OHANA - TERMS & CONDITIONS SUMMARY OF TERMS

1. INTRODUCTION

This document (“Summary Terms”) sets out a summary of the terms and conditions applicable to Ohana’s customers (“Customer Terms and Conditions”) for the services provided by Ohana which you have subscribed to (“Services”). By using the Services, you agree to the full and most current version of the Customer Terms and Conditions, a copy of which you may obtain at our website on http://www.ohana.my/ or by phone request at Ohana’s customer service hotline at 1300-880- 880, which will also be displayed when you log on to use the Services, and the specific terms and conditions as applicable for the relevant Services you have subscribed to (“Specific Terms and Conditions”) are as set out in the service or application form relevant to the package or promotion you have subscribed to (“Application Form”).

2. OHANA’S POLICIES

2.1 By using the Services, you also agree to comply with, in addition to or as part of the Customer Terms and Conditions and the Specific Terms and Conditions, the following policies of Ohana:

(a) Privacy Policy;

(b) Fair Usage Policy;

(c) Bonus Policy;

(d) Price Matching Policy;

(e) Ohana Website policies (including but not limited to Ohana’s Website Privacy Policy and Website Terms of Use); and

(f) any other policies or terms and conditions as shall be updated from time to time and notified for your attention.

2.2 In the event of any conflict, the Specific Terms and Conditions shall prevail.

3. SUBSCRIPTION

3.1 In order to subscribe to the Services, you are required to:

(a) as an individual, be at least 18 years of age as at the date of subscription and have the legal capacity and authority to enter into a legally binding contract, or as a company, be a legally and duly organized entity and in good standing and your representative elected and authorized for the purposes of entering into and subscribing for the Services (“Representative”) has the authority (including having obtained all the relevant consents or power of attorney, as applicable) to execute and enter into a legally binding contract;

(b) ensure that all information and documents submitted to Ohana for the purposes of subscribing to the Services (including any information requested to be submitted with the Application Form or that given upon request by Ohana) are accurate, true, current and complete, and you undertake to inform Ohana of any updates to such information in the event of any change;

(c) as an individual, be at least 18 years of age as at the date of subscription and have the legal capacity and authority to enter into a legally binding contract, or as a company, be a legally and duly organized entity and in good standing and your representative elected and authorized for the purposes of entering into and subscribing for the Services (“Representative”) has the authority (including having obtained all the relevant consents or power of attorney, as applicable) to execute and enter into a legally binding contract;

(d) ensure that all information and documents submitted to Ohana for the purposes of subscribing to the Services (including any information requested to be submitted with the Application Form or that given upon request by Ohana) are accurate, true, current and complete, and you undertake to inform Ohana of any updates to such information in the event of any change;

(e) read and indicate your acceptance of the Customer Terms and Conditions, the Specific Terms and Conditions, and all those terms and policies set out in Clause 2 (Ohana’s Policies);

(f) agree to Ohana’s Privacy Policy, in which you agree to Ohana collecting, using and processing your Personal Data (as defined in Ohana’s Privacy Policy) and disclosing it to the reasonable third parties for the purposes of providing you the Services and other matters. Further information on the Privacy Policy, including your rights, can be found at our website on http://ohana.com.my;

(g) unless waived by Ohana, provide the following documents in the numbers specified by Ohana:

i. if a company, letter of confirmation and authorization duly signed by the relevant authorized person, power of attorney, or resolution by your board of directors, on the appointment of your Representative;

ii. if a company, specimen signature of the Representative;

iii. certified true copy of the NRIC, MyPR, passport (with at least 24 months’ validity), OKU ID or any other identification document of the individual applicant or the Representative;

iv. the completed Application Form; and

v. all other supporting documents as required by Ohana.

3.2 Ohana shall be entitled to, at its absolute and sole discretion, reject or decline any application for the Services.

4. SERVICE AVAILABILITY AND INTERNET ACCESS SPEED

4.1 Subject to Clause 3 (Subscription) above, Ohana is committed to providing you the Services on an “as is” basis within a reasonable timeframe and only if, upon verification, the Services are available at your installation address as set out in the Application Form (“Premises”). For more information on whether your Premises is within the coverage area of the Services, please contact Ohana’s customer service hotline at 1300-880- 880.

4.2 You understand and acknowledge that the Internet access speed for the Services may be affected as a result of the following factors: (a) location of website where users may experience lower speeds from some international websites; or (b) capacity of visited web server, in that, some web servers cannot cope with huge traffic demand from users or do not have enough capacity or where download speed is restricted to ensure fair level of service; (c) network congestion as a result of network maintenance or outages or; (d) running multiple applications simultaneously like using other applications such as peer-to- peer like BitTorrent; (e) accessing the Internet through WiFi that will cause slow speed than by wire; (f) operating system where some configuration of users’ operating system may slow down internet

5. MINIMUM SUBSCRIPTION PERIOD

You shall subscribe to the Services for a period of not less than the minimum subscription period set out in the Specific Terms and Conditions (“Minimum Subscription Period”).

