General - Terms & Conditions

CPA Premium MMS Terms and Conditions

1.VALIDITY OF SERVICE SPECIFIC TERMS AND CONDITONS
1.1This Service Specific Terms and Conditions gives a description of the accessibility, functionality and Service, which the Parties have agreed and shall be an integral part of and read together with the Main Terms and Conditions. The order of precedence in case of conflict as stated in the Additional CP T&C (Website)(Ref : 2014_05_19) shall apply.
2.PRODUCT DESCRIPTION
2.1The Service gives you the opportunity to revenue share with us on the amount billed for each successful transaction to the Customers, for the usage of the Multimedia Messaging Services ("MMS") based Service provided by you.
2.2You will only be entitled to receive payment for MMS transactions sent and/or delivered through the Infrastructure.
3.ACCESSIBILITY
3.1You shall be given access to our Infrastructure in accordance with the Technical Specifications Document provided by us. You agree that access to our Infrastructure is dependent upon your Equipment conforming to our specifications.
3.2We shall assign an exclusive short code to you to allow the Customers to access to your Content. We shall at our sole and absolute discretion and to the best of our ability not change the short-code for the full term during which this Service is in force and will not allow any other party to use such short code in relation to any Service which compete directly or indirectly with you under these terms,for a period of at least six (6) months after the termination of this Service.
3.3When a short code is assigned to you for the Service, you will not have any rights to this short code except for the sole purpose of using the Service in accordance with theMain Terms and Conditios. You shall not sell, transfer or agree to sell or agree to transfer this short code to anyone else. You must not apply or try to apply for registration of this short code as any intellectual property rights including without limitation to trademark, whether on its own or with any word or mark.
3.4We may, for operational or technical reasons or compliance with any requirement of the relevant Regulatory Authority or other authority, withdraw or change any Short Code allocated to you.
3.5An MMS Message Terminating ("MT") is deemed successfully sent once the recipient receives the MMS or a text notification via SMS in the event that the customer does not have an MMS-enabled mobile phone and a successful delivery notification is received by the Multimedia Message Service Centre ("MMSC").
4.YOUR OBLIGATIONS TOWARDS END USER
4.1You shall be responsible for the development, presentation, operations, and customer service of the Content provided. We shall not have any responsibility in relation to any editorial capacity or whatsoever.
4.2You shall be solely responsible to clearly notify the Customers of the price for the usage of the Service offered by you. You hereby agree to take all reasonable steps necessary to notify the Customers of the price for the usage of the Service offered by you.
4.3When the Customers order erroneously, or use a service that does not exist, you shall not charge the Customers when returning the error message to the Customers. Nevertheless, you shall reserve the right to charge the Customers when you send them help message(s) in relation to the Content provided by you.
4.4You agree that you shall only advertise the price of the Content excluding the normal General Packet Radio Service ("GPRS") and MMS charges, and include your advertisement that normal GPRS and MMS charges, where applicable, shall apply in addition to the Content charges.
4.5You shall be solely responsible to clearly notify the Customer on how to opt-out each time a Service or content is delivered or sent to the Customer including but not limited to subscription based Service or Content.
5.CHARGES AND REVENUE SHARE
5.1Charges given in this Service Specific Terms and Conditions form the base of the payment solution. Please be informed that the Charges as stated herein is subject to change from time to time and the Charges will be in accordance with the rates in our prevailing schedule available at the Website.
DescriptionRates (RM)
One-time setup fee per Short Code2,000.00
Monthly charge per Short Code800.00
Advance payment as deposit1,600.00
Monthly charge per keyword10.00
The abovementioned one-time setup fee shall become payable upon submission of the relevant Service Order Form and this fee is non-refundable for whatsoever reason.
The advance payment stated above will only be refunded if mutually agreed upon by the Parties.
5.2The following are the applicable Content price categories and their corresponding Revenue Share that are used in this Service:
 Revenue Share
Content price (RM)Content Provider's Share (RM)Digi's Share (RM)
0.500.2750.225
0.600.3300.270
0.700.3850.315
0.800.4400.360
0.900.4950.405
1.000.5500.450
1.500.8250.675
2.001.1000.900
2.501.3751.125
3.001.6501.350
3.501.9251.575
4.002.2001.800
4.502.4752.025
5.002.7502.250
5.503.0252.475
6.003.3002.700
6.503.5752.925
7.003.8503.150
7.504.1253.375
8.004.4003.600
8.504.6753.825
9.004.9504.050
9.505.2254.275
10.005.5004.500
5.3For each MMS sent by you utilising any one of the Content price categories, stated in the table above, we shall impose the following infrastructure cost, which shall be borne solely by you :-
Non-Zero-rated MT Size of MMS (kb)Infrastructure Cost per MMS (RM)
0.0 - 30.0RM0.25
30.1 - 100.0RM0.30
100.1 - 300.0RM0.35
5.4In addition to the Content price categories stated in the table above, you may also choose not to charge the Customers by utilising the Zero-rated Mobile Terminating ("ZMT") price category. ZMT is used when you would like to send content free of charge to the Customers. For each MMS sent using the ZMT price category, we shall impose the following infrastructure cost, which shall be borne solely by you :-
Non-Zero-rated MT Size of MMS (kb)Infrastructure Cost per MMS (RM)
0.0 - 30.0RM0.35
30.1 - 100.0RM0.40
100.1 - 300.0RM0.45
5.5When utilising the ZMT rate, you shall avoid massmail unsolicited junk or unwelcome messages ("Spamming"). We assume no editorial responsibility in any manner whatsoever for the content of distributed information, which remains your sole and absolute responsibility and must adhere to the current laws and regulations of Malaysia.
5.6All revenue generated from MMS Mobile Originating ("MO") shall not be shared and shall be our sole revenue.
5.7All other charges, where applicable, including but not limited to, GPRS charges, charged to the Customers arising out of Customers' use of DiGi's telecommunication network initiated by the Customers in relation to this Service shall be our sole revenue.
6.CONTACT INFORMATION
6.1You are responsible to provide customer service contact information to the Customers for the Content provided.
6.2Your customer service contact information for the Customers shall be made known to us. The contact information shall be furnished in the Service Order Form when applying for the Service.