Terms and Condition
PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS CAREFULLY BEFORE YOU SIGN UP FOR THE INFOLIENT BROADBAND
SERVICE. BY INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED
HEREOF, YOU ARE DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THE
FOLLOWING TERMS AND CONDITIONS FOR THE USE OF INFOLIENT BROADBAND SERVICE
PROVIDED BY INFOLIENT SDN. BHD. ("Infolient").
INFOLIENT RESERVES THE RIGHT TO UPDATE OR REVISE THESE TERMS AND CONDITIONS
FROM TIME TO TIME. INFOLIENT MAY GIVE NOTICE OF AMENDMENT TO THE CUSTOMER IN
SUCH A MANNER AS INFOLIENT DEEMS APPROPRIATE. CONTINUATION IN THE ACCESS OR USE
OF THE INFOLIENT BROADBAND SERVICE SIGNIFIES ACCEPTANCE OF THE CHANGES TO THESE
TERMS AND CONDITIONS WITH REGARD TO THE INFOLIENT BROADBAND SERVICE.
1. The Service
Infolient is a company which is involved,
amongst others in the provision of Internet and multimedia products and
services and is desirous at the request of the Customer to provide to the
Customer, Infolient Broadband Service ("the Service" as hereinafter
defined) on Infolient’s network, which will allow the
Customer the access to Internet on the terms and conditions set forth herein,
as may be amended from time to time by Infolient).
2. Definitions
"Activation Date" means the date on which the Service
and User Account (hereinafter defined) are activated for the Customer by
Infolient as more particularly described in clause 3.2 hereunder.
"Agreement"
means the completed Application Form (and its attachment(s)) and the terms and
conditions herein.
"Application Form" means the application form to which
these terms and conditions are attached requesting particulars from an
applicant offering to become a Customer (hereinafter defined) and furnishing
the required and genuine information. Such application form and these terms and
conditions shall form the Agreement.
"Customer" under this Agreement shall mean a natural
person other than a minor and shall include corporate body, partnership,
associations, company, government and/or non-government organisation
whose application to enter into this Agreement is accepted by Infolient
and shall include his successors and permitted assigns and is synonymous with
the term "subscriber" or "applicant" wherever used in other
correspondence or documents.
"Commencement Notice" means the notice issued by
Infolient to the Customer specifying the date of commencement of the Service.
The Commencement Notice shall also contain the Customer’s Internet Protocol
(IP) address or login name and password, as the case may be.
"Leased Equipment" means the equipment which may
include but not limited to modem provided by Infolient on lease basis to enable
usage of the Service by the Customer, as may be decided by Infolient from time
to time at its sole discretion.
"Minimum Subscription Period" means the minimum period
of twelve (12) months for subscription of the Service by the Customer or such
other minimum period for subscription of the Service as may be determined by
Infolient from time to time, and as more particularly described in Clause 4
herein.
"Registration Date" means the effective date of this
Agreement which is the date upon which Infolient approves the Customer’s
application for the Services, as more particularly described in clause 3.1
herein.
"Infolient" means Infolient Sdn.
Bhd. (Company No: 645912-M), a company incorporated
under the laws of Malaysia with its business address at 21c, 3rd
Floor, Jalan SS15/4, Subang
Jaya, 47500, Selangor.
"Infolient Broadband Service" (or the
"Service") means a high speed Internet access service which
provides connection to the internet with speeds ranging from 384kbps up to
2Mbs.
"User Account" means an account under the name of the
Customer in relation to the Service subscribed by the Customer.
Word and
expressions donating the singular include plural numbers and words and
expressions denoting the plural shall include the singular number unless the
context otherwise requires.
Word denoting natural persons include bodies
corporate, partnerships, sole proprietorship, joint ventures and trusts.
The expression "him" or any other
expressions appear herein shall be deemed to include the masculine, feminine,
plural thereof where the context so admits.
3. Commencement of Service
1.
This Agreement shall be effective after execution
of the Application Form by the Customer and upon the acceptance of the
Application Form together with the required attachments hereunder and the
registration thereof by Infolient ("Registration Date"). Infolient
reserves the right to decline any application without assigning any reason
thereto.
