- Account – means an account opened for the Subscribers with XOX MOBILE (and/or our subsidiaries) subscribing to the Service, where we record your credit, charges and personal details.
- Active – means the point in time when the said Service is activated in the XOX MOBILE System and you may use the Service up to the value of the call credit in your Account and your Account will be maintained until the expiry date.
- Acquiring Bank or Bank – means the authorized banks for financial institutions or other such entity which may be nominated by XOX MOBILE’s Services from time to time for the purpose mentioned below.
- Agreement – refers to these Terms and Conditions.
- Amount Due – refers to the amount Subscribers need to pay to XOX MOBILE
- Approved Use – means the use of your SIM Card for any act we deem legal, official, warranted, approved, sanctioned.
- As is – means no express or implied warranty is provided. Subscribers therefore take the Service at his or her own risk, without recourse against us for the Service’s condition or performance.
- Auto-Debit Service – refers to the method of payment where XOX MOBILE takes from the Subscriber’s Card on a monthly basis, the amount due to XOX MOBILE.
- Barred – means the status of a Subscribers Account where they are able to receive calls and SMS, but are unable to make calls and send SMS.
- Blocked – means the status of a Subscribers Account where they are unable to receive calls and SMS, and are unable to make calls and send SMS.
- Card – refers to the debit or credit card use by the Subscriber to make payment for any amount due to XOX MOBILE.
- Card Issuer – refers to any bank or legal entity which is the issuer of the Card.
- Cardholder – means the lawful and authorized user of the Card whose name is embossed therein and whose signature appears on the Card.
- Content – means information, data, communications, images and sounds, software or any other material contained on or available through the Services.
- Charges – Any amount due to be paid to XOX MOBILE.
- Dealer, Dealers – Refers to authorised BLACK dealers appointed by XOX MOBILE.
- Device, Devices – refers to the mobile device used by the Subscriber to access the Service.
- Form – refers to the template to obtain personal and relevant information from the Subscribers to XOX MOBILE.
- Mobile Data Usage Policy – refers to the Terms and Conditions of a BLACK Subscriber’s usage of the mobile data provided by the Service.
- Mobile Station International Subscriber Directory Number or MSISDN – is a number used for the international identification of mobile phone numbers. The number also includes the country code and a national destination code characterizing the Subscriber’s operator, which is used to track calls to Subscribers.
- Network – means the mobile telecommunications system run by us
- National Registration Identity Card, NRIC – is the compulsory identity card for Malaysian citizens aged 12 and above.
- Pay-per-use – refers to the charges imposed on the Subscriber as and when he uses the Service.
- Plan, Plans – refers to BLACK packages.
- Premium SMS – refers to information or entertainment services or downloads for your Device. It is provided by premium service providers. The premium service provider charges you a fee for the premium SMS which is then billed to your BLACK bill. Premium SMS services usually attract a premium fee – i.e. the fee will be over and above normal SMS charges. Premium SMS services are usually subscription services.
- Principal Terms and Conditions – refers to the terms and conditions agreed by the Subscriberer under the Principal registration form for subscription to XOX MOBILE’s services.
- Promotions – refers to campaigns and contests organised by XOX MOBILE.
- Quota – refers to the monthly Service entitlement of the Subscriber’s BLACK plan.
- Service – refers to BLACK.
- Subscriber, Subscribers, his, her, they, their, you, your, yours – means the person authorised for using the Service subject to the terms and conditions herein and/or an entity of whatsoever description including, but not limited to, a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations of its domicile for the time being in force and which may come in.
- Terminate or Terminated – means a state where the Subscriber will not be able to obtain the same mobile number (MSISDN) or any remaining credit balance or any applicable freebies remaining in the SIM card.
- Terms and Conditions – Refers to these terms and conditions.
- XOX MOBILE, we, us, our, ours, its – means XOX MOBILE Sdn Bhd (813250-K) and its authorized assignees and successors in title.
- XOX MOBILE Online Store – XOX MOBILE’s official online store authorized by XOX MOBILE.
- XOX MOBILE Service Centre, Service Centre – Service centres authorized by XOX MOBILE.
- XOX Self Care, Self-Care – refers to the self-care portal authorized by XOX MOBILE for its Subscribers.
- The Subscriber hereby confirms that he/she is above the age of twelve (12) years, not a bankrupt and have read and understood the terms and conditions stated herein. The Subscriber agrees to be bound and subject to the principal terms and conditions for BLACK (Service) as contained in www.xox.com.my and which may be updated by XOX MOBILE from time to time.
- Subscribers who are below the legal age of eighteen (18) years would require parental consent before subscribing to any BLACK Plans.
- The Terms and Conditions stated herein shall be applicable for all Plans and Promotions as offered or may be offered by XOX MOBILE to Subscribers as part of the Services. The Agreement shall be in force immediately from the date of acceptance by the Subscriber (which is defined by the availability of the Service and usage by the Subscriber). The Subscriber shall refer to the Plans available for registration and the subsidized Device options (if any) offered under each Plan.
