Terms and Conditions (T&C) for ATOM Power Fiber

Scope of Services

• For purpose of this agreement, "Service" means the services provided by (Entity of ATOM) that allow you to use or access the Internet.
• Service is only available in certain coverage areas.
• However, ATOM is not liable for any loss suffered by You due to the unavailability of the Service in any geographical area.
• The Service will be provided directly by ATOM or indirectly through a subcontractor or agent appointed by ATOM.
• ATOM will only provide the Service and is not responsible for any content or charges incurred by You in using the Service.
• You shall not resell all or any part of the Service without prior written agreement with ATOM and shall not retransmit the Service or make the Service available to anyone else.
• ATOM will provide such maintenance services as are reasonably required for the ATOM Equipment to be able to support the provision of the Services.

Your Equipment

• You are responsible for ensuring that Your equipment (including any computer or device) meets the minimum system requirements to enable You to use the Service. ATOM will not be liable for any loss suffered by You due to Your equipment not meeting the minimum system requirements or any cost incurred by You to upgrade Your equipment.

ATOM Equipment

• ATOM equipment includes any equipment (including any router) installed by ATOM at Your Premises to allow you to access the Service (ATOM Equipment). ATOM Equipment shall be owned by ATOM. You are only permitted to use the ATOM Equipment for the purpose of using or accessing the Service.
• ATOM reserve the right to change the ATOM Equipment from time to time and have the right to remove the ATOM Equipment upon termination of these Terms and Conditions. In the event that You damage or loss the ATOM Equipment, You are responsible for reimbursing to ATOM for the cost of ATOM Equipment.
• Any Equipment installed to provide the Service belongs to ATOM and shall be returned to ATOM if Customer decides not to subscribe service anymore.

Services Charges

• You must pay all charges for the Services, such charges (including relevant charges for set up, installation, monthly fees/price plans and equipment fees) being specified on the receipt of the Service Quote.
• ATOM will bill you monthly and payment in full is due by the due date indicated on your bill. Alternatively, it will be available top up credit system. In this system, you can apply the top up credit your account by means of any methods which is indicated or made available by ATOM from time to time. In the prepaid top up credit, the amount of credit will reduce as a result of service being used. You agree to pay all Myanmar taxes arising under this agreement. ATOM is also offering a cash payment solution.
• ATOM reserves the right to change or modify, in its sole discretion, the Service charge or rates you are charged for the Service at any time. If there is any change or modify on the Service charge or rates, You will be notified in a way reasonable by ATOM one -week in advance. If You do not agree to the change made by ATOM, You must notify ATOM and stop using the Service.
• Subscription will be suspended if payment is still not received on due date. And subscription will be terminated automatically if subscription suspended period is more than 60 days long. That means your subscription/order ID will be automatically deleted from system.
• If you want to reuse service, you will have to resubmit a new order to reuse service.
• You shall have to pay charges to ATOM's technical team (OR) subcontractors or agents appointed by ATOM for on-site troubleshooting if the problem is caused by user error (like cable/router damage/cable loose, etc.)

Installation of ATOM Equipment

• Once payment has been done for your service registration, you will be contacted within 2 working days to make appointment for installation. You shall inform ATOM 2 working days prior to the appointment date if you need to reschedule or cancel the installation. Installation of the ATOM Equipment will take approximately 4 hours.
• You authorise ATOM and its employees, subcontractors and agents to enter Your Premises in order to install, maintain, inspect, repair and remove the ATOM Equipment. If You are not the owner of the Premises then You will supply ATOM with the owner's name and address and evidence that You are authorised to grant access to the Premises and, if requested by ATOM, provide a written consent from the owner.
• You will allow ATOM to make alternations to the Premises, drill the area (if any required) before we begin installation.
• You or a person over 18 years of age who is authorised by You, must be present at the Premises during the installation of the ATOM Equipment. In the event that You or the person authorised by you to be present at the Premises during installation is not present, installation cannot proceed. In addition, You shall provide ATOM with floor space, other space, and clean power as is reasonably necessary for the installation and operation of ATOM Equipment at the Premises. You will be liable to pay the costs of ATOM relating to rescheduling with the installation. You must reschedule within 21 days. If you fail to reschedule, these Terms and Conditions may be terminated by ATOM.
• The Wi-Fi router, part of Equipment provided for the Services belongs to AML.
• In the event that part or all of the Equipment is damaged due to the fault of the Customer, or is lost; the Customer is responsible for reimbursing AML at cost for this Equipment.
• AML will make Wi-Fi router installation at Customer preferred place only in one time with free of charges. If Customer wants to relocate Wi-Fi router to new location, Customer shall have to pay extra charges (for materials used for cable extension and re-installation). AML will make router relocation within 7 working days upon Customer’s request.

