GENERAL TERMS & CONDITIONS OF SERVICE(S) – MAXIS BUSINESS
Version 22 December 2021 posted on 22 December 2021
*All terms that are in BOLD are defined at the Definitions section located at the end of this document.
The Service(s) are made available to you by Maxis, subject to the following:-
- this General Terms & Conditions (“GTC”) which applies to all Service(s);
- the Summary Terms & Conditions for the GTC (“STC”);
- the Service Specific Terms & Conditions (“SSTCs”) which are the specific terms and conditions for a particular Service(s) subscribed by you;
- Maxis Fair Usage Policy;
- policies and procedures applicable to the particular Service(s); and
- all other documents either expressly referred to in any of the documents stated above or as may be entered between the parties;
(collectively referred to as “Agreement”) which shall be read together.
- You shall be deemed to have accepted and be bound by the Agreement, as amended from time to time, and such other terms and conditions as we may impose from time to time upon Activation of the Service(s) to you and shall continue to be in force and effect until the Agreement is terminated or expires in accordance with the terms of the Agreement.
- This GTC supersedes and substitutes all previous general terms and conditions for the Service(s) you have with Maxis unless otherwise specified.
Any conflict and/or inconsistency between the terms and conditions of the STC, GTC and the applicable SSTCs shall be construed in the following order of precedence (in descending order):
For the avoidance of doubt, any conflict and/or inconsistency between any other additional document(s) shall be construed in accordance with the order of precedence stated in the additional document(s).
BECOMING OUR CUSTOMER
- To be eligible to subscribe to the Service(s), you must be our Business Customer or an employee or contract staff of a Business Customer who is 18 years old and above. Each particular Service may have additional eligibility requirements as set out in the SSTC and such eligibility requirements shall be in addition to those set out in this GTC. You hereby acknowledge and agree that the Service(s) is meant to be provided to our Business Customer and the Service(s) are not provided or consumed for personal or household purpose, use or consumption.
- Notwithstanding Clause 2.1, on your application to us for the Service(s), we will determine, at our sole and absolute discretion, if the Service(s) may be made available to you.
We may decline to make available or supply the Service(s) to you based on reasons which may include but is not limited to the following:
- your eligibility for the Service(s) is not met;
- the non-availability of the Service(s), in which case your application will be kept in our records as an application pending availability of the Service(s); and/or
- your failure to comply with our credit and registration requirements.
YOUR RESPONSIBILITIES AND OBLIGATIONS
Your use of the Service(s)
- You are fully responsible for use of the Service(s) and/or Content disseminated through the Service(s) and/or your account(s), whether by you or by any third party.
You are required to:-
- provide us with accurate and complete information and inform us in writing immediately of any changes to such information provided, including any changes in your address, business and/or contact particulars;
- ensure compatibility of Your Equipment, Mobile Equipment and/or Mobile Device with our system and where applicable ensure that you have obtained all required consent for installation of Your Equipment and Our Equipment at the Premises;
- comply with all applicable laws of Malaysia, including but not limited to the Communications and Multimedia Act 1998, its subsidiary legislation, standards, codes (including Content Code of the Communications and Multimedia Content Forum, which can be found at http://www.cmcf.my), notices, guidelines and/or restrictions issued by the government, regulatory agencies and/or Maxis or other Service Providers on the use of the Service(s) or any telecommunication system and equipment;
- comply with all notices or directions issued by us from time to time for the effective implementation, delivery and/or provision of the Service(s); and
- take all reasonable steps to prevent spamming, fraudulent, defamatory, offensive, improper, immoral and indecent actions and/or illegal use of the Service(s).
In the use of our Service(s) you agree:
not to use or allow any part of the Service(s) to be used:
- in spamming by sending unsolicited or unwelcome or bulk electronic mail or messages to anyone or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations or otherwise cause excessive or disproportionate load on the Service(s);
- to advertise, transmit, store, post, display, or otherwise make available pornographic materials and/or any form of child sexual abuse material;
- for any illegal or improper purposes such as, but not limited to, vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character;
- for any purpose which is against public interest, public order or national harmony;
- to publish or transmit defamatory, infringing, obscene or unlawful material;
- to forge or misrepresent message headers (in whole or in part), to mask the originator of the message or employing any other method to disguise or mislead any user name or the source or quantity of the emails transmitted;
- to advertise, transmit, post, facilitate or solicit any Content, product or service that contains malware or any other harmful, damaging or destructive programmes or software or make them available;
- to make or attempt any illegal or unauthorised access to any part or component of the Service(s), the Network or any third party equipment, accounts, systems or networks whether directly or otherwise; or to carry out or attempt any activity (including preparatory work) involving system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on our servers or Network or Service Providers’ servers or network;
- to disrupt or undermine the security of the various networks and systems that are connected to the Service(s) or violate the regulations, policies or procedures of such networks. This may include updating software that is known to be vulnerable to malicious activity or exploitation;
- to violate any party’s rights or affect other users' enjoyment of or access to any Service(s) or cause annoyance, harassment, abuse, threat, irritation, inconvenience or anxiety to anyone, including but not limited to denial of service attacks, pinging and mailbombing, fraud or pirating software;
- in any way which infringes an individual’s privacy or other personal rights or any party’s intellectual property rights;
- to engage in any activity that we determine to be harmful to our customers, operations, reputation, goodwill or customer relations;
- for resale or otherwise to be provided to third parties without our prior written consent, whether for profit or not;
- in violation of any laws relating to unfair competition, anti-discrimination or false advertising; or
- in contravention of any usage policies which may be stipulated by Maxis from time to time.
- Other than as allowed under the Service(s), not to use, copy, disseminate or provide any information or Content or any parts or derivatives thereof (whether in its original or adapted form) received as part of the Service(s), whether tradable or otherwise;
- To comply with the Licensor’s terms and conditions including but not limited to any end-user licence agreement or any other terms in connection with the grant to you of any right or licence to use the Service(s), and ensure that your end user will comply with the same;
- To always use caution when giving out any personally identifiable information about yourself, your Personnel or your customers via the Service(s);
- Not to carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to the Service(s) without our prior written consent;
- To retain the Service(s) at all times in the custody and control of yourself and not permit any third party to use the Service(s). Notwithstanding the foregoing, use of the Service(s) by any third party shall be deemed to be use of the Service(s) by you which you shall be liable and responsible for;
- To be solely responsible for any Content 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;
- Not to suspend the Service(s) at any time unless otherwise allowed by Maxis;
- Where the Service(s) may be accessed through mobile application and/or web application, to access the Service(s) via the interface provided by Maxis and not by any other automated means or interfaces which you do so at your own risk;
- To use the Service(s) including uploading and providing information and data through the Service(s) at your own risk;
- Not use or permit the use of the Service(s) or install, connect, link or use or permit the installation, connection or linking or use of any unauthorised equipment and/or software with the Service(s) in contravention of any law;
- To use the Service(s) according to the specifications, guidelines and recommendations and shall immediately disconnect or cease to use the Service(s) at our request;
- To be adequately insured with a reputable insurer against all risks which a prudent person carrying on its business would insure against; and
- To be responsible for obtaining and maintaining all licences, permits, consents, authorisations required and any other rights for Your Equipment and software in your name and at your expense in order for you to use the Service(s).
- We may, at our discretion (but not obliged to), refuse or remove access to any Content, products or services which you transmit, make available, access, use or acquire via the Service(s), including those which may or are alleged to contravene the laws of Malaysia, improper, false, defamatory, menacing, abusive, offensive, obscene, indecent, threatening, harassing, objectionable or illegal or infringe any party’s intellectual property rights.
- We make no warranty as to the accuracy, reliability or quality of any Content accessed and/or obtained through the Service(s).
- You undertake, represent, and warrant that: (a) you have the power to enter into and observe your obligations under the Agreement; and (b) 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.
Your usage of the Service(s) where it affects our Network
You must not use or allow any part of the Service(s) to be used for any activity which would or is likely to:
- generate Network traffic in excess of reasonable and normal usage and/or cause congestion to our Network;
- cause other users to be affected in their enjoyment and/or use of the Service(s); or
- cause any disruption, interference, interruption or degradation in the Network or the Service(s).
Security related to the Service(s)
- Where user identification is necessary to access the Service(s), you must use the requisite user identification. You are fully responsible for and must ensure the security and secrecy of your login identification, passwords, PINs or email or other accounts given to, chosen by or owned by you. You must ensure that these are not revealed to any third party as you are fully responsible for all activities that occur thereunder, whether or not such activities were carried out with your express consent and/or knowledge or otherwise.