- XOX MOBILE reserves the absolute right to rescind any of the privileges accorded to the Subscriber under the Plan(s) or part thereof in the event the registered service is not in accordance with the stipulated eligibility criteria, or is not used in accordance with the Agreement, Plan, or If XOX MOBILE suspects there is any illegal usage or fraud including but not limited to the Service, or part thereof, including but not limiting to selling or reselling of the Services or part thereof without written consent by XOX MOBILE.
- XOX MOBILE and its related subsidiaries or companies shall not be liable to the Subscriber or any third party authorised or claiming on behalf of the Subscriber for any loss, damage, consequential or loss of business, loss of revenue or profits suffered by the Subscriber and or injury caused or suffered by a person and or damage to property whether direct or indirect arising from or due to any act of omission, error, default or delay by XOX MOBILE in relation to the services provided. The Subscriber agrees to indemnify XOX MOBILE against all claims, losses, liabilities, demands, costs and expenses including legal fees which may result or which XOX MOBILE and its related subsidiaries or companies may sustain in connection with or arising from the provision of the services to the Subscriber.
- The Subscriber agrees and undertakes that if the Service is renewed by the Subscriber, or for an extended term with XOX MOBILE shall be made in the form as stated by XOX MOBILE and all such renewal requests shall be sent to the address provided in the Form and/or by fax to the number provided by XOX MOBILE and shall be deemed an original document taken together to constitute the Terms and Conditions. The Subscriber agrees to be bound by its facsimile signature and such facsimile received and acknowledged by XOX MOBILE shall be deemed accepted, binding on the Subscriber from the date of receipt and shall form part of the Agreement.
- The Subscriber agrees and undertakes to be fully responsible for any voice or message or data transmitted by the Subscriber or persons using the Subscriber’s Device(s). The Subscriber agrees to comply with all applicable laws of Malaysia relating to the service, including without limitation to the Communication and Multimedia Act 1998, other acts, statutes, by laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time. The Subscriber agrees to take all reasonable steps to prevent fraudulent, improper or illegal use of the service. The Subscriber agrees to report immediately to XOX MOBILE upon the discovery of any fraud, theft, loss or unauthorised usage or any occurrence of unlawful acts in relation to the Device and Services and agrees to lodge a police report whenever instructed by XOX MOBILE and to give XOX MOBILE a certified copy of such report. XOX MOBILE may extract any message details or personal information of the Subscriber or any data provided by the Subscriber in the event such information is necessary in the event of a suspected and or proven misuse of the service.
- XOX MOBILE and its related subsidiaries or companies or business partners may send you notifications relating to promotional and marketing activities from time to time. The only exception is when XOX MOBILE receives a written notification from the Subscriber requesting XOX MOBILE not to do so.
PROVISION OF SERVICE
- The quality and availability of Service may vary from place to place, and time to time. Service is not fault free and may be affected by factors outside our control, including but not limited to physical obstructions, geographic and atmospheric conditions, radio interference and faults on other telecommunications systems connected to our Network.
- The Network and the Services may from time to time require upgrading, modification, maintenance or other work, which may result in partial or complete non-availability of Service.
- We may vary Content or the technical specification of Service from time to time.
- We will use reasonable endeavours to maintain Content, but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. It is a condition of us allowing Subscribers access Content that Subscribers accept that we will not be liable for any action Subscribers or any other party take in reliance on the Content or the accuracy, completeness or continuous supply of the Content.
- Subscribers are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.
- Subscribers may only use Content in a way that does not infringe the IP Rights of others (Approved Use) and you must comply with all other instructions issued by us regarding use of Content. Subscribers shall not store, modify, transmit, distribute, broadcast or publish any part of the Content other than for an Approved Use. The reselling, copying or incorporation into any other work of part or all the Content in any form is prohibited. Subscribers may print or download extracts of Content for your personal use only.
- BLACK Plans consists of five rate plans – B10, B39, B39 PLUS20, B89, B149 (collectively “Plan(s)”).
- The Quota of each Plan:
- Each Plan offered by XOX MOBILE is subject to eligibility guidelines and additional terms (if any) as may be stated herein.
- The Quota and Charges of the Plans may vary from time to time during the Subscriber’s usage of the Service. The Subscriber consents to the changes of the Plan Quota and Charges by the continuous usage of the Service by the Subscriber.
- The Subscriber shall upon signing up acknowledges to have read, understood and accepted the Terms and Conditions of the Service which the Subscriber has selected and subscribed for, which includes without limitation to the usage charges, guidelines and Device options.
- The Subscriber agrees to pay at the point of registration a sum as pre-payment equivalent to the Plan subscribed. The Subscriber further agrees that no interest shall be paid by XOX MOBILE for the pre-payment made and the pre-payment made shall be used to charge the first month usage Charges due and payable by the Subscriber to XOX MOBILE.
