T&Cs - Postpaid Mobile (Contract)
This mobile postpaid service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
1. Definitions
1.1. “Agreement” means these T&Cs for this mobile Postpaid service, the application
form, the terms and conditions of services of any chosen bundling set plan and any
other documents, which are to be construed to be part of this Agreement. This
Agreement forms a contractual obligation and shall be legally binding on the parties.
1.2. “Device(s)” means any handset, tablet, computer, gaming console and other
hardware which are specified in the list as published on the “Devices” page of the
Progresif website and/or the list accompanying a promotional package at any time
under a Device Instalment Plan;
1.3. “Subscriber” means any individual/company named in the application form overleaf
whose application for Service or any part thereof has been approved by PROGRESIF.
1.4. “Service” means the mobile communication services provided by PROGRESIF
including but not limited to voice and video calls, text messaging, picture messaging,
voice mail and video mail, internet and data accessor any other value-added
services added from time to time.
1.5. “Mobile Subscription Account” means the usage account for the services that have
been subscribed by the individual/company as per the agreement.
2. Duration of Agreement
2.1. This Agreement shall have full force upon activation of the Service to the Subscriber
unless terminated by PROGRESIF or Subscriber in accordance with the provisions of
clause 7. In the event of suspension or termination of this Agreement, the Subscriber
shall be held liable for any accrued or outstanding fees and or/ charges remaining
unpaid.
2.2. The Subscriber must settle in full or put into place a formal payment arrangement to settle in full any outstanding amounts due for all mobile lines registered to their Mobile Subscription Accounts before they can sign up for any additional Device Instalment Plan or postpaid services.
3. Responsibility of the Subscriber
3.1. The Subscriber must possess a yellow, purple or green Brunei Darussalam
identification card (IC) to be considered eligible to enter into this Agreement.
Subscribers without a yellow, purple or green Brunei Darussalam identification card
shall provide a three (3) months valid identification card or a valid passport with an
employment pass. For a multiple lines plan (eg.Family Plan), the Subscriber can use
the Subscriber’s IC to open such a plan and be designated as the principal account
holder. The Subscriber shall provide documents in relation to proof of identity,
residential address, ability to pay and any other information deemed necessary by
Progresif prior to purchase. The Subscriber shall also: –
3.1.1. Pay all charges and fees for the Service provided by PROGRESIF, regardless of
whether such charges were authorised by the Subscriber, or the Subscriber
failing to receive such notification, or the Subscriber’s neglect to enquire as to
the nature of the Service subscribed or the outstanding fees of such subscribed
Service.
3.1.2. Continue to be liable for any applicable charges and fees during the period of
interruption, suspension or loss of Service that may occur from time to time;
3.1.3. Ensure that the SIM card shall only be used on a device or equipment
compatible with the Service provided and the network, and that the SIM card is
not modified, altered or tampered with;
3.1.4. Be solely and fully responsible for any information received, stored,
transmitted or broadcasted over the Service;
3.1.5. Comply with all notices, directions or instructions provided by PROGRESIF or
the relevant authority in relation to the use of the Service;
3.1.6. Use or view the Service as offered by PROGRESIF permitted by the terms of this
Agreement and only for the Subscriber’s lawful communications and private
usage. The Subscriber shall not exploit the Service commercially by reselling
the Service or charge others to use or view the Service;
3.1.7. Not use the Service to harass, inflict embarrassment, cause distress, irritate,
annoy or create nuisance to any person or organization;
3.1.8. Provide true, accurate, updated and complete information to PROGRESIF and
inform PROGRESIF immediately of any changes in any particulars or
information given to PROGRESIF in the application form for the services
including, but not limited to, any changes in address and/or contact
particulars;
3.1.9. Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss,
unauthorised usage or any unlawful activities with regards to the use of the
Service. Until PROGRESIF has been informed about any loss or theft, the
Subscriber will continue to be responsible for the charges incurred whether or
not it is to their knowledge or consent;
3.1.10.Cease to use and view the Service as requested by PROGRESIF or as directed
by the relevant authorities;
3.1.11.Warrants to PROGRESIF that the Subscriber is not in default of any obligations
under any laws and is not the subject of any existing or pending bankruptcy or
insolvency proceedings under the laws of Brunei Darussalam.
