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TERMS & CONDITIONS
 
SCOPE OF AGREEMENT
 
This is a legal agreement between you and us, Fiber At Home Network Sdn Bhd (FIBER@HOME) about the physical connection of the address of the premises (the “Premises”) that you have provided to us the Fiber@Home Network (the Network). You should ensure that you understand the contents of this agreement prior to ordering any services from any organizations (the “Service Providers”) who offers same on the Network. Such services may include telephone, television, internet, data backup, security monitoring and other services that may be offered on the Network from time to time (the “Services”) and you will have to enter into an agreement directly with the Service Provider for the Services. By activating the Services, you are deemed to have agreed to our terms of service below.
If you do not own the Premises, you are required to submit to us the Landlord’s Consent letter signed by the owner of the Premises. The letter is available at Fiber@Home website, www.fiberhome.my.
This Agreement is the entire agreement between you and us. You will also have an agreement with the Service Providers. We, FIBER@HOME, own the Network and this is the agreement that governs your physical access to it; we are not responsible for the Services provided by the Service Providers.
 
PROPERTY ACCESS FOR EQUIPMENT INSTALLATION
   
1.
In consideration of FIBER@HOME agreeing to connect the Premises to the Network, you grant to us a non-exclusive license to access the Premises (“the Access License”) to install, repair, replace and maintain the Equipment
   
2.
The Access License is irrevocable with respect to the exterior of the Premises.
   
3.
With respect to the interior of the Premises, the Access License remains in effect until the Agreement is terminated both or either party, and the Equipment has been removed by us..
   
4. The Access License runs with the land.
   
5.
You warrant that you are either the owner of the Premises or that you have the authority to grant us the Access License. If you are not the owner, the Landlord’s Consent letter must be provided to us prior to an appointment being made for the installation of the equipment
 
USE OF THE NETWORK
 

  1. The Equipment is provided solely for your use of the Services and will, at all times, remain the exclusive property of FIBER@HOME. You may use the Equipment only at the Premises and may not remove the Equipment from the Premises without our prior written consent.

  2. You are responsible for the safekeeping of the Equipment. If, while in your care, the Equipment is damaged, lost or stolen, you agree to pay FIBER@HOME the full cost, including costs incurred by us to recover, repair and replace the Equipment as well as any legal or collection costs. You agree that we may bill you directly, or direct the Service Provider to bill you for the incurred costs... This provision survives the termination of this Agreement.

  3. Any unauthorized attachments to the Equipment or interfering or tampering with the Equipment or unauthorized use of the Equipment are prohibited and may constitute theft under the Malaysian Law.

  4. You may not sell, share, license, sub-license, assign or otherwise allow others who do not live in the Premises to use or have any access in any form whatsoever to the Equipment, the Network or any signal emanating from the Equipment or the Network. You agree that if you connect any equipment or technology of any kind which emits a wireless signal, you must secure that signal to ensure that no one outside of the Premises has access to that wireless signal. BREACH OF THIS OBLIGATION WILL SUBJECT YOU TO A CHARGE EQUIVALENT TO YOUR LATEST MONTHLY FEE FOR ALL SERVICES MULTIPLIED BY THE NUMBER OF OTHER PREMISES WITHIN 50 METRES OF THE PREMISES MULTIPLIED BY THE NUMBER OF DAYS SUCH SIGNAL HAS NOT BEEN SECURED. THIS WILL BE ADDED TO YOUR BILL FROM YOUR SERVICE PROVIDER OR TO THE BILL FROM FIBER@HOME TO YOU.

  5. All equipment and devices you use to access the Network and the Services or that you use in connection with the Services (collectively, “Your Equipment”) shall be and remain your responsibility. We are not responsible for the operation or use of Your Equipment, including without limitation, the compatibility of Your Equipment with the Equipment or the Services.

  6. The Equipment, as well as technology and processes used in connection therewith may be subject to intellectual property rights reserved by FIBER@HOME or third parties. Nothing contained in this Agreement shall grant to you any right, license, title or ownership of or to any intellectual property rights of FIBER@HOME or that of the third parties..

  7. You agree not to copy, display or use in any manner any trademarks without our express prior permission. Other product, information or company names mentioned herein may be the registered trade-marks or trade-marks of their respective owners.

 
SERVICES
1.
FIBER@HOME does not warrant the quality, condition or content of any of the Services. You acknowledge that there may be programming content or other content that you may find offensive and you agree that viewing or use of such content is at your own risk.
   
2.
From time to time, you will allow us and/or our agents to inspect the Equipment at any time for any duration of time, without notice or liability to you in order to install, inspect, repair, replace or to perform necessary maintenance on the Equipment or the Network, or for other technical reasons as may be required.
   
3.
You agree to provide us and/or our agents access to the Equipment (including reasonable access into the Premises) as may be reasonably necessary under the circumstances.
   
4.
You understand that the Network does not function in the event of a power failure and regardless of where the power failure arises. In addition, a power failure or disruption may require us and/or our agents to reset or reconfigure the Equipment or the Network to reactivate your access to the Services.
   
5.
We do not warrant uninterrupted access to the Network or uninterrupted use of the Services
 
CHANGE OF ADDRESS
 
You are responsible to notify us at least thirty (30) days prior to the date your moving out and, upon demand, you must return all Equipment to us.
 