Services Fair Usage Policy

• ATOM has a Fair Usage Policy to ensure fair access to all subscribers to the Service. ATOM reserves the right to change this Fair Usage Policy from time to time and You will be notified in a way reasonable by ATOM one week. The Fair Usage Policy is an integral part of these Terms and Conditions and is available on [https://www.atom.com.mm/en/personal/broadband-air-usage-policy].

Compliance with Myanmar Laws and ATOM Policy

• You shall observe the laws of Myanmar and shall not use the Service for any unlawful or illegal purposes. In addition to any breach of Myanmar laws, You agree that You shall not use the Service for any of the following:
  • sending, receiving, publishing, posting, distribution, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;
  • commercial purposes, unless You are on the office/corporate packages;
  • using for non-standard commercial purposes for corporate packages;
  • sending or uploading unsolicited emails or SMS or messages, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters;
  • knowingly or negligently transmitting or uploading any electronic material or SMS or messages (including, without limit, files that contain viruses, corrupted files, or any other similar software or programs) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by ATOM or any other internet users or person;
  • allowing activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person;
  • allowing activities that are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
  • allowing anything that may disrupt or interfere with the ATOM network or service or cause a host or the network to crash;
  • launching "denial of service" attacks, "mail-bombing" attacks, "spamming" or "flooding" attacks against a host or network;
  • making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or SMS or messages or excessively large mail attachments;
  • circumventing the user authentication or security process of a host or network; or
  • creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
  In addition, You shall not;-
  • run port scanning software on any ATOM network;
  • attempt to gain unauthorized access to any computer system; or
  • undertake any activity that has an adverse effect on ATOM.
• ATOM will fully comply with Myanmar laws and regulations and licensing requirement under the Telecommunication Law 2013 including any applicable standard established by the Regulator under Telecommunication Law 2013 relating to the quality of services.

Service Speed and Availability

• The Service speed and bandwidth will be based on the Service plan to which You subscribe. The maximum speed You receive will depend on various factors, including but not limited to, either it is connected to network by cable or wifi, material of the wall of your premises, and the number of user using your specific connection. In addition, the speed You receive at a point in time may vary and may be less than Your maximum speed, depending on, among other things, the composition of the information or files You are accessing, usage, and traffic on the Internet, the server with which You are communicating and the networks You and others are using when communicating.
• Based on the above, ATOM do not provide any promise or warranty, expressly or impliedly, that You will be able to download or upload data at any particular speed. If You are not satisfied with the speed of Service, You should contact ATOM [customer service] +959780008080.

Electrical Power and Equipment

• The Service requires electrical power from Your premises to operate, which You are responsible for providing. You should note that in the event of a loss of supply of power, the Service will not function, consequently, it will disrupt the Service. ATOM accepts no liability or responsibility in the event of interruption of the supply of power to Your premises. You shall be responsible to use, operate and maintain all equipment related to the Service (whether ATOM Equipment or not) according to the products specifications to avoid risk of damage, including fire.

Security

• You are responsible for ensuring that Your user ID and/or password, at all times, remain confidential. ATOM may request that the customer change his User ID and/or password if deemed necessary.
• You shall not disclose Your user ID and/or password to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which You do not have access rights.
• You are responsible for taking all reasonable steps necessary to prevent a third party from obtaining access to the network. In case that You become aware of any violation or any suspected violation, You shall contact ATOM immediately.
• You are solely responsible for the set-up and security of Your own computer(s) or mobile equipment and any software that may run on the same.
• ATOM strongly recommends You to protect any computer(s) or mobile equipment with internet security or anti-virus software.

