date of the change and/or migration to enable Digi to act accordingly.|
|3.1||The Customer shall, upon the submission of his/her application for registration, pay Digi the Advance Payment and/or Deposit and such other fees and charges as required by Digi. Once an application has been submitted to Digi, only the Deposit may be refundable subject to the terms and conditions of this Agreement. For broadband services, in addition to the Advance Payment, non-Malaysian Customers are required to subscribe to the auto-billing services and to present a valid credit card for Digi's verification.|
|3.2||The Customer shall promptly pay all Monthly Charges and Monthly Fees as may be imposed by Digi and any increase in such fees and charges from time to time, including all legal fees, stamp duties and such other charges/fees as may be prescribed by Digi for any termination, re-registration, transfer, requisition or any recovery cost in connection with this Agreement where necessary.|
|3.3||Except for Digi device (smart phones, tablets, modem) bundling or standalone plans wherein a mandatory Minimum Period (Period is within 0 - 24 months) is imposed on the Customer, the Customer may terminate this Agreement after subscribing to the Service by giving Digi not less than three (3) working days prior notice in writing.|
|3.4||In the event of termination of this Agreement either by the Customer or by Digi, all monies owing to Digi shall become immediately due and payable and Digi shall be entitled to offset the Deposit or the Advance Payment paid by the Customer against any amount owing to Digi.|
|3.5||All payments due by the Customer as stated in the Customer's bill statement shall be paid promptly and Digi reserves the right to charge interest on all late payments at the rate of 1.5% per month simple interest or such other rate as may be notified by Digi from time to time, both before and after judgment.|
|3.6||In the event the Customer disputes any of the charges in the bill statement or the amount outstanding therein, the Customer shall provide written notice thereof to Digi within fourteen (14) days from the date of the bill statement failing which it shall be deemed to be correct and binding upon the Customer. Upon receipt of such written notice by the Customer, Digi shall review the Customer's Account and make any amendment, if necessary.|
|3.7||Digi reserves the right to take any action it deems necessary for the recovery of unpaid charges or fees and any costs (including but not limited to legal costs on a Solicitor and Client basis) incurred in connection there with shall be borne by the Customer.|
|3.8||It is hereby agreed that a statement of account duly signed by an officer of Digi, shall be deemed to be conclusive evidence of the indebtedness of the Customer whether for purpose of litigation, court proceedings or otherwise and any demand, summons, other originating process, cause papers or other documents relating to any court proceedings or otherwise or letter whether sent by Digi or its agents, or solicitors, shall be deemed served on the Customer upon expiry of twenty four (24) hours of the posting of the same to the address specified in this Agreement, or the last known address of the Customer, by ordinary post or prepaid registered post.|
|3.9||In the event a Customer or Principal User defaults in the payment of any Monthly Charges and Monthly Fees as may be imposed by Digi and any increase in such fees and charges from time to time, including all legal fees, stamp duties and such other charges/fees as may be prescribed by Digi for any termination, re-registration, transfer, requisition or any recovery cost, the Customer or Principal User agrees that Digi shall have the option to suspend or terminate all other Principal User's lines of the same NRIC/Passport number and their Supplementary User (including Separate Supplementary Account) lines without any liability to the Customer or Principal User or any third party. Action may be taken against such Customer or Principal User and/or and their Supplementary User (including Separate Supplementary Account holder). In the event, Digi choose to suspend or terminate all the other Principal User's lines, the Customer or he Principal User shall continue making the payments on the commitment fees to be advised as and when by Digi.|
|3.10||The Customer or Principal User may have an option to request to Digi by giving a notice in writing to suspend or terminate all other Principal User's lines of the same NRIC/Passport number and their Supplementary User (including the Separate Supplementary Account holder) lines (the "Request"). The Request made shall not stop the Customer or Principal User in making the payments on the commitment fee and Digi shall have the right to claim for any damages and/or liability suffered (if any) arising from or in connection with the Request.|
For avoidance of doubt, Digi shall not suspend or terminate the request made by Customer in the event the Customers fail to serve the full term of the Contract Period. The Customer is not allowed to request for any suspension or termination of all other Principal User's lines if the Customer within the Contract Period.
