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Service Specific Terms & Conditions – Microsoft 365

Version 1 Jul 2022 posted on 1 July 2022

General

  1. Service(s): Microsoft 365: Comprises of Maxis Microsoft SKUs License (e.g.M365 Business Basic, M365 Business Standard).
  2. "You” or “Customer”: The Business Customer signing up for Microsoft 365.
  3. The Microsoft 365 is subject to the General Terms & Conditions (“GTC”), this Service Specific Terms & Conditions (“SSTC”), 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 Summary Terms and Conditions (“STC”), shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
  6. We reserve our rights at any time, without liability to you or any third party, to revise this SSTC and/or Microsoft 365 and our pricing. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept that you are responsible for regularly reviewing information on the Microsoft 365 at www.maxis.com.my/tnc/business, including changes to the Agreement. Your continued use of the Microsoft 365 after the Effective Date of any revision/change to the terms and conditions shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate the use of Microsoft 365 by giving us notice within three (3) days from the Effective Date failing which you are assumed to have accepted the changes.
  7. You acknowledge and agree that by using the Internet in general, you may be subject to various risks, including amongst others:
    1. unauthorised invasion of your privacy during, or as a result of, you or another party’s use of the network; and
    2. unauthorised exposure of information and material you listed or sent, on or through Microsoft 365, 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.

Eligibility

  1. For existing Maxis’ customer, you are allowed to subscribe to any Maxis Microsoft SKUs License (e.g., M365 Business Basic or M365 Business Standard Or M365 Business Premium). For new customer, you must at least subscribe for other Maxis service(s).

Minimum Duration of Services

  1. Where applicable, the provision of Microsoft 365 shall continue for twelve (12) or twenty-four (24) months from the activation date (“First Term”) (as indicated in the Registration Form). Upon expiry of the First Term, Microsoft 365 shall be automatically renewed on a monthly basis on the same terms and conditions save for any changes to the monthly Charges as may be notify by Maxis to you prior to the expiry of the First Term or from time to time during the renewal terms), unless terminated by either party.
  2. With effective from 1 July 2022, the following provisions shall apply:
    1. Each subscription of new Microsoft 365 license by Customer is subject to a twelve (12) months minimum period of service (“Minimum Period of Service”). The Minimum Period of Service will automatically renew for successive terms of twelve (12) months (each, a “Renewal Term”). If you do not want to the Microsoft 365 license to automatically renew, you must provide to Maxis written notice of non-renewal at least thirty (30) days prior to the expiration of the Minimum Period of Service or any Renewal Term, as applicable. The notice of non-renewal will be effective upon the conclusion of the then current term; and
    2. you are not allowed to terminate, modify, or downgrade any Microsoft 365 license after 72 hours of the relevant Microsoft 365 license being activated.
  3. Clause 10 above is not applicable to subscription of Microsoft 365 by Customer on monthly basis and the Microsoft 365 shall continue until earlier terminated by either party by giving no lesser than thirty (30) days prior written notice to Maxis.

Termination

  1. If you terminate any Microsoft 365 license at any time,
    1. after 72 hours of the relevant license being activated and during the First Term; or
    2. effectively after 1 July 2022, during the Minimum Period of Service or any Renewal Term thereafter,
    you will be charged with an early termination fee calculated as: remaining duration of the Microsoft 365 license period x monthly recurring (“Early Termination Charge”) per license, together with all monies due and owing to us as at the date of termination.
  2. If you (i) upgrade or downgrade the Microsoft 365, (ii) re-sell, re-supply, transfer and/or assign/novate the Microsoft 365 license to a third party, or (iii) change, transfer or assign/novate the Microsoft 365 to a different payment responsible accounts, we are entitled to suspend and/or terminate the Microsoft 365 immediately without notice to you and you shall be liable to pay the Early Termination Charge, per license, together with all monies due and owing to us as at the date of termination. Upon any re-subscription of the Microsoft 365 by you, the new Minimum Period of Service shall begin anew.
  3. You acknowledge and agree that: (i) where you are bound by or otherwise subject to the License Terms imposed by Microsoft for the Microsoft 365, Microsoft may have the right to terminate the License Terms and your usage of the Microsoft 365 and (ii) where such termination is exercised by Microsoft, Maxis has the right to cease supply of the Microsoft 365 to you without any liability to compensate you for the same.
  4. You shall still be liable for all monies due and owing by you as at the date of discontinuance or termination.