- We may refuse, change or remove login identification, password(s) or PIN which we deem inappropriate.
- If you discover or suspect any unauthorised use or disclosure of your login identification, password(s) or PIN or that your account security has been compromised, you must immediately inform us and change your password(s) or PIN.
- You are advised to change your password(s), PIN or any other security identification regularly and to set up security of computers and any servers that may run on the computers to protect your own security.
You acknowledge and agree that by using the internet in general, you may be subject to various risks, including amongst other things:-
- unauthorised invasion of your privacy during, or as a result of, you or another party’s use of the Network or the Service(s);
- 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 which the information and material was not intended by you.
- The security of your account, Your Equipment, network and systems, including any Content stored, sent or received through these mediums, is your own responsibility. You agree that we cannot guarantee and will not be liable for and we disclaim any and all liabilities with regard to any transmission, information or Content through the Service(s) or our Network. You agree that we will not be held liable or responsible in any way for any prohibited and/or unauthorised use of the Service(s).
- You must report immediately to us (within 24 hours) upon discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to your Mobile Equipment, Mobile Device, Mobile Number or SIM Card, Our Equipment or Your Equipment and its use in respect of the Service(s). You agree to lodge and provide us a certified copy of a police report, if needed. You will remain responsible for all transactions and access using the account and/or Log-on Detail by any third party whether authorised by you or not, until the report is formally made to us. You agree we will not be liable for any unauthorised access to your data even where the access occurs as a result of a fault in our Network or any other equipment or Software owned, operated or supplied by us.
- We are not responsible in any way for and do not endorse any third party services or products.
Installation of Equipment (for applicable Service(s))
- You must obtain and maintain at your own cost all necessary equipment, hardware, software, communications equipment and network infrastructures required to access and use the Service(s), including hubs, routers, servers (for networking purposes), compliant and certified modem or any equipment which is compliant with the Service(s).
- Where you request for our appointed contractor to conduct additional services not covered under the Service(s), (e.g. non-standard cabling or wiring, or technical investigation to identify and rectify any problem arising from Your Equipment), you will bear all costs and expenses imposed by the appointed contractor.
- Where you request for our appointed contractor to conduct additional services in accordance with Clause 3.17, you acknowledge and agree that you appoint them at your own risk and will not hold Maxis liable for their fault and/or negligence, as they are independent of Maxis. Accordingly, you acknowledge and agree that we will not be responsible or liable in any way to you and/or any other party for any additional services provided by the appointed contractor, and/or for any technical problems, loss, interruption or unavailability of the Service(s), loss or damage to any property (including Your Equipment or your property), or injury to any person howsoever caused (including negligence). We will not be responsible or liable in any way to you and/or any other party for any additional support services provided by the appointed contractor.
- If there is any interruption, loss or unavailability of the Service(s) and/or any technical faults encountered with Our Equipment, you may request for technical support and basic troubleshooting of the same from us. If upon visiting your Premises, we and/or our appointed contractor determine that such interruption, loss or unavailability of the Service(s) is not attributable to or caused by any fault in Our Equipment or our Network, we are entitled to impose Charges at rates as prescribed by us from time to time.
- The Service(s) does not include technical support or maintenance of Your Equipment, your Mobile Device, your Mobile Equipment and any other computer, equipment or software required by you to use the Service(s) or to connect to Our Equipment. We may, at our own discretion, provide necessary advice to you in configuring Your Equipment, your Mobile Device or your Mobile Equipment to utilise the Service(s).
Our Equipment and Your Equipment (For applicable Service(s))
- The provision of Our Equipment is subject to stock availability.
- You will, without charges, provide access to your Premises, space, power feed, licence, right of way, easement and such reasonable assistance as required to undertake installation of Our Equipment, and from time to time, maintaining Our Equipment and the Network. When possible, we will give you reasonable advance notice of the required access. If you (a) cancel any appointment made for our Personnel to be at your premises to install, inspect, maintain or repair Our Equipment or Service(s); or (b) our Personnel is denied access at the appointed venue, date and time to carry out such installation, inspection, maintenance or repair for any reason not attributable to us and/or our Personnel, we may, at our sole and absolute discretion, charge you such fee for the cancellation at such rate as may be determined by us.
- You must take all appropriate measures to protect and safeguard Our Equipment, Your Equipment, data and network.
In respect of Our Equipment, you must –
- take reasonable and proper care of Our Equipment and keep the same in good and serviceable condition (reasonable fair wear and tear excepted);
- use Our Equipment in a good and careful manner, in a proper environment and in accordance with all applicable laws and regulations and for no other purpose than that for which Our Equipment were designed;
- not make or cause to be made any alterations, amendment, modification, enhancement or addition to Our Equipment without our prior written consent and that any such alteration or modification of whatsoever kind shall belong to and become the property of and part of Our Equipment;
- adhere to all instructions and notice given by us and any relevant authority on the use of Our Equipment;
- not by any act or default render Our Equipment liable to any distress execution or other legal process or to suffer the appointment or the presentation of a petition for the appointment of an administrator under any insolvency laws for the time being in force;
- not remove any copyright notices, Maxis’ branding or logos and/or other original labelling affixed to Our Equipment;
- be responsible for all repair costs incurred in relation to Our Equipment howsoever caused;
- return Our Equipment in the same condition as was provided to you (except normal wear and tear) upon termination or expiry of the Service(s); and
- be liable to pay us for Our Equipment which you fail to return upon termination or expiry of the Service(s).
- We will always remain the owner of Our Equipment where Our Equipment is provisioned to you. You must not resell, part possession or allow anyone to modify and/or tamper with Our Equipment. Further, you shall not remove, relocate or cause the removal or relocation of Our Equipment without our prior written permission.
You must ensure that all Your Equipment, your Mobile Device, your Mobile Equipment and software used for the Service(s) and/or connected with or used with Our Equipment or Network, is:
- lawfully owned by you and/or leased, rented or licensed to you;
- are typed approved by the relevant authorities;
- is compatible and functioning properly; and
- are fully compliant with all applicable laws including health and safety laws and environmental laws.
- We will not be liable for any loss of or damage to Your Equipment, Mobile Equipment and/or Mobile Device howsoever caused including for Matters Beyond Our Reasonable Control whilst using Our Equipment and Service(s).
- We will not be liable if we are unable to replace Our Equipment to a similar model or type as provided to you previously. We are entitled to replace Our Equipment to any model or type available at the relevant time.
All Mobile Device, Mobile Equipment, any other devices and equipment together with accessories which are purchased from us are subject to the terms and conditions and covered under warranty (if any) provided by the relevant manufacturer. If there is any defect, you are required to deal directly with the manufacturer or visit their service centers for any replacement or warranty claims, unless otherwise instructed by us. The scope of warranty can be found in the relevant manufacturer’s terms and conditions. Generally the warranty does not cover defects or damages as a result of:-
- natural wear and tear including but not limited to scratches, dents or surface coatings that have diminished over time;
- service (including upgrades, repairs, modifications or disassembly) performed by unauthorised persons;
- improper use or failure to comply with operating instructions given by the manufacturer;
- use of non-original components or connection to any other unauthorised hardware or software;
- where the fault is not covered under warranty;
- any other reasons for which the manufacturer is not responsible.
- We may impose a charge for the replacement of Our Equipment or any part(s) thereof if the replacement is not part of the warranty or where the warranty period has expired, irrespective of the cause of the damage to Our Equipment. Any attempt to repair, service or tamper with Our Equipment by a person not authorised by us may invalidate the warranty and may result in an impaired user experience.
- Service(s) will be performed by Maxis, itself and/or through its partners and/or subcontractors.
- Maxis will remain responsible for the obligations performed by any of its partners and/or subcontractors to the same extent as if such obligations were performed by Maxis and will be Customer’s sole point of contact for the Service(s).
Your use of the Service(s) including Mobile Device roaming charges under your account is subject to your credit limit and you are fully responsible to ensure your use of the Service(s) and other usage charges do not exceed your credit limit. At your request and/or when we deem fit, your credit limit may be reduced or increased subject to further terms and conditions. We are entitled to bar or suspend (without notice) the Service(s) or part thereof if you exceed your credit limit. We are not liable for suspension, barring of the Service(s) if the Charges incurred for your usage exceeds your credit limit. You acknowledge and understand that suspension and barring of the Service(s) may not be immediate or on real time basis even if the Charges incurred for your usage exceeds your credit limit, this includes international roaming services where the charges will be passed to a roaming partner whose charges will be reflected in your bill statement later. Any failure to suspend or bar the Service(s) will not operate as waiver of our rights. You must promptly pay for your Service(s) and other usage charges including amount in excess of your credit limit.