2.
The Service and Minimum Subscription Period shall
commence after the successful completion of the Service installation, whether
by Infolient, its appointed contractor or the Customer himself (as applicable)
and upon the date on which the Service is activated for the Customer by
Infolient ("Activation Date").
4. Minimum
Subscription Period & Term
4.1 The Customer shall subscribe to the Service for a period of not less
than the Minimum Subscription Period of twelve (12) months or in the event of
any promotion held by Infolient for the Service, such other minimum
subscription period as may be applicable to the relevant promotions as may be
prescribed by Infolient from time to time.
4.2 This Agreement shall remain in full force and effect for the
duration of the Minimum Subscription Period and upon expiry of the Minimum
Subscription Period, this Agreement will automatically be renewed on a monthly
basis unless earlier terminated by either Party hereto in accordance with the provisions
of this Agreement.
5. Application
for the Service
1.
The Customer may apply for the Service online and
offline.
2.
Upon submission of the Application Form (whether
online or offline), the Customer shall ensure that all information (and
documents) submitted to Infolient for the purpose of subscribing to the Service
(including information requested to be submitted with the Customer’s
Application Form or information upon Infolient’s
request) are accurate, current and complete and the Customer hereby undertakes
to inform Infolient of any updates to such information in the event of any
changes thereto.
3.
The Customer is required to submit to Infolient the
following supporting documents together with the Customer’s signed and
completed Application Form:
For Malaysian:
(a) Basic Package:
(i) Individual - a copy of the individual’s
identity card (both sides);
(b)
(i) Sole proprietor or partnership — a copy of
the Customer’s business license, Forms D, B and A;
(ii) Company — either a copy of Form 9, Form 49, Form 24 and Form 13.
For Non-Malaysian:
(a) Basic Package:
i. Individual -
a copy of the Customer’s passport;
(b)
(i) Company - either a copy of the Customer’s
Form 79, 80, 80A and 83.
For the
5.4 In order to subscribe and establish connection to the Service, the
Customer may use the Leased Equipment provided by Infolient or his own
equipment to be connected to the Customer's telephone line to enable usage of
the Service.
6. Service Availability
1.
Upon receipt by Infolient of all the supporting
documents specified in clause 5.3 hereof, Infolient shall register the
Customer’s application and verify and confirm availability of the Service at
the Customer’s designated address as stated in the Customer’s Application Form
("Designated Address").
In the event that the Service is not available in the Designated
Address, Infolient may inform the Customer and the Customer’s application will
be kept in Infolient’s record as a waiter pending
availability of the Service at the Designated Address. Where the Customer’s
application is recorded as a waiter, Infolient makes no guarantee or warranty
to the Customer that the Service will become available at the Designated
Address, and Infolient shall not be held liable or responsible in the event
that Infolient are unable to provide such Customer with or facilitate
availability of the Service at the Designated Address.
2.
In the event that the Service is available at the
Designated Address, Infolient shall forthwith fix an appointment for and carry
out the installation of the Service for the Customer in accordance with the
provisions of Clause 7 hereof, unless specified otherwise (please see
additional terms and conditions for Infolient Broadband Basic without modem
package and Infolient Broadband In-A-Box package attached hereto, as
applicable).
3.
For avoidance of doubt and subject to Clause 8.5
hereof, Infolient shall not be responsible or liable for any problem arising
between Telekom Malaysia Berhad
as the telephone line providers and the Customer that may affect the
availability of the Service. If there should be any interruption or termination
of the Customer’s fixed telephone line account by Telekom
Malaysia Berhad as the telephone providers, this will
affect the availability of the Service and the Service may be terminated by
Infolient.
7. Installation & Account Activation
7.1 Unless otherwise arranged or provided to the Customer, Infolient
and/or it’s appointed contractor shall fix an
appointment date with the Customer for installation of the Service at the
Designated Address by Infolient and/or its appointed contractor, subject to the
Customer confirming the readiness and availability of all the following basic
equipment required for the Service:
i.