- One (1) Subscriber can only register a maximum of five (5) SIMs under single user National Registration Identity Card (NRIC)/Passport. Malaysian citizen is required to register using NRIC or passport only.
- Participation by the Subscriber in any Plan introduced or as may be introduced by XOX MOBILE during the current subscribed term shall be subject to the absolute discretion of XOX MOBILE. Subject to the terms and conditions contained herein and in the Agreement any written request for services including without limitation additional services from the Subscriber whether by way of a mail, letter or fax addressed to XOX MOBILE and written or executed by the Subscriber or Subscriber’s authorised agent shall be deemed to be valid and binding and shall form part of the Agreement. The Subscriber shall be deemed to have formally and unequivocally consented to all such requests for service and accepted the Terms and Conditions as and when such request is accepted and processed by XOX MOBILE or when the service has been put to use by the Subscriber. It is the liability of the Subscriber to update the names of its authorised agent or personnel from time to time in the Form provided by XOX MOBILE.
MOBILE NUMBER PORTABILITY (MNP) – PORTING IN TO BLACK
- You confirm and agree that:
a. The Mobile Number Portability request may be subject to a non-refundable porting fee;
b. Only active Mobile Number are eligible for porting in to BLACK. Mobile Number which have been suspended, terminated, blacklisted on XOX database and/or barred will not eligible for Porting.
c. You are allowed Port from prepaid to postpaid Service(s) and vice versa. However, you agree and accept that all Porting requests are subject to our terms and conditions for new registration.
- Subscribers may port-in to BLACK via XOX MOBILE Online Store, at any XOX MOBILE Service Centres or with an authorised BLACK dealer. Upon activation of a SIM card, the pre-payment of the selected Plan must be made and only then will the status of the SIM card will be updated to an Active status.
- We are not responsible for any period of outage of Subscribers’ Service(s) or any related ancillary Service(s).
MOBILE DATA USAGE POLICY
- XOX MOBILE does not guarantee or warrant the availability of the data usage and the Subscriber(s) acknowledges and agrees that the data usage is provided on an “as is” basis.
- To experience 4G LTE speed, Subscribers must use a 4G compatible device and the data service is used in an area with 4G network.
- here is no Pay-per-use rate for data once BLACK subscribers have utilized all their data in their BLACK account, however, Subscribers may purchase add-ons, Happy Hour promos and Season Pass packages if they need additional data provided that they have sufficient pre-payment or credit in their BLACK account and that their total data in their BLACK account does not exceed 100GB after the relevant purchase.
- Software and applications which are used by Subscribers to send and/or receive, for uploading and/or downloading of files can contain very large amounts of data. These software and applications demand a significantly huge amount of bandwidth which will negatively impact the speed and also cause network congestion. As a result thereof, a vast majority of Subscribers will be affected from degradation of the quality of Service, and as such is deemed as excessive usage. Excessive usage can also be caused by spamming, virus activities, spy wares and/or other malwares which may reside in Subscribers’ Devices. These activities may be known or unknown to Subscribers and normally operates in the background of the Devices’ operations. Therefore, Subscribers must take all precautions and rightful actions to ensure that the above activities are controlled and minimised at all times. XOX MOBILE reserves the right to implement and enforce this Mobile Data Usage Policy at its sole discretion upon occurrence of such activities.
- The data volume calculation shall take into consideration of ALL activities carried out by Subscribers including those knowing or unknowingly done under the Service.
- XOX MOBILE will not cap nor throttle the Subscriber’s data irrespective of which BLACK Plan the Subscriber is using.
- Where data services are provided under the Plan, the Subscriber agrees to be bound by the Terms and Conditions and the Fair Usage Policy available on the website at www.xox.com.my and as may be modified from time to time by XOX MOBILE.
- Subscribers will not be able to use the data service if their account is in Barred and Blocked status. Subscribers may only continue to use the data service once they have paid their bills by the end of the Blocked period.
CALLS USAGE POLICY
- The talktime in minutes allocated with the Plan(s) will be stored in the Subscriber’s BLACK counter. When a Subscriber made domestic calls, the call usage will be taken from the BLACK counter storage on the basis of 30 second charging block.
- Usage on calls beyond the BLACK counter storage or utilized all the talktime in their BLACK account, Subscribers will be charged based on the Pay-per-use (PPU) basis in addition to the applicable monthly plan fee, which is RM0.15/minute based on the 30 seconds block.
- If the Subscriber wants more talktime in BLACK counter storage, they may purchase Happy Hour promos and Season Pass packages. Each successful purchase of Happy Hour promos and Season pass packages, it will automatically be stored in the Subscriber’s BLACK counter. To purchase the mentioned promos, Subscribers need to have sufficient credit or credit extension in their BLACK account.
- Usage of talktime in the BLACK account is not applicable to call to special numbers such as 1300, 1700, 1800, TM100 or any other toll-free numbers, the charging rates for toll free numbers are stated below:
- Subscribers will not be able to use the call service if their account is in Barred and Blocked status. Subscribers may only continue to use the call service once they have paid their bills by the end of the Blocked period.
