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Customers hereby agree as follows:
Customers pursuant to the term and conditions set out in this agreement. Subject to customer placing order and Cfoni accepting such order pursuant to the terms and condition set forth in this Agreement.
2. Commencement of Services
This agreement commences on the Effective Date and will continue for the Term or unless other terminated as allowed by this agreement.
3. Permitted Use of Services
3.1 Customer acknowledges and agrees that Cfoni provide the VoIP service for customer’s sole use at customer’s premises. Customer should be inform in written, should there be any changes in customer’s address failure to do so can result in suspension of client’s services.
3.2 Customer agrees to use, and shall require all third parties with access to the VoIP services, to use the VoIP service:
(a) In accordance with all terms of this agreement; and
(b) In compliance with all laws, regulations or industry codes, as they apply during the Term; and
(c) Customer must not supply this VoIP service for re-sale or re-supply to third parties.
(d) If Customer want to share using VoIP for different company, customer must provide company registration form for Cfoni. Besides that, those company must be related or under the same director.
4. Payment of Fees
4.1 Customer agrees to pay all Fees, taxes, charges and other fees imposed by government or regulatory bodies for the Services on receipt of Cfoni Invoice
4.2 Customer shall be liable in full for all charges relating to its use of the Services, without deduction for any reason, including without limitation any alleged unauthorized or fraudulent use of the Services.
4.3 Customer shall be aware that payment of fees is yearly prepaid method.
4.4 Customer shall be aware of package payment term which is pay before use basis. Subscription fee shall be payable one lump sum in advance to Cfoni for the entire 12 months or 24 months or 36 months period. Validity period for relevant Yearly Subscription Fee paid shall be 12 months or 24 months or 36 months from the date of activation. Activation shall be within one (1) business day from date of activation.
4.5 Customer shall be aware of hardware product payment is one time cost and once the payment done, Cfoni will then proceed to make order and delivery take 1 to 2 weeks’ time.
4.6 Customer can view their billing and account information online at Cfoni Customer Panel. There shall be no physical dispatch of bills to customer. Customers are allowed to download their bill at Cfoni Customer Panel, if customer need hardcopies of bill they need to print it by themselves.
4.7 Mode of payment by customers Online payment in favour for Cfoni, Cfoni provides customer multi ways to make payment via online payment such as PayPal or iPay88 or transaction or offline payment bank in. Customers who do offline payment have to notified via email to Cfoni or attach bank in slip to customer panel.
5. Termination of Agreement
5.1 Neither party may terminate this agreement prior to expiration of the initial Term except in accordance with section 5.2 or 5.3.
5.2 Notwithstanding section 5.1 Cfoni may suspend delivery of the Services during the Term if Customer is in default of its obligations.
5.3 Cfoni reserves the right to terminate or suspend any part of or all of the Services under the Customer’s Account with immediate effect in the event:
(a) The customer breaches any terms of this agreement
(b) The customer becomes bankrupt or insolvent or a bankruptcy petition is filed against the customer, the customer is suspected of creating imminent physical harm (such as interruption, disruption or congestion) to Cfoni services.
(c) The Customer is suspected of fraud or using or allowing the Services to be used for fraud, or other illegal or improper purpose.
(d) Any authority or regulatory body notifies, instructs and/or requires Cfoni to stop providing the Services. Cfoni take action upon the Customers breach or default shall not prejudice Cfoni legal rights to recover all charges costs and interest.
(e) Due and any other incidental damages incurred thereto.
5.4 Customer may terminate this Agreement during the Term if Customer does not agree to any revised provided by Cfoni, or if the VoIP Service is amended or revised as allowed by this Agreement. If Customer elects to terminate the Agreement pursuant to this section, Customer shall provide Cfoni with written notice and such termination shall take effect within thirty (30) days of Suppliers receipt of such notice.
5.5 At termination of this Agreement, for any reason, Customer will remain liable for all Fees, taxes, other charges and all other amounts that are outstanding, and that all such Fees, taxes and other charges shall immediately be payable in full to Supplier at termination.
5.6 At expiration of the initial Term of this Agreement, and unless cancelled by either party, the Term of the Agreement shall be extended for additional thirty (30) day periods until terminated by either party on provision of thirty (30) days notice in writing to the other party.