Suspension, Disconnection or Termination

• ATOM reserve the right to suspend or disconnect or terminate the Service, temporarily or permanently in the following circumstances:
  • ATOM, in its sole discretion, is of the opinion that You use the mobile equipment, or computer or services in a way which is not permitted under these Terms and Conditions;
  • ATOM, in its sole discretion, is of the opinion that the user ID or password being used to access the Services has been gained in an unauthorised, illegal, improper or fraudulent way;
  • You do not comply with or materially breach these Terms and Conditions;
  • ATOM, in its sole discretion, is of the opinion that Your payment of Service fees is by way of using stolen or otherwise barred or false debit or credit card or if the debit or credit card transaction is at some time charged back to us;
  • ATOM are informed that Your router has been broken, or lost or stolen;
  • You do anything that or allow anything to be done and ATOM believe that this may damage or affect the operation or security of the Service;
  • You become bankrupt or make any arrangement with Your creditors or You go into liquidation or if an administration order is made or a receiver is appointed over any of Your assets;
  • ATOM is permanently unable to provide the Services to You; or
  • The law or authorities or emergency services does not allow ATOM to provide the Service to You.
• In a case where suspension or termination is due, in the sole opinion of ATOM, to Your fault, then You shall lose any existing credit in Your account. However, where, in the sole opinion of ATOM, any suspension or termination is not due to any fault on Your part, ATOM shall use reasonable endeavours to reconnect You to the Service when possible and make available to You any previous credit held in Your account at the time of the suspension or termination.
• The Customer shall sign up for using their FTTH service subscription for a minimum 6 months. Should the Customer wish to terminate the service before the 6 months contract ends, the Customer shall pay MMK 60,000/- as early termination fees.

Warranties and Limitation of Liability

• ATOM shall not have any legal liability or responsibility for any loss suffered by You, including:
  • any indirect, punitive, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue, loss of information or loss of programme(s) or damage to data arising out the usage of the Service and related equipment, including the ATOM Equipment;
  • any loss of business or opportunities;
  • loss or damage caused by the use of equipment related to the Services, whether ATOM Equipment or other equipment,
  • any loss or damage that is not directly and solely caused by ATOM; or
  • any claims against You by any third party.
• ATOM does not have any responsibility for any temporary interruption which may occur as a normal events in the provision of the Service. In addition, ATOM has no control over any third-party network You may access in the course of Your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of ATOM and ATOM will not accept any liability or responsibility for any such delays or disruptions. Furthermore, ATOM does not have any responsibility or liability for any failure of performance due to any cause beyond the control of ATOM including Act of God, fire, explosion, vandalism, terrorism, cables being cut or broken, major weather disturbances, national emergencies, riots, wars, labour difficulties, supplier failures, shortages, strikes, power outages, any law or request by any government or emergency services or caused by You.
• The liability of ATOM will not be more than the lowest amount of (i) Service charges actually paid the last 12 months and (ii) Kyats 500,000, in both cases such limit applying per calendar year, for each claim or series of related claims.

Indemnity

• You shall fully indemnify, hold harmless and defend ATOM and its directors, officers, employees, subcontractors, agents, stockholders and affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney's fees and costs) ("Claims"), whether or not involving a third party claim, which arise out of or relate to any breach by You of any of these Terms and Conditions or under applicable law, whether or not caused by the negligence of ATOM and whether or not the relevant Claim has merit.

Personal Information

• We may transfer your personal information that you have provided in the CAF to countries outside Myanmar so it can be processed in a secure cloud service. When we process personal information internationally, we take appropriate steps to ensure that your personal information is adequately protected. Typically, such steps include carrying out data security reviews of any services and putting in place contracts with any third party. All data processing of personal information will be handled according to Myanmar laws and internationally accepted best practices.
• ATOM and any affiliate of ATOM has the right to use the information You supply to ATOM for the following purposes which you hereby provide your explicit and informed consent to:
  • Managing Your account, carry out customer care activities and train our staff, including monitoring calls, emails or text messages that You send us;
  • Monitoring the quality and security of the network and test and maintain our IT systems;
  • Analysing your use of the Services for marketing purposes, including, but not limited to your browsing history and use of our website.
  • Such other use as follows from the ATOM privacy notice as published on ATOM Global Privacy Notice.

Amendments to these Terms and Conditions

• ATOM may amend these Terms and Conditions at any time. You will be notified in a way reasonable by ATOM at least one week notice in advance. If You do not agree to the change made by ATOM, You must notify ATOM and stop using the Service. Continued use after notification has been sent is acceptance by You of the amendment.

Miscellaneous

• ATOM has the right to transfer this agreement to any third party at any time. You also have the right to transfer this agreement with the written approval of ATOM.

Complaints/Settlement of Disputes

• If You have any complaints, please contact ATOM at the ATOM Business Call Center Number: +959780008080.
• In case of any dispute between ATOM and You, it should be settled amicably. If the dispute does not settle amicably, it will be reach to the Court.