1.          Introduction

By registering, using and accessing BE ONE Network Sdn Bhd (202001008048 /1364368-W)) (“BeONE”) services as provided by BeONE (“Services”), the customer is bound and subject to the terms and conditions as contained herein.

2.          Purpose

i)           The Services are designed as a shared service and customers’ activities will have an impact on other users using and sharing the same network. To ensure fairness and a good user experience for all BeONE subscribers, BeONE has introduced and implemented a Fair Usage Policy, effective 1 Jan 2021.

ii)          This Fair Usage Policy (“Policy”) is designed to ensure that the Services received by the vast majority of customers are not negatively impacted because of extremely heavy usage and abuse by a minority of customers. BeONE shall continuously monitor network performance and may control the amount of free voice calls or the mobile data access rights of identified heavy users.

3.          Excessive Usage – Voice

i)           The ‘unlimited free on-net calls’ are granted as part of normal everyday mobile voice usage for individual consumers and business users. This service shall not be re-sold, rented or utilised in any other way except as an individual making calls to other BeONE users in the course of a normal day’s activities and in line with average on-net call frequency and minutes per month.

ii)          Customers who are found to be abusing the service, with call volumes exceeding 100 hours (6,000 minutes) (between BeONE Networks) and exceeding 16.7 hours (1000 minutes) (between other networks) a month, may have their rights to free calls suspended, or subsequent calls beyond 100 hours and 16.7 hours respectively will be charged to the customer at the prevailing domestic off-net call rates.

iii)         BeONE reserves the right to implement and enforce this policy, and modify or amend this 100 hour threshold if average on-net call volumes across the entire postpaid customer base increases, or decreases, over time.

4.          Excessive Usage – SMS

The ‘unlimited SMS’ is granted as part of normal everyday mobile SMS usage for individual consumers and business users. This service shall not be re-sold, rented or utilised in any other way except as an individual sending SMS to other BeONE Postpaid users in the course of a normal day’s activities and in line with average on-net SMS frequency and SMS sent per month. Our unlimited SMS package (if any ) is strictly for standard person-to-person messaging; and not meant for any commercial or non-personal usages. For any excessive usage, or on suspicion of fraud, illegal practice or unusual activity in respect of our unlimited  SMS package, BeONE reserves the right at any time without being liable to the Customer or any third party to discontinue, disconnect, interrupt, bar or suspend the services at its sole and absolute discretion for such period of time as BeONE shall deem fit. Customer who are found to be abusing the service, with SMS volumes exceeding 3,000 a month, subsequent SMS beyond 3,000 SMS a month will be charged at the prevailing domestic on-set SMS rates.

5.          Excessive Usage – Data

Software and applications which are used by you to send and/or receive, for uploading and/or downloading of files can contain very large amounts of data (e.g. Peer-to-Peer traffic like Bit Torrent or other similar file sharing applications). 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 customers 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 Customers’ Devices. These activities may be known or unknown to you and normally operates in the background of the Devices’ operations. Therefore, you must take all precautions and rightful actions to ensure that the above activities are controlled and minimised at all times. BeONE reserves the right to implement and enforce the said Policy at its sole discretion upon occurrence of such activities.

You will enjoy the Service depending on the plans or packages subscribed. Each package or plan has a monthly usage volume allocation and the data speed will be throttled to a maximum of 64Kbps upon full utilization of your data allocation on the package subscribed.

Notwithstanding the above, if you fail to receive any notification from BeONE, BeONE will still proceed to manage your speed and bandwidth if you have exceeded your volume allocation. Therefore, you must take the necessary measures to constantly monitor your usage. BeONE reserves the right to review upwards or downwards the volume allocation and speeds depending on package or plan without prior notice as per the above table. Nevertheless, such reduction or restriction of speed or bandwidth will not limit or stop your activities or usage of the Service.

The data volume calculation shall take into consideration of ALL activities carried out by you including those knowing or unknowingly done under the Service. The responsibilities and onus of proving shall be on you to ensure that the Devices which are free from all viruses , spybots and malwares when using the Service. BeONE reserves the right to release any information if it is required to do so by any law, regulatory body or court of law.

6.          Variation and Amendments

BeONE reserves the right to vary the terms and conditions of this Policy from time to time with or without notice to the customer and the customer shall be bound by such variation and changes.

7.          Prevailing Terms

This Policy is supplemental and shall be read together as an integral part of the terms and conditions governing the Services and any relevant addendums. If there is any inconsistency between this Policy and the terms and conditions of the Services, the terms and conditions governing the Services as posted at will prevail.