Telephone line through Telekom
ii.
AC power supply for Infolient Broadband modem;
iii.
Hubs, Routers, Servers (for Networking purposes);
iv.
Internal wiring;
v.
Personal computer (with
vi.
DSL Modem (if modem is not leased from Infolient as
part of the package subscribed);
vii.
Approval in writing of the developer or building
management corporation or the building owner, in the event that the Customer’s
premise is located at the high rise building that need the said approval for
the installation of the Service; and
viii.
Any other requirement as Infolient may notify to
the Customer from time to time.
7.2 Upon Infolient’s satisfaction that the Customer
is ready with all the basic equipment required for the Service as specified in
clause 7.1 above, Infolient and/or its appointed contractor shall confirm the
appointment date and Infolient and/or its appointed contractor shall carry out
the installation of the Service at the Designated Address within twenty four
(24) hours from Infolient’s confirmation thereof, at
such time as may be agreed by the Parties.
7.3 In the event that the Customer is not ready with the basic equipment
as required in clause 7.1 above, INFOLIENT may at its sole discretion allow the
Customer to defer the installation date for a period of fourteen (14) days. If
after such fourteen (14) days period, the Customer is still not ready with the
basic equipment, Infolient may in its absolute discretion cancel the Customer’s
registration for the Service, unless the Customer submits a request in writing
to Infolient within the said fourteen (14) day time frame to further defer the
installation date for the Service and Infolient approves the same. Any such
cancellation of the Service shall be at the Customer’s own cost. The Customer
may reapply for the Service subject to availability of the Service at the
relevant point in time.
The User Account and the Service will be activated automatically by
Infolient after seven (7) days from the Service registration date without
notice to the Customer and the fees for such Service shall become due and
payable to Infolient upon such Activation Date. The Customer is solely
responsible for ensuring that the Infolient Broadband is properly installed at
the Designated Address prior to such Activation Date. In the event that the
Infolient BroadBand package is couriered to the Customer then the User Account
shall only be activated automatically after ten (10) days from the Service
registration date without notice to the Customer. For Customers of the
Infolient Broadband without modem package or Infolient Broadband In-A-Box
package, clauses 7.1, 7.2 and 7.3 hereunder will not apply.
8. Fees
8.1 The fees for the Service shall be at the applicable rate indicated
in the Application Form or such rates as may be prescribed and informed to the
Customer by Infolient from time to time.
8.2 Except as otherwise provided in this Agreement, payment of the fees
for the Service shall be payable in advance from the Activation Date. The
Customer shall be liable for and shall promptly pay to Infolient, within the
time period specified in Infolient’s bill for the
Service, all charges, fees, rentals, costs or other amounts whatsoever as shown
in Infolient's bill, notwithstanding that the
Customer may dispute the same for any reason(s) whatsoever.
8.3 In the event of suspension or termination of the User Account at any
time during the Minimum Subscription Period, except where such termination
arises from Infolient’s breach or fault or an event
of Force Majeure, then the Customer shall be liable
to pay to Infolient all fees for the Service outstanding to Infolient from the
date of such suspension or termination until the end of the Minimum
Subscription Period.
8.4 In the event that the telephone line used as a medium to connect to
the Service is disconnected for any reason whatsoever, the Customer shall
continuously be responsible to pay the monthly subscription fee for the
Service.
9. Payment
9.1 In the event the amount stated in Infolient's
bill or any part thereof remains unpaid after the due date, Infolient reserves
the right to charge the Customer interest on the sum that emains
unpaid as aforesaid at the rate of 1.5% per month to be calculated from the due
date to the date of full payment.
9.2 The billing date will commence from the Activation Date.
9.3 Infolient will issue the bill on monthly basis and the Customer is
obligated to do reasonable inquiry in the event that he has not received the
bill within the expected period. The Customer hereby acknowledges that
non-receipt of any statement of account, bill, statement or any correspondence
in relation to the Service subscribed shall not be a valid reason for the
Customer to withhold or delay any outstanding payments to Infolient for the
Service.
10.