We may, utilise any credit balance in the value of Ringgit Malaysia Ten (RM10.00) and below in a deactivated account (this amount may be changed from time to time) as administration fees for the Service(s) and/or other services as may be provided by us and/or our Related Corporations.
We may, at our discretion:
- require a deposit or upfront payment from you as security for the performance of your obligations to us;
- with notice require you to increase your deposit from time to time; and
- use the deposit at any time to offset any outstanding Charges and any amounts due under any account with us.
Any balance will be refunded to you after termination of the Agreement and payment of all outstanding amounts due to us.
A deposit does not relieve you from your obligations to pay any Charges, nor does it waive our rights to suspend, disconnect or terminate any Service(s) due to non-payment.
BILLING & PAYING FOR SERVICES
You are responsible to promptly pay for all Charges for the Service(s) under your account whether the Service(s) is or are used by you or a third party (whether with your consent or otherwise) and irrespective of whether it had exceeded your credit limit. The Charges include the payment of all the Service(s) charges and any other related charges due to Maxis pursuant to this GTC and SSTCs applicable to you. All Charges are payable in Ringgit Malaysia.
If the Mobile Equipment or Mobile Device does not belong to you or if someone else is paying for the Charges, please obtain that person’s consent before using the Service(s).
Subject to Clause 16.2, you will be charged for the Service(s) in accordance with Maxis’ pricing plan found in the Registration Form, SSTCs or on our official website. Upon expiry of the plan, you will be charged Maxis’ current prevailing rates for the Service(s).
We may introduce other modes of billing from time to time by giving you prior notice.
You must ensure your bills are settled by the payment date set out in your bill. All Charges are due as soon as the bill is issued.
Subject to Clause 21.1 below, we are entitled, without liability, to bar, suspend, restrict, disconnect or terminate the Service(s) , and/or disconnect or repossess Our Equipment, if any bill or part thereof remains unpaid after the payment date, whether such amounts exceed your credit limit or you have not received the bill. A reconnection fee or other Charges may be imposed on you for reconnection of the Service(s) or for reconnecting or retaking possession of Our Equipment. You are liable for all legal, administrative and other costs, for claims made by us against you.
You continue to be responsible for and must pay all Charges during the period of any suspension, restriction, interruption or loss of the Service(s) whether or not at your request or caused by your default.
You must inform us in writing, within fourteen (14) days from the date of your bill statement, if you wish to reasonably dispute your bill, failing which the bill will be deemed to be accurate. We will investigate such dispute and if the dispute is resolved in our favour, you must pay the disputed sum immediately and you may incur an administrative fee for the investigation, late payment interests, legal costs and collection expenses incurred by us. If we agree there is a mistake in your bill, we will adjust your next bill accordingly.
If any Charges remain unpaid after the due date, we may charge late payment interest at the rate of 1.5% per month on such overdue amount. We may waive or revise late payment interest or Charges at our discretion.
If you use more than one of our Service(s), you will specify which Service(s) under your bill you are making payment for. If you do not identify the Service(s) for which payment has been made, we may allocate any payment you make towards any outstanding amount for any Service(s) in such manner and proportion as we deem appropriate. In addition, we are entitled to transfer any credit or debit balance under one account to another without prior notification to you. All payments will be applied first to bills in arrears, including interest and penalties, the balance, if any, to be applied to the current bill.
In the absence of fraud or manifest error, we may rely on each bill as conclusive evidence against you of the accuracy and completeness of its entire content unless disputed in the manner stated above. You are responsible for paying all Charges without any counterclaim, deduction, set off or withholding.
Where you opt for payment through Direct Debit and Maxis Pay (for all Service(s) other than prepaid services)
Where payment for Charges is made by way of Direct Debit and/or Maxis Pay, you confirm and agree that:
- the information you provide us is true and accurate;>
- the Card you choose for Direct Debit and/or Maxis Pay is in your name. If the Card you choose is in the name of a third party, you confirm and undertake that the Cardholder has authorised you to use the Card for purposes of Direct Debit and/or Maxis Pay;>
- you are the lawful and authorised holder of the Card or where the Card belongs to a third party, the Cardholder is the lawful and authorised holder of the Card;>
- the Card is valid and has not expired and will remain valid and unexpired throughout the duration of your use of Direct Debit and/or Maxis Pay; and>
- the Card has not been suspended or terminated.
There is an interval of at least fourteen (14) days from receipt by us of the completed registration form for the processing and activation of Direct Debit and/or Maxis Pay.
We are entitled at our discretion to approve or reject applications for Direct Debit and/or Maxis Pay. You will be notified if your application has been rejected in which case payment must be made via other payment channels such as at the Maxis Centres, self-serve payment kiosks, payment outlets/channels, Pos Malaysia, online services or banks’ payment channel.
You expressly authorise us to:
- verify information supplied for registration with the Card Issuer or any third party as may be necessary;
- forward your call transactions, billings and other details to the Bank, the Card Issuer and other relevant parties for and in connection with the Direct Debit and/or Maxis Pay;
- share your information contained in our database on with our Related Corporations, corporate shareholders, third parties and/or relevant authorities for the provision of integrated or related services and/or towards the detection and prevention of crime and/or lawful purposes.
We will not be liable to you:
- if the Card is not honoured by the Bank or the Card Issuer;
- if provision of or authorisation to the Cardholder for Direct Debit and/or Maxis Pay is denied/refused or suspended at any time by any party for any reason; or
- if we are unable to or delay in providing Direct Debit and/or Maxis Pay for any other circumstances beyond our reasonable control (e.g. power failure).
You confirm and agree that Direct Debit and/or Maxis Pay is only applicable for settlement of periodic Maxis bills and you agree that all and any other payments outside the periodic bill cycle will be promptly settled via other payment channels as set out in Clause 6.14 above.
Notwithstanding a transaction may have been completed via Direct Debit and/or Maxis Pay and your particular Maxis bill has been credited as paid, we may reverse any payment entry in your statement of account and you are required to pay such unpaid amount in the following circumstances:
- the transaction is cancelled for any reason by the Bank or the Card Issuer;
- the transaction is found to be incomplete, illegal or fraudulent;
- the transaction is a “Declined Authorisation” or one with a non-corresponding authorisation code;
- the transaction sum or part thereof exceeds the Cardholder’s authorised credit limit;
- the relevant Card has expired, is terminated or invalid for any reason;
- the transaction was entered into without authorisation of the Cardholder or the Cardholder disputes the transaction or denies liability;
- the transaction was carried out or credit was given to you in circumstances constituting a breach of any express or implied term, condition, representation or duty by you;
- the performance of the Direct Debit and/or Maxis Pay transaction or the use of the Card involves a violation of the law, rules or regulations of any governmental or regulatory body, notwithstanding that we may have notice of the same at the time when the transaction was carried out; or
- at our, the Bank’s or the Card Issuer’s discretion.
The Service(s) may be automatically suspended, disconnected or terminated with immediate effect where the Card is cancelled by the Bank or the Card Issuer.
CONTENT, PRODUCTS AND SERVICE(S) PROVISIONED TO YOU ON FREE A TRIAL BASIS
Where Service(s) are provided on a free trial basis, you agree that upon expiry of the free trial period as per our Agreement, the full Charges for that Service(s) will apply. You agree that display of the applicable Charges for the Service(s) on our official website or applications or as notified by Maxis will constitute notice of the Charges.
If your subscription for Service(s) is made pursuant to a promotional package, you agree that all additional terms and conditions applicable to that package will apply. We reserve the right to withdraw without liability any promotional package at any time without assigning reasons.
Where the promotional package involves a third party, you must also comply with all requirements imposed by that third party and we may take any action to protect their interests.
