This Smart Internet Fair Use Policy (“Fair Use Policy”) sets forth rules for Smart subscribers in regard to the usage of the internet service provided by Smart (“Smart Internet Service”).
The Smart Internet Service is provided on a shared basis among all subscribers. Smart Internet Service user experiences an average online speed that is dependent on a number of factors, including but not limited to: user location, distance from the telecommunication base stations, proximity to buildings, hills, trees or weather conditions, indoor or outdoor location of the user (in case of indoor location, also the type of building and the location inside the building matters, i.e. the signal and online speed may be significant lower in some types of building with thick stone walls or reflective windows or in the basement), the number of concurrent subscribers, the subscribers’ mobile device capabilities, which depends on the hardware and software as well as the source of data traffic (e.g. visited websites).
The Smart Internet Service is provided on “as is” basis. Smart shall not be liable for any loss, damage, claim arising out or in connection to the Smart Internet Service’s provision.
Smart shall endeavor to provide best possible services to subscribers – ‘best effort’ – but is not guaranteeing particular download or upload speeds. In addition, Smart is committed to this Fair Use Policy to ensure all subscribers receive the best possible performance and service.
This Fair Use Policy forms an integral part of Smart General Terms and Conditions for the Provisioning of Telecommunication Services between Smart and its subscribers.
Smart reserves its right to revise this Fair Use Policy any time without prior notice to the subscribers.
2. Usage of Smart Internet Service
Subscribers shall use the Smart Internet Service in reasonable and lawful manners. Subscribers shall use the Smart Internet Service in compliance with good custom, public order and the laws and regulations of the Kingdom of Cambodia.
It shall be deemed to be an unreasonable and unlawful usage where subscribers’ usage is reasonably considered by Smart to be fraudulent or to adversely affect Smart network and/or other subscribers’ usage of or access to the Smart Internet Service and/or Smart network.
It shall be explicitly deemed to be a fraudulent usage if a subscriber resells the Smart Internet Service to other user(s) without prior approval from Smart so that the third party / parties may access the Smart Internet Service or take advantage over this Fair Use Policy.
3. Termination and Suspension of Smart Internet Service
In the event that the usage by a subscriber is deemed to be unlawful and/or unreasonable, Smart may request the subscribers to change its usage so as to be in line with this Fair Use Policy.
Should a subscriber fail to comply in its usage so as to be in line with the Fair Use Policy, Smart is entitled, without prior notice, to:
(a)suspend in part or full the provisioning of the Smart Internet Service to the subscriber for reasonable period as deemed necessary, and/or
(b)terminate the agreement between Smart and the subscriber unilaterally.