Period of Agreement

• This Agreement shall take effect from the Activation date of the Service and shall continue to be in force until terminated in accordance with these Terms and Conditions. For avoidance of doubt, the Activation date of the Service by default is also deemed to be the same as the registration date. Pursuant to this clause, the Customer can request for termination at ATOM Business Call Centerices provided by (Entity of ATOM) that allow you to use or access the Internet.

Provision of the Service

• 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.

Provision of the Service

• You shall receive any updated information about the service from ATOM Broadband Website

• The service is only available in selected coverage areas with LTE/4G network. Meaning that you need to use a device with 4G network capability to enjoy the Service.

• Before buying, you admitted that you have checked whether your location (where you want to use the service) is within the coverage area or not and registered the purchase via broadband.atom.com.mm website.

• For registration purpose, you are required to provide personal information including contact number, e-mail address and service address to ensure the quality of connection. ATOM reserves the right to process your personal data to provide better quality or enhanced FTTH or other communication services. Agreeing to these T&Cs by you shall be deemed that you have consented to the data processing as a data subject. ATOM will store your data in accordance with the stipulations of existing laws and regulations of this jurisdiction.

• Service address provided in website must be the same with your actual used location. The Customer acknowledge that the Service location for this Service will be locked and location change request can be submitted to ATOM Business call center at anytime during the Service Term or period of the plan you purchased.

• Upon successful registration of the Service, you shall receive the following:

  • One (1) unit of 4G Data SIM card

  • a subscribed data plan as a starter package

  • receipt of payment (via e-mail / SMS)

  • printed guideline for router set-up

• You may request for:

  • Relocation of the Service address through broadband.atom.com.mm website subject to the availability of the Services at the new location. ATOM will not be obligated to change the location if the request for such change is for a location which is out of the coverage area.

ATOM Home Wireless Router

• Usage

  • The maximum number of devices can connect to wifi network is 5

• Warranty

  • The warranty period for the device is one (1) year from the date of purchase.

  • The following defects are covered in warranty: Indicators are not working (power, network status, Wi-Fi, LAN/WAN, Signal Strength), Power adapter is not working, Buttons failure, Network port is not working

  • This warranty does not cover any of below: Router have been subjected to misuse, accidental, shipping or other physical damage ,improper installation, abnormal operation or handling, neglect, inundation, fire, water or other liquid intrusion; Router has been damaged due to repair, alteration, or modification by anyone not authorized by ATOM.,That have defects or problems caused by use with non-ATOM branded products or accessories , Warranty/quality sticker or product serial number has been removed, altered or defaced, Without valid proof of purchase ,Incomplete information was provided to the ATOM Broad band's authorized service/repair center.

  • ATOM Broadband does not provide refunds under the limited warranty in any conditions. ATOM Broadband will replace defective units with new products. Product warranty periods do not renew with replacement units. The original purchase date and warranty period will apply to replacement products.

• Any Equipment installed to provide the Service belongs to ATOM and shall be returned to ATOM if Customer decides not to subscribe service anymore.

Customer Responsibility

• You are responsible for making sure that Power Flexi Net or the Service is used for the following purposes but not limited to:

  • lawful usage of the service which is not violating any existing laws; or

  • not alter the registration data without requiring it by any stipulation or T&C change at ATOM end; or

  • not providing CPE / device credentials (such as IMEI and Serial Number) to any unauthorized persons. CPE credentials - such as, but not limited to IMEI or Serial Number will be considered as proof of ownership of account; or

  • not alter or bypass the IMEI number by using any technology or device

  • not resell or simply transfer it after registering the SIM for your own use (please note that any abusive activity of the subject SIM may result to being liable by you with or without your knowledge to such act or omission)

• You are also responsible for the procedures with respect to use of and access to the Service Location.

• If you change any account details (phone number, service location) provided to ATOM after reselling or transferring the SIM, you have the responsibility to perform any after-sales process such as relocation and updating of account information through instructions provided by AML (i.e. website etc.)

• If you sold or transferred the SIM to a third party, you are obligated to explain about the Service and capability of the SIM exactly and you shall be solely liable for any claims or damages suffered by the third party or individual who purchased the SIM from you due to the lack of understanding about the Service details and dos and don’ts.

• You acknowledge that ATOM reserves the right to suspend the Service or SIM card capabilities and all other functions of the SIM card for any reasons including but not limited to 1). Being required by law to suspend, 2). You are abusing the Services to interrupt or threat other individuals or institutions, 3). You are violating any existing laws of the country, and 4). as and when ATOM is implementing any system upgrading by giving prior notice to you or to the public by means of massive communication.

Fair Usage Policy

• Fair usage policy is practiced to ensure that an optimum internet experience is available to the maximum number of users .The policy effectively deters network abuse by setting reasonable usage limits, thereby ensuring the experience of entire customer base remains acceptable

• Fair usage policy will apply on your ATOM Home Wireless Internet usage of 150 GB per 30days. After exceeding 150GB of usage, your Internet speed will be reduced to 0.5Mbps and continue using Unlimited Data for rest of 30 days. Normal Speed of 10Mbps (Maximum speed can be different based on the service location) will be available at the midnight of the last day from 30days and 150 GB will start again for next 30day. The remaining quota can't be carried forward for next 30days.

• Sending and receiving files containing very large amounts of data, including but not limited to, traffic from peer-to-peer software/applications (such as Bit Torrent) or file sharing software may cause network congestion and can be negatively impact the speed at which other customers can access the internet. Fair Usage Policy will be applied also for the usage of these peer-to-peer (P2P) data

• FUP will not be applied to the adds-on data package.

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.

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.

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.

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.