Charges

  1. The Charges for the respective Microsoft 365 is set out in the Agreement and also published at www.maxis.com.my/business. Charges published are exclusive of all applicable taxes including GST (where applicable).
  2. The monthly Charges for Microsoft 365 shall be paid in full one (1) month regardless of the date of activation or termination.

License(s)

  1. We and/or Microsoft (defined below) hereby grant you the license to use the Microsoft 365. You can subscribe for a minimum of one (1) license and up to a maximum of three hundred (300) licenses (for Microsoft 365 Business) or otherwise, unlimited (for Microsoft 365 Enterprise). Each new licenses added at any time shall commence from the activation date and subject to Clause 9 and Clause 10 above.
  2. The ownership of Microsoft 365 (including all intellectual property rights) shall remain the property of Microsoft at all times and does not at any time pass to you.

Your responsibilities and obligations

  1. You acknowledge and agree that you shall:-
    1. adhere to the terms and conditions herein and at https://www.microsoft.com/licensing/docs/customeragreement (“License Terms”);
    2. not carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements, reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Microsoft 365, in whole or in part without the prior written consent of Microsoft;
    3. retain Microsoft 365 at all times in the custody and control of yourself and not permit any third party to use Microsoft 365. Use of Microsoft 365 by any third party shall be deemed to be use of Microsoft 365 by you;
    4. be solely responsible for any data transmitted or broadcasted (whether authorised by you or not) and the security of any data/information retrieved, stored or transmitted and managing the use of the storage capacity for your data/information to ensure it is within the capacity allocated to you. We are not liable for any unauthorised access to any data/information notwithstanding the cause of such unauthorised access and shall have no obligation to back up or manage the data/information;
    5. Microsoft 365 shall continue even if you suspend the mobile line(s) and/or any other Maxis services;
    6. use all precautions to prevent, and report immediately to us and/or Microsoft upon the discovery of, any fraud, unauthorised usage, or any other unlawful acts. You agree to lodge a police report whenever instructed by us and/or Microsoft and to give us and/or Microsoft a certified copy of such report;
    7. not use or permit the use of the Microsoft 365 or install, connect, link or use or permit the installation, connection, linking or use of any equipment in contravention of any law or which generates or is likely to generate traffic or usage which causes or is likely to cause congestion in or disruption to the provision or operation of any service by us or any other service provider;
    8. use Microsoft 365 according to the specifications, guidelines as stipulated in the License Terms and recommendations provided by Microsoft and/or Maxis and shall immediately disconnect or cease to use Microsoft 365 at our and/or Microsoft’s request;
    9. be responsible for obtaining and maintaining all licenses, permits, consents, authorisations and intellectual property or other rights required for the use of the Microsoft 365 and other equipment and software in your name and at your expense;
    10. ensure that all other equipment and software used in connection with the Microsoft 365 or part thereof are compatible, properly licensed and can properly function; and 
    11. not re-sell, re-supply, transfer or assign/novate the Microsoft 365 packages under this Agreement in part or in whole to any person or organization.

Liability

  1. Microsoft 365 is provided by a third party service provider, Microsoft Corporation (“Microsoft”). We exclude any liability related to it 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 Microsoft 365, whether by you or any other third party. Risk passes to you immediately upon activation of the Microsoft 365.
  2. You acknowledge that the Microsoft 365 may be subject to limitations, delays and other problems inherent in communication facilities and network, including the internet. Therefore, Maxis shall not be responsible for any delays, delivery, failures or other damage or loss resulting from such problems.
  3. You are solely responsible for any Content, Application, Software or non-Maxis materials that you load into or use together with the Microsoft 365 or create.

Customer Support

  1. Technical or customer support will be provided via a 24 hours/365 days toll free helpdesk support as published at our official website.