|3.11||In the event that a Principal User line is terminated for any reason, the Supplementary User (including Separate Supplementary Account) lines shall automatically be terminated. The Supplementary User must sign a separate Agreement and shall assume the status of a Principal User in order to continue to be a Digi Customer. However, the Customer agrees that during such conversion, there may be interruption of Service and the Customer shall lose the benefits that it has acquired as a Supplementary User.|
|4.1||Digi reserves the right at any time without being liable to the Customer or any third party whatsoever to discontinue, interrupt, withdraw or suspend this auto-billing service or vary any terms and conditions of such service for such period of time as Digi shall deem fit for any reason whatsoever.|
|4.2||Any amount in the Customer's account which remains outstanding prior to the third party authorisation or the subscription to this auto-billing service shall be settled with Digi by the Customer at any Digi centre before the due date.|
|4.3||The Customer hereby authorises Digi:|
|4.4||The bill amount will automatically be debited to the Customer's charge/credit card upon approval by American Express/Diners Club or the respective acquiring or issuing bank for VISA/MasterCard.|
|4.5||In the event of a rejection pursuant to Clause 4.4 above, the Customer will be informed by Digi and the Customer shall accordingly be liable to settle all sums due to Digi directly. In this instance, American Express/Diners Club or the acquiring or issuing bank for VISA/MasterCard shall not be liable for any claims, demands or losses arising therefrom.|
|4.6||Any inquiries or disputes pertaining to the Customer's Digi mobile phone or broadband bills should be directed to Digi and NOT to American Express/Diners Club or the acquiring or issuing bank for VISA/MasterCard.|
|4.7||The Customer is obliged to inform Digi in writing upon transfer of mobile phone and/or SIM card owners, changes in Digi account number or if the Customer wishes to withdraw from the auto-billing service.|
|4.8||The Customer shall inform Digi in writing of changes in charge/credit card account number, including new account number issued under "lost card" or "conversion", termination/cancellation of charge/credit card account, changes or renewal of expiry date. Changes involving new account number will require submission of a new authorisation form.|
|4.9||The Customer may terminate the auto-billing service by giving one month's prior notice in writing to Digi.|
|4.10||The Customers must charge their bills to the charge/credit card account in their name only (solely or jointly). Any variation from this clause will require expressed permission from the cardholder in writing.|
|4.11||The Customers wishing to have this auto-billing service for their corporate and/or individual Digi accounts shall be subjected to the same finance charges that may be applicable to other charges that appear on the card account in accordance with the terms and conditions governing that card account.|
|4.12||This auto-billing service is only available to the Customers who are American Express/Diners Club/VISA/MasterCard with charge/credit cards issued by Malaysian financial institutions.|
|4.13||Digi reserves the right to require the Customer to settle any amount billed using other means of payment from time to time.|
|4.14||The Customer accepts full responsibility for all transactions arising from the use of this charge/credit card in payment of account.|
|4.15||Digi shall not be held responsible or liable for any claims, loss, damage, costs and expenses arising from the successful or unsuccessful processing of the debit due, the exceeding of credit limit, malfunction of the system, electricity failure and/or any other factor beyond the control of Digi.|
|4.16||Digi is only responsible for making arrangements to debit the Customer's charge/credit card account through the card centre as authorised by the Customer. The Customer acknowledges and agrees that the service is provided by Digi solely for the Customer's convenience and benefit. Therefore for any problems or disputes arising from the processing/debiting it shall be the Customer's own responsibility to resolve it with their charge/credit card companies (including but not limited to any problem due to breakdown/malfunction/mechanical defect of the computer system or equipment of the charge/credit card company).|
|4.17||The Customer hereby agrees to jointly and severally indemnify and keep Digi indemnified in full against any claims, loss, damage, costs and expenses which Digi may suffer or incur arising from the Customer's authorisation to debit the Customer's charge/credit card account as aforesaid.|
|4.18||Receipts will not be issued for payments made through the auto-billing service. The Customer shall refer to their charge/credit card statements for confirmation of payment.|
|4.19||In the event there is any amount on the Customer's account which remains outstanding prior to the authorisation, Digi reserves the right to debit the Customer's charge/credit card upon registration or the settlement of such outstanding amount.|
|4.20||The auto-billing service shall only commence upon completion or verification by Digi of the Customer's charge/credit card (which include verification by the relevant bank).|
|4.21||The Customer acknowledges and agrees that this auto-billing service is provided by Digi solely for the Customer's convenience. As such, in no way shall Digi be responsible or liable in any way to the Customer or any party if Digi automatically debits the Customer's charge/credit card as provided herein or take any other action provided herein irrespective of whether the Customer has had sight of the bill or otherwise.|
|4.22||Credit Limit shall not be applicable to the Customer who subscribes to the auto-billing service.|
The Personal Data Protection Act 2010 ("PDPA") sets out the rules which all users of personal data including Digi must obey when obtaining and using information about of our customers.
