1.1. The scope of Services is as specified in the Application Form. You agree that we may, at any time, change the scope of Services and/or the technical specification of the Services.
1.2. The provision of the Services shall be at our sole discretion and is provided to you subject to the Agreement.
1.3 You are responsible for the set up and security of any of your servers, computers and any other device or equipment that uses the Services. We are not obliged to offer support for the detection or removal of malware, viruses, worms or trojans. We strongly recommend that you protect your computer and/or device with anti-virus software. In the event we do provide any security patches or workarounds, you shall be responsible in setting it up.
2.1 The Services shall commence and this Agreement will become effective on the date of execution of Application Form by us.
2.2 To facilitate any installation, modification, maintenance or repair work, you hereby authorise us and any of our agents, personnel or contractors to access the Service Installation Address, from time to time, with prior notice to you.
2.3 You shall ensure that you or your authorised representative are present at the Service Installation Address at the pre-agreed date and time to facilitate any installation, maintenance or repair work. In your absence, any person who is present and grants us, or any of our agents, personnel or contractors, access at the Service Installation Address at the agreed date and time shall be deemed to be your authorized representative.
2.4 You shall provide:
2.5 We may charge you an additional fee, that is payable within 14 days from the date of the invoice, if:
3.1 If you have signed up for a package with a Minimum Contract Period:
3.2 If your package does not have a Minimum Contract Period:
4.1 We will process your application once you have submitted a fully completed Application Form together with the relevant supporting documents (if any) and have paid the Deposit, and Registration Fees.
4.2 If you decide to cancel the Services before or on the Agreed Installation Date, the Deposit and the Registration Fees shall be forfeited.
4.3 In the event we are unable to commence the Services, including but not limited to the inability to receive reception from our satellite, without any fault on your part, we shall refund to you the Deposit and Registration Fees, free of interest, within thirty (30) days from the date of our notice informing you of the reasons why we cannot commence the Services.
5.1 For the Services, we shall charge you in accordance with the billing cycle relevant to your account:
5.2 You agree that any sum payable by you to us pursuant to the Agreement is exclusive of any sales and services tax (“SST”) which we are required to charge by law for the Service. Where SST is payable, you shall pay to us a sum equal to the amount of such SST under each invoice.
5.3 We shall be entitled to revise the amount of Fees or any other charges for the Services or part thereof at any time by posting such revisions on our website.
5.4 Fees shall be payable in advance of the provision of the Services. You agree that no Services shall be provided to you if you fail to the pay the Fees by the relevant due date.
5.5 We have the discretion to charge an interest of 1.5% per month for any late payment of Fees. Interest, where charged, shall apply on all outstanding amounts until date of actual payment, before or after judgment, and our rights and remedies shall not be affected in any way by any time or indulgence granted to you. You are responsible for verifying the accuracy of your bill and to notify us of any discrepancy or dispute no later than seven (7) days from the date of the bill, failing which you will be deemed to have accepted the bill as correctly rendered and final. To avoid interruption to the Services, you shall promptly pay your bill in full notwithstanding any dispute(s) or purported discrepancies.
5.6 If you dispute the Fees stated in the bill, we will investigate the dispute and provide a response to you as soon as possible and our decision will be conclusive and binding upon you. If after investigation, it has been found that you have overpaid, the overpaid sums shall, upon confirmation from us, be duly credited into your Account free of interest or any charges in your next bill. You are responsible for verifying the accuracy of the payment you are making. The mode of payment shall be as specified in our invoice.
6.1 You represent, warrant and undertake that:
|1||https://www.privasat.com.my/terms.htm||Until 31 December 2020|
|2||https://www.measat.com/privacy-policy-2||From 1 January 2021 onwards|
7.1 We may, at any time subsequent to the occurrence of such event as set out in Clause 10.1 or if we have reason to believe your internet usage is excessive, suspend the use of the Service. In no event shall our decision to suspend the use of the Service be construed as a waiver of our right to terminate the Services.
7.2 We shall restore the Services as soon as practicable upon you having:
7.3 We may interrupt the use of the Service:
8.1 You shall receive the Equipment for the Service subscribed on a rental basis.
8.2 You shall ensure that the Equipment and any part of it remain in good working condition
8.3 In the event the Equipment is damaged or lost, you shall immediately inform us and we shall repair, replace and/or install replacement Equipment, at your expense at the market price as determined by us.
8.4 Upon termination or expiry of the Agreement, we reserve the right to remove all the Equipment by making a prior appointment with you. You shall grant us and any of our agents, personnel or contractors to access the Service Installation Address to collect the Equipment. If we are unable to remove all the Equipment within thirty (30) days from our first contact with you to remove the Equipment or the Equipment is not in good order and/or working condition to the standard acceptable by us, you shall be charged the then market price of the Equipment as determined by us.
