PhoneFreedom 365 Agreement
Terms & Conditions
This is a subscription service where a mobile device (“Device”) is included to the Customer (Person(s) signing up for the Offer) for a 24 months Device Instalment plan charged on a monthly basis until the end of the tenure.
The Offer: Digi PhoneFreedom 365 Programme.
Each sign up of The Offer is mandated to (A) a Digi Postpaid™ Rate Plan (“Mobile Service Plan”) and (B) a 24 months device Instalment plan (“Device Instalment Plan”).
Digi may assign or transfer any of its rights, title and interest to receive payments from the Customer under this Device Subscription Agreement, including the Device Instalment Plan, to a third party without any prior consent of the Customer. An email notification will be sent to the Customer should there be any assignment or transfer of the payment receivables or any part thereof to a third party.
This is subject to the Device Subscription Agreement Terms & Conditions listed herein this document at http://digi.my/phonefreedom365 and http://digi.my/phonefreedom365tnc, the General Terms & Conditions listed on http://new.digi.com.my/cs/Satellite/Page/tnc/default/tnc_general_all and Digi Postpaid™ Terms & Conditions listed on http://new.digi.com.my/tnc/postpaid.
Digi reserves the right to revise this Device Subscription Agreement Terms & Conditions, the Generic Terms & Conditions, Digi Postpaid™ Terms & Conditions, and the Offer at any time upon its sole and absolute discretion.
Digi reserves the right to vary, delete or add to any of these Terms, and alter, cancel, terminate or suspend the Offer and/or any part thereof without any prior notice and without any liability at any time upon its sole and absolute discretion without having to assign any reasons whatsoever.
A locked-in tenure of 24 months (“Term”) commences, and is agreed upon by the Customer at the time of registration.
At the time of expiration of the Term, the Customer must either (A) register for a new Offer; or (B) terminate the Device Instalment Plan and continue to use the Mobile Service Plan; or (C) terminate The Offer and settle all payment outstanding owing to Digi.
This Offer is restricted to 1(one) customer with a valid original NRIC for up to maximum 3(three) registration only.
The registration must be under the principal name that has passed the eligibility check and has qualified for this Offer.
This Offer does not apply to a supplementary line attached to the principal line. Existing Digi Postpaid™ supplementary Customers can register as a principal as long as the supplementary Customers have passed the eligibility qualification check at participating Digi Stores, Digi Store Express and Digi Online Stores before registration.
Every eligible Customer must be present with the original NRIC upon registration. The Eligible Customer must allow a biometric thumbprint screening to be conducted during the registration.
For Customer who chooses credit card as the payment option, auto-billing will be mandatory.
All registrations must be completed at any participating Digi Stores, Digi Store Express and Digi Online Stores.
All successful registration at Digi Store, Digi Store Express and Digi Online Stores cannot be cancelled. No refund will be entertained and penalty is imposed for customers with existing contract.
This subscription service is offered to all existing subscribers of Digi Postpaid™ Rate Plan with the following that must be met during registration:
Biometric thumbprint scan must match the NRIC thumbprint to qualify for registration.
Credit card auto-billing subscription must be active throughout the contract period.
For Port In customers, last 3 months bill of current operator must be submitted during registration.
Device Advance Payment may be applicable subjected to customer's eligibility.
Only Malaysian citizens are eligible to subscribe for the Offer.
Digi shall have the absolute discretion to accept and/or reject a Customer's application to this subscription service.
FEES AND CHARGES
The Device Payment Monthly Price for the subscription service will be charged monthly for up to 24 months' contract period.
Plan advance payment is based on the Digi Postpaid™ Rate Plan offered under this subscription service.
Device Advance Payment may be applicable subjected to customer’s eligibility.
