Terms of Service

 

This agreement (Agreement) is between MoBif Berhad and the user (Customer). By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. MoBif Berhad is a provider of telephone services. MoBif Berhad provides its service using devices that allows voice calls using data networks such as the Public Internet and Intranets.

1. SERVICE

a. 911 Emergency service
Customer understands that MoBif Berhad. service does not provides 911 emergency call service.

b. Use of Service
Customer agrees to use the service for its own use. Customer will not resale or use the service in any commercial activities.

c. Loss of Service Due to Power Failure or Internet Failure
Customer acknowledges and understands that the Service does not function in the event of power failure or Internet failure in the location where the telephone adaptor is being used.

d. Tampering with the Device
Customer agrees not to change the original configuration of the telephone adapter provided by MoBif Berhad., or the configuration of the device provided by MoBif Berhad. without express permission from MoBif Berhad.

e. Theft of service
Customer agrees not to try to modify, or reverse engineer any of MoBif Berhad. configurations with the purpose of fraudulent used of MoBif Berhad services. In the event MoBif Berhad. discovers such an activity by customer part, MoBif Berhad. will take the necessary actions to recover all revenue losses, collection costs and attorney's fees.

f. Account number and password
Customer is responsible for maintaining the confidentiality of your account number and/or password. Customer is responsible for all uses of his/hers account, whether or not actually or expressly authorized by customer.

2. BILLING AND SERVICE DESCUNTINUANCE

a. Billing
Customer should be responsible for recharging
its available balance by using MoBif Berhad. web site http://www.mobif.com.my and selecting Make a payment option. Customer credit card information should be verified before proceeding to make a payment. Customer credit card information should be valid for system to approve transaction. In the event Customer's account has a negative balance customers authorized MoBif Berhad. to make a payment using customer's credit card information on file to cover amount due. MoBif Berhad. will contact customer two times before charging credit card. All Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. Customer account will be debited at the end of each call.

b. Discontinuation / Re-initiation of service
Service will automatically be discontinued when customer account balance is equal to $0.00. A termination notice will be sent to customer via e-mail. The e-mail address use will be the one stored in customer's file. Service will be re-installed again after customer makes a new pre-payment and notify MoBif Berhad. Customer Support department at support@mobif.com.my

c. Billing Disputes
Customer must inform MoBif Berhad. in writing within 15 days after date of call in question.

d. Taxes
Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on MoBif Berhad. as a result of providing the Service will be deducted from customer's account.

3. GOVERNING LAW

The validity and interpretation of this Agreement shall be governed and construed in accordance to the laws of the State of Florida without regard to any conflict of laws, rules or policies. Customer agrees that in any legal action or proceeding between you and MoBif Berhad. for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction the state and federal courts of Florida and you expressly waive all defenses to jurisdiction.

4. LIMITATION OF LIABILITY

In no event shall MoBif Berhad be liable to Customer or Customer's customers or any third party in any respect for any damages including, without limitation, any indirect, incidental, consequential, exemplary, punitive, reliance or special damages, or for any loss of revenue, profits, use, data, goodwill or business opportunities of any kind or nature whatsoever, arising in any manner from this Agreement and the performance or non-performance of any obligations hereunder. MoBif Berhad. shall not be liable for any damages, whether direct or indirect, caused by services or
equipment that is not furnished or managed by MoBif Berhad.

5. INDEMNITY

Customer agrees to defend, indemnify, and hold MoBif Berhad., its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers who furnishes services to Customer in connection with this Agreement or the Service, harmless from claims or damages by, or in the right of,Customer relating to this Agreement, the Services, including 911 Dialing, or the Telephone
Adaptor. This paragraph shall survive termination of this agreement.

6. NO WARRANTIES ON SERVICE

MoBif Berhad. makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Neither MoBif Berhad. nor its vendors will be liable for unauthorized access to MoBif Berhad or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage
occurs as a result of MoBif Berhad or its vendors' negligence. Statements and descriptions concerning the Service, if any, by MoBif Berhad. or MoBif Berhad agents or installers are informational and are not given as a warranty of any kind.

7. NO WARRANTIES, OR LIMITED WARRANTIES, FOR DEVICES

Customer most refer to manufacture's limited warranty provided by equipment manufacture. If Customer's Device did not include a limited warranty from MoBif Berhad. at the time of purchase, Customer agrees that it accepts its Unit "as is" and thatCustomer is not entitled to replacement or refund in the event of any defect.

8. PRIVACY POLICY

Refer to MoBif Berhad. Privacy Policy at http://www.mobif.com.my

9. CORRESPONDENCE

Any notification will be send to the customer via e-mail. Customers is responsible for updating his files to insure receivable of any correspondence originated by MoBif Berhad. Customer can notify MoBif Berhad. of any issues at support@mobif.com.my.

10. CHANGES TO THIS AGREEMENT

MoBif Berhad. may modify the Materials, Services and Terms of Use at any time without notice and such modifications shall be deemed effective immediately upon making such changes.

11. TERMINATION

Customer agrees that MoBif Berhad., in its sole discretion, may terminate customer's account, for any reason, or no reason at all. Customer agrees that any termination of your service may be done without prior notice. Further, you agree that MoBif Berhad. will not be liable to you or any third-party for any termination of customer's service.