Service Specific Terms & Conditions (“SSTC”) - Maxis Managed Cloud Firewall

Version [July 2020]

1. General
   

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

2. Definitions and Interpretation
   

   1. Unless the context otherwise requires, the highlighted words shall have the following meanings:
      “End User” means your employee or agents or any person using the Service(s) provided to you.
      “Fixed Connectivity” means Maxis’ IP Network infrastructures, namely Business Fibre Internet and/or Dedicated Internet Access (DIA).
      “Customer’s Account Number” means the account number assigned to you.
      “Minimum Period of Service” means the minimum period of subscription for the Service(s) which is twelve (12) months commencing from the Service Commencement Date unless otherwise agreed between us in writing.
      “Service Commencement Date” means the date on which the Service(s) is activated and is ready for use.
      “Cloud Firewall” means virtual firewall hosted in the Cloud owned by Maxis and provided to you under Service(s).
      
      
      

3. Provision of the Service(s)
   

   1. The provision of the Service(s) by Maxis is at all times subject to the coverage areas and capacity of the Network, which is determined at our sole and absolute discretion.
   2. You shall provide the requested information in the Service Summary of the Registration Form to the best of your knowledge in order for us to prescribe a suitable rate plan for your acceptance. You are solely liable for the correctness and completeness of the information provided to us in the Registration Form
   3. Upon successful registration, Maxis will spin a Cloud Firewall which will be tagged to your Customer’s Account Number for the provisioning of the Service(s). In the event (i) the average usage of any of the Fixed Connectivity exceeds the estimated usage, or (ii) you decided to upgrade the bandwidth usage, you agree that we are entitled to upgrade you to a rate plan that is more suitable for your needs.
   4. The Cloud Firewall shall remain the property of Maxis at all times and the property of the Cloud Firewall does not at any time pass to you.
   5. Upon acceptance of your application, within three (3) Working Days, Maxis will activate the Service(s). This is subjective to the fibre readiness and Maxis router support. The Service(s) is only available on Maxis’ routers only.
   6. You will be provided an ID to access the Maxis Business Hub (MBH) Portal at no additional charge to provide the End User(s) or Person In Charge (PIC) information and corresponding Cloud Firewall details necessary to enable Maxis to create a Customer Service Profile (CSP) and profiles for each Cloud Firewall. You undertake that you shall obtain the End User(s) or Person In Charge (PIC)’s consent before providing us the Personal Data of the End Users. You agree that you shall indemnify and hold Maxis harmless from any End Users’ claims arising as a result of your breach of this clause.
   7. You acknowledge and accept that the security ID and Customer Account Number provided is specific to you and shall be held secure and confidential by you at all times with restricted access or disclosure to any third party including your personnel or agents. You are not allowed to change and/or create additional CSP at any time. We reserve our right to delete and/or change the CSP in the event of any changes by you without our written authorisation.
   8. You are allowed to change the details of the End Users provided to us via the Maxis Business Hub (MBH) Portal. You agree to update the End User details on the Maxis Business Hub (MBH) Portal as and when there are any changes for the purpose of the Service(s). You shall ensure that there is no illegal use, misuse or fraudulent use of the Portal and the Service(s) and shall accept all liability whether or not such act or omission, use or misuse was authorised by you.
   9. We do not guarantee or warrant that (i) the Service(s) will be error-free or available at all times particularly if you are outside the Network coverage; and (ii) there will be continuous, uninterrupted or secure access to the internet; (iii) the data stored will be backed up; and (iv) the Maxis Business Hub (MBH) Portal will operate uninterrupted or error-free. You acknowledge and understand that the Service(s) may be restricted or interrupted by the functionality and limitations of the Network and the internet.
   10. Maxis is responsible for keeping an independent back-up of all your firewall activities stored in the space allocated in our Maxis Data Centre.
   11. We will not be held responsible for any loss or damage that you or any third parties might sustain as a result of the use of the Service(s) by you.
   12. Unless otherwise indicated in this Agreement, the Service(s) shall not include the provision or maintenance of any computer equipment or software required by you to connect to the Service(s).
   13. Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.
   14. If Maxis identifies a fault in the Service(s), Maxis will use its best endeavours to rectify the fault as soon as it is reasonably possible. However, Maxis will under no circumstances be liable to you for any failure, disruption of service, virus, and loss of data, loss or damage to property or any other loss, damage, costs, expenses or claims of whatever nature that result from the failure or breakdown of the Service(s)
   15. Maxis may charge you reasonable costs and expenses in providing maintenance of the Service(s) where the need for maintenance arises out of your misuse of the Service(s) or failure to comply with any of the Service(s) terms and conditions that are applicable to you.
        