SMS USAGE POLICY
- The SMS allocated with the Plan(s) will be stored in the Subscriber’s BLACK counter. When a subscriber sends a SMS, the SMS usage will be taken from the BLACK counter storage on the per SMS basis.
- Any SMS usage beyond the BLACK counter storage or upon utilized all the SMS in their BLACK account, subscriber will be charged based on the basis of Pay-per-use (PPU) in addition to the applicable monthly plan fee, which is RM0.10 per SMS.
- If the Subscriber wants additional SMS in their BLACK counter storage, they may purchase Happy Hour promos and Season Pass packages. Each successful purchase of Happy Hour promos and Season Pass packages, it will automatically be stored at the Subscriber’s BLACK counter. To purchase the mentioned promos, Subscribers need to have sufficient credit or credit extension in BLACK account.
- Usage of SMS in the BLACK account are not applicable for sending Premium SMS. Examples of Premium SMS services include, but are not limited to:
ii. Sports scores or highlights
iv. Music clips
v. Mobile wallpaper
- Subscribers will not be able to use the SMS service if their account is in Barred and Blocked status. Subscribers may only continue to use the SMS service once they have paid their bills by the end of the Blocked period.
UNLIMITED CALLS POLICY
- UNLIMITED calls ONLY applies to the Plan B39 PLUS20.
- You acknowledge and accept that, the UNLIMITED calls allocated with the Plan applies to:
a) UNLIMITED calls allocated applies to domestic mobile/fixed On-net (XOX MOBILE to XOX MOBILE calls) & OFF-net usage (calls from XOX MOBILE to other Service Provider) for the Plan. However, the UNLIMITED calls is not applicable to video calls, call to numbers with special numbers e.g. 1300, 1700, 1800, TM100 or any other toll free numbers, prefix number for IDD calls.
b) UNLIMITED calls are for standard person-to-person calls and not for any commercial and/or non-personal usage.
c) UNLMITED calls are not meant for multiple simultaneous calling, conference calling, re-supply, call centre usage, telemarketing, application-to-person communication, continuously call forwarding, auto-dialing, machine-to-machine communication (including by using your SIM card in any other devices), Cellular Trunking Units (CTUs), or any other activity we consider to be non-standard usage.
- Charging rates for toll free numbers are stated below:
- The UNLIMITED calls are NOT SHAREABLE and cannot be carried forward.
- Subscribers will not be able to use the UNLIMITED calls if their account is in Barred and Blocked status. Subscribers may only continue to use the UNLIMITED calls service once they have paid their bills by the end of the Blocked period.
- Usage of the UNLIMITED calls are subjected to XOX MOBILE Fair Usage Policy (FUP) found at: https://xox.com.my/xox-mobile-fair-usage-policy/
The bundled Mobile Internet Quota, Talktime in Minutes, and SMS allocated with the Plan will be stored in the Subscriber’s BLACK counter and apply only when used within Malaysia (domestic networks).
a. CARRYING FORWARD POLICY
- BLACK’s feature of carry forward unused data, talktime and SMS is a feature provided by XOX MOBILE whereby in certain circumstances, Subscribers can carry forward any unused bundled data, unused bundled talktime and unused bundled SMS at the end of the billing cycle to use on top of a subsequent monthly quota of the same type. Maximum data entitlement balance to be carried forward is 100GB.
- Carrying forward of unused data, talktime and SMS will be available for a limited period only and XOX MOBILE reserves its right to withdraw the carry forward feature at any time without advance notification or advertisement and without any liability in connection therewith.
- UNLIMITED talktime in minutes from the BLACK PLAN with those said items, will NOT be carried forward.
b. SEASON PASS AND HAPPY HOUR USAGE POLICY
- BLACK Subscribers may purchase Season Pass and Happy Hour promo by XOX MOBILE.
- Once Subscribers purchase Happy Hour or Season Pass, the data, talktime and SMS purchased from promos will be automatically stored in the Subscriber’s BLACK counter and Subscribers may use the data, talktime and SMS right away. The purchase of Happy Hour or Season Pass will incur additional charges apart from the monthly plan fees.
- For Subscribers of Plans with UNLIMITED calls, the talktime purchased from Season Pass and Happy Hour will be stored in their BLACK counter and those talktime may be used for Sharing and Carrying Forward only.
c. SHARING POLICY
- Subscribers can share a maximum of 10GB each time (and limited to three (3) times a day), talktime and SMS to all XOX MOBILE subscribers depending on the balance of the said items in their BLACK counter.
- BLACK Subscribers will also be charged RM0.50 for each time they share data, talktime or SMS to any XOX MOBILE prepaid plans and BLACK Subscribers.
SUBSCRIBER IDENTIFICATION MODULE (“SIM”) CARD
- We will open a BLACK Account for Subscribers and provide Subscribers with a SIM Card.
