1. Scope

This Terms & Conditions apply to all customers ( hereinafter referred to as the "Customer" ) with purchases of services from SimulWifi SDN BHD ( hereinafter referred to as " Simul " ), including the internet service, pocket WiFi device, charger, USB cable and other related products ( hereinafter referred to as the " Simul’s Services " ).

This Terms & Conditions have been set out in English. It is understood that in the event of any discrepancies between the two versions, the English version shall prevail.

2. Amendment of Terms and Conditions

(a) Amendments can be made after the establishment of this Terms & Conditions at any time without prior notice.

(b) Simul reserves the right to refuse the supply of Simul’s Services. All provision of Simul’S Services must comply with this Terms & Conditions, and be read and fully agreed by the Customer prior to the execution of booking summary in relation to the purchase of Simul’s Services.

(c) Simul may at any time carry out necessary maintenance to its Simul’s Services to ensure the quality of service to all customers.

3. Fair Use Policy

(a) To ensure that all Customers with Simul’s Services receive equitable services at all times, a Fair Use Policy has been established with each national telecommunications provider. Upon excessive usage, the telecommunications providers may, at any time, cease, suspend or alter the network quality, where Simul shall not intervene. During peak periods,( ie, concurrent use of network resources by a larger number of users ) , your mobile data experience may be intermittently affected , which shall be alleviated once the usage returns to normal .

(b) The Customer agrees to the Fair Use Policy in a fair manner while utilizing Simul’s Services. Simul shall consider it a breach to the Fair Use Policy should the Customer or a third party intentionally exceeds the normal usage as described in (5).

4. Limitations of Services

(a) The use of Simul’s Services is only eligible and limited within the country or region specified as per the booking summary. Should the internet service be used outside of aforementioned countrie(s) or region(s), any costs incurred from such use would be the sole responsibility of the customer, with an additional RM100 administrative fee.

(b) Video Downloads, Video Streaming, Online Gaming, Video Calls and other high-data usage activities are strictly forbidden with the use of Simul’s Services. Any costs incurred through these activities would be subject to charges after exceeding the daily usage limit as described in (4).

(c) Simul’s Internet provider’s generally have good coverage within the local country, however, may vary according to each national telecommunications provider’s systems ( including services and systems beyond Simul’s control), especially at remote areas. Simul does not guarantee the continuity and stability of the Internet services.

5. Application and Contract Establishment

Customer shall complete the application process in accordance with the procedures prescribed by Simul, and through the acceptance of the Company (or an agent designated by the company) agreed to the application. The contract would then be established once the payment as requested after order confirmation is paid in full.

Rental of service devices are from Simul’s specified network operators and/or vendors and cannot be changed (devices have pre-set settings).

Should deposits or credit card guarantees have been received along with the contract, deposits will be returned upon return of the Simul’s Services. Should Simul fail to provide specified Simul’s Services as per the booking summary due to the lack of inventory or other matters, the deposits and rental fees received by Simul shall be fully refunded to the Customer, but no additional compensation will be made.

6. Device Collection and Return

Customers must fill in the preferred delivery method as specified in the application form. Should Simul not be able to deliver the goods in accordance to methods requested, alternative arrangements will be made with the Customer, and no compensation will be made in such cases.

Should the preferred delivery method not be specified by the Customer in the booking summary, and that the Customer cannot be contacted, Simul will assume for the devices to be picked up at Simul’s counter location L2-16 at KLIA2 international aiport, Sepang.

Upon the return to Malaysia , the Customer shall, in accordance with the return method and the time limit as specified in the application form, return the service devices to Simul. Should the Customer fail to return the devices before 6 p.m. (1800) the day after their arrival, Simul shall impose a 1.5 times day charge as per the daily rental fee [J1] until Simul’s Services have been returned in good condition.

7. Rental Period

The rental fee is calculated from the date of departure to the date of return. In principle, the maximum rental period is 30 days. Should the Customer wish for the rental period to extend beyond 30 days, prior agreement should be sought from Simul.

Should problems occur with the Simul’s Services, leading to the failure of usage during the rental period (i.e.travel period), the Customer shall contact Simul at once through the service hotline to temporarily suspend the service fees. Any costs incurred due to the failure of notice to Simul by the Customer under these circumstances (i.e. only notify Simul of the problems incurred after arrival back to Malaysia), then Simul reserves the right not to make any cost adjustments held responsible for.

8. Cancellations

Should the Customer wish to cancel their booking after the fees have been paid, the following administrative charges will be applied when cancellation request is received:

With more than seven (7) days prior to the departure date, a 30% rental fee will be deducted and the rest of the payment refunded.

Within seven (7) days prior to the departure date, a 50% rental fee will be deducted and the rest of the payment refunded.

No refund will be made once the Simul’s Services have been delivered to or picked-up by customer. Only refundable security deposit will be refunded upon return of wifi device package.

9. Prohibitions

Customers are prohibited from the following and are responsible for the actions of the use of Simul’s Services.

(a) the interference or threatening of network operators’s networks ;

(b) in any way to send or upload any obscene , offensive , abusive , threatening , harassing or threatening content ;

(d) distribute any tool , that can harm or damage or interfere with any network facilities or services, or normal operation of the security features ;

(e) distribution of unsolicited commercial messages or content ;

(f) any actions that may be unlawful, fraudulent , improper , unauthorized , harassing, discriminatory , defamatory, abusive, threatening , harmful, vulgar, obscene or otherwise objectionable purposes ;

(g) actions that may damage Simul or SimulWifi’s reputation;

(h) actions that may encourage criminal offense, civil liability , or any other violation of applicable law ;

(i) actions that may transform, decompose, damage , alter settings, or cause other equipment malfunction or altering the appearance of the device ;

(j) the sublease, transfer, pledging for a third party or other violations of Simul ownership ;

10. Disclaimer

(a) Customers using smartphones should ensure that Data Roaming function on their phones are switched off, where they can subsequently connect to the internet through the phone’s WI-FI capabilities to Simul’s Services. Simul will not be held responsible for any data roaming charges incurred to the Customer due to their failure to turn off their personal device’s data roaming function.

(b) Simul shall not be held responsible for any damages and losses incurred due to errors with the local telecommunications provider.

(c) Simul will not be responsible for the failure to access the internet using Simul’s Services as a result of the users smartphone error and/or settings which failed to provide Internet services.

(d) The company takes no responsibility if the user through inappropriate, careless use or misplaced the Internet devices leading to short-circuit or fire, which causes any casualties and losses to the user as a result, the Company advises the user to pay attention and use the device with care.

11 Personal Information Statement

Customers must ensure that information provided to Simul is up to date, complete and accurate in all respects.

In view of the purpose of the Personal Data Protection and Privacy Policy, the Company will comply with the obligations and requirements of the policy, proper handling and management of personal data of the user, on its Internet equipment service sales, promotion, registration, collection and management, and may not be used for purposes other than the above purpose.

12 Goods & Services Tax (GST)

With effect April 1, 2015, a 6% GST will be applied to all products & services sold. Simul reserves the right to reject any booking if customer refuse to pay for the applicable taxes.