For purposes of these terms and conditions, the following terms shall be defined as follows:
- 'Unauthorised selling and commercial gain'
– Would include situations where abusive usage is governed by a mechanical non-human non-stop usage i.e. machine to machine use, usage in a SIM box or reselling of free calls and/or SMS (as in the use of a public cellular phone facility).
– The Digi Telecommunications Sdn Bhd ("Digi") new subscriber and existing subscribers of any prepaid plans subject to the foregoing terms and conditions.
1.Smart Buddyz Free Call and SMS (hereinafter to be referred to as "Free Calls and SMS") – Terms and Conditions and Fair Usage Policy
- Each Subscriber can register up to three (3) Smart Buddyz™ (Digi numbers), initial registration of the three (3) Smart Buddyz are of free of charge.
- Free calls and SMS to the Subscriber's Smart Buddyz™ are only available after the Subscribers have registered their Smart Buddyz™ via USSD Menu Browser ("UMB"), Interactive Voice Response ("IVR") or Online Customer Service ("OCS").
- Method of UMB Registration: Press/Send - *128*1*8# and choose ‘FRIENDS AND FAMILY’ to register your Smart Buddyz™. Alternatively the Subscriber may dial 016-2211800 to register via IVR or choose to log on to register via Digi's OCS.
- The Subscriber may change their Smart Buddyz™ numbers any time. Notwithstanding, for this subsequent change, the Subscriber will be charged RM10.00 for each change of their current listed Smart Buddyz™ listed number.
- In the event the Subscriber changes his/her call plan, at Digi's discretion, the Smart Buddyz™ numbers may be removed. Pursuant thereto, the resetting of the Smart Buddyz™ numbers shall require the Subscriber to key in all their Smart Buddyz™ numbers again.
- Notwithstanding Digi's intention to allow for ‘UNLIMITED’ Free Calls and SMS amongst registered Smart Buddyz™ as promoted from time to time. However in view of general concerns of possible abuse by certain Subscribers, it is an industry and safety precaution to subject any and all free calls and SMS granted herein to Digi's Fair Usage Policy fully determined by Digi.
- Digi in its sole discretion in view of various safety factors and general public concerns will determine the allocation of amount of Free Calls and SMS which is subject to change from time to time. Where if reflected in our system an average significant increase of usage by Subscribers for usage of our designated services thereto, Digi will adjust accordingly after full deliberation by Digi's Management Team concerning the bandwith and limitation currently set to accommodate any current request and expectation of its users.
- Upon reaching the quota of free calls and SMS indicated below, Digi reserves the right to suspend the usage and/or charge the Subscriber on calls and SMS, impose a fee, extra charges and/or penalty to the Subscriber who misuses or abuses (as the case may be) the free calls or data services by way of any unauthorised selling and/or commercial gain, as may be determined by Digi in its sole discretion.
- Pursuant thereto, Digi may impose a minimum or maximum capping for the free voice and/or SMS usage without prior notice to the Subscriber based on this fair usage policy as herein stated or as amended from time to time.
- At any time throughout the rendering of Digi's services herein, Digi reserves the right to suspend and/or terminate the line in the case of suspected abusive commercial gain activities not limited to any voice and/or SMS and/or promotions presently offered.
- At current and in line with this present offering, the monthly total free voice calls and SMS to Smart Buddyz™ will be free to the extent of achieving collectively 3000 minutes of calls and 3000 SMS respectively. For every subsequent call after the monthly free 3000 minutes of voice calls will be charged at RM0.08 per minute and every subsequent SMS after the free 3000 SMS will be charged at RM0.05 per SMS. SMS notifications will be sent to respective Subscriber when their total free voice calls and SMS to Smart Buddyz™ exceed 3000 minutes and 3000 SMS respectively.
- The Free Calls and SMS are non-transferable, whether by operation of law or otherwise, either to any other person, entity or any other prepaid account.
- No carry forward of the unutilised quota of Free Calls and SMS will be allowed.
- The Subscriber must maintain their accounts to be in an “Active” status throughout the duration of the services in order to continue enjoying free calls and SMS to their Smart Buddyz™.