The Customer is responsible for all the applicable charges related to this Offer. The applicable fees and charges payable by the Customer are illustrated in the table below under the applicable scenarios:
FEES TYPE AMOUNT CHARGE TO 1 Device Payment Monthly Price Monthly Device Instalment to be paid over 24 months According to the registered device instalment plan Bill 2 Mobile Service Plan Digi Postpaid 80 (with GBoost) OR
Digi Postpaid 120 OR
Digi Postpaid 160 OR
Digi Postpaid 190
Digi Postpaid 120 Family
Digi Postpaid 160 Family
Digi Postpaid 190 Family
RM38/month (for family plans)
(not inclusive tax)
Bill 3 Penalty Fee (A) Early termination (RRP - Device Advance Payment/24 x remaining months) + RM100 Admin Fee POS (B) Involuntary termination (C) Upgrade without returned Device at month 18-24 (D) 2x Phone Deals
[(RRPx2 units) - Device Advance Payment/24 x remaining months] + RM100 Admin Fee
(Monthly Fee x remaining months) + RM100 Admin Fee
Digi reserves the absolute right to block the Customer's Device during contract period if fraud is suspected; or found to have committed fraud; or failure to make payment of the Device Payment Monthly Price for two (3) consecutive months or any other period as may be reasonably determined by Digi from time to time.
Device Upgrade is available in the period from month 18 to month 24, provided that the Customer has completed at least the 17th payment for tier 1 phones or 19th payment for tier 2 phones and no other amounts are outstanding. The Device Upgrade may be exercised at the selected Digi Stores and Digi Store Express.
The Customer may choose to return the Device in Good Working Condition at the time the Customer exercises the Device Upgrade.
The Customer may upgrade to a new device model or a different device brand based on the New Offer available at the time of upgrade. The New Offer is subject to a new (A) a Mobile Service Plan and (B) a 24 months Device Instalment Plan.
The Customer should not have any outstanding Device Payment Monthly Price and Mobile Service Plan Fee in their bill before exercising the Device Upgrade. Upon successful upgrade to a New Offer, the remaining tenure of the original Offer shall lapse and the remaining months of the Device Payment Monthly Price will be waived.
If the full device advance payment was paid during the previous subscription, the remaining months of the Device Payment Monthly Price will be credited back to customer’s bill upon successful upgrade to a New Offer.
Early Termination of the 24 months’ contract is subject to a Penalty Fee. The Customer is liable to pay the fee amount as illustrated in Fees and Charges table including all outstanding amount owed by the Customer to Digi. Customer shall not have the option of returning the device in lieu of payment of the Penalty Fee.
The Penalty Fee will be charged at point of sale (POS) during the Early Termination process at selected Digi Stores and Digi Store Express. Otherwise, the Customer will receive the amount charged to the bill.
Early Termination is defined as:
Termination of the Offer within the 24 months' contract tenure on the day of activation to the last day of Month 24 Customer's bill cycle
Termination based on either below scenarios:
Port out to other operators and/or terminate the Offer, or
Change, suspend or terminate of Mobile Service Plan subscribed under this Offer.
All requests for Early Termination must be completed at selected Digi Stores and Digi Store Express only.
All requests for termination must be completed at selected Digi Stores and Digi Store Express only.
Contract termination of the Offer is defined as termination at the last day of the initial 24 months’ contract tenure.
The Customer must complete payment of all outstanding fees owed by the Customer to Digi before termination is allowed.