Alteration/Modification/Restoration/Investigation
Any alteration/modification/restoration/investigation to the Service or
Service configuration, and/or relocation of the Service based on the Customer's
request is chargeable to the Customer at a rate as specified in the Application
Form or any other rate as may be specified by Infolient from time to time.
11. Change of
Service Package Plan
The Customer is not allowed to downgrade the Service package during the
Minimum Subscription Period. Any request by the Customer for upgrades or
downgrades of his Service package plan after the Minimum Subscription Period
shall be subject to Infolient’s written approval
which consent shall not be unreasonably withheld. For any allowable upgrades or
downgrades as aforementioned, installation, activation and any other applicable
fees will be charged to the Customer at a rate specified by Infolient from time
to time. The Customer may request for upgrades of his Service package plan at
any time during the Term of this Agreement subject to the upgrade rate as may
be prescribed by Infolient. For the avoidance of doubt, in the event of
termination of the Service before the expiry of the Minimum Subscription Period,
the Customer shall be liable to pay the upgrade rate of Service fees for the
remainder of the Minimum Subscription Period.
12. Customer's
Responsibilities
12.1 The
Customer shall:
i.
be responsible for the set-up or configuration of
his own equipment for access to the Service;
ii.
ensure his readiness for installation of the
Service on the appointment date in accordance with Clause 7 hereof;
iii.
comply with all notices or instructions given by
Infolient from time to time in respect of the use of the Service;
iv.
be solely responsible for obtaining, at his own
cost, all licences, permits, consents, approvals, and
intellectual property or other rights as may be required for using the Service;
v.
comply with the rules of any network to which the
Customer has access through the Service;
vi.
comply with and not contravene any and all
applicable laws and regulations of
vii.
be solely responsible for all information
retrieved, stored and transmitted by the Customer through the use of the
Service;
viii.
obtain Infolient 's prior approval before making
any changes to the network configuration and interconnecting the private
network to any public network;
ix.
be responsible for ensuring that the Customer’s
personal computer is equipped with network card;
x.
provide basic infrastructure for installation of
the Leased Equipment including but not limited to internal wiring and in the
event that the Customer is not leasing the Leased Equipment from Infolient, the
Customer shall be responsible for purchasing the equipment at his own cost to
enable connectivity of the Service;
xi.
pay and settle all fees and any other charges due
to Infolient in accordance with this Agreement;
xii.
abide and adhere to the terms and conditions of
this Agreement; and,
xiii.
be responsible to
maintain in good condition any Leased Equipment by Infolient. In the event any
of the Leased Equipment is faulty, lost or damaged due to any fault or
negligence of the Customer, the Customer will have to bear the cost of the
Leased Equipment according to its depreciated value that shall be determined by
Infolient.
13. Prohibited Use
13.1 The Customer shall:-
i.
not use the Service for any unlawful purpose
including without limitation for any criminal purposes;
ii.
not use the Service to send unsolicited electronic
messages or any message which is obscene, threatening or offensive on moral,
religious, racial or political grounds to any person including a company or a
corporation;
iii.
not compromise or infect any systems with computer
viruses or otherwise;
iv.
not infringe any intellectual property rights of
Infolient, its related companies and subsidiaries or any third party;
v.
not gain unauthorised
access to any computer system connected to the Internet or any information
regarded as private by any person including a company or corporation;
vi.
not share the Service with any person including a
company or corporation without the prior written approval of Infolient and
shall use the Service only for the purpose for which it is subscribed;
vii.
not resell or sublet the Service to any third
parties without prior written consent from Infolient; and,
viii.
not use the
Service in any manner, which in the opinion of Infolient may adversely affect
the use of the Service by other Customers or efficiency or security as a whole.
14. Security
and Other Features
14.1 The Customer shall take all such measures as may be necessary to
protect his own system and network.
14.2 The Customer shall be responsible for maintaining the
confidentiality of his passwords, if any, (including without limitation
changing his passwords from time to time) and shall not reveal the same to any
other person. Where user identification is necessary to access the Service, the
Customer shall use only his user identification.