- The Free Calls and SMS can only be utilised domestically i.e. within Malaysia only, to other the Digi numbers set up as the Subscriber's Digi Smart Buddyz™, of which are subject to roaming charges when used overseas. The Subscriber shall be charged based on the calls and/or SMS rates imposed by the respective Digi roaming operators for calls and/or SMS usage whilst roaming with Digi's overseas roaming partners and/or collaborators. The list of Digi's overseas roaming partners and/or collaborators are subject to change and are available on Digi's websites.
- Digi reserves the sole and absolute rights to cease, alter or suspend the provision of Free Calls and SMS usage anytime without prior notice based on its sole and absolute discretion. For the avoidance of doubt, such alteration, cancellation, termination or suspension by Digi does not entitle the Subscribers to any claim or compensation against Digi (in cash or in kind) for any and all losses or damages suffered or incurred by the Subscribers as a direct or indirect result of the act of alteration, cancellation, termination or suspension.
- By using this Smart Buddyz™ free calls and SMS, the Subscriber acknowledges that they understand the terms & conditions herein and agree to abide by it.
2.FREE Basic Internet and Free Social (hereinafter to be referred as "Free Internet") Terms and Conditions and Fair Usage Policy
- All Free Internet promotions including but not limited to the 'Smart FREE Basic Internet' and 'Free Social/Free Sozial' are subjected to Digi's Free Internet Fair Usage Policy fully determined by Digi.
- The Subscriber will enjoy the use of Free Internet subject to the limited speed of up to 64kbps in line with this present promotional offering (subject to change at Digi's discretion).
- This Free Internet is herein restricted from consumption of Voice over Internet Protocol (VoIP) and/or Internet Tethering and/or any Peer-to-Peer or file sharing applications and/or other similar heavy streaming services.
- The Subscriber must maintain an Active status for their Digi account in order to use Free Internet
- For the avoidance of abuse and in line with general public concerns, the Free Internet is presently subject to Digi's fair usage policy of up to 500MB per month. Notwithstanding, Digi in its sole discretion may seek to revise the Free Internet fair usage policy if the demand justifies the supply for any further increase thereto.
- Any Internet access and/or consumption exceeding any of Digi's fair usage policy limits set for any present promotion will therefore be restricted accordingly. However, as explained above, this restriction is discretionary and is subject to change from time to time as desired by Digi. Digi reserves the right to impose a fee and/or extra charges for Internet access and/or consumption upon exceeding this fair usage policy, as may be determined by Digi in its sole discretion without prior notice to its Subscribers.
- For any misuses or abuse of the Free Internet services by way of unauthorised selling and/or commercial gains, Digi reserves the right to terminate the line or suspend the usage and/or charge the Subscriber on the excess internet usage, impose a fee, extra charges and/or penalty to the Subscriber as deem appropriate by Digi in its sole discretion.
- The Free Internet quota granted herein is non-transferable, whether by operation of law or otherwise, either to any other person, entity or any other Subscriber's prepaid account.
- No carrying forward of the unutilised quota of Free Internet is allowed.
- The Free Internet can only be utilised domestically i.e. within Malaysia only, and is subject to roaming charges when used overseas. The Subscriber shall be charged based on the internet roaming rates imposed by the respective Digi roaming operators for internet roaming usage whilst roaming with Digi's overseas partners and/or collaborators. The list of Digi's roaming partners and/or collaborators are subject to change and are available on Digi's websites.
- The Subscriber shall be charged based on the Internet access rates imposed by the respective overseas Digi's roaming operators for Internet usage whilst roaming with Digi's roaming partners.
- Internet usage refers to the Subscriber's access to the Internet via Digi's GPRS, EDGE, 3G and/or LTE Network (whichever applicable).
- Any existing Digi Prepaid Mobile Internet plans' Terms & Conditions shall apply to supplement any terms and conditions wherein lacking herein.
- Digi reserves the sole and absolute right to cease, alter or suspend the provision of the Free Internet usage at any time without prior notice based on its sole and absolute discretion. In view thereof and for the avoidance of doubt, such alteration, cancellation, termination or suspension by Digi does not entitle the Subscriber to any claims and/or compensation against Digi (whether in cash or in kind) for any and all losses or damages suffered or incurred by the Subscribers as a direct or indirect result of the act of alteration, cancellation, termination or suspension thereof.