MOBILE NUMBER AND SIM CARD
The Mobile Number and SIM Card will remain Maxis’ property at all times and the property of the Mobile Number does not at any time pass to you. We grant you the right to use the Mobile Number and SIM Card for purposes of your usage of the Service(s). We may revoke the Mobile Number where the Service(s) is terminated or where you are in breach of any terms and conditions of the Agreement, unless the number has been Ported. You must not resell or allow anyone to modify and/or tamper with the Mobile Number and the SIM Card. In addition, you shall ensure that the SIM Card is used fully in compliant with all applicable laws
The Service(s) and/or features to be provided under the SIM Card will depend on the type of Mobile Equipment or Mobile Device used by you.
You must not change or transfer your Mobile Number and/or SIM Card to any other person without our prior written approval.
You must register and obtain our prior approval if you intend to obtain a second or further SIM Card and pay all fees and Charges required for the new subscription. The Agreement will apply with respect to the additional SIM Card.
You agree to be fully responsible for usage of the SIM Card and Charges incurred including the use by any other person whether or not authorized by you.
Maxis may reallocate, withdraw or change such Mobile Number as a result of applicable law or instructions from the relevant authorities, but will endeavour to take reasonable steps to prevent disruption.
You must use all precautions to prevent loss, theft, cloning and/or unauthorised use of the SIM Card. If any of these things happen, you will immediately notify us of the same and you shall remain liable for all Charges incurred by use of the SIM Card and/or Mobile Number. Maxis is not responsible or liable for any loss, damage, costs, personal injury or expenses arising directly or indirectly from the loss, theft, cloning and/or unauthorised use of the SIM Card. Replacement of a SIM Card is subject to payments as may be prescribed by us.
We will only replace a defective SIM Card at no cost to you if the defect is proven to our satisfaction to be caused by the manufacturer within 12 months from the date of issuance of the SIM Card.
PRINCIPAL LINE HOLDER AND SUPPLEMENTARY LINE(S) [This Clause shall apply if you subscribe for mobile telecommunication Service(s)]
The principal line holder shall be solely liable for all charges incurred for and all outstanding amounts owing to us by any or all supplementary line(s) user(s) upon the Activation of the said supplementary line(s). As a principal line holder, you may terminate the Service(s)offered under the supplementary line by notice in writing to us. You will remain liable for all Charges incurred under the supplementary line(s), up to and including the effective date of termination. We are not obliged or responsible to verify the transactions of the supplementary line(s) holder(s) with the principal line holder.
Subject to Clause 4, the principal line holder and supplementary line user(s) shares the credit limit where the supplementary line(s) are registered in the same account.
All principal line holders of selected postpaid plans as published on our website with the prior written consent of a Business Customer are eligible, to apply for a separate account with separate billing, credit limit and other conditions as stated under this Clause 10 for existing and new supplementary line user(s) under the principal line holder’s account.
For supplementary line(s) users, billing shall be sent to the principal line holder’s address unless otherwise informed.
Savings or discounts between principal line holders and supplementary line(s) are not applicable to supplementary line users under a supplementary account structure that is separate from the principal line holder’s account. You will be notified as and when the savings or discounts are applicable to the said separate supplementary account feature.
The supplementary line user will have access to check account information and to subscribe to Maxis’ postpaid value added services with the consent from the principal line holder and/or the Business Customer. The principal line holder, will be responsible for all such charges or subscription(s) by the supplementary line holder.
Under the separate supplementary account feature, only the principal line holder can apply for increase in credit limit for each supplementary line, international roaming services or any other Service(s) as may be determined by us from time to time.
We may bar or terminate all lines in your account for any reason whatsoever including situations where any supplementary line user(s) in a separate supplementary account structure defaults in payment.
International roaming services for Mobile Devices outside Malaysia is available in countries as stated on our website at www.maxis.com.my. A deposit may be required for international roaming services to certain countries.
We reserve the right to determine, at our discretion, whether you or a supplementary line user is eligible for and/or will be offered the international roaming services.
We and the operator of the visited foreign telecommunication services network shall not be liable for any loss or damage which you and/or a supplementary line user may incur, sustain and/or suffer from or through the suspension/termination/interruption/loss of or inability to use the international roaming services due to any cause whatsoever.
You and/or a supplementary line user of the international roaming services shall be subject to all terms and conditions of the Agreement and such other terms and conditions as we deem fit to impose from time to time including in respect of additional charges when using the international roaming service.
MOBILE NUMBER PORTABILITY (MNP) – What you need to know about Mobile Number Portability. [This Clause shall apply if you subscribe for mobile telecommunication Service(s)]
You confirm and agree that:
- the Mobile Numbers requested for Porting by you must be in the range of Mobile Numbers as approved by SKMM from time to time;
- the Mobile Number Portability request may be subject to a non-refundable porting fee;
- Mobile Number Portability is subject to existing geographic numbering requirements;
- only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended, terminated, blacklisted on the defaulters database and/or barred will not be eligible for Porting;
- we may, upon receipt of a Port request, notify you by way of SMS the progress of your Port request; and
- we may, upon receipt of a Port request, send you a validation SMS to confirm the Porting out process, wherein your failure to respond to the validation SMS may result in a Port request being rejected by us.
You are allowed to Port from prepaid Service(s) to postpaid Service(s) and vice versa. However, you agree and accept that all Porting requests are subject to our terms and conditions for new registration.
You confirm and agree that all your services associated with the Mobile Number provided by the Donor Network Operator (“DNO”), including value added services, rate plans, Charges and fees will be terminated when the SIM Card of the DNO is deactivated upon your successful Porting to the Recipient Network Operator (“RNO”) and Activation of Maxis’ SIM Card. We will not be liable or responsible to you or any third party claiming through you for any loss or damage whether direct, indirect, special or consequential, or for loss of business, revenue, profits, goodwill, anticipated savings or wasted expenditure or of any nature suffered by you, or any other person, or any injury caused to or suffered by a person or damage to property by reason of termination of the DNO SIM Card and services associated with the Mobile Number provided by the DNO.
You are responsible for identifying the supplementary Mobile Numbers that you wish to Port along with your primary Mobile Numbers and to provide all information necessary to satisfy us to proceed with the Porting request.
You confirm and agree that your request to Port your Mobile Number is a notice to terminate your subscription with the DNO. We will not be responsible or liable for any unsuccessful or failure to Port with us.
In the event of a Port to us, or Port withdrawal or Port reversal to the DNO, we:
- are not responsible for any period of outage of your Service(s) or any related ancillary Service(s);
- are not liable to you or any person claiming through you for any damage, loss, costs or expenses or other liability in contract or tort or otherwise direct or indirect, in relation thereto.
You will be responsible to fully settle all outstanding bills from the DNO. If there is non-payment by you of any outstanding bills from the DNO, the Service(s) with us may be disrupted. You are also responsible to fully settle all outstanding bills from us in the event of a Port Out to another mobile Service Provider failing which your request may be delayed or rejected.
Provision of these Service(s) and the Agreement’s terms and conditions will only be effective upon Activation of the Mobile Number ported to us.
In addition to Clause 14 and for purposes of the Porting activity, you expressly authorise us to disclose information regarding your Mobile Number to other telecommunication Service Providers to facilitate the Porting activity.
CHANGE OF RATE PLAN
You may request for a change of your rate plan from your existing postpaid Service(s) to any other Maxis postpaid plans subject to our discretion and the SSTCs applicable to you.
Your Mobile Number will be maintained upon you successfully changing your rate plan.
If your change of rate plan is registered before your billing cycle, your bill shall be pro-rated from the date of the registration of the new rate plan.
PERSONAL INFORMATION/PERSONAL DATA
You confirm and agree that you are aware and give your consent to Maxis to process your Personal Data as defined under the Personal Data Protection Act 2010 in accordance with the Maxis Group Privacy Notice at https://www.maxis.com.my/privacy-statement which may be updated from time to time
Where you are disclosing personal data of individual(s) to Maxis for the purposes of the Agreement, you warrant and undertake that you have obtained the necessary consent of the individual(s) to disclose his/her personal data to Maxis and for Maxis to process the same in accordance with the Maxis Group Privacy Notice at https://www.maxis.com.my/privacy-statement as may be updated from time to time. You also agree to take such further action or step as may be requested by Maxis arising from this clause including procuring a written consent from the aforementioned individuals.
You shall treat as confidential and keep secret all information (other than information that has been or is publicly available) in relation to the Service(s) and any Personal Data under the Agreement or which is known or disclosed to you in the course of the provision of the Service; and take all proper and effective precaution to prevent the disclosure of such information to unauthorised persons and to preserve the secrecy and confidentiality of such information and, in particular but without in any way limiting the generality of the foregoing, take all necessary action to prevent unauthorised persons from obtaining access to such information whether by direct or indirect exposure, unless the disclosure of such information is required by law or by a court of law.
