GENERAL TERMS AND CONDITIONS
Section I: Terms and Conditions
- The IP Telephony service(s) provided by OrenCloud (hereinafter referred to as “OC”) is subject to the Customer’s acceptance and continued observance of the terms and conditions herein set out which may be varied at any time by OC, upon giving thirty (30) days written notice to the Customer. Upon getting the written notice from OC, the Customer may at its discretion serve a notice no lesser than seven (7) days to the effective date of the variation to terminate the IP Telephony service(s) in the event that the variation(s) is/are not acceptable to the Customer.
- This Agreement shall be for a minimum period of 1 month (hereinafter referred to as “Initial Term”) unless a longer period has been agreed (e.g. International Numbers Subscriptions), Toll Free numbers, etc) which will be for a period of 12 months, the Agreement shall thereafter remain in force until terminated by either party upon giving thirty (30) days prior written notice to the other party or otherwise as provided herein.
- The Customer shall pay all applicable charges, rental and deposit as prescribed by OC for any service(s) and facilities requested by the Customer or person duly authorized by the Customer. All payment shall be effected in Malaysian Ringgit.
- OC reserves the right to increase the deposit for call charges if they exceed the initial estimated call charges deposit. -where applicable-
- In the event, the Customer terminates the Agreement before the expiry of the Initial Term, the Customer shall be liable to pay the rental for the unused portion of service(s) for the remaining period of the Initial Term.
- OC reserves the right to deduct Customer’s deposit when lost of parts or damage due to other than normal wear and tear. The schedule of deduction can be obtained from OC. -where applicable-
- OC reserves the right to deduct Customer’s deposit for any cost incurred by OC to recover any amount due from the Customer for the provision of the service(s) and the right to increase the Customer’s deposit from time to time as it deems fit.
- OC might -from time to time- review its charges and rental for service(s) and adjust accordingly (i.e. Inflation adjustments, etc., etc.), all changes will be given with thirty (30) days written notice to the Customer. Upon getting the written notice from OC.
- Customer may at its discretion serve a notice no lesser than seven (7) days to the effective date of the variation to terminate the IP Telephony service(s) in the event that the variation(s) is/are not acceptable to the Customer.
- The Customer will be billed monthly on dates determined by OC. Charges payable to the subscription, usage of service(s) and call charges (i.e. Airtime) will be calculated as per the published rates on OC Website, except where OC otherwise determines by reference to the details of usage recorded by OC and not by any apparatus or means used by the Customer.
- All bills to the Customer shall be sent to the email address as stated during signup. The Customer hereby acknowledges that non-receipt of a statement of account, bill of charges or any correspondence in relation to the service(s) is not a valid reason for the Customer to hold back or delay any outstanding payment due to OC.
- OC shall use its best endeavour to ensure the continuity and efficiency of the service(s) at all times but shall not be held liable for any loss or damage, consequential or otherwise, arising out of any failure of any service(s) howsoever caused, including any default, error, omission, or action, whether negligent or otherwise, in the transmission, reception or use of the service(s).
- The Customer shall be responsible for the procurement and maintenance of Customer’s terminal (i.e. Unifi, Streamyx, etc.) equipment and necessary preparation at its premise.
- The Customer shall keep OC’s equipment (if any) in good condition (fair wear and tear only excepted) and be fully responsible for any loss or damage to OC’s equipment, wire and accessories in the Customer’s premises whether the same caused by fire, theft, accident, or otherwise whatsoever and all repairs rendered necessary thereby shall be undertaken by OC and all cost thereof shall be borne by the Customer.
- The Customer hereby agrees to indemnify and shall keep OC indemnified at all time for any loss, damage, liability or expenses arising from any libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via OC service(s) and from all other claims arising out of any act or omission of the Customer or any unauthorized use or exploitation of OC’s service(s).
- The Customer shall take all reasonable precautions to protect against any unauthorized use of the Customer’s OC service(s) and shall at all times be responsible for all acts of unauthorized use of the Customer’s OC service(s) including the payment of all charges resulting from such use. The Customer may allow other persons to use his/her OC service(s) or access to the OC service(s) provided that the Customer shall not receive, either directly or indirectly, any consideration or benefits of any kind in return for such use, and ensure that any such person observes the provisions of this Agreement and any other usage conditions as notified by OC to the Customer from time to time.