- By using this Free Internet, the Subscriber acknowledges that they understand the terms & conditions herein and agree to abide by it at all times.
3.SIM Card Lifecycle
- Upon activation of a SIM card, the status of SIM card will be updated to an Active state that will last for a 7 (Seven)-day period. Active state means the Customer is allowed to make outgoing and incoming calls or SMS or any type of services including Internet access.
- If there are no reload activities performed after the Active state but credit balance is still available in the SIM card, then the Customer will not be able to use any Digi services, but will continue to receive incoming calls and SMS.
- If the Customer has utilised all the credit balance before the Active state period has ended, then the Customer will not be able to use any Digi services, but will be able to receive incoming calls and SMS.
- The validity period for the Customer to receive incoming calls and SMS is 90 (ninety) days upon the expiry of the Active state period, but no outgoing transactions will be allowed unless a reload is performed.
- If there are still no reload activities performed by the end of the 90 (ninety) days validity period, the status of SIM card will be changed to Suspended (R2) whereby a Customer will not be allowed to receive incoming or outgoing calls or SMS except for automated SMS from Digi.
- Upon the following day of the Suspended state, the status of the SIM card will be changed to Terminated state and the Customer will not be able to recover the mobile number or any remaining credit balance or freebies in the SIM card.
- Subscribers from old plans (EXCEPT Digi Best Prepaid v4) can choose to upgrade to the new Digi® Smart Prepaid™ plan to enjoy greater savings. A one-off fee of RM5 shall be charged to such Subscribers. RM5 will be deducted from the Subscriber's main credit balance. The Subscriber is not allowed to move back to their old plan after the upgrade.
- To upgrade to the new Digi® Smart Prepaid™ plan, the Subscriber is required to key in *128*1*4# and press 'SEND'/'CALL', then select Digi® Smart Prepaid™. Upgrades can also be performed online by registering and logging in to Online Customer Service (OCS Login). Alternatively, the Subscriber can upgrade by calling 016-221 1800 and follow the step-by-step instructions given by the automated phone system.
- If the Subscribers change their call plan to Digi® Smart Prepaid™ plan, their freebies buckets in the previous Digi Prepaid plans shall be reset automatically except for the FREE Talktime bucket which will remain unchanged. All usage and reload counters value will remain unchanged.
- If the Subscribers change their call plan from Digi® Smart Prepaid™ to another approved Digi Prepaid™ plan, total usage and GPRS usage counters will be reset. All other freebie buckets are subject to be reset automatically.
- All freebies granted from any of Digi's promotion/campaign/bonuses in accordance to the terms of those Digi's promotion/campaign/bonuses (“Start Date”) will, unless otherwise specifically stated in each of the said individual promotion/ campaign/bonuses, automatically expire after fifteen (15) days from the Start Date. In relation to data freebies, please note that, data freebies will only have a 1 day validity. Any unutilised data freebies will expire at 11.59pm at the end of the reload day or freebies granted day, notwithstanding the term of the reload or grant.
- The Subscriber shall not be able to activate multi-party conferencing under this call plan.
- All other supervening terms and conditions stipulated on the General Digi Prepaid service and/or the Digi Prepaid Mobile Internet plans will apply as amended from time to time and where applicable.
- Digi shall not be responsible in any way in the event that the Subscriber's subscription was activated by a third party without their consent. Digi shall not refund nor compensate the Subscriber in any manner whatsoever in such situations.
- This service is provided on an "as is" basis and Digi does not guarantee or warrant that there shall be no problems, defects or errors in the usage provided by this subscription and/or its offers. Digi shall not be responsible in any way whatsoever for the loss incurred directly or indirectly for such failure or any problems associated to the network in any way whatsoever.
- By subscribing to this service, the Subscriber acknowledges that they understand the terms & conditions herein and agree to abide by it.
- Digi reserves the right at its absolute discretion to vary, delete or add to any of these Terms and Conditions from time to time without prior notice as it deems fit. Continued use of this subscription and/or service following any changes to these terms and conditions constitutes an acceptance to those changes (if any). The Subscriber is advised to visit this page periodically to review the terms and conditions.