You shall limit the disclosure of Confidential Information to your employees, subcontractors or agents on a need to know basis for the purpose of fulfillment of your obligations under the Agreement.
You agree to destroy or return all Confidential Information to us upon the termination or expiry of the Agreement at our request.
The obligations of confidentiality herein shall survive the expiry or termination of the Agreement.
We are entitled to make any alteration or changes to the Service(s) in whole or any part thereof, or withdraw or suspend, disconnect or terminate the Service(s) or any part thereof as we deem fit without notice to you and we will not be liable to you or any third party for any loss (including loss of revenue), loss of Service or connectivity or inconvenience as a result thereof. Where reasonably practicable, we will endeavour to give you advance notice of such changes, be it through written notice, electronic mail, our bill, our website or such other form as we deem appropriate.
We are entitled at our discretion, from time to time, to vary, add to, remove or otherwise amend the terms and conditions of the Agreement or any part thereof. The prevailing terms and conditions of the Agreement and the Service(s) will be updated on our official website, whereby the terms and conditions on the official website will apply and supersede all previous versions. Any variations, additions or amendments will take effect on the date the variations, additions or amendments is posted on our official website, also termed as the “Effective Date”. Your continued use of the Service(s) after the Effective Date of any changes to the terms and conditions of Service(s) and/or Agreement will constitute unconditional acceptance by you of such variations, additions or amendments and you will be bound by the same. In the event you do not accept such changes, you must inform us in writing within fourteen (14) days from the Effective Date. You must terminate our Service(s) by giving us due notice within thirty (30) days from Effective Date, failing which you will be deemed to have accepted the changes without condition.
In the event that you exercise your right to terminate under Clause 16.2, you will remain liable for all Charges, terminations charges, penalty fees (where applicable), interest and other ancillary charges.
We may at our discretion with prior notice vary the amount of deposit, fees and any Charges for the Service(s) or part thereof and to change the billing cycle. Please make regular checks on our official website for any changes in the Agreement.
We may by notice require you to pay any outstanding amount within seven (7) days from the date of such notice.
We scan our documents for purposes of data security, further security measure for prevention of loss of documents, for efficient and better document management. You agree that all such scanned documents including the Registration Form, Agreement, and/or other applicable documents are relevant and admissible in evidence.
To the extent permitted by law, we may extract any Short Message Service details, Personal Data or any other data from your account as evidence in court and/or when necessary if there is suspected and/or proven misuse or unlawful use of the Service(s).
We reserve the right at any time to disclose or share our database with our holding and/or subsidiary or related companies in order to provide the Service(s) to you or to any regulatory or other authorities upon their request.
We are entitled to manage your allocated bandwidth including without limitation reducing your speed or suspending your bandwidth to the Service(s) to ensure fair access to all Maxis customers on the same network with or without prior notice to you as prescribed in the Maxis Fair Usage Policy.
We may carry out any of the rights under Clauses 16.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, 16.8 and 16.9 above in any manner deemed appropriate by us and we will not be liable to you or any third party for any loss or inconvenience arising from the same.
In addition to our rights as set out herein, you hereby acknowledge that we shall have the rights to take any appropriate action which we deem necessary and to pursue any legal action available to us to recover from you for any and all outstanding Charges, fees and/or cost (including cost on a Solicitor-Client basis and any cost incurred by us in relation to the recovery process) and/or if we become aware of any violation or breach of the terms of the Agreement, without further notice to you at any time.
You undertake and agree to indemnify, defend and hold Maxis and its respective employees, directors, officers, suppliers, contractors and agents harmless from and against any and all claims, demands, actions, damages, loss, costs, charges, liabilities and expenses (including solicitor’s fees and costs) of every nature directly and indirectly, arising out of or in connection with, including:
- any claims for libel, slander, defamation, invasion of privacy, infringement of patent, trademark, copyright, intellectual property right or other proprietary right, breach of confidence and/or breach of any law or regulation arising from or attributable to Your Equipment, data, use of Service(s) or your use of Our Equipment howsoever arising;
- use of Service(s) by any person using your Log-on Details with or without your consent and/or authority;
- any non-compliance with or breach of any provisions of the Agreement by you;
- any negligent or misconduct by you or any of your officers, employees, directors, contractors or agents;
- any damage to property or personal injury (including death);
- any unauthorised use or exploitation of the Service(s) not permissible under the Agreement or the law; and
- any Content, Application, Software or non-Maxis materials that you load into or use together with the Service(s) or create.
You will not acquire any right in any and all of our Intellectual Property by virtue of you subscribing to our Service(s) and/or using our Software or Our Equipment.
You will not use or permit the use of any of our Intellectual Property except for the purposes contemplated by the Service(s) provided to you or as permitted by us.
We may licence or otherwise provide you Software or you may access Software via the Service(s). You shall, by your use and/or possession of such Software, be deemed to agree not to copy, reproduce, tamper, reverse engineer, make available, translate, adapt, or modify the Software in any way. You will not acquire any proprietary or ownership rights in and to the Software.
You shall only have a non-exclusive, non-assignable, non-transferable, limited and personal right and revocable License to use the Service(s).
DISCLAIMERS AND LIMITATION OF LIABILITY
You agree that the Service(s), in whole or in part, may be provided by Service Providers including the Licensor and/or any other third party providing any hosting, distribution, management, maintenance and/or operation of any Software, Software which is provided as a service, data, database, infrastructure and/or platform, which is provided and/or accessed over the internet and/or any other Network.
The Service(s) and/or Our Equipment are provided on an “AS IS” and “AS AVAILABLE” basis. We do not recommend the use of the Service(s) where the risk of non-connection or loss of connection of the Service(s) carries a material risk. We will not be held responsible for any loss or damage that you or any third party might sustain as a result of the use of the Service(s) by you. Accordingly you expressly confirm and agree that by using the Service(s) and/or Our Equipment you accept all such risk and insure accordingly.
You acknowledge that the Service(s) 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.
We do not control or endorse the Content, messages or information obtained through or 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) and your reliance on any Content obtained through the Service(s).
You are solely responsible for any Content, Application, Software or non-Maxis materials that you load into or use together with the Service(s) or create.
Maxis is not liable and does not guarantee that:
- the Service(s) will be error-free or uninterrupted or will have secure access to the internet, or that Maxis will correct all errors in the Service(s);
- the Service(s) will operate in combination with your Content or your Applications, or with any other software, hardware, system or data;
- the Service(s), including any products, services, information or other material you obtain from Maxis under the Agreement, will meet your requirements or expectations;
- any service levels, performance indicators, or any other benchmarks will be met by the Service(s); and
- the security of your data on any of Your Equipment, your Mobile Device or Mobile Equipment or passing over the Service(s). In this respect, you are solely responsible for the content of data retrieved, stored or transmitted through the Service(s) (where authorised by your or not).
You agree that no condition, warranty, indemnity, guarantee or representation of any kind, whether express or implied, arising by law and/or to the extent permitted by law, course of dealing, usage, trade practice, custom, prior oral or written statements, is given or made by Maxis or its Personnel:
- as to the state, quality, description or otherwise of the Service(s) and/or Our Equipment;
- as to the Service(s) and/or Our Equipment’s fitness for any purpose, suitability, satisfaction, merchantability, or that they will not infringe any rights in law or contract; and/ or
- as to performance of any equipment, Our Equipment or materials supplied in connection with the provision of the Service(s).
Notwithstanding anything to the contrary herein contained, and to the fullest extent permitted by law, we exclude any liability and are not liable for:
- any loss of profit or revenue or loss of opportunity, business, contracts, goodwill or anticipated savings or wasted expenditure;
- any claim for negligence, libel, defamation, slander, cyber terrorism, invasion of privacy, unlawful interference or other tortious actions, infringement of any intellectual property rights, breach of any law or regulation or any other cause of action arising from the use, transmission and/or receipt of material in connection with the Service(s) and/or any claims arising out of any act or omission whether by you or any other third party in relation to the Service(s) or any part thereof;
- any loss or damage caused to you as a result of the suspension/barring/termination pursuant to the Agreement and/or interruption or loss arising from the use, access, inability to use or access and/or provision of the Service(s) or Our Equipment or any part thereof which is not due to Maxis’ fault or omission;
- any loss, distortion, corruption, damaged, degraded, altered, deleted or irretrievable of data arising from the use of the Service(s) to transmit data or for data communication purposes including any unlawful or unauthorised access to your transmission or data (notwithstanding the cause of such unauthorised access) and shall have no obligation to back up or manage the data or information;
- interruption or unavailability of the Service(s) including through adverse weather conditions, electromagnetic interference, equipment failure or Network congestion;
- any malfunction or defect in Your Equipment, your Mobile Device or Mobile Equipment.