14.3 The Customer shall report to Infolient within twenty four (24)
hours if the User Account, user identification or password is stolen or lost.
Until such report has been made, the Customer shall be responsible for all
transactions and access to the Service using the User Account, user
identification or password by any third party and Infolient shall not be held
responsible for any prohibited and/or unauthorised
use of the Service as provided in this Agreement.
15. Leased
Equipment
15.1 In connection with any
Leased Equipment that may be provided by Infolient for use of the Service the
Customer shall:
(i) take appropriate measures to
safeguard the Leased Equipment;
i.
properly maintain and keep the Leased Equipment at
a safe place;
ii.
adhere to all instructions and notice (written or
otherwise) given by Infolient from time to time regarding the use of such
Leased Equipment;
iii.
be responsible for all costs of repairs incurred in
relation to the Leased Equipment in the event it is proven that any fault in
such Leased Equipment whether by act or omission is caused by the Customer;
iv.
return and surrender the Leased Equipment to
Infolient in the same condition as and when it was first provided to the
Customer, normal wear and tear excepted, upon termination of the Service;
v.
be liable to pay Infolient for any Leased Equipment
which the Customer fails to return or surrender to Infolient upon termination
of the Service;
vi.
not hold Infolient liable in the event that the
Customer’s own equipment and/or other devices is damage due to including but
not limited to floods, fire and lightning strike whilst using the Leased
Equipment; and
vii.
not hold Infolient
liable or responsible in the event that Infolient are unable to replace or
change the Leased Equipment to a similar model or type as the Customer’s existing
Leased Equipment and Infolient reserves the right to replace the Leased
Equipment to any model or type available at the relevant time, at Infolient’s sole discretion.
15.2 In the event of any interruption, loss or unavailability of the
Service and/or any technical faults encountered with the Leased Equipment, the
customer may request for technical support and basic troubleshooting of the
same from Infolient. Upon visiting the Customer’s premises, if Infolient and/or
its appointed contractor determines that such interruption, loss or
unavailability of the Service is not attributable to or caused by any fault in
the Leased Equipment or Infolient’s network, then
Infolient reserves the right to impose charges at the rate as specified in the
Application Form or any other rate as may be prescribed by Infolient from time
to time for the visit to the Customer’s premises.
16. Customer’s
Equipment Installation
16.1 The Customer shall
prepare all applicable Customer’s equipment at the
Designated Address in accordance with Clause 7 herein and/or any other
specifications Infolient may provide to the Customer in relation to the
Service. The Customer shall further ensure that the said Customer’s equipment are
in good condition and has proper set-up for purposes of installation of
additional configuration and installation of software to the said Customer’s
equipment by Infolient.
16.2 The installation of the configuration and software for the
Customer’s equipment can be conducted by the Customer themselves as per Infolient’s guidelines. The Customer acknowledges that such
installation shall be at the Customer’s own risk.
16.3 In the event that the Customer’s premise is located at the high rise
building that need the approval of the developer or the building management
corporation or the building owner for the installation of the Service, as the
case may be, the Customer shall ensure that he has obtained such consent to
enable Infolient and/or its appointed contractor to do the installation without
any disruption.
16.4 Infolient shall not be
liable in any way whatsoever for any loss or damage to any property or injury
to any person howsoever caused, whether negligent or otherwise arising out of
any installation and/or configuration where such task is conducted by the
Customer.
16.5 Infolient and/or its appointed contractor shall not be liable or
responsible for any technical problem, loss, interruption or unavailability of
the Service, or other loss or damage suffered by the Customer which arises from
or is caused by the Customer’s equipment, whether connected to Infolient
equipment or otherwise.
16.6 In the event the Customer requests for Infolient’s
appointed contractor to conduct further technical investigation for the purpose
of identifying and/or rectifying any problem arising from the Customer’s equipment
and Infolient’s appointed contractor agrees to render
such assistance, Infolient will not be involved or responsible for any fees or
charges for such additional support services which Infolient’s
appointed contractor may impose on the Customer. Infolient shall not be liable
or responsible for any loss or damage suffered by the Customer howsoever
caused, whether negligent or otherwise arising out of the provision of
additional support services to the Customer and/or in relation to the
Customer’s equipment by any appointed contractor.