As part of Digi's compliance to PDPA and commitment towards the protection of our customer's personal information, Digi has put in place a personal data protection and compliance principles and framework ("Framework") in which Digi stands guided by in the provision of our products and services to our customers ("Products and Services").
HOW IS THIS RELEVANT TO ME AS A CUSTOMER OF Digi?
WHY IS THIS PRIVACY STATEMENT SIGNIFICANT?
Digi may be required to revise and/or modify this Privacy Statement and the Data Protection Obligations from time to time. In the event of such revision and/or modification, Digi will communicate such revision and/or modification at Digi's website. By continuing to use the Products and the Services after the communication of such revision and/or modification, you are accepting and consenting to such revision and/or modification. Please contact Digi in the event you do not agree to such revision and/or modification and depending on the nature of such revision and/or modification, it may impact Digi's ability to continue providing the Products and Services to you.
|IS IT NECESSARY FOR Digi TO COLLECT AND PROCESS MY PERSONAL INFORMATION?|
In order for Digi to provide the Products and Services and also to serve you better, Digi has in place certain procedures and processes in tandem with the Framework which necessitates the provision of some of your personal information to Digi.
|WHAT PERSONAL INFORMATION IS Digi COLLECTING AND PROCESSING?|
Basically, the personal information of customers collected and processed by Digi ("Personal Information") are categorised into;
(1) Mandatory information; and
(2) Optional information.
|1.1||Such personal information marked as mandatory by Digi ("Mandatory Information") includes:|
|1.2||In respect of the Mandatory Information, you agree and accept that;|
|1.3||If you do not agree to provide the Mandatory Information to Digi and/or do not agree to Digi processing the same, then Digi will not be in the position to provide the Products and Services to you.|
|2.1||Optional information which Digi will collect and process based on your subscription or usage ("Optional Information") includes:|
|2.2||The Optional Information are processed with your knowledge and consent as you retain the discretion on whether to:|
HOW IS Digi COLLECTING MY PERSONAL INFORMATION?Digi collects the Personal Information in a number of ways, including:
HOW WOULD Digi USE MY PERSONAL INFORMATION?Your Personal Information will be used by Digi to:
Please note that you will not be able to limit the processing of the Personal Information for the aforementioned purpose. If you do not agree to such processing by Digi, then Digi will not be in the position to provide the Products and Services to you.Digi may also use the Personal Information to enhance your experience with Digi, such as;
WHAT DOES Digi MEAN BY WHEN REQUIRED; Digi MAY DISCLOSE MY PERSONAL INFORMATION TO IDENTIFIED CLASSES OF THIRD PARTIES?In order for Digi to provide the Products and Services and also to serve you better, Digi may have to disclose your Personal Information to the following classes of third parties:
In this regard, please be assured that Digi has taken reasonable steps to ensure such classes of third parties engaged by Digi are contractually bound; (i) not to use your Personal Information for any reason other than to provide the Products or Services and (ii) to adequately safeguard your Personal Information.
Please note that it may also be necessary for Digi to transfer your personal information outside Malaysia if any of Digi's service providers or strategic partners ("Overseas Partners") involved in providing part of the Products and Services to you are located in countries outside Malaysia or if you use the Products or Services from a country other than Malaysia (for example, international roaming). In this regard, you hereby consent to Digi transferring your personal information outside Malaysia in these instances. Please be assured that Digi will take reasonable steps to ensure that any such Overseas Partners are contractually bound; (i) not to use your Personal Information for any reason other than to provide the Products or Services and (ii) to adequately safeguard your Personal Information.
|HOW TO CONTACT WISE PAY|