In the event that any liability including those set out in Clause 20.8 cannot be excluded under law and to the fullest extent permitted by law, Maxis and our respective Personnel will not be liable to you for any indirect, incidental, consequential, exemplary or punitive damages arising out of or in connection with the Agreement, and/or the use, access, inability to use or access and/or provision(s) of the Service(s) or Our Equipment or any part thereof, including, without limitation, loss of revenue or anticipated profits, or lost business, data or sales whether or not Maxis, our Personnel, Service Providers were or should have been aware of the possibility that such damage or loss would occur. The exclusion referred to herein applies to any action giving rise to an obligation, duty or liability whether by breach of contract or tort, including negligence and strict liability or otherwise.
Without prejudice to and notwithstanding the above clauses ,where a court or an arbitrator or a tribunal holds or finds us liable to you for any breach, default, negligence and/or actions by us, you agree that the amount of damages or loss payable by us to you will not at any time exceed the sum of RM500.00.
Where applicable, our Service(s) may contain links to third party websites, services, other events or activities that are not owned or controlled by us. You will be responsible for evaluating whether to access or use a third party website and agrees to be bound by any applicable terms found therein. We do not endorse or assume any responsibility for any such third party websites, information, materials, products or services. If you access any third party websites, service or content from us, you do so at your own risk and you agree that Maxis will have no liability arising from your use of or access to any third party website, service or content.
SUSPENSION AND TERMINATION
We will be entitled at all times to immediately bar, suspend, disconnect or terminate the Service(s) or Agreement for any of the following reasons:
- if any technical failure occurs in the Service(s) or our Network;
- while the Service(s), our network or systems are being upgraded, modified or maintained;
- if you breach any of the terms and conditions of the Agreement;
- if you do anything which may in our determination, lead to, including damage or injury to the Service(s) or our Network, systems and/or reputation;
- if we are required to do so by law, statute, enactment, regulations, code or by any relevant authorities;
- if it is in our determination that the Service(s) or the Network is or may be used fraudulently, illegally or for unlawful purposes in breach of the Agreement, even if it is shown to be otherwise;
- where you are adjudged a bankrupt or commit an act of bankruptcy or in the case where you are a company, will be wound up or have a receiver or manager appointed, or any similar proceedings or action for other entities;
- where you have relocated or have been relocated to an area outside our Service(s) coverage area; and/or
- if you breach any of the terms and conditions of the Applications which you are required to comply with.
We will try to resume the Service(s) as soon as possible if suspension or disconnection occurs for the reasons set out in Clause 21.1(a) and (b) above. During the period of barring, interruption, suspension or loss of the Service(s) or any part thereof for any reason, you will remain liable for any applicable Charges.
Upon suspension, our reconnection of the Service(s) is subject to you paying a reconnection fee, all outstanding amounts due to us and any refundable deposit as required by us. If you have requested for suspension of your Service(s) beyond reasonable timeframe, we are entitled to terminate your suspended account.
If any Service(s) is/are terminated, all other Service(s) (whether provided by us or other Service Providers) which can only be provided through the Service(s) would also be terminated or suspended, unless the SSTCs of the Service(s) provides otherwise.
If the Service(s) to the principal line holder is terminated or suspended, Service(s) to the supplementary user(s) will also be terminated or suspended.
In respect of applicable Service(s), we are entitled to restrict access to the Service(s), suspend or terminate your account if you consistently use the Service(s) to download or upload extremely high volume data. The Service(s) is not designed for extremely heavy users, e.g. of peer-to-peer applications or use of applications that may or will have a detrimental effect on our Network’s performance and/or other customer’s use of the Service(s).
Unless your SSTCs state otherwise, you may at any time terminate the Service(s) and Agreement by giving us prior notice in writing. If your notice to us ends during the applicable Minimum Period of Service or if we terminate the Service(s) or the Agreement pursuant to Clause 21.1 above and in addition to Clause 21.9 below:
- there will be termination Charges and, where applicable, pro-rated Charges for the Service(s), use of Our Equipment and/or additional items and costs for the remainder of the Minimum Period of Service; and
- you will compensate us for any damages or losses we may suffer because of your termination prior to the Minimum Period of Service.
Upon termination of the Agreement by you or us, you will be liable for all and any Charges related to and in connection with the Service(s) up to and including the effective date of termination and any other outstanding amounts.
If we provide Our Equipment to you for the Service(s), upon termination:
- you will immediately return to us all of Our Equipment used in relation to that Service(s) in good working condition, fair wear and tear only excepted; and/or
- we will be entitled to charge you the cost incurred by us in repossessing or acquiring a replacement of Our Equipment not returned or returned in a damaged or defective condition.
Upon termination of the Agreement, all monies owing to Maxis by you in accordance with your account will become immediately due and payable to Maxis.
Termination of the Agreement by either you or Maxis for any reason whatsoever does not prejudice any other rights, remedies or claims Maxis may have against you under the Agreement or at law in respect of any antecedent breach by you of any provision of the Agreement, including the right of indemnities.
MATTERS BEYOND OUR REASONABLE CONTROL
We will not be liable for delay or failure to perform our obligations under the Agreement caused by Matters Beyond Our Reasonable Control.
If our ability to perform its obligations under the Agreement or any part thereof is affected by Matters Beyond Our Reasonable Control:
- we shall be excused from performance of the obligations which are affected by Matters Beyond Our Reasonable Control during the time the Matters Beyond Our Reasonable Control is in effect or operative and such non-performance shall not be construed as a breach by us; and
- the time for performance of the obligations which are affected by Matters Beyond Our Reasonable Control (including performance of all other obligations which are consequentially affected) shall be extended or adjusted to take into account the full extent of disruption and impact caused by the Matters Beyond Our Reasonable Control.
We may terminate the Agreement, by giving you fourteen (14) days’ written notice if the Matters Beyond Our Reasonable Control prevents us from performing and/or continuing our obligations for more than a period of sixty (60) days.
Notwithstanding the occurrence of the Matters Beyond Our Reasonable Control, you will remain obliged to pay all Charges which are outstanding and/or due and payable to us in accordance with the Agreement.
TRANSFERRING THE AGREEMENT
You are not permitted to assign or novate any or part of your rights or obligations under the Agreement to any party, without our prior written consent.
You agree and consent that we may assign any, or any part, or all, of our rights under the Agreement to our Related Corporations or any third party by notice in writing to you.
You further agree and consent that we may novate any, or any part, or all, of our rights and/or obligations under the Agreement, or the Agreement itself to our Related Corporations or any third party by notice in writing to you. Your continued usage, after service of such notice on you, of the Service(s) will be deemed as your consent to continue with the Service(s) after such novation and you agree to make all subsequent payment as instructed in such or further notice.
COSTS, TAXES AND FEES
Each party bears its own costs in terms of any costs incurred in relation to preparation and legal review of the Agreement.
You are to bear all government taxes, levies, stamp duty and other costs imposed by law in relation to the Agreement and the provision of the Service(s) by us.
If GST or Service Tax is applicable to Service(s) or Our Equipment provided to you under the Agreement, we are entitled to charge the GST or Service Tax payable to the government on the Service(s) and/or any Service(s) or Our Equipment supplied to you. These taxes will be added to the bills issued to you.
If GST or Service Tax is applicable as contemplated by Clause 24.3 above, we will:
- provide you information that may be reasonably required to establish the liability for GST or Service Tax; and
- provide an invoice as may be required by you.
If any monies due under the Agreement by you to us is to be recovered through any process of law or if the said monies or any part thereof is placed with solicitors, you will pay (in addition to the said monies) our solicitors’ fees and any other fees or expenses incurred or may be determined by the court of law.
All communications and documents to be given by you to Maxis under the Agreement must be in writing and sent to the following address: Maxis Broadband Sdn Bhd (as may be applicable), Level 21, Menara Maxis, Kuala Lumpur City Centre, off Jalan Ampang, 50088 Kuala Lumpur.