- We shall issue Subscribers with and license them to use a SIM Card on the condition that the SIM Card shall remain our sole property and shall be returned to us upon a request from us or anyone authorised to act on our behalf. Subscribers must not interfere with or destroy the SIM Card for any reason or allow it to be handed over to any other carrier (without our prior written consent). Any SIM Card that is lost, stolen or damaged (through no fault of ours or the manufacturer) will require payment from the Subscriber for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge once returned to us. Subscribers will be required to pay for all Service charges up to the time Subscribers notify us of the loss or theft of their SIM Card and their SIM Card is deactivated.
- Subscribers shall not copy or allow any other person to copy any pre-programmed data of any SIM Card.
- Subscribers are responsible for the safekeeping of their SIM Card.
- Subscribers must notify us immediately if they realise their SIM Card has been lost or stolen.
- Subscribers must also, within twenty-four (24) hours of realising that their SIM Card has been lost or stolen, report this to Polis Diraja Malaysia (PDRM) / Royal Malaysia Police.
- A non-activated SIM Card which has passed the expiry date imprinted on it will not be usable and/or returnable.
- All SIM Cards must be activated before the expiry date printed on the SIM Pack.
- Upon activation of a BLACK account, the status of the account will be updated to an Active status with the advance payment of the plan made upon signing up. The Active status will last for a 60 days period. An Active status means that the Subscriber is allowed to use his data, make outgoing and incoming calls or SMS or any type of services including data access.
- If there is no bill payment activity performed after the Active state, notwithstanding any available credit balances still available in the account, then a Subscriber will not be able to use or take advantage of any other available XOX MOBILE services available for its BLACK Subscribers, but will only be able to receive incoming calls and SMS only.
- Upon reaching the 61st day of a bill payment not being performed, the status of the account will be changed to Barred whereby a Subscriber will not be allowed to use his data, make outgoing calls and SMS, but will still be able to receive calls and SMS.
- Upon reaching the 91st day of a bill payment not being performed, the status of the account will be changed to Blocked whereby a Subscriber will not be allowed to receive incoming and make outgoing calls and SMS except for automated SMS from XOX MOBILE.
- Upon the 121st day of a bill payment not being performed, the status of the account will be changed thereafter to a Terminated state and the Subscriber will not be able to obtain the same mobile number (MSISDN) and any remaining credit, data, talktime, SMS and any other service or benefit relating to the account shall be forfeited.
UPGRADING FROM XOX MOBILE PREPAID PLANS TO BLACK
- XOX MOBILE prepaid plan Subscribers may upgrade their prepaid plan to BLACK via SMS, XOX Self Care, at any XOX MOBILE Service Centre and with authorised BLACK dealers.
- For SMS, XOX MOBILE prepaid plan subscribers may upgrade to BLACK by entering the correct command code and send to 23388 or 22111 within the valid period. For example: Send CHGB39PLUS20 to 23388
- At the point of a XOX MOBILE prepaid plan subscriber who opts to upgrade to BLACK, they will either receive a request BLACK upgrade confirmation notification or an unsuccessful notification.
- After the Subscriber received the first BLACK upgrade request confirmation notification, the subscriber will automatically be upgraded to their preferred BLACK plan within 24 hours. At the point of the BLACK upgrading, the Subscriber’s prepaid credit will be taken as the pre-payment charges based on the BLACK plan of their choice.
- At the point of the BLACK upgrading service, Subscribers may experience service interruption up to FIVE (5) minutes until the upgrading service is completed, however the service interruption lead time is an estimation, depending on occasional system condition which may vary from time to time.
- Below are the items that XOX MOBILE prepaid plan subscribers can carry forward when they upgrade to BLACK.
- When XOX MOBILE prepaid plan subscribers upgrade to BLACK, all transferable data to their new BLACK account will be capped at 100GB. For example, if a XOX MOBILE prepaid plan subscribers has 200GB in their XOX MOBILE prepaid plan Season Pass and they upgrade to BLACK, they will only have 100GB in their BLACK account.
- Any outstanding payment will be brought forward to the Subscriber’s next billing cycle.
- The selected plan that the Subscriber change to will only take effect on their next billing cycle.
- The plan is successfully changed only when the Subscriber receives a SMS and/or email to notify them their plan has been successfully changed.
- All existing data, talktime and SMS will be carried forward to the new plan the Subscriber changed to.
- Your use of the Service(s) including Mobile Device roaming charges under your account is subject to your Credit Extension and you are fully responsible to ensure your use of the Service(s) and other usage charges do not exceed your Credit Extension. At your request and/or when we deem fit, your Credit Extension may be reduced or increased subject to further terms and conditions. We are entitled to bar or suspend (without notice) the Service(s) or part thereof if you exceed your Credit Extension. We are not liable for suspension, barring of the Service(s) if the Charges incurred for your usage exceeds your Credit Extension. You must promptly pay for your Service(s) and other usage charges including any amount in excess of your Credit Extension.