5.7 In the event of early termination before completing the 12 months or 24 months or 36 months period, all sums already paid by customer shall be forfeited and there will be NO any refund.
6. Change of Service Package Plan
6.1 The Customer may not request to upgrade or change the package plan during the minimum Contract period subject to the rates and terms and conditions as may be prescribed by Cfoni.
6.2 Any request to modify the existing package plan may be made by submitting a Modification letter or any other forms as may be prescribed by Cfoni. Cfoni reserves the right to accept or decline the Customers request for such modification.
6.3 Upon acceptance of the request for any modification by Cfoni, the Minimum Contract period shall re-commence on the date the package plan is modified and activated by Cfoni and shall be extended accordingly for twelve (12) months thereafter and this shall be the new Minimum Contract Period.
6.4 Cfoni does not allow downgrading of any package plan.
7.1 For renewal, Cfoni reserves the right to retain or make adjustments to package plan pricing accordingly.
7.2 Renewal should be made within 14 days before the package plan service date expires. Failure to do so will result in package being unavailable to the subscriber should it be taken up by others.
7.3 To ensure undisrupted Cfoni service, renewal of basic plan purchased is significant.
7.4 For DID numbers, Special DID, VIP DID and also Golden DID annual fee is RM60. First time charges apply ONE TIME ONLY.
7.5 Domain name is free for the first year and .COM only. Subscribers will be charged accordingly for the subsequent year.
8. Airtime Top Up
8.1 Airtime credit add on is a compulsory with purchases of any package/plan.
8.2 Validity period for airtime credit is 6 months upon purchase.
8.3 Your account balance will carry over if you top up your account before the current account balance expires. The existing unused account balance will carry over to the new expiration date of the most recent airtime purchase.
8.4 Your service will be suspended if you fail to top up airtime once expires.
9. Compliance with Government and Industry Regulations
9.1 Telephone Numbers Customer acknowledges and agrees that the VoIP Service is subject to changing government and industry regulation, and that Cfoni maybe be required to amend the VoIP Service from time to time to conform to such changes including but not limited to :
(a) Cfoni may issue telephone numbers and other features for the VoIP Service to Customer and may change such numbers and features in accordance with any government scheme at any time during the Term.
(b) Customer agrees that the selection and use of telephone numbers and other by industry bodies and Customer agrees to comply with all government and regulatory requirements that affect the VoIP Service.
(c) Customer shall not transfer or port or otherwise move any telephone number provided by Cfoni to any other telecommunications service provider without Cfoni prior written permission which shall not be unreasonably withheld.
10. Service and Service levels
10.1 Customer agrees that Cfoni may modify the VoIP Service and the VoIP Service Levels from time to time.
10.2 Customer acknowledges that the VoIP Service may rely upon the operation of third party networks operated by third party services provided by other Network Service Providers (such as the Customer’s Internet service)
10.3 Customer further acknowledges that Cfoni is unable to guarantee the operation of or the use of the VoIP Service through third party supplier networks or other third party carriers and Network Service Providers. Any failure of the VoIP Service Caused by a third party network or third party service is beyond the control of Cfoni, and Cfoni will not be responsible to, or liable to Customer, for any such failures.
10.4 Customer acknowledges and agrees that Supplier does not warrant, and has not represented, that the VoIP Service is or will be free of errors, defects or interruptions, or that it will be available at all times.
10.5 Customer acknowledges that Supplier is required to supply certain Customer information to regulators for their purposes including but not limited any public number allocated, Customer’s name and address, location of the VoIP Service being provided and the purpose of use.
11.1 Without limiting Suppliers Service Level obligations to Customer, Customer agree that Supplier may from time to time; conduct maintenance on and of the network and infrastructure through which the VoIP Service is provided. Cfoni will try to conduct such maintenance outside Suppliers usual business hours, but Customer acknowledges that it may not always be possible for Cfoni to do so and Cfoni shall not be liable for any interruptions in the VoIP Service Level during such maintenance operations.
11.2 Customer agrees that Cfoni will not be responsible for rectifying any fault in the VoIP Service if that fault arises in or is caused by a network or infrastructure of another supplier of telecommunications services, Customers own equipment or any other infrastructure, equipment or facilities that are outside Cfoni’s reasonable control or responsibility.
