Terms and Conditions (T&C) for ATOM Power Flexi Net

    These Terms and Conditions are a binding legal agreement between ATOM Myanmar Limited, a company constituted under the laws of Myanmar with registration number 184676966 and having its registered office at No. 221, Sule Pagoda Road, Level 17,22,23, Kyauktada Township, Yangon (referred to as ATOM) and you (referred to as You or Customer).

    By using or paying for ATOM broadband internet service you are representing that you attained the age of 18 years, and, that you have read, understood and voluntarily agreed to these Terms and Conditions. You may not want to continue the service if you do not agree to the below terms and conditions.

    1. Period of Agreement

    • 1. This T&Cs shall take effect once you activate or purchased the Service and shall continue to be in force until terminated in accordance with these Terms and Conditions. For the 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 of the Service at ATOM Business Call Center (09780008080).

    2. Provision of the Service

    • 1. You shall receive any updated information about the service from ATOM Broadband Website
    • 2. 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.
    • 3. 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 andregistered the purchase via broadband.atom.com.mm website.
    • 4. 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.
    • 5. 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.
    • 6. Upon successful registration of the Service, you shall receive the following:
      • a. One (1) unit of 4G Data SIM card
      • b. a subscribed data plan as a starter package
      • c. receipt of payment (via e-mail / SMS)
      • d. printed guideline for router set-up
    • 7. You may request for:
      • a. 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.

    3. Customer responsibility

    • 1. You are responsible for making sure that Power Flexi Net or the Service is used for the following purposes but not limited to:
      • a. lawful usage of the service which is not violating any existing laws; or
      • b. not alter the registration data without requiring it by any stipulation or T&C change at ATOM end; or
      • c. 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
      • d. not alter or bypass the IMEI number by using any technology or device
      • e. 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)
    • 2. You are also responsible for the procedures with respect to use of and access to the Service Location.
    • 3. 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.)
    • 4. 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.
    • 5. 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.

    5. Fair Usage Policy

    • 1. FUP will not be applicable for this Product and Service. Service will be completely stopped as and when the plan or package purchased is running out. You need to top up or renew the Service by topping up again. It is much like your pre-paid mobile SIM card Service.

    6. Compliance with Myanmar Laws and ATOM Policy

    • 1. You shall observe the law 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
      • a. 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;
      • b. commercial purposes, unless You are on the office/corporate packages;
      • c. using for non-standard commercial purposes for corporate packages;
      • d. 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;
      • e. 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;
      • f. allowing activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person;
      • g. 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;
      • h. allowing anything that may disrupt or interfere with the ATOM network or service or cause a host or the network to crash;
      • i. launching "denial of service" attacks, "mail-bombing" attacks, "spamming" or "flooding" attacks against a host or network;
      • j. 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;
      • k. circumventing the user authentication or security process of a host or network; or
      • l. creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
    • 2. In addition, You shall not;-
      • a. un port scanning software on any ATOM network;
      • b. attempt to gain unauthorized access to any computer system; or
      • c. undertake any activity that has an adverse effect on ATOM.
    • 3. 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.

    7. Service Speed and Availability

    • 1. 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.
    • 2. 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 are not satisfied with the speed of Service, You should contact ATOM Broadband [customer service] 09780008080.

    8. Suspension, Disconnection or Termination

    • 1. ATOM reserve the right to suspend or disconnect or terminate the Service, temporarily or permanently in the following circumstances:
      • a. 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;
      • b. 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;
      • c. You do not comply with or materially breach these Terms and Conditions;
      • d. 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;
      • e. ATOM are informed that Your router has been broken, or lost or stolen;
      • f. 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;
      • g. 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;
      • h. ATOM is permanently unable to provide the Services to You; or
      • i. The law or authorities or emergency services does not allow ATOM to provide the Service to You.
    • 2. 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.
    • 3. You may terminate the Service by giving notice to the ATOM Center 15 days prior to the date of termination of the Service or before the end of month. In case of prepaid top up credit, the service will be terminated after all of your top up credit in your account has been used.
    • 4. You also have the right to terminate the Service if ATOM cannot fulfil the Service quality which is committed. Following, if you terminated under this paragraph, ATOM will refund on the credit amount in your account which you have not used.

    9. Indemnity

    • 1. 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.

    10. Personal Information

    • We may transfer your personal information that you have provided in the CAF to other jurisdictions, so it can be processed in a secured 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.

    11. Amendments to these Terms and Conditions

    • 1. ATOM may amend these Terms and Conditions at any time. You will be notified in a way reasonable ATOM at least 7days 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 for five days consecutively after serving of the notification is deemed as acceptance by You of the amendment.

    12. Miscellaneous

    • 1. 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.

    13. Complaints/Settlement of Disputes

    • 1. If You have any complaints, please contact ATOM at the ATOM Business Call Center Number: 09780008080.
    • 2. In case of any dispute between ATOM and You, it should be settled amicably. If the dispute does not settle amicably, it will be reached to relevant Customer Protection Department for the mediation in accordance with the Consumer Protection Law.
    • 3. Parties agree that all disputes arose out of or in connection with this T&Cs shall be finally settled by Arbitration. The Myanmar Arbitration Law shall be governing this clause and Arbitration mechanism. The institution of Arbitration shall be Myanmar Arbitration Centre located at UMFCCI, Yangon. The Arbitration Rules shall be MAC’s Rules and in the absence of any updated rules, Parties agree to follow the Arbitration Law of Myanmar. The number of Arbitrator shall be one appointed by the MAC . The award shall be final and binding upon the Parties.