TERMINATION
   
1. If you decide to terminate access to the Network, you must us to advise of same.
   
2. You agree that if this Agreement is terminated for any reason, you will, upon demand, permit us and/or our agents to access the Premises at a mutually agreed time to remove the Equipment and any other materials provided by us. You agree that if we do not remove the Equipment, and have not abandoned them, we may, at any time, elect to remove the item.
   
3. We may restrict, block, suspend or terminate access to the Network immediately where you:
 
  • Fail to provide us and/or our agents with reasonable entry and access to install, inspect, repair, replace or to perform necessary maintenance on the Equipment, or our facilities or the Network;
  • Use the service for unlawful purposes
  • If you relocate, alter, abuse or disconnect the Equipment.
 
4. We will attempt to notify you using the information shown on your account stating the reason and the date scheduled for the suspension or termination.
 
5. We will not provide you notice of a proposed restriction, block, suspension or termination:
 
  • If immediate action must be taken to protect FIBER@HOME facilities, the Equipment, or the Network, or if suspension is required by legal requirement, court order, ordinance or regulatory authority;
  • If we believe that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination; or
  • If you misuse or abuse or permit others to misuse or abuse the access to the Network for purposes that are contrary to law or this Agreement
  • In an emergency situation.
 
6. If the Network access is restricted, blocked, suspended or terminated for cause, we are not obligated to restore it. If we agree to restore access to the Network, a charge may be applied.
 
LIABILITY
 
1.YOU ACKNOWLEDGE AND AGREE THAT:
 
a. We shall not be liable for:
 
  • Any interruption or unavailability of the network service
  • Any act or omission of any third party including, but not limited to, any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities or services;
  • Your conduct, acts or omissions;
  • Any event beyond our reasonable control, including acts of God, inclement weather (including lightning), power failures or surges, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
  • Our failure, for any reason, to activate your Network access on the activation date you requested or the date provided by us.
  • Any defacement of, or damage to, the Premises resulting from the attachment of any instruments, apparatus or associated wiring or the Equipment, or removal thereof, when such defacement or damage is not wholly caused by our and/or our agents’ negligence; and
  • Any damages you incur as a result of the operation or failure of Your Equipment, facilities, wiring or other devices you use with the services, including without limitation if any of Your Equipment, facilities, wiring or other devices that you use with the services are now or thereafter become incompatible with the Equipment or the Services.
 
2. OUR LIABILITY IS LIMITED AS UNDER NO CIRCUMSTANCES SHALL WE, OUR PARTNERS OR ASSOCIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING PHYSICAL INJURY, LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THIS AGREEMENT, INCLUDING USE OF THE EQUIPMENT OR SERVICES, OR YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE OR MATERIAL VIEWED OR PROVIDED ON OR THROUGH USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN RECEPTION OR TRANSMISSION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES.
 
3. WE SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND SAVE US HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING;
 
  • Claims for libel, slander, infringement of copyright, trademark or other intellectual property rights or contractual rights of any third party or based on any other legal theory howsoever arising from the material, data or other content from the services;
  • Any losses, damages, expenses or costs (including legal fees) arising out of or in connection with any claim, or other proceeding based on a contention that the use of the Equipment or the Services by you or a third party
    infringes any intellectual property rights or contractual rights of any third party; or
  • Claims by those to whom you provide access to the Equipment or the services including any physical injury arising from the Equipment.
 


LIMITED WARRANTY
 

ALL EQUIPMENT AND THE NETWORK ACCESS PROVIDED BY US IS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND.

WE DO NOT WARRANT:

1. UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR THE NETWORK.
2. ANYTHING ABOUT THE SERVICES INCLUDING WHETHER THEY WILL OPERATE AS SUGGESTED BY THE SERVICE PROVIDER OR THAT THE CONTENT WILL BE APPROPRIATE FOR YOUR NEEDS.
3. THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON OR FROM THE SERVICES IS FREE OF DEFECT, ERROR OR VIRUSES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION, PROGRAMMING, ADVERTISING, CONTENT OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.

GOVERNING LAW

The Agreement shall be governed and construed in accordance with the laws of Malaysia.

GENERAL

1. You may not assign, resell or transfer the Equipment or the services to any person without our prior written consent. This Agreement will ensure to the benefit of, and be binding upon, your respective heirs, executors, administrators, successors and permitted assignees and for the purpose of FIBER@HOME shall benefit to any party that controls, is controlled by or under common control with FIBER@HOME.

2. We may assign this Agreement or any of its rights hereunder in whole or in part at any time without your consent.

CONFIDENTIALITY

We may disclose any information as is necessary to:
a. Satisfy any legal, regulatory or other governmental request;
b. Operate the Services properly;
c. Or protect us and our customers, in accordance with the guidelines set out in our Privacy Policy.

YOU AGREE THAT

By registering for Services, you acknowledge that you have read, understood and agree to the terms of service set out in this document (collectively the “Agreement”). If you do not wish to be bound by the Agreement or any changes which may be made by us from time to time, do not activate or use the Services and immediately contact FIBER@HOME. We may change the Agreement from time to time upon reasonable notice to you and will post notice of any changes made to the Agreement online at www.fiberhome.my by setting the last date of revision on the top right hand corner. All changes will take effect within thirty (30) days of the date the change was posted.

YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE. IF YOU DO NOT TERMINATE YOUR ACCESS TO THE NETWORK WITHIN THIRTY (30) DAYS OF THE DATE THE CHANGES ARE POSTED, YOU ARE DEEMED TO HAVE ACCEPTED THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.