8.5 You shall not:
9.1 Any failure or default by us to perform any of our obligations under the Agreement will not be a breach if such failure or default is attributable to a Force Majeure event
9.2 In the event we are unable to provide our Services continuously for thirty (30) days due to Force Majeure event, we may terminate the Services by giving written notice to you. Any Service Fees paid by you in respect of the Services so terminated shall be pro-rated by deducting the amount due to us up to the date of termination. The remaining balance and the Deposit, free of interest and less any other sums due to us, shall be refunded to you and thereafter, we shall have no further obligations to you, or vice versa, save for antecedent breaches of the Agreement.
10.1. We shall be entitled by giving written notice to immediately terminate the Services if:
10.2. Where the Services are terminated pursuant to Clause 10.1, you shall immediately pay to us:
11.1. The Services is provided on a “best efforts” basis. We give no express or implied representations or warranties of any kind in relation to the Services or the Equipment.
11.2 You acknowledge and agree that the Services may not be free from loss, interruption or corruption due to a virus attack, hacking, or any other security intrusion, or any other reason and we shall have no liability in connection thereto.
11.3 You shall continue to be liable for any applicable charges and Fees during any period of interruption, suspension or loss of Services or part thereof from any cause whatsoever. No refunds or credits shall be provided during such period.
11.4 We are not responsible for and do not endorse any third party services or products which you may access, use or acquire together with the Services. We are also not responsible for any loss of damage that you may suffer or incur as a result of your use of such services or products.
11.5 We shall not have any liability for any losses resulting from the Equipment or any installation, repair or other services associated with the Equipment, including without limitation, damage to your premises or loss of software, data or other information on your computer.
11.6 Notwithstanding anything to the contrary in the Agreement, the provision of the Services shall be at your sole risk. You irrevocably waive all rights or remedies available at law or equity. In no event shall we be liable, whether in law, equity or negligence or otherwise howsoever, to you, for any direct, indirect, consequential or other damages. Further, without limiting the generality of this Clause 11, you acknowledge and confirm that you shall have no right of recovery for the satisfaction of any cause whatsoever arising out of or in relation to the Agreement against any Group Company or any officer, director, employee, agent, partner or shareholder of ours or any Group Company.
11.7 Without limitation to this Clause 11, we shall not be liable for the acts or omissions of any third party. In particular, any links provided by us to internet sites operated by third parties, are for your convenience only. We do not control such third party internet sites, are not responsible for their content nor give any form of endorsement.
11.8 For the avoidance of doubt, it is expressly agreed that no provision of the Agreement shall be enforceable by any third party.
12.1 You shall at all times indemnify and hold us harmless from and against any liability, loss, expenses, claim or damage, including legal fees arising from:
13.1. You shall not assign or otherwise transfer this Agreement or any of your rights under this Agreement to any other person without our written prior consent. We may assign or novate its rights and obligations under this Agreement to a related corporation or any other third party, and you hereby consents to the said assignment or novation.
14.1 The Parties may give notice to each other by posting through our email, or post.
14.2 Your contact details shall be as stated in the Application Form or any address as may be notified in writing by you to us from time to time.
14.3 Our contact details, can be found at the following websites:
|1||https://www.privasat.com.my||Until 31 December 2020|
|2||https://www.measat.com||From 1 January 2021 onwards|
14.4 Notices shall be deemed to be received if:
14.5 Service of legal process upon you may be affected by registered post to your last known address as stated in the Application Form or other address notified to us and deemed served upon posting.
14.6 For avoidance of doubt, if your fail to notify us of change of address, the resulting delay or non-delivery of notices or invoices or communication sent by us to you will not affect our legal rights and remedies.
15.1 The Agreement shall be governed by and construed in accordance with the laws of Malaysia.
15.2 The Parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Malaysia.
15.3 The Agreement constitutes the entire agreement between the Parties in respect of the subjected matter set out herein and supersedes all previous agreements, representations, correspondences, proposal and any other arrangement or understandings, whether express or implied and supersedes all previous and contemporaneous oral or written agreements and representation made. If the terms of our Application Form are inconsistent with these Terms and Conditions, then these Terms and Conditions shall prevail.
15.4 Notwithstanding anything to the contrary in the Agreement, the provisions of Clauses 11,12, 14, 15.1 and 15.2 shall survive the termination or expiry of the Agreement.
15.5 No delay in acting on our part or enforcing our rights under this Agreement or at law shall amount to a waiver of our rights or prejudice us in acting against you.
15.6 Time, whenever mentioned, in relation to your performance of your obligations pursuant to the Agreement shall be of essence.
15.7 Nothing in the Agreement will require either you or us to contravene any applicable law. If any provision of the Agreement is found or declared by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed and shall not affect the validity of the other provisions of the Agreement which shall retain full force and effect.
16.1. In the Agreement, capitalized terms shall have the following meanings:
Privasia Technology (PTB) company was founded on July 14, 2008 and is headquartered in Petaling Jaya, Malaysia. We were then listed on the ACE Market of Bursa Securities in May 2009.