- The Customer shall only use the OC service(s) for the intended purpose and in a manner permitted by law or any other purposes, which are permitted by OC and shall not be involved or facilitate the reselling of OC service(s). The Customer shall also comply with all relevant statutes, rules and regulations currently in force and related to the provisions of OC services(s).
- OC may without prejudice to any other right, claim or action it may have against the Customer, immediately after giving seven (7) days written notice, discontinue the OC service(s) and terminate the Agreement if the Customer is in breach of any of the terms and conditions herein or any provisions under the Communications and Multimedia Act 1998 or other applicable laws currently in force. In the event of discontinuance of OC service(s), the customer shall have no right or claim whatsoever nature against OC.
- The Customer warrants that all details as provided during signup are correct in every particular and undertake to immediately notify OC of any changes accordingly. The Customer hereby acknowledges that OC shall have the right to share the Customer’s details with OC’s related companies for the purpose of marketing activities in respect of products and services of OC and/or its related companies from time to time as OC deems fit provided always that OC and its related companies shall observe the applicable confidentiality obligation as imposed by law or by contract and shall abide by the same strictly. OC reserves the right to terminate the Agreement at any time without notice if any information given in the Service Registration Form is found to be false or incorrect.
- it is taken that the person during signup is considered the “signatory”. The signatory warrants that he/she has the authority to make such application for OC service(s) on behalf of the Customer and shall bind the Customer accordingly.
- No delay or indulgence by OC in enforcing any terms and conditions of this Agreement nor granting of time by OC to the Customer shall prejudice the rights or powers of OC under this Agreement or any applicable law. Failure to exercise any part or all of its right under the terms and conditions of this Agreement or any partial exercise shall not act as waiver of such right nor shall any waiver by OC of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
- If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provision shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
- Any notice, request, demand, writ of summons, all other legal processes, and/or other communication to be given or made under this Agreement shall be deemed to have been duly served on the Customer if left at the Customer’s last known address or sent by ordinary post to his last known address or the address as provided by the customer. Any notice, request or demand or communication to OC by the Customer shall only be effective when officially received by OC at its principal place of business or any other address as may be notified by OC to the Customer from time to time.
- This Agreement shall be binding on the successor in title or permitted assign of the respective parties hereto.
- OC shall not be liable for any breach of this Agreement which is caused either by Act of God, an insurrection of civil disorder, war or military operations, national or local emergency, act or omission of Government, highway authorities, or other competent authority, industrial disputes of any kind (whether or not involving any OC’s employee), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omission of persons or bodies for whom OC is not responsible for or any other cause whether similar or dissimilar, which is outside OC’s control.
- This Agreement shall be deemed to be made in Malaysia and subject to Malaysian laws and the jurisdiction of the Malaysian courts.
- In any proceedings between OC and the Customer, any statement of account issued by OC that a specified sum is due and owing to OC from the Customer for OC service(s) provided under this Agreement shall be conclusive evidence of that fact.
- The customer agrees to withhold from;- unauthorised Caller ID spoofing, unauthorised impersonation(s), unwanted robocalls, nuisance calling campaigns or any other form of general accepted illegal calling activities. Any breach may result in suspending any or all services provided to the customer without notice. Upon suspension Astiostech reserves the right to report such cases to the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM) (or in English the Malaysian Communications and Multimedia Commission (MCMC)) -the communications industry regulator in Malaysia-, the Royal Malaysian Police (PDRM) -being the law enforcement agency in Malaysia- and/or other relevant authorities within Malaysia and/or act upon a judgement of such jurisdictions.
- The proper stamp duty, -if any- of any agreement shall be borne by the Customer.
- The Customer hereby acknowledges that he has read and fully understood all the terms and conditions contained here upon the start of usage of OC Services and agrees to be bound by the same upon OC accepting the application. The Customer warrants that all the details and documents provided to OC are true, correct and contain the latest information and allows OC to conduct independent verification of the same with any organization. The Customer shall if requested, furnish further details and documents if OC deems fit and necessary without reserving any reason whatsoever.
ORENcloud is a leading hosted IP-PBX company wholly owned and supported by Astiostech Sdn Bhd, an MSC-Status company, with a vision to create revolutionary voice, network monitoring and cybersecurity solutions.
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