3.2. The Subscriber, as contrary to the intended use, shall NOT;
3.2.1. Use the service/ promotion with a device that re-routes or switches calls to or
from the network to another carrier’s network, such as the use of SIM boxing;
3.2.2. Use the service/promotion in connection with any device that switches or
reroutes calls which could keep a line open for hours, or wholesaling the
service;
3.2.3. Use the service/promotion for the purpose of transiting, refilling or aggregating
domestic or international traffic (or to wholesale supply of any service in any
manner) on the network;
3.2.4. Use the service/promotion for broadcasting to any party;
3.2.5. Use the service/promotion to make international calls without paying long
distance charges by dialing certain access numbers, or using the service for
the purposes of arbitrage;
3.2.6. Use the service/promotion with a device that automatically dials numbers
that are either generated randomly or from a list;
3.2.7. Use the service/promotion to receive or make calls on the network for the
purpose of resale, resupply or commercial exploitation;
3.2.8. Use the service/promotion for telemarketing.
3.3. The Subscriber shall abide by and be subject to any laws and regulations which may
apply to the Subscriber from time to time. The Subscriber shall also be subject to
industry rules, processes, guidelines, practices and procedures implemented from
time to time by the telecommunication industry and has been approved by the
Authority for Info-communications Technology Industry of Brunei (AITI) in relation to
or may affect the implementation and operations of the Services.
4. Contract Period
4.1. The Subscriber shall be bound by a twelve (12), eighteen (18) month or twenty-four
(24) month term contract (referred to as the “Contract Period”) with PROGRESIF
effective from the date of registration
4.2. In the event of termination within the Contract Period, the Subscriber shall be
responsible to pay PROGRESIF i) any accrued and outstanding fees and charges up
to the effective date of termination; and ii) the lower of a) the remaining monthly
rental fees for the unexpired portion of the remaining duration of the Contract period,
or b) the applicable early termination charge prescribed by PROGRESIF for the
relevant service plan.
4.3. The early termination charge referred to in Clause 4.2 shall apply only to
subscriptions or contract renewals entered into on or after 10 July 2026. For
subscriptions entered into before 10 July 2026, the Subscriber shall remain liable for
the remaining monthly subscription fees payable for the balance of the Contract
Period upon early termination, together with any other accrued and outstanding fees
and charges.
4.4. Where the Service is supplied with a Device Instalment Plan, the device-related early
termination amounts shall be determined under Clause 5 of the Progresif Device
Instalment Plan Terms and Conditions.
4.5. The Subscriber shall continue to receive the Services beyond the Contract Period,
however the Subscriber shall not be bound by clause 4.1.1, for the termination of
the contract beyond the Contract Period.
4.6. The Subscriber shall continue to be liable for the monthly rental fee beyond the
Contract Period.
5. Migration of Postpaid Mobile Plan
5.1. In the event that the Subscriber changes their postpaid mobile plan, the Subscriber
shall not carry over any remaining data onto their new postpaid mobile plan.
5.2. If the Subscriber wishes to upgrade their postpaid mobile plan, any processing fees
will be waived. The contract shall revert as the first month of either a 12-month
contract, 18-month contract or 24-month contract. Additionally, the Subscriber will
need to pay any outstanding bills.
5.3. Where the Subscriber is on the Device Instalment Plan and wishes to upgrade their
postpaid mobile plan, the processing fees will be waived however, the Subscriber
will need to pay for the remaining instalments on the device upfront in addition to
any outstanding bills. The contract shall then revert as the first month of either a 12-
month contract, an 18-month contract or 24-month contract.
5.4. If the Subscriber wishes to downgrade their postpaid mobile plan, a penalty fee of
BND100.00 will apply. In addition to the said penalty fee, the Subscriber will also
need to pay for any outstanding bills. The contract shall then revert as the first month
of an either a 12-month contract, 18-month contract or 24-month contract.
