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Service Specific Terms & Conditions – Data Centre

Version [15 August 2022]

  1. General

    1. The Service(s): Data Centre
    2. You: Business Customer signing up for the Service(s).
    3. The use of the Service(s) is subject to the General Terms & Conditions (“GTC”), Service Specific Terms & Conditions (“SSTC”), Summary Terms & Conditions (“STC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all at www.maxis.com.my/tnc/business
    4. Capitalised terms herein have the same meaning as defined in the GTC.
    5. Any conflict or inconsistency between this SSTC, the GTC and the STC, shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
  2. Definitions and Interpretation

    1. Unless the context otherwise requires, the highlighted words shall have the following meanings:
      1. "ISP" means internet service provider.
      2. "Maxis Internet Server" means Maxis' computer system that provides connectivity to internet where you connect to receive the Service(s).
      3. "Data Center" means facility composed of a group of inter-networked computers and storage used to organize, process, store and disseminate large amounts of data within the Site(s) including any value-added features that may be added by Maxis from time to time and/or other services which are supplied by Maxis as indicated by you in Registration Form.
      4. "Service Commencement Date" means the date on which Maxis notifies you that the Service(s) is ready for use.
      5. "Sites(s)means the premise(s) designated by you in the "Installation Address" segment, including building(s) where the premise(s) is located, under or through which Our Equipment is to be placed for the provisioning of the Service(s).
  3. Provision of the Service(s)

    1. Subject to acceptance by Maxis, Maxis will provide the Service(s) to the Site(s) as requested by you.
    2. Unless otherwise provided herein, The Service(s) shall not include the provision or maintenance of your Equipment to connect to the Maxis Internet Server and/or to use the Service(s).
    3. Maxis does not guarantee or warrant: (a) the availability of the Service(s), (b) continuous, uninterrupted or secure access to the internet and (c) the data store in the Maxis Internet Server will be backed up.
    4. You shall be responsible for keeping an independent back-up of all Content stored in the space allocated to you and for the Content retrieved, stored or transmitted through the Service(s). You are solely responsible for any Content transmitted or broadcasted (whether authorised by you or not) and the security of any Content retrieved, stored or transmitted through the Service(s) and Maxis will not be liable for any unauthorised access to any Content notwithstanding the cause of such unauthorised access and shall have no obligation to back up or manage the Content.
      1. You acknowledge and agree that by using the Internet in general, you may be subject to various risks, including amongst others:
      2. unauthorised invasion of your privacy during, or as a result of, you or another party’s use of the network; and
      3. unauthorised exposure of information and material you listed or sent, on or through the Service(s), to other users, the general public or any other specific entities for whether or not the exposure of information and material was intended by you.
  4. Charges

    1. The Charges for the Service(s) and/or Equipment shall be at the rates as offered to you by Maxis and shall commence on the Service Commencement Date. You are responsible for payment of all Charges associated with the Service(s).
    2. You shall receive a rebate of up to 5% per annum of the refundable deposit paid, which shall be credited to your bill at the end of each year. The balance of the refundable deposit shall be repaid to you free of interest after the expiry or earlier termination of the Agreement, subject to the deduction of any amounts due to Maxis from you pursuant to this Agreement.
  5. Your Additional Obligations