6. INSTALLATION AND ACTIVATION

6.1 Ohana will contact you by the contact details you have provided in the Application Form within seven (7) days of your application to inform you of the acceptance or rejection of the application.

6.2 You agree and consent to Ohana and/or our agents to, within five (5) days of your application being successful, fix an appointment date and gain access to your Premises to carry out the Services installation process (which may include cable wiring), subject that you warrant and represent the following:

(a) you agree to the installation fee and any other reasonable charges imposed for services carried out outside Ohana and/or our agent’s scope;

(b) you or your Representative (or his authorized agent or representative aged 18 and above) shall be present during the installation;

(c) the readiness and availability of all relevant equipment as shall be informed to you, including but not limited to a telephone line through a specified fixed line, AC power supply for the Services equipment, network equipment, internal wiring, pre-wired copper cabling, and electronic device (including personal computers, tablets or phones) conforming with specifications set out by Ohana in the Application Form; and

(d) you have obtained the approval in writing of the occupier of the Premises (including but not limited to the owner, developer or building management corporation), for the Services installation process; and you shall be liable to indemnify Ohana for any damages, loss, costs and expenses incurred arising from any breach of the above representations and warranties.

6.3 The period for the installation process shall conform to the reasonable industry standard.

6.4 In the event you wish to reschedule or cancel the installation date, you must inform Ohana five (5) days prior to the original installation date. In the event you fail to inform Ohana within such period, or you are not available for installation on the original installation date (and therefore installation cannot be carried out), Ohana is entitled to impose a RM 200 charge. Ohana shall be at its sole discretion to terminate the Services if Ohana is not able to carry out the installation within twenty one (21) days from the first appointment date.

6.5 In the event you wish to relocate to a location other than the Premises (“New Premises”), you shall lodge a relocation application with us. Ohana shall carry out the relocation subject always that: (a) the Services are available in the New Premises and at a RM 200 relocation charge; and (b) you shall repeat the representations and warranties set out in Clause 6.2 when the installation process is carried out for the relocation to the New Premises. Ohana shall be at its sole discretion to terminate the Services if the Services are not available at the New Premises.

6.6 You are responsible for any equipment owned by Ohana and/or its agents (including such Customer Premises Equipment leased to you or installed at your Premises)(“CPE”) provided by Ohana and/or its agents to enable your usage of the Services and ensure it is in good order and working condition safely in your Premises. Upon termination of the Services, should Ohana request you to return the CPE back to Ohana, you must return the CPE in good order and working condition, failing which you may be charged for any loss or damage.

6.7 Ohana is not responsible for, and you shall indemnify Ohana against, any loss, damage, li ability, costs or expenses arising from any claims by any party whatsoever including for libel, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the installation, whether by you or any other person.

7. FEES

7.1 You agree to all charges set out in the Application Form and/or the Specific Terms and Conditions, including the monthly service fees, deposit, and any such rate, charge or penalty as may be prescribed, imposed and notified to you from time to time.

7.2 All monthly subscription fees shall be continuously chargeable and payable by you upon the successful installation and activation of the Services, regardless of usage. Ohana will issue to you the bill for the Services on a monthly basis at the contact details and methods you have specified.

7.3 In the event of an early termination of the Services during the Minimum Subscription Period, you shall be required to pay a sum equivalent to the remaining monthly service fees of the remainder of the Minimum Subscription Period as liquidated damages for early termination as well as return the CPE back to Ohana.

7.4 All payments must be made in full without any deduction, and Ohana may at its sole discretion from time to time offset, consolidate or combine accounts or transfer monies out standing in any of your accounts with Ohana or its affiliates (including its parent company, subsidiaries and associated companies) towards reducing any amounts you owe us for the Services.

8. UPGRADE OF SERVICES

Ohana reserves the right to introduce and deliver new Services over its shared network infra structure. Ohana shall entertain all your requests at any time to upgrade the Services subject that you pay all such rates and charges as specified in the Application Form, or any other rate as specified by Ohana from time to time, and any such request shall be deemed to be your acceptance of the terms and conditions attached to such upgraded Services.