5.5. Where the Subscriber is on the Device Instalment Plan and wishes to downgrade
their postpaid mobile plan, the Subscriber will need to pay for the remaining
instalments on the device upfront, in addition to the BND100.00 penalty fee and
settlement of any outstanding bills. The contract shall then revert as the first month
of a 12-month contract, an 18-month contract or 24-month contract.
6. Fees and Charges, Deposit, Payment Terms
6.1. The Subscriber can sign-up to a maximum of five (5) postpaid mobile services under
one account. Such postpaid mobile services can be either on contract, non-contract
or both.
6.2. The Subscriber shall pay registration fees, other applicable fees and charges and
stamp duties on the terms as may be determined by PROGRESIF, which may be
varied or revised from time to time.
6.3. The Subscriber, upon registration, may be required to pay a deposit which will be
held by PROGRESIF prior to entering into the Agreement. PROGRESIF may, in its
discretion, determine and vary the sum of the deposit and reserves the right to utilise
or deduct the sum of the deposit for any outstanding amount due from the
Subscriber to PROGRESIF.
6.4. The Subscriber shall pay monthly the outstanding fees and charges on the official bill
statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit
Term”) for corporate entities from the receipt of the official bill statement.
6.5. PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond
the prescribed number of days.
6.6. In the event of late payment beyond the Credit Term, the Subscriber shall be charged
a penalty of 1.5% of the outstanding fees and charges on the official bill statement
per calendar month.
6.7. The late payment fee shall be added to the Subscriber’s official bill statement in the
following month.
6.8. For a multiple lines plan (eg. Family Plan)
6.8.1. The Subscriber shall be eligible to set up multiple supplementary line holders
as per the limits specified for the applicable plan;
6.8.2. The Subscriber as the principal account holder shall be liable to pay for all the
fees, charges and other such payments incurred by the Subscriber and any of
the Subscriber’s supplementary line holders;
6.8.3. A change of numbers to a supplementary line will be chargeable at BND 5.00
per charge after three changes are made in a calendar year;
6.8.4. PROGRESIF may impose a charge, in its sole discretion, for the termination of
supplementary lines;
6.8.5. Should the Subscriber terminate his subscription, the Subscriber shall
appoint a supplementary line holder to be the new principal account holder of
the plan.
6.9. The Subscriber shall forward all disputes relating to the fees and charges reflected
in the official bill statement in writing within fourteen (14) days from the date of the
said bill. The Subscriber shall otherwise be deemed to construe the fees and
charges in the official bill statement as correct and final and shall agree to promptly
settle all such fees and such other charges as reflected therein. No further enquiry
will be entertained.
6.10.The Subscriber, or where relevant the guarantor or company, shall bear all legal
costs and expenses incurred by PROGRESIF for any legal action or proceedings for
any breach or recovery of monies, fees, charges, costs and expenses due by the
Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF
against all costs and expenses, charges or legal fees incurred and sustained by
PROGRESIF in enforcing this Agreement (including other/any legal costs on a full
indemnity basis).
7. Billing
7.1. PROGRESIF shall make reasonable efforts to ensure that billing of customers is
timely, accurate and that all charges are made in the correct billing cycle.
7.2. PROGRESIF shall only issue online/electronic billing in relation to the Service
provided. No paper copies of bills will be provided.
7.3. PROGRESIF will notify the Subscriber via the e-mail address provided by the
Subscriber to PROGRESIF at the time of registration and applying for the Devices and
Services that bills are available to view online/electronically. The Subscriber agrees
to continually maintain the e-mail address as this will be the only means by which
PROGRESIF will inform the Subscriber that a bill is available to view.
7.4.Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills,
some charges may from time to time be missed and not billed during the appropriate
billing cycle due to errors, oversight, systems fault or malfunction, or as a
consequence of delays in receiving charges from third party providers. PROGRESIF
may then back bill the Subscriber for charges for periods prior to the current billing
cycle.