The communications and documents including legal process given by Maxis to you or by you to Maxis will be deemed to have been served if:
- sent by registered post, on the second Working Day after posting irrespective of whether returned as undelivered;
- sent by ordinary post, on the fifth Working Day after posting irrespective of whether returned as undelivered;
- hand delivered, upon delivery;
- in the case of communication sent by Maxis only, published in national daily newspapers in the main languages circulated generally throughout Malaysia.
In addition to Clause 25.2, the communications or notifications given by Maxis to you will be deemed to have been served if:
- sent via Maxis’ applications, on the date of publication or such other date as may be stipulated on the said Maxis’ applications;
- sent by Short Message Service (SMS), upon transmission of the SMS; or
- (published in our website, upon the date of publication or such other date as may be stipulated in the website notification.
Notwithstanding the above, Maxis may determine, at our discretion, other forms of notification as we deem appropriate which shall be deemed to have been served upon the transmission or sending of such notification.
Pursuant to the Maxis Group Privacy Notice, you have given us your consent to receive from us and our merchants, and/or strategic partners from time to time any offer and/or marketing/promotional information or notices (be it by way of letter, leaflet, pamphlet, electronic mail, phone messages or any other means of communication) relating to any of our Service(s), products and/or Our Equipment and that of our merchants and/or strategic partners, unless you notify us otherwise.
The Agreement will be governed by and construed in accordance with the laws of Malaysia. Parties agree to submit to the exclusive jurisdiction of the Malaysian courts. Where any claims, proceedings, actions, suits or dispute arising or in connection with the Agreement is to be commenced or adjudicated in the courts of Malaysia, Maxis shall have the right to file any such action in any courts which has jurisdiction over the matter and you shall waive any objection on the ground of forum non conveniens.
ANTI-BRIBERY AND CORRUPTION
You agree that you shall comply, and/or shall procure and/or ensure that your directors and/or employees, subcontractors, agents or other third parties who are performing services and/or carrying out your obligations in connection with the Agreement to:-
- comply with all laws and/or regulations in Malaysia or any other jurisdiction relating to anti-bribery and corruption;
- have in place throughout the term of the Agreement your own anti-bribery and corruption policies and procedures including adequate controls and accurate records of transactions to meet the requirements of such laws;
- adhere to the Maxis Code of Business Practice which can be found at https://maxis.listedcompany.com/corporate_governance.html as may be updated from time to time, and/or any relevant anti-bribery and corruption policies and documents notified and/or provided by Maxis and shall not cause Maxis or its directors or employees or agents to be in breach of any applicable anti-bribery corruption laws and regulations and/or Maxis Code of Business Practice; and
- provide truthful and complete statements (with no material omission) and/or documentation to Maxis and have to-date provided truthful and complete statements (with no material omission) and/or documentation to Maxis, and will ensure that there are adequate supporting documents, in reasonable detail, for the work performed under the Agreement and any expenses incurred and maintain true, accurate and complete invoices, reports, statements, books and other relevant records, and will provide the same (within a reasonable time) to Maxis upon request.
In compliance with this clause, you agree that you shall ensure that your directors, employees, subcontractors, agents or other third parties are aware of and/or receive adequate training or refresher on the Maxis Code of Business Practice and anti-bribery and corruption laws and principles as may be requested by Maxis. You agree to furnish such relevant documents as may be requested by Maxis with respect to their compliance with this clause including signing the anti-bribery and corruption documentation.
Notwithstanding any provisions of the Agreement, if you, your directors, employees, subcontractors, agents or other third parties who are performing services and/or carrying out your obligations in connection with the Agreement breaches this clause, and/or is investigated for bribery or corruption, Maxis shall be entitled to terminate the Agreement with immediate effect without any liability with written notice to you.
You agree that you shall be liable to Maxis and fully indemnify and hold Maxis and/or its directors and employees harmless from and against any and all claims, losses, liabilities, damages, fine, penalty costs and expenses (including but not limited to legal fees on an indemnity basis) howsoever arising, as a result of (i) any breach of all laws relating to anti-bribery and corruption by you, your directors, employees, subcontractors, agents or other third parties and/or (ii) termination of the Agreement as a result of a breach of this clause.
GENERAL PROVISIONS GOVERNING THE AGREEMENT
A right created under the Agreement may not be waived except in writing signed by the party granting the waiver. No delay or omission by either party to exercise any right under the Agreement will impair such right or be construed as a waiver thereof and no such delay or omission shall extend time or be construed to extend time for the performance of any right or obligation under the Agreement if a time period is imposed for the performance of such right or obligation. Knowledge or acquiescence by any party of, or in, breach of any of the provisions of the Agreement shall not operate as, or be deemed to be, a waiver of such provision and, notwithstanding such knowledge or acquiescence, such part shall remain entitled to exercise the rights and remedies under the Agreement, and at law, and to require strict performance of all of the provisions of the Agreement. A waiver by any party of any of the obligations to be performed by the other party or any breach thereof will not be construed to be a waiver of any succeeding breach thereto or of any other obligation.
The Agreement constitutes the entire agreement between you and Maxis and supersedes all previous agreements, understanding, proposals, representations and warranties relating to the Agreement. You understand and agree that any purchase order issued by you to Maxis is only meant for internal administrative and control purposes and the purchase order shall not be construed as amending, modifying and/or adding to the terms and conditions of the Agreement and shall have no legal binding effect on you and Maxis.
Those Clauses which by their nature would survive the termination of the Agreement shall so survive, including without limitation Clauses 9.1, 14, 15, 16.3, 16.6, 16.7, 17, 18, 19, 20.8, 20.9, 20.10, 21.8, 21.9, 21.10, 21.11, 25.2, 25.3, 26, 27 and 28.3.
Time is of essence in performance of the Agreement.
Subject to any provision of the Agreement which provides for a remedy or form of compensation to the exclusion of any other remedy or form of compensation, the rights, powers and remedies provided in the Agreement are cumulative and not exclusive of the rights, powers or remedies provided by law independent of the Agreement.
If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
Each warranty, undertaking and indemnity in the Agreement is a continuing obligation, separate and independent from other obligations of the parties and survives termination of the Agreement.
You agree that the Agreement will be for your benefit only and does not confer any rights or benefits to any third party and that there are no third party beneficiaries associated or connected to you as to this or any part or specific provision of the Agreement.
An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body and any governmental agency.
All provisions contained herein will be equally applicable to any and all supplementary lines subscribed by you.
Notwithstanding anything to the contrary, you hereby agree to be bound by the Agreement, any policies and procedures and/or any variations, additions or amendments made thereto, as may be determined by Maxis at any time.
No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of the Agreement or any part of it.
Parties acknowledge and agree that the Registration Form may be entered into between the parties by the affixation or placement of a digital image of the hand written signature of your authorized signatory which shall be equivalent to physically signing the Registration Form and that such digital image of the hand written signature shall constitute signification of your acceptance of and agreement to the terms of the Registration Form and the Agreement and that the Registration Form and the Agreement will legally bind the parties thereafter.
What the following words mean in the Agreement (Definitions):
“Activation” means either (a) the point in time when the Service(s) is activated in Maxis’ system, or (b) the point in time of the completion of installation in your premises, or (c) the point in time stipulated by Maxis as the date the Service(s) is activated, as applicable.
“Addendum(s)” means any addendum(s) or supplemental(s) executed and/or deemed accepted by the parties.
“Agreement” shall have the meaning prescribed in Clause 1.1 and shall include the Registration Form and any Addendum(s).
“Application” means a self-contained program, web-based platform or piece of software as a service application designed to fulfil a particular purpose;
“Bank” means the banks or financial institutions nominated by Maxis from time to time.
“Card” means the credit or charge card (as applicable) nominated by you as payment for the Service(s) and accepted by Maxis.
“Cardholder” means the lawful and authorized user of the Card whose name is embossed thereon and whose signature appears on the Card.
“Card Issuer(s)” means any bank or legal entity which is the issuer for the Card.
"Charges" means all activation, connection, re-connection, disconnection, subscription, usage, installation, relocation, cancellation and administrative charges, advance payments, amounts in excess of your credit limit and other fees to be paid by you for or relating to the Service(s) and/or Our Equipment. The Charges will be in accordance with the rates in our prevailing tariff rates available on our official website, at our customer service centres, retailers or dealers or as mutually agreed in writing between you and us, exclusive of all applicable taxes including if applicable, GST and Service Tax.