- Credit Extension will be available for all BLACK Subscribers from 3rd January 2019 until further notice.
a. Use Pay-per-use calls and SMS
b. Buy Season Pass, Happy Hour and add-ons
c. Share data, talktime and SMS
d. Purchase Premium Content
- The amount of Credit Extension available for each BLACK Subscriber varies, based on the length of the Subscriber’s subscription to BLACK.
- Subscribers will enjoy the full amount of the monthly Credit Extension after they have made payment for their previous month’s bill.
- Subscribers may request for additional Credit Extension, but the granting of the additional Credit Extension to the Subscriber is subjected to XOX MOBILE’s approval.
BLACK BILLING CYCLE
- All BLACK Plans operate on a 30 days billing cycle. For example, if a Subscriber subscribes a B39 plan on 15 January 2018, they will receive their BLACK statement on 15 February 2018. The Subscriber’s billing date of their BLACK Plan will remain the same irrespective if they change their BLACK Plan. The data, talktime and SMS of their respective BLACK plan will be credited into their BLACK as soon as the subscriber’s BLACK statement is out.
- For all BLACK Plans, data, talktime and SMS will be given on a monthly basis upon the Subscriber’s monthly renewal cycle. This means that for example, if a BLACK Subscriber subscribes B39 on 1 February 2018 and makes a pre-payment of RM468 for 12 months of his subscription, the Subscriber will not receive the full quota of 12 months (72GB, 600 minutes and 600 SMS) all at once.
- The Subscriber can make payment for the Subscriber’s monthly bill via direct debit, credit card or online banking for BLACK Service(s). The Subscriber confirms and agrees that the information he/she provided is true and correct, that the Card he/she chose for direct debit, or online banking is in the Subscriber’s name. The Subscriber confirms that he/she is lawful and an authorised holder of the Card or where the Card belongs to a third party, the Cardholder is a lawful and authorised holder of the Card. The Subscriber also confirms that the Card is valid and has not expired, suspended or terminated, and will remain valid and unexpired throughout the duration of the Subscriber’s use of direct debit, credit card or online banking.
- Subscribers will need to make payment to stay Active to avoid their BLACK account from falling into Barred status (which means that the Subscriber can only receive voice calls and SMS only, with no outgoing calls, SMS and mobile data).
- BLACK subscribers may make additional payment that is more than their BLACK Plan and the additional payment will be carried forward and reflected in their next BLACK statement. For example, if a BLACK subscriber who subscribes to B39 and makes a pre-payment of RM49, the additional RM10 will be reflected in their next BLACK statement as long as they did not utilised the RM10 in their current month.
- BLACK is subjected to six per cent (6%) Sales and Service Tax (SST), of which will be calculated into the monthly bill at the end of the Subscriber’s billing cycle.
- The Subscriber agrees and undertakes to pay promptly all usage charges due and payable for all services registered under the Subscriber’s account number irrespective of whether or not such services have been used or partly used or misused by any third party or not authorised by the Subscriber. The Subscriber further agrees that all sums due and payable to XOX MOBILE shall be processed for payment based on the Subscriber s agreement to the Terms and Conditions in the Auto Debit Form. The Subscriber further agrees and undertakes that in the event of sums due and unpaid, XOX MOBILE reserves the right to withhold or forfeit the balance amounts (if any) or rewards or bonus points from the Subscriber’s accounts.
- The Subscriber’s primary obligation under the Principal Terms and Conditions of the subscribed Plan is to clear his/her BLACK official bill statements and to settle in a timely manner which shall continue and shall not be waived, extended, suspended in any manner whatsoever by the approval of the Auto-Debit Services provided by XOX MOBILE to the Subscriber herein.
- The Subscriber hereby agrees that the use of Auto-Debit Service is undertaken at his/her risk. XOX MOBILE shall not be liable for, and the Subscriber agree to indemnify XOX MOBILE against all claims, losses, liabilities proceedings, demands, costs and expenses (Including legal fees) which may result or which XOX MOBILE may sustain in connection with or arising from the provision of the Auto-Debit Service to the Subscriber.
- XOX MOBILE reserves the right at any time without being liable to the Subscriber or any other third party whatsoever to discontinue, interrupt, withdraw or suspend the Auto-Debit Service or vary any terms and conditions for such period of time XOX MOBILE shall deem fit for any reasons whatsoever.
- The Subscriber shall allow an interval of at least three (3) working days from receipt by XOX MOBILE of the completed registration form for the processing of the application and activation of the Auto-Debit Service.
- The Subscriber is obliged to inform XOX MOBILE in writing upon transfer of mobile phone and/or SIM card ownership, changes BLACK account number or if the Subscriber wishes to withdraw from the Auto-Debit Service.