9. PROHIBITED USAGE

9.1 You shall not:

(a) use the Services for any illegal or criminal purposes, including for vice or gambling;

(b) send “spam” or unsolicited electronic message, or any messages deemed obscene, threatening or offensive on moral, religious, racial or political grounds to any person including a company or a corporation, or against the public interest;

(c) resell or sublet the Services to any third party unless with the prior written consent of Ohana;

(d) distribute, compromise, or infect any other computer system with computer viruses, Trojan horse or malware;

(e) hack, compromise, or gain unauthorized access to any other computer system or information considered private by any person including a company or corporation;

(f) infringe any intellectual property rights of any party;

(g) publish or distribute defamatory or abusive material;

(h) use the Services in any manner to which Ohana shall in its sole discretion consider adversely affecting the use of the Services by Ohana and/or its other customers; and

(i) exceed the total stipulated volume of data transmitted per month as stipulated in the Fair Usage Policy.

10. SECURITY

You shall be solely responsible for the safety, security and maintaining the confidentiality of your user credentials, account details and passwords, and take all reasonable and necessary measures to ensure such safety and security. Ohana disclaims all such liability arising from any unauthorized use of your account or identification by any third party.

11. TERMINATION AND SUSPENSION OF SERVICES

11.1 Without prejudice to all other rights and remedies and notwithstanding any waiver by Ohana of any of your previous breaches, Ohana may without prior notice suspend the Services for a period to be solely determined by Ohana in the event:

(a) you have failed to settle any payment, charges or fees due to Ohana at the relevant due payment dates for the Services;

(b)you have failed to settle any payment, charges or fees due to Ohana or its affiliates (including its parent company, subsidiaries and associated companies) for any other services;

(c) you have breached or defaulted with the Customer Terms and Conditions, the Specific Terms and Conditions, and/or any of those terms and policies set out in Clause 2 (Ohana’s Policies);

(d) Ohana is of the reasonable opinion that you will use, or have used, the Services for any illegal or prohibited activities;

(e) you have a criminal record or are attempting or have attempted to defraud Ohana;

(f) it is prejudicial to the rights of Ohana or its other customers to continue providing you the Services;

(g) where it is necessary to restore or maintain Ohana’s network, either scheduled or unscheduled;

(h) where there is an emergency; or

(i) where such suspension is required to comply with a legal or statutory requirement, including the Communications and Multimedia Act 1998 or any other rules regulations by-laws acts ordinance or any amendments to the above, and Ohana may at its sole discretion if it deems appropriate and upon such terms, reconnect and continue the Services and, except for termination or suspension of Services pursuant to Clause 11.1(g), impose upon you a charge of RM 200 as reconnection charges.

11.2 Without prejudice to all other rights and remedies and notwithstanding any waiver by Ohana of any of your previous breaches, Ohana may with fourteen (14) days’ prior notice terminate the Services, in the event:

(a) you have breached or defaulted with the Customer Terms and Conditions, the Specific Terms and Conditions, and/or any of those terms and policies set out in Clause 2 (Ohana’s Policies), and such breach or default remains unremedied for a period of thirty (30) days after receipt of written request to remedy the same;

(b) you have become bankrupt, insolvent, or enter into any composition or arrangement with or for the benefit of creditors;

(c) it is prejudicial to the rights of Ohana or its other customers to continue providing you the Services; or

(d) where such termination is required to comply with a legal or statutory requirement, including the Communications and Multimedia Act 1998 or any other rules regulations by-laws acts ordinance or any amendments to the above.

11.3 Without prejudice to all other rights and remedies and notwithstanding any waiver by Ohana of any of your previous breaches, Ohana may terminate the Services immediately, in the event:

(a) you have failed to settle any payment, charges or fees due to Ohana or its affiliates (including its parent company, subsidiaries and associated companies) as and when it falls due;

(b) you have committed a material breach or default of the Customer Terms and Conditions, the Specific Terms and Conditions, and/or any of those terms and policies set out in Clause 2 (Ohana’s Policies) which Ohana has deemed cannot be remedied;

(c) Ohana is of the opinion that you will use, or have used, the Services for any illegal or prohibited activities;

(d) you have a criminal record or are attempting or have attempted to defraud Ohana; or

(e)you have provided false, incorrect or incomplete information to Ohana.

11.4 Upon termination of the Services, you shall be required to pay all outstanding fees and charges as at the suspension or cancellation date immediately, and in the event of an early termination of the Services during the Minimum Subscription Period, the termination charges set out in Clause 7.3 shall be applicable, and you shall return the CPE in good order and working condition to Ohana, failing which you may be charged for any loss or damage.

12. DISCLAIMER

The Services are provided on a “best effort” basis. Ohana makes no warranty of any kind, either expressed or implied, and you acknowledge that Ohana cannot guarantee, continuous, high-speed, or fault-free services. Ohana is not responsible to any party in contract, tort, or otherwise for any loss, damage, liability, costs or expenses (including special damages, lost profits or business, or consequential losses) arising from any claims by any party whatsoever including for libel, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the provision or failure in provision of the Services, whether by you or any other person.