12.1 The Customer shall be responsible for maintaining the confidentiality of own passwords, if any (including without limitation changing his passwords from time to time) and shall not reveal the same to any other person. The Customer shall report to Cfoni within 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 Services using the user account, user identification or password any third party and Cfoni shall not be held responsible for any prohibited and/or unauthorized use of the Service as provided herein.
13. Limitation of Liability
13.1 To the extent allowed by law, VoIP Service and any equipment provided by Cfoni are provided “as-is” and Cfoni takes no responsibility for any loss of Customer data or inability to make / receive a voice call or any act of god, fire, war, terrorism, natural disaster or like occurrence for the loss of Customer data or service.
13.2 Cfoni shall be under no liability to the Customer in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this agreement or in respect of a failure or omission on the part of Cfoni to comply with its obligations under this agreement and whether as the result of any negligent act or omission of Cfoni.
13.3 The Customer shall not hold Cfoni, its officer, employees, providers and agents liable for any damages or losses arising from network downtime or suit or proceeding brought against Cfoni or its employees, officers, or agents by any person or Customer in respect of the transmission by the Customer obligations under this agreement and any unlawful act or omission by the Customer.
Notices or invoices or communication sent from Cfoni to the Customer will be sent by email to the customer address, and customer also able to upload or view the notices and invoices in Cfoni Customer panel.
15. Binding on Successors
This agreement is binding upon the successors-in-title, executors, administrators, personal representatives and assigns of the Customer and upon Cfoni substitutes and assigns.
Cfoni reserves the right to vary, add and amend the terms and conditions or any part of this agreement including but not limited to the tariffs and package plan at any time and the Customer shall be bound by the such amendments or variations. Notice of such amendments may be given by Cfoni in any manner it deems appropriate. Continuance use of the services by the Customer after such notice is made shall be deemed to be an acceptance to such amendments or variations.
17. Applicable Laws
This agreement shall be bound by the law and courts of Malaysia.
18. Other Conditions
18.1 GST rate will be revised from 6% to 0% with effect from 1st June 2018, Cfoni technologies will not be charging 6% GST for our product and services.
18.2 Customer shall be aware that Softphone Licens fee is applicable in order to use the soft phone application. If Cfoni aware that customer using Softphone without pay for the fee might be suspend services by Cfoni.
18.3 The Fee shall be calculated in accordance with pricing model selected by the Customer. Unless changed by Cfoni from time to time.
18.4 Service will deliver once payment done and require information completed.
18.5 Invoices are due by the due date. If payment is not made by the due date, Cfoni may suspend or refer any outstanding amounts to a debt collection agency without further notice to the Customer.
18.6 The detail of each call charges made using Cfoni VoIP service will be recorded. Customer are able to view and check the call charge on Cfoni Customer Panel, for call to different country there have different call rate, customer able to check the call rate at Cfoni website.
18.7 Voice Recording will be saved for 6 months or 1 year upon customer request and purchase, once after the expiration date voice recording no longer save in the server.
18.8 Installation fee is one time charge is to install for hardware IP Phone onsite, configuration onsite and training onsite, there are not refundable for installation fee under any circumstances unless otherwise agreed upon by the Cfoni in writing.
18.9 Deposit: Cfoni may, at its discretion, notify Customer that Cfoni’s acceptance of Customer application and ongoing use of the VoIP Service is conditional on you paying a deposit (the amount of which will be specified) in advance. The parties agree that the amount of the deposit will be applied by Cfoni, at its absolute discretion, in payment of invoices issued by it, until such time as the amount of the deposit is exhausted. Once the deposit is exhausted, Cfoni may require a further deposit. Once the deposit done, Customer shall make payment for the balance in within fourteen (14) days, there will be 10% charge of the balance amount for penalty if late payment. If the balance payment late more than thirty (30) days the service will be suspend by Cfoni.
18.10 Customer shall be required to furnish a photocopy of Customer’s NRIC (for Malaysian citizens) or Customer’s Passport (for non-Malaysian citizens) and also utility bill to prove that premises are accurate and also if for company use customer must provide company registration form for Cfoni.
Cfoni Technologies Sdn Bhd – 31 May 2018