- XOX MOBILE may terminate the Auto-Debit Service of the Subscriber at any time with seven (7) days written notice. The Subscriber may terminate the Auto-Debit Service at any one time with one (1) month’s written/email notice to XOX MOBILE for verification purpose. Notwithstanding the foregoing, the Service shall be automatically terminated with immediate effect without notice to the Subscriber in the event that the Card is cancelled by the Card Issuer or the Auto-Debit Service are terminated by the Bank.
- The Subscriber hereby acknowledges and agrees that XOX MOBILE may appoint a Company to be the authorized collection agent and that such appointment will render the said Company to demand, claim, collect and receive any payment due and payable by Subscriber to XOX MOBILE for the provision of the relevant XOX MOBILE telecommunication services as under the Principal Terms and Conditions.
- Any amount on the Subscriber’s account which remains outstanding prior to authorization shall be settled with XOX MOBILE by the Subscriber at any XOX MOBILE Service Centres before the due date. Save and except where the fault or delay is clearly attributable to circumstances within XOX MOBILE’s reasonable control, all overdue payments shall be subjected to interest for late payment and or other consequences as provided under the Principal Terms and Conditions.
- XOX MOBILE shall not be held responsible or liable for any claims, loss, damages, costs and expenses to the Subscriber:
(a) if the Card is not honored by the Bank or the Card Issuer
(b) if authorization to the Cardholder for the transaction is denied, refused or suspended by any party for any reason whatsoever
(c) if XOX MOBILE is unable or delays in providing the Service as a result of power failure, failure of any computer or telecommunication system used in connection with the Services, or any other circumstances beyond XOX MOBILE’s reasonable control and
(d) for any loss or damages whatsoever suffered by the Subscribers arising from the use of the Auto-Debit Service.
- XOX MOBILE reserves the right to require the Subscriber to settle any due amount billed using other means of payment from time to time.
- XOX MOBILE reserves the right at its absolute discretion to approve or reject the Subscriber’s application for the Auto-Debit Service without assigning any reason whatsoever. The Subscriber shall be notified in the event that his/her application is rejected.
- These terms and conditions shall be read in conjunction with the Principal Terms and Conditions. In the event of any conflict between these terms and conditions with the provisions pertaining to the Services in the Principal Terms and Conditions, these terms and conditions shall prevail.
- This Auto-Debit Service is only available to Subscribers who are owners of VISA/Master-Card Cards issued by Malaysian Financial Institutions. Foreign issued cards are not eligible for the Auto-Debit Service.
- The Subscriber declares and undertakes to XOX MOBILE that:
(a) the information supplied overleaf by the Subscriber is true and correct.
(b) the Card nominated for the Auto-Debit Service is in the name of the Cardholder. Where the Card is nominated in the name of a third party, the Subscriber declares and undertakes that the Cardholder has authorized the Subscriber to use the Card for the purpose of the Auto-Debit Service.
(c) the Subscriber is the lawful and authorized holder of the Card or where the Card belongs to a third party, that the Cardholder is the lawful and authorized holder of the Card.
(d) the Card is valid and has not expired and shall remain valid and unexpired throughout the duration of the Subscriber’s use of the Auto-Debit Service.
(e) the Card has not been suspended or terminated.
- The Subscriber acknowledges and agrees that the provision of the Services for any transaction at any time is subject to prior authorization from the Bank and or Card Issuer through the supplied terminals and against an unexpired and valid Card.
- The Subscriber is obliged to inform XOX MOBILE in writing/email if there are any changes in their Card account number, including new account number issued under “lost” or “termination/cancellation of the Card’s account; changes or renewal of expiry date. Changes involving new account number will require submission of a new authorization form.
- The Subscriber must charge their bills to the Card’s account in their name either by sole or joint account only. Any variation from this will require expressed permission from the cardholder in writing/email.
- The Subscriber hereby authorizes XOX MOBILE to:
a. verify the information supplied overleaf with the Card Issuer or any third party as may be necessary
b. forward the Subscriber’s call transactions, billings and other details to the Bank, the Card Issuer and other relevant parties for and in connection with the Services.
- The Subscriber hereby authorizes XOX MOBILE to release details of the Subscriber’s monthly bills to the issuing Bank for the Cards and to automatically debit these amounts billed to the Subscriber’s Card. The full amount will be debited until the Subscriber withdraws from the Service.
- The Subscriber accepts full responsibility for all transactions arising from the use of his/her Card in payment of the Amount Due.
- XOX MOBILE is only responsible for making arrangement to debit the Subscriber’s Card account through the card center as authorized by the Subscriber. The Subscriber acknowledges and agrees that the Auto-Debit Service provided by XOX MOBILE is solely for the Subscriber’s convenience and benefit. Therefore, for any problems or dispute arising from the procession/debiting will be at Subscriber’s own responsibility to resolve it with their Card issuing banks (Including but not limited to any problems due to breakdown/mechanical defect of the computer system or equipment/malfunction of the Card issuing banks).