8. Suspension and Termination
8.1. Subscriber may at any time suspend or terminate this Agreement by filling in any
necessary form and documentations required by PROGRESIF. Otherwise,
Subscriber shall be deemed to terminate this Agreement upon expiry.
8.2. Accounts may only be temporarily suspended for a maximum period of twelve (12)
months provided that subscribers must settle any outstanding bills prior to the
suspension and subject to the temporary suspension fees stated in Clause 8.4.
8.3. Each mobile line may only be temporarily suspended maximum twice a year. The
Subscriber may temporarily suspend a maximum of two (2) mobile lines in their
account during the year.
8.4. For each suspended line, the Subscriber will be charged the following fees for each
suspended line:
Period of Temporary Suspension Fees
1-3 months $30.00 in total
For every month after 3 months $5.00 per month
8.5. Where subscribers’ mobile plan is tied to a Device Instalment Plan, subscribers must
pay off any outstanding balance of their monthly bill and existing Device Instalment
Plan before they are allowed to temporarily suspend services.
8.6. PROGRESIF shall have the right, in its sole discretion and without liability to the
Subscriber, at any time and without compensation, to suspend or terminate the
Service and this Agreement under the following conditions:
8.6.1. If any technical failure occurs in the Service;
8.6.2. While the Service is being upgraded, modified or maintained;
8.6.3. If the Subscriber breaches any clause in these T&Cs;
8.6.4. If the Subscriber fails to make payment of billed charges within the stipulated
credit terms;
8.6.5. If Subscriber does anything which may, in the opinion of PROGRESIF, lead to
the damage or losses to the Service; or
8.6.6. If it is in PROGRESIF’s opinion that the Service is or may be used fraudulently
or for unlawful purpose. Fraudulent use includes but not limited to resupplying
the service or giving access without PROGRESIF’s consent to a third party.
8.7. In the event of suspension, the Subscriber shall continue to be liable for the accrued
and outstanding charges and fees. PROGRESIF in its sole discretion may re-connect
the Service which had been previously suspended. Such reconnection may be
subject to payment of other charges.
8.8. PROGRESIF has the right to engage in and forward any unsettled bills or charges to
its appointed debt collecting agent and/or external legal firms who will then be
authorised to collect payment or engage legal proceedings against the Subscriber
on PROGRESIF’s behalf. Any legal or agency costs incurred as a result will be borne
solely by the Subscriber.
8.9. In the event of termination relating to clause 8.6.3, 8.6.4, 8.6.5 and 8.6.6, the
Subscriber shall pay for:
8.9.1. all fees for the agreed duration of the Contract Period;
8.9.2. any outstanding amount of the chosen plan; and
8.9.3. any other accrued and outstanding charges and fees remaining unpaid up
until the date of termination.
9. Reservations of Rights by PROGRESIF
9.1. PROGRESIF is entitled to amend, revise, discontinue, alter the Service, the terms
and conditions of this Agreement or any payment terms, and may suspend,
terminate, discontinue or substitute the Service, at any time in its sole discretion. For
the avoidance of doubt, the latest terms and conditions of this Agreement shall be
posted on PROGRESIF’s website and shall supersede any previous terms and
conditions of this Agreement.
9.2. PROGRESIF reserves the right, at any time and without notice to the Subscriber to:
9.2.1. add, delete or make changes to the Service;
9.2.2. add or substitute alternative service;
9.2.3. terminate or discontinue any services provided. Continued usage of the
Service pursuant to any of the above-mentioned revisions and alterations
shall be deemed to be acceptance by the Subscriber.
9.3. PROGRESIF reserves the right, at any time and with appropriate notice to the
Subscriber, to amend and vary any rates, fees, charges as approved by the Authority
for Info-communications Technology Industry of Brunei (AITI) or otherwise. Such
amendments and variations may be informed to the Subscriber by way of
advertisement or publication in local newspapers, leaflets, website or other form of
communication for which the Subscriber shall then be responsible for payment on
any such amendments and variations.
9.4. PROGRESIF reserves the right to charge for international calls and international
roaming rates. Subscribers who are roaming are advised to take caution of the
applicable roaming charges.