"Content" means all information, text, sound, music, software, photographs, videos, graphics, data, databases, images, animations, logos, button icons, audio clips, messages, links, listings or other audio-visual representation, tactile representation, or any combination of the preceding which is capable of being created, manipulated, stored, retrieved, or communicated electronically or published in any medium (whether written, graphic, sound, or otherwise).
“Direct Debit” means the direct debit bill payment service offered by Maxis whereby your periodic official bill statement may be automatically billed into your Card account for settlement subject to Maxis’ approval.
“Donor Network Operator” or “DNO” means a mobile service provider from which a Mobile Number has been or is to be ported out.
“Effective Date” means the date the variations, additions or amendments to the Agreement are posted on our official website.
“General Terms & Conditions” or “GTC” means these general terms and conditions of Service(s) (as may be amended from time to time, available in our website at www.maxis.com.my/tnc/business).
“Intellectual Property” means all copyrights, patents, trademarks, tradenames, industrial designs, logos, service marks trade secrets, know-how and other intellectual property or propriety rights (whether registered or unregistered) in or related to Maxis, any Service(s), our Network, system or Software or Our Equipment and all applications and registrations for and extensions and renewals of such rights or any of them, anywhere in the world.
“Licensor” means the third party licensor of any intellectual property forming any part of the Service(s).
“Log-on Detail” means the user identification detail and accompanying password supplied to you under the Agreement for access to the Service(s).
“Matters Beyond Our Reasonable Control” means an act, omission or circumstance relied on by us as a matter beyond our reasonable control and these events are events which are not within our reasonable control (and Maxis shall not under any circumstances be required to expend money or resources or do anything beyond its express obligations under the Agreement to exercise, retain or acquire such control), irrespective whether such events were foreseen at the time of execution of the Agreement including but not limited to acts of God, acts or omissions of Government, riots, acts of war, strike or lockout, acts of terrorism, epidemic, governmental regulations imposed or came into effect after the execution of the Agreement, earthquakes or other natural disasters and unforeseen occurrence, acts or omissions of persons or bodies for whom we and/or our Related Corporation has no control over (including in respect of your acts or omissions or acts or omission of third party suppliers, operators, service providers, contractors or agents whom we may use to perform any part of the Service(s), computer software malfunction, electrical power failure and/or interruption or disruption of the Network) and any other events which parties agree to be a matter beyond reasonable control, together with any impact, effect (including continuing effect) and consequences caused thereby.
“Maxis Fair Usage Policy” means the policy which sets out an acceptable level of conduct between Maxis and its customers using the Service(s), available on Maxis’ website at https://business.maxis.com.my/terms-conditions/business/business-solutions/maxis-fair-usage-policy/.
“Maxis” or “us” or “we” or “our” means Maxis Broadband Sdn. Bhd., Registration No. 199201002549 ((234053-D)) and/or its Related Corporation(s), as may be applicable, and includes their successors, assigns, employees and agents.
“Maxis Group Privacy Notice” means the Maxis Group Privacy Notice available on Maxis’ website at https://www.maxis.com.my/privacy-statement.
“Maxis Pay” means a service offered whereby your periodic official bill statement may be viewed, and you have the option to pay the outstanding amount using your Card for settlement.
"Minimum Period of Service" means such period as may be set out in our Service(s) Specific Terms & Conditions as contained on our official website.
“Mobile Device” means a mobile telephone or wireless device that requires SIM Card which facilitates the use of the Service(s).
“Mobile Equipment” means a wireless device or equipment with a transmitter and receiver, such as but not limited to compliant and certified computers, laptops, modem, MiFi or Mobile Device (if the equipment is not from Maxis) or any equipment certified by Maxis to be compliant with the Service(s) which facilitates the use of the Service(s).
“Mobile Number” means the Mobile Station International Subscriber Directory Number (MSISDN).
“Mobile Number Portability”/“MNP” means the ability for customers to change from one mobile service provider to another and retain their Mobile Number.
“Network” means network facilities and/or network services comprising of the system or series of system, equipment, software and facilities operated and/or owned by Maxis or through any other network deemed necessary to enable the provision of the Service(s) to you.
"Our Equipment" means including but not limited to any device, equipment, Software, network terminating equipment, routers, cables, wires, dongle, dect phone, modem, SD-WAN CPE, WiFi Access Point, switch and other ancillary equipment excluding Your Equipment, which we may provide to you to enable provision and usage of the Service(s) or which is otherwise needed for the provision and usage of the Service(s) to and by you.
“Our Website” means www.maxis.com.my.
“Personal Information”/“Personal Data” includes your Information collected from you, required for purposes of applying, subscribing and registering for the Service(s) offered to you by Maxis including the call data records or reports related thereto, including any sensitive personal data and expression of opinion(s) about you.
“Personnel” means employees, directors, officers, subcontractors, representatives and agents.
"PIN" means personal identification number.
“Port or Porting” means the transfer of your Mobile Number from one mobile service provider to another.
"Premises" means the property bearing the Service(s) address and is owned or occupied by you.
“Recipient Network Operator” or “RNO” means a mobile service provider to which a Mobile Number has been or is to be ported in.
“Registration Form” means your duly completed application form for registration to subscribe to the Service(s), which has been accepted and approved by us.
“Related Corporations” means the related corporations as defined under the Companies Act, 2016.
"Service(s)" means any telecommunication services, internet services, broadband services, products, offers, mobile content services, Applications or any other services (including, where relevant, cabling, construction and connection service in order for you to have access to the Service(s)), which we provide to you including any plans, packages, value-added, supplemental or additional Service(s), from time to time.
"Service Provider" means any third party service provider involved in providing the Service(s) to you, including without limitation any network operator or telecommunication service provider or an independent Software or Software applications supplier who can be an individual or business that builds and develops an Application.
“Service Specific Terms & Conditions” or “SSTCs” means the specific terms and conditions in respect of any Service(s), available in our website www.maxis.com.my/tnc/business or in the press, manuals and handbooks accompanying the use of the specific equipment and/or specific Service(s) including promotional material and/or customer loyalty programme relating thereto, and any other terms and conditions governing the use of such specific equipment and/or specific Service(s) (as may be amended from time to time, available in our website at www.maxis.com.my/tnc/business).
“Service Tax” means service tax under the Service Tax Act 2018;
“SIM Card” means either a card or plug-in module with a microchip which contains all necessary information. The SIM Card has to be inserted into a device in order for a call to be made for mobile telecommunication Service(s) or for data or SMS to be transmitted for other Service(s).
“SKMM” means the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM), also known as Malaysian Communications and Multimedia Commission, established under the Malaysian Communications and Multimedia Commission Act 1998 (Act 589).
“Software” means any software programmes provided to you as part of or through Our Equipment or Service(s), or which allow you to access or use the Service(s), including any software upgrades or updates.
“Summary Terms & Conditions” means the summary of this GTC (as may be amended from time to time, available in our website at www.maxis.com.my/tnc/business).
“Working Days” means, save for the states of Kedah, Johor, Terengganu and Kelantan, Mondays to Fridays excluding public holidays, Saturdays and Sundays. In relation to the states of Kedah, Johor, Terengganu and Kelantan, Sundays to Thursday excluding public holidays, Fridays and Saturdays.
“you” or "your" means a business, a sole proprietorship, partnership, company, association, societies or any corporate entity (collectively herein referred to as “Business Customer”) named in our Registration Form whose application for Service(s) or any part thereof has been accepted and approved by us and who uses or intends to use the Service(s) (including his or its successors and permitted assigns) and anyone appearing to us to be acting with any of the said party’s authority or permission. This includes and refers to individuals who are employees or contract staffs of Business Customer named in our Registration Form whose application for Service(s) or any part thereof has been accepted and approved by us and who uses or intends to use the Service(s) (including his or its successors and permitted assigns) and anyone appearing to us to be acting with any of the said party’s authority or permission.
“Your Equipment” means the device, equipment, software and all facilities to be procured, installed and maintained by you at your premises in order to use the Service(s), including without limitation, cabling and wiring which is connected to the Maxis’ Network as well as the horizontal cabling from your premises to Maxis’ Network, hubs, routers, servers (for networking purposes), compliant and certified modem (if the equipment is not from Maxis) or any equipment certified by Maxis to be compliant with the Service(s).
“Your/your Information” means any information provided by you to Maxis, including those provided in the Registration Form and/or any of our registration channels for and/or subscription of our Service(s).