The returned Device must be within the stipulated Good Working Condition Criteria as follows;
is fully functional in all respects (including but not limited to turns on and off, buttons are fully functional, make and receive calls, connects to the internet, touchscreen is fully functional);
is accompanied by a fully functioning battery;
has no missing, disassembled, customised or non-original parts which are non-original or not otherwise genuine parts or not original equipment manufacturer (OEM) parts used for repair under the manufacturer’s warranty or obligations under the Local Consumer Law;
is factory reset;
has all activation and device locking features disabled (including but not limited to ‘Find my iPhone’ feature disabled for iOS 7 or higher);
is not IMEI blocked;
is data wiped (including wiping or secure destruction of any user-added storage); and
does not exhibit any one or more of the Damage Criteria below:
does not power on and off as intended;
heavy wear and tear (including but not limited to any functionality issue, crack or chip on front of glass, internal screen and/or body, extreme abrasion, puncture holes, damaged, broken or missing buttons, slit/separation of the device enclosure, bent device enclosure, devices that are destroyed or forcibly separated into multiple pieces);
significant damage (including but not limited to liquid damage as indicated by the liquid ingress indicator, LCD/OLED damage/bleeding, swollen battery);
damaged internal screen (including but not limited to discoloured / damaged / cracked / bleeding LCD/OLED);
the activation/device lock is enabled (including but not limited to ‘Find my iPhone' feature disabled for iOS 7 or higher);
not factory reset;
is not fully data wiped or customer data not cleared;
missing parts or custom third party parts and unauthorised modifications or has been disassembled;
is a device that has been the subject of a manufacturer recall or repair program that has not been replaced or repaired in accordance with such program; or
the back of the device is cracked, chipped, dented, damaged or smashed
The Customer must allow Digi to install an app or software (if required) on the Device to test and validate.
Digi has the absolute discretion to decide whether a Device in which the Customer wishes to return upon upgrade can be accepted or rejected
The returned Device is defined as the mobile Device including all parts inside the mobile handset but excluding the packaging and accessories that come with it.
Digi is not responsible for the loss, safekeeping or maintenance in confidence of any personal information remaining in the Customer returned Device once it is returned to Digi and the Customer understands that such information may be accessible to third parties if the Customer does not delete it.
To protect the Customer’s privacy, the Customer acknowledges that before returning the Device to Digi, all applications' data, contacts, and personal data including but not limited to photos, messages, web browsing history, and/or passwords and other personal, confidential or sensitive data stored in the Device must be erased. Digi and/or its suppliers, agents or representatives are not responsible for removing personal, confidential and sensitive information from the device and cannot guarantee such information left on the device will be deleted. If the Customer fails to remove all personal, confidential or sensitive information from the Device, the Customer agrees to release Digi and/or its suppliers, agents or representatives from all claims, losses or damages with respect to the use of SIM card or any personal information whether arising before or after the return of the Device to Digi.
Electronic Delivery: The Customer expressly and knowingly agree and consent to permit Digi (including any third party vendor, or representative through which we provide services under this Device Subscription Agreement) to make disclosures and provide notices to the Customer in electronic form, including but not limited to e-mail and text messaging, instead of providing such notices and disclosures in hardcopy by post mail. The Customer consents and agrees that the Customer's agreement herein shall relate to all forms, disclosures, and notices required under applicable law and shall remain valid until such time as the Customer may exercise the Customer's right to revoke this consent by notifying Digi.
Manufacturer's Warranty: The Customer accept and acknowledge that the Device is subject to the Device manufacturer's standard warranty and we shall not be responsible and/or liable for the Device and/or for any loss and/or damage whatsoever suffered by the Customer and/or any other party in respect of the Device. We are not responsible for replacing your Device or any part thereof that is lost, stolen, damaged or defective which is not covered under the manufacturer's warranty. The Customer shall be responsible for the repair and maintenance of the Device. Should a defect or fault fall within the ambit of manufacturer's warranty, repairs shall be subject to the applicable warranty issued by the Device manufacturer.
DATA PROTECTION OBLIGATION
To learn about how Digi collects & protects your personal data, refer to the Privacy Statement. Any non-personal information or material sent to Digi by you will generally NOT be treated as confidential. Please refer to this URL http://new.digi.com.my/cs/Satellite/Page/tnc/default/tnc_data_protection_obligation
PERSONAL DATA AND PRIVACY STATEMENT
The Personal Data Protection Act 2010 ("PDPA") sets out the rules, which all users of personal data including Digi must obey when obtaining and using information about you.
As part of Digi's compliance to PDPA and commitment towards the protection of your personal information, Digi has put in place a personal data protection and compliance principles and framework ("Framework"). Please refer to this URL for the full compliances of the framework http://new.digi.com.my/cs/Satellite/Page/tnc/default/tnc_privacy_statement_property_leasin