9.5. PROGRESIF reserves the right to impose and implement a fair usage policy on its
data services as communicated via its website or leaflets.
9.6. PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any
of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also
reserve the right to amend the terms and conditions of this Agreement with or
without prior notice to the Subscriber.
10.Subscribers Obligation in relation to Content
The Subscriber shall not use any content received as part of the Services and is provided
for the Subscriber’s own personal use for the purpose of copying, reproducing, distributing
or creating derivative works without prior written authorisation from the relevant copyright
owners. Any use of contents shall be subject to the respective copyright owners’ own terms
of use and policies.
11.Subscriber’s Representations and Warranties
11.1. The Subscriber represents and warrants to PROGRESIF that the information
provided by the Subscriber in the registration form is true and accurate. The
Subscriber shall immediately notify PROGRESIF of any changes in the information
as required in this Agreement.
11.2. By signing on the registration form, the Subscriber expressly consents to the use
and disclosure of any information belonging to the Subscriber to whom such
disclosure is deemed necessary for the facilitation of the Service, business,
financial, marketing or legal operations and activities of PROGRESIF, or in
compliance with any statutory or legal obligations imposed upon PROGRESIF by
any relevant agency or authorities.
11.3. The Subscriber acknowledges and agrees that the provision of services and/or the
use of PROGRESIF services are subject to inherent risks and uncertainties.
PROGRESIF makes no representations or warranties that the Service shall be free
of errors, service interruption, and interception, free from malfunction,
unauthorized intrusions e.g spamming or access by any known or unknown third
parties.
12.Disclaimer
12.1. PROGRESIF shall provide the Service on an “As Is” and “As Available” basis.
PROGRESIF and/or its shareholders, directors, officers and permitted assignees
shall not be held liable or responsible for any unavailability, inaccessibility and
interrupted use of the Service and security of the data or information transmitted
to and from the Subscriber via the Service. PROGRESIF shall not be held
responsible or liable for interruptions to the Service including but not limited to:
failure or downtime in: power, base stations, satellite or satellite transmissions,
service equipment, signal processing, uplink equipment and such other
interruptions of a technical nature.
12.2. PROGRESIF makes no representation or warranties, express or implied with
respect to the use/access, inability to use/access any of the services provided.
13. Limitation of Liability
13.1. PROGRESIF shall not be made liable for any loss or damage in contract or in tort
(whether direct, indirect, incidental or consequential) suffered by the Subscriber,
or for loss of business, revenue, or profits of the Subscriber, or any damages,
death or injuries sustained by the Subscriber or damage to the Subscriber’s
property resulting from the use or inability to use the Service, any malfunctioning
of the Service or any act, omission, error or default by PROGRESIF in respect of
the Service.
13.2. PROGRESIF shall not be liable to the Subscriber for any claims or for any
additional costs incurred by the Subscriber in obtaining substitute services, nor
shall PROGRESIF be held liable for any legal claims for libel, slander, infringement
of any intellectual property rights as a result of the Subscriber’s use of the Service.
13.3. Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in
contract and in tort shall not exceed the sum of $300.00 at any given time.
13.4. Without prejudice to the above, PROGRESIF shall not be held liable for any
recharging or top-up error caused by the Subscriber or any third party.
14. Force Majeure
PROGRESIF shall not be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of PROGRESIF.
15.Assignment
PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. Subscriber shall not be entitled to assign any of its rights or obligations under this Agreement.
16.Notices
All correspondences, requests and notices by PROGRESIF to the Subscriber shall be sent via post or other means communicated at that relevant time to the last known address provided by Subscriber to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media pages, websites etc.
17.SIM card
The SIM card shall remain the property of PROGRESIF at all times and any lost or found SIM cards should be reported and returned to any PROGRESIF retail stores across Brunei Darussalam or Progresif Headquarters.
18.Promotional Package
Any offers and service plans are accurate at the time of printing and may be subject to
changes without prior notice. Devices or other hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.
19.Waiver
Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
20.Prevailing Language
This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.
21.Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei
Darussalam.