- XOX MOBILE reserves the right and shall be entitled without prior notice to the Subscriber to reverse any payment entry in the Subscriber’s statement accounts or charge back the transaction sum to the Subscriber’s account with XOX MOBILE in the event of any one or more of the following circumstances:
a. the transaction is cancelled by the Bank or Card Issuer for any reason whatsoever
b. the transaction is found to be incomplete, illegal or carried out by fraudulent means
c. the transaction sum/s or part thereof was found to have exceeded the Cardholder’s authorized credit extension
d. the Card concerned is found to have expired or is invalid for any reason whatsoever
e. the transaction is found to be one with “declined authorization” or a non-corresponding authorization code
f. the performance of the services or the use of the Card involves a violation of the law, rules or regulations of any governmental body
g. at the absolute discretion of XOX MOBILE or the Bank or the Card Issuer without assigning any reasons whatsoever.
- Subscriber agrees that receipts will not be issued for payments made through the Auto-Debit Service. Subscriber shall refer to their Card statements for confirmation of payment.
- The Subscriber hereby acknowledges understands that the Auto-Debit Service is only applicable for settlement of periodic XOX MOBILE’s official bill statements. All and any other payments outside the periodic XOX MOBILE’s official bill statement cycle shall be promptly settled in the ordinary manner by the Subscriber.
- The Terms and Conditions stated herein shall continue to apply subject to any additions, variations and or modifications contained in this document and shall be read and construed to be enforceable as if the additions, variations and modifications were inserted in the document.
VALUE ADDED SERVICES
- The Subscriber recognises that the Value Added Services includes but is not limited to data services, and every additional Service that may be made available from time to time shall be added to the Subscriber’s account.
TRANSFERRING OWNERSHIP OF MSISDN
- Subscribers may transfer the ownership of their MSISDN to another Subscriber.
- Both Subscribers would need to obtain the Ownership Transfer Form from XOX MOBILE call centre or at any XOX MOBILE Service Centre.
a. Ownership Transfer Form with true handwritten signature.
b. Coloured template photo of original IC or passport of both Subscribers for verification purposes.
c. Certificate of Death (if applicable).
- Both subscribers would need to be present at the same XOX Service Centre at the same time to proceed with the transfer.
- Subscribers may also email the completed documents to XOX call centre at firstname.lastname@example.org with the email title of “OTXF-1001-0112099990”.
- Subscribers need to ensure the MSISDN to be transferred ownership is in the Active status. MSISDN that are in Barred or Blacked status must be topped up in order to perform the ownership transfer.
- Subscribers whose MSISDN is/are in Terminated status may not perform the ownership transfer.
TERMINATION OF SERVICE
- The Subscriber may terminate the subscription by giving written notice to XOX MOBILE or by completing the termination form and forwarding the same to XOX MOBILE within seven (7) working days before the Subscriber’s next billing cycle. Termination notice may be sent to XOX MOBILE via email to email@example.com or at any authorised XOX MOBILE centres. XOX MOBILE shall not be liable for any payment or refund of unused subscription upon termination of the Agreement.
- In the event where the Subscriber’s subscription is terminated due to overdue unpaid charges, XOX MOBILE shall not be liable for any payment or refund of unused subscription upon termination of the Agreement. In such event and with no prior notice, the Subscriber loses all rights and/or entitlement previously accumulated including but not limited to unused credit, data, talktime, SMS, loyalty points, under the Subscriber’s subscription with XOX MOBILE.
- Termination shall be without prejudice to any existing rights or claims that XOX MOBILE may have against the Subscriber and the Subscriber shall continue to fulfil its obligations including full payment of all charges prior to the date of termination.
PORTING OUT OF BLACK
- In the event of a Port Out from BLACK, all credit, data, talktime, SMS, free items, loyalty points and other XOX MOBILE Value Added Service will be forfeited. We are not responsible for any period of outage of Subscribers’ Service(s) or any related ancillary Service(s).
- In order to Port Out of BLACK, the Account should be Active. Once your transaction is complete, all your credit, data, talktime, SMS, free items, loyalty points and other XOX MOBILE Value Added Service will be forfeited.
PERSONAL DATA USAGE POLICY
- The Subscriber confirms and agrees that they are aware and gives his/her consent to XOX MOBILE to process your personal data as defined under the Personal Data Protection Act 2010 and that your personal data will be used and/or disclosed in accordance with the Personal Data Protection Act 2010. By continuing to use the Service, the Subscriber is deemed to have accepted and/or consented to and/or to be bound by such revisions and/or modification of XOX MOBILE’s terms and conditions.
OTHER TERMS & CONDITIONS
- The above Terms and Conditions will be governed by the laws of Malaysia.
- XOX MOBILE reserves the right to change, amend, modify, suspend, continue, terminate & add all or any Terms and Conditions at any time without prior notice.
- Where the Terms and Conditions are translated into a language other than the English Language, in the event of any inconsistencies, conflicts or discrepancies between the terms and conditions set out in the English Language version and that of the other language(s), the English Language version shall prevail.