17. Lawful
Purpose
The Customer shall only use the Service for lawful purposes.
Transmission of any material in violation of any international, federal, state
or local laws or regulations is prohibited. These include, but shall not be
limited to copyrighted material, material legally judged to be threatening or
obscene, pornographic, profane, or material protected by trade secrets. These
also include links or any connection to such materials.
18. Suspension
of Service
18.1 Without prejudice to any other rights or remedies and notwithstanding
any waiver by Infolient of any previous breach by the Customer, Infolient may
suspend the Service for a period determined by Infolient in its sole discretion
in the event that:
i.
any fee and/or payment due hereunder for the
Service provided is not settled in full on due payment date;
ii.
in the event the Customer fails to comply with the
terms of this Agreement;
iii.
any scheduled or
unscheduled outages occur which cause interruption to the Service, including
but not limited to maintenance of Infolient’s
equipment or systems.
18.2 In the
event of any suspension of the Service by Infolient in accordance with Clause
18.1(i) and Clause 18.1(ii) hereof, Infolient may if
it deems appropriate at it sole discretion and upon such terms, as it deems
proper reconnect the Service, in which event the Service and this Agreement
shall continue in effect as if the Service had not been suspended. Infolient
shall have the right to impose on the Customer a reconnection fee at a rate as
specified by Infolient from time to time.
18.3 For the avoidance of doubt, the abovementioned suspension exercise
shall not prejudice the right of Infolient to continuously bill the Customer
for the subscription fees and/or recover all other charges, costs, and
interests due and any other incidental charges incurred during the period of
suspension. In the event of non-payment by the Customer and subsequent
suspension of the Customer’s Service by Infolient, the Customer will still be
liable to pay the fees for the Service during the period of suspension. Further
where the Customer defaults in payment, Infolient may at its discretion charge
the Customer a reconnection fee for the Service at the rate stated in the
Application Form or any other rate as may be prescribed by Infolient from time
to time.
19. Change of
Customer’s Details
The Customer undertakes to inform Infolient of any change of the Customer’s
information provided earlier to Infolient within fourteen (14) days of such
changes. Failure by the Customer to notify Infolient of such changes shall be a
waiver of the Customer’s right including the right to be notified under this
Agreement as the case may be.
20. Termination
20.1 Without prejudice to any other rights or remedies of the parties
under this Agreement or at law, either party may terminate this Agreement, in
the event:
(i) the other breaches any term, condition,
undertaking or warranty under this Agreement and such breach shall remain unremedied for a period of thirty (30) days after receipt
of the written request to remedy the same;
(ii) the other becomes bankrupt or enters into any composition or
arrangement with or for the benefit of creditors or either party or allow any
judgment against either party to remain unsatisfied for the period of
twenty-one (21) days; or,
(iii) any event of Force Majeure
occurs as specified in Clause 31 hereof, which continues for a period of more
than sixty (60) days.
20.2 Without prejudice to any other rights or remedies of Infolient
under this Agreement or at law, Infolient may terminate this Agreement by
giving the Customer fourteen (14) days notice, in writing, if the Customer:
(i) fails to comply with Infolient’s
policy(ies) and/or instruction(s) communicated to the
Customer, in writing; or,
(ii) is in breach of any provision under Communication and Multimedia Act, 1998
or any other rules, regulations, by-laws, acts, ordinances or any amendments to
the above.
20.3 Notwithstanding the above, Infolient may terminate the Service
under this Agreement immediately, without penalty, if:
i.
the Customer fails
to make payment of fees, Charges and/or any sum due to Infolient within the
stipulated time. Notwithstanding the termination by Infolient, the Customer
shall remains liable for all fees due and owing to Infolient during the Minimum
Subscription Period.
ii.
the Customer fails to comply with the terms of this
Agreement, and Infolient, in its sole discretion is of the opinion that such
breach shall not be tolerated and shall not fall under provision of Clause 20.1
(i) above; and/or,
iii.
the Customer
provided false or incomplete information to Infolient.