    1. You are solely responsible for all costs and expenses arising from any service obtained by you from other service provider(s) to establish connection and/or utilise the Service(s).
    2. You are to provide adequate power points and fuses (as approved by Tenaga Nasional Berhad) for the operation of Our Equipment.
    3. You shall not remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    4. At Maxis’ request, you shall, at your own cost, disconnect your Equipment and provide all necessary assistance, to enable Maxis to perform necessary tests and/or maintenance work on the Service(s) at reasonable times.
    5. You shall, prior to reporting a Service(s) failure or problem, carry out all necessary steps to determine the cause of the Service(s) failure or problem.
    6. You are responsible to procure and implement the necessary security services required to keep your Equipment or application protected.
    7. You must use the Service(s) in a responsible manner, and always in compliance with applicable laws and must obtain all necessary licenses, permissions, approvals and permits to use the Service(s).
    8. You understand and agree not to use the Services(s) or allow any part of the Service(s) to be used:
      • for any unlawful purpose, including and without limitation, any criminal purpose in any manner which will result in civil liability for Maxis and/or Maxis’ service providers;
      • to gain unauthorised access to any computer system, whether or not connected to the internet, or any information regarded as private by other persons;
      • to send or intentionally receive any message, posting, data or material which is offensive on moral, religious or racial grounds or any threatening, harmful, unlawful, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable materials of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offence, civil liability or otherwise violate any local or international laws;
      • to carry out or assist or attempt to carry out mailbombing or any other activity which overloads any mailbox with huge e-mail(s) or numerous number of e-mails;
      • to carry out or assist or attempt to carry out spamming or any other activity that involves the sending of unsolicited e-mails which the recipient did not specifically request for;
      • to introduce, assist or attempt to introduce any computer virus or any other harmful component to Maxis and/or Maxis’ service providers or any other person’s system via the Service(s);
      • to infringe or facilitate infringement of any Intellectual Property Rights of any person;
      • for any purpose which is against public interest, public order or national harmony;
      • in violation of any laws relating to unfair competition, anti-discrimination or false advertising; and
      • other than for the purpose for which the Service(s) is subscribed.
    9. You shall not share, rent, lease, offer, resell or in any manner whatsoever give access to the Service(s) to any person without the prior written consent from Maxis.
    10. If you violated any terms of this Agreement, in Maxis’ reasonable opinion, Maxis may take any steps it deemed appropriate to protect itself from liability. You will fully cooperate with any law enforcement authorities in the event of any investigation or pursuant to a court order.
  6. Term and Termination

    1. The Minimum Period of Service for the Service(s) is one (1) year commencing from the Service Commencement Date, unless otherwise agreed between you and Maxis.
    2. Maxis may terminate this Agreement and/or the Service(s) for convenience by giving you five (5) days advance written notice.
    3. If you relocate or upgrade the Service(s) during the Term, you are not liable to pay for the remainder of the monthly recurring charges for the Term, provided you terminate this Agreement and enter into a new Agreement with Maxis for the Service(s) at the new location or for the upgraded Service(s). The new Agreement between you and Maxis will be based on the prevailing Charges and further terms and conditions imposed by Maxis.
    4. If you relocate and downgrade the Service(s), you shall continue to pay Maxis the monthly recurring charges, unless otherwise agreed by Maxis in writing.
    5. You may terminate this Agreement and/or the Service(s) by giving us thirty (30) days advance written notice and if you terminate the Agreement and/or the Service(s) during the Minimum Period of Service, you agree to pay Maxis the early termination charge which is the total monthly recurring charges for the remainder of the Minimum Period of Service.
  7. Warranty and Limitation of Liability

    1. You warrant that: (a) you have the power to enter into and observe your obligations under this Agreement, (b) you are the owner of specifications, designs and/or the materials supplied to Maxis to enable Maxis to provide the Service(s); and (c) you have not relied on any representations made by Maxis or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity materials supplied by Maxis.
    2. In addition to and not in derogation of the GTC, we exclude any liability and are not responsible for any loss, damage, liability or expenses arising from any claims whatsoever including but not limited to cyber terrorism, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of the Service(s), whether by you or any third party. Risk passes to you immediately upon activation of the Service(s).
    3. We do not control or endorse the content, messages or information found in the Service(s) and, therefore, we specifically disclaim any liability with regard to the Service(s) and any actions resulting from your use of the Service(s).
    4. The Service(s) is provided on an “As Is” and “As Available” basis. Maxis shall not be held liable for and makes no express or implied representation or warranties of any kind in relation to the Service(s). All warranties, conditions, representations, indemnities, and guarantee, with respect to the Service(s), whether express or implied, arising by law, custom, prior oral or written statements by Maxis or its agents or otherwise (including, but not limited to any warranty or merchantability, satisfaction, fitness for particular purpose or non-infringement) are hereby overridden, excluded and disclaimed.