13. INDEMITY

You agree to indemnify and keep us indemnified against any loss, damage, liability, costs or expenses arising from any claims by any party whatsoever including for libel, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of your Services, whether by you or any other person.

14. VARIATION

Ohana reserves the right from time to time to make any changes deemed necessary and/or required either to its Services, the Customer Terms and Conditions, the Specific Terms and Conditions or any of its terms and policies set out in Clause 2 (Ohana’s Policies). Notice shall be given to you in such manner as Ohana deems appropriate. Your continued usage of the Services will be deemed as acceptance of any revisions.

15. COOLING-OFF PERIOD

15.1 Except in a case where subsection (2) applies, no goods shall be delivered and no services shall be performed under a contract in respect of a direct sale until the cooling-off period (10 days) has lapsed.

15.2 Where a purchaser, who has entered into a contract in respect of a direct sale, has served on the vendor a notice in writing or in recorded verification call requiring the vendor to deliver the goods or to perform the services at any time before the expiry of the cooling-off period, he shall be deemed to have waived his right to rescind the contract under section 22: Laws of Malaysia ACT 500.

15.3 Notwithstanding subsection (2), no notice under that subsection shall be served on the vendor before the expiry of seventy-two hours from the time the contracts verification has been completed.

15.4 No vendor or other person shall accept any money or other consideration from a purchaser under a contract made under this Act before the expiry of the cooling-off period.

15.5 Any vendor or other person who contravenes this section shall be guilty of an offence.

OHANA BUSINESS FIBRE INTERNET SPECIFIC TERMS & CONDITONS

1. BUSINESS FIBRE INTERNET SERVICES

1.1 The Services comprise high speed broadband Internet services which allow you to access the Internet. The Services also include value-added services offered with the relevant subscription plans you have agreed to.

1.2 The Services are offered as a package. Suspension, barring or termination of a particular service from the package will cause the other services in the package to be suspended, barred or terminated (as the case may be) as well.

1.3 The Services are provided on a “best effort” basis and the Fair Usage Policy applies.

1.4 Any balance of the quota or unused services are not refundable or convertible to monetary value.

2. MINIMUM SUBSCRIPTION PERIOD

Unless otherwise specified, the Minimum Subscription Period is 24 months.

3. CHARGES

3.1 Any stamp duty and service tax chargeable for the provision of the Services shall be borne by you and shall be charged to your first bill.

3.2 Upon successful application, you shall be required to pay an advance payment equivalent to two (2) months’ monthly service fee for the relevant subscription plan which you have agreed to and the installation fee of RM200, the total sum of which shall be reflected in your first bill. If you are a non-Malaysian, you shall be required to pay an additional RM1,000 as deposit, which shall be refunded to you upon termination of the Services.

3.3 The first bill shall consist of current and the following month of subscription and to be pro-rated, where applicable.

4. INSTALLATION

4.1 Installation of the Services shall be RM 200 unless otherwise specified.

4.2 The installation fee set out in Clause 4.1 above covers the first 85 meters (outside your Premises) from the nearest Fiber Distribution Panel to the Termination Box and the first 15 meters (inside your Premises) from the Termination Box to the CPE. Should the length required at your Premises exceed the said allocated amount, you shall bear all such extra charges.

4.3 The installation provided is of standard specifications (over wall with clip or cable casing only), cost for any non-standard type of installations, such as over the ceiling, underground ducts, concealed wiring and so on will be borne by the Customer. The rate table guide is set out at our website on http://www.ohana.com.my/.

4.4 Ohana shall provide you the CPE with a 12-month warranty (limited to manufacturing faults/defects only) specifically designed for the Services only, and in the event of an early termination or suspension of the Services during the Minimum Subscription Period, it must be returned to Ohana in good order and working condition, failing which you may be charged for any loss or damage.

4.5 Ohana’s liability herein and your sole and exclusive remedy shall be limited to labour, repair and material cost and shall not cover any repair or replacement and associated cost as a result of fault or negligence on your part or any third party. You shall be required to pay for any replacement of the CPE outside of the warranty specifications made with Ohana at the rates to be specified by Ohana.

4.6 Ohana reserves the right to collect all or any of the CPE provided to you upon the termination of the Services, failing which Ohana has the right to charge the cost of the CPE as shall be reasonably determined by Ohana.

5. ONLINE PROMO

5.1 Promotions are for a limited time only and do not reflect on going prices.

5.2 Online Promotions apply only to NEW customers who submit interest online or call 1300 880 880 and shares details of the online promotion.

5.3 Regular “Terms and Conditions” apply for payment, cancellation and 24 month contract.

5.4 The use of these Ohana Packages is subject to availability being cross checked with HSBB coverage.

5.5 If there is no one present to complete the installation for Ohana services and Ohana is not notified earlier than four business days before the Installation date, the customer will be subject to a RM200 penalty charge.


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