20.4 Such termination, as hereinbefore mentioned in Clauses 20.2 and
20.3, shall not prejudice the right of Infolient to recover all charges, costs,
and interests due and any other incidental damages incurred thereto.
20.5 Subject to Clause 4 and clause 8.3 aforementioned, this Agreement
may be terminated by either party upon thirty (30) days written notice to the
other party.
20.6 Upon termination of the Service or the Agreement, all monies owing
by the Customer to Infolient shall immediately become due and payable and the
Customer shall upon demand by Infolient settle all amounts within the time
stipulated by such demand. The Customer shall forthwith return the Leased
Equipment (if any) to Infolient in a good condition (fair wear and tear
excepted).
20.7 Any fee and/or charge paid by the Customer to Infolient pursuant to
this Agreement shall not be refundable upon termination of the Service by the
Customer.
20.8 Infolient shall not be liable to the Customer for any claim for
damages or costs of any nature whatsoever arising out of discontinuance of the
Service or termination or expiration of this Agreement in accordance with its
term including but not limited to any claim for loss of profits or prospective
profits or for anticipated loss.
21. Disclaimer
21.1 The Service is provided on an "as is" basis. Infolient
makes no warranty of any kind, either expressed or implied, and expressly
disclaims all implied warranties, including, but not limited to warranties of
accuracy of the Service and/or the Leased Equipment for a particular purpose of
the Customer.
21.2 Infolient shall not be liable to the Customer for any direct and
incidental loss, cost, claim, liability, expenses, demands or damages
whatsoever (including any loss of profits, loss of savings or incidental or
consequential damages), arising out of the Customer’s failure or inability to
use such Leased Equipment provided by Infolient hereunder. Infolient’s liability (if any) is limited to restore and if necessary to replace the Leased
Equipment if Infolient decides that the Leased Equipment is not in working
conditions or faulty not due to the Customer’s act or omission.
21.3 Infolient shall not be liable in the event that the Customer’s own
equipment and/or other devices is damage due to Force Majeure Event including but not limited to floods, fire and
lightning strike while using the Service. Infolient’s liability (if any) during installation and/or restoration of any reported
faulty of the Leased Equipment shall not cover the wiring or cabling connecting
the Leased Equipment or the Customer’s equipment and the building management
corporation or the building owner power house.
21.4 Infolient shall not be liable to the Customer for any loss or any
damages sustained by reason of any disclosure, inadvertent or otherwise in any
information concerning the User Account particulars.
21.5 While every care is taken by Infolient in the provision of the
Service, Infolient shall not be liable for any loss of information howsoever
caused whether as a result of any interruption, suspension, or termination of
the Service or otherwise, or for the contents accuracy or quality of
information available, received or transmitted through the Service.
21.6 The Customer shall be solely responsible, and Infolient shall not
be liable in any manner whatsoever, for ensuring that in using the Service all
applicable laws, rules and regulations for the use of any telecommunications
systems, service or equipment shall be at all times complied with.
22. Indemnity
22.1 The Customer undertakes and agrees to indemnify, save and hold
harmless Infolient at all times against all actions, claims, proceedings,
costs, losses and damages whatsoever including but not limited to libel,
slander or infringement of copyright or other intellectual property rights or
death, bodily injury or property damage howsoever arising which Infolient may
sustain, incur or pay, or as the case may be, which may be brought or
established against Infolient by any person including a company or corporation
whomsoever arising out of or in connection with or by reason of the operation, provision
or use of the Service and/or equipment under and pursuant to this Agreement and
which are attributable to the act, omission or neglect of the Customer, his
servants or agents.
22.2 Infolient shall use its best endeavours
to ensure the continuity and efficiency of the Service at all times but shall
not be liable for any loss, damage, consequential or otherwise, arising out of
any failure of the Service caused unless such default, error, omission or loss
is due to the willful neglect or fault of Infolient. Notwithstanding the aforementioned,
the extent of Infolient’s liability shall be limited
to correcting the failure of the Service only.
23.
Confidential Information