4. Charges
   

   1. The Charges for the Service(s) shall be at the rates offered to you by Maxis.
   2. If you subscribe to the Cloud Firewall 79 plan and/or Cloud Firewall 129 plan by or before 3 July 2020, you will be eligible for an early bird rebate of RM40.00 off your first invoice for each plan subscribed. Any subscription after 3 July 2020 will not be eligible for the early bird rebate. Upon submission and acceptance of the Registration Form by Maxis, you agree to pay the Charges in respect of the provision of the Service(s) commencing from the Service Commencement Date and/or any one-time charge in accordance with the charges specified in the Registration Form as per the o er made to you or as may be notified by Maxis from time to time.
   3. You understand and acknowledge that the Cloud Firewall is provided in ‘ready mode’ and will be activated by Maxis within 3 Working Days. All Charges payable by you will be invoiced monthly and the first invoice will be issued in accordance with the billing cycle for each month once the Cloud Firewall is activated. All payments must be made within thirty (30) days from the date of invoice failing which Maxis reserves the right to suspend the Service(s).
   4. All Charges will be charged to your Customer Account Number respectively.
   5. You are able to review and check the active state of the Cloud Firewall through the Maxis Business Hub (MBH) Portal.
   6. If you upgrade the Service(s) during the Minimum Period of Service, you are not liable to pay for the remainder of the monthly recurring charges for the Minimum Period of Service, provided you terminate this Agreement and enter into a new Agreement with Maxis for the upgraded Service(s).The new Agreement between you and Maxis will be based on the prevailing Charges and further terms and conditions imposed by Maxis.
   7. You are not allowed to downgrade the Service(s) at any time during the Minimum Period of Service. If you downgrade the Service(s) before the expiry of the Minimum Period of Service, you agree to pay Maxis the Early Termination Charge.
   8. The Service(s) shall be suspended due to non-payment by you. Upon suspension, the Service(s) will only be reactivated once you make full payment of all outstanding Charges to Maxis. In the event you make payment of all outstanding Charges and the Service(s) is reactivated, the Minimum Period of Service shall be extended by the duration of suspension.
   9. Value Added Services
      Value Added Services are optional as an add-on with applicable charges as set out in the Registration Form.
      1. Managed Firewall Rule
         
         1. You may register your subscription for the Managed Firewall Rule service which will be valid throughout the subscription of the Service(s) and is to be used on Maxis’ router(s) only.
         2. Upon registering, you will be given a total of 10 CR (Change Request) per month. You shall use the MBH portal to raise CR using Maxis predefined template in the MBH portal. Any balance CR not used for the month will not be carried forward to the following months.
         3. The Managed Firewall Rule service is not subject to a minimum period of service. If you terminate the subscription for the Managed Firewall Rule before the expiry of the month(s) period, the balance CR(s) not used for the month (if any) are burned and you will be charged the full charge for the month. You will not be liable for monthly recurring charges after the month of termination.
         4. Suspension, barring or termination of the Cloud Firewall Service(s) will also cause the Managed Firewall Rule service to be suspended, barred or terminated at the same time. Suspension, barring or termination of the Managed Firewall Rule service will not affect the Cloud Firewall Service(s).
         5. If you elect to unsubscribe to the Managed Firewall Rule service, you shall not be able to make any changes to the Cloud Firewall and Maxis will not be responsible or liable for any defects, loss, damage or delays directly or indirectly arising from connection to the internet.
             

5. Minimum Period of Service and Termination
   

   1. We may terminate this Agreement and/or the Service(s) for convenience by giving you thirty (30) days advance written notice.
   2. If you terminate the Agreement during the Minimum Period of Service, you agree to pay Maxis the early termination charge which is the total monthly recurring charges for the remainder of the Minimum Period of Service (“Early Termination Charge”).
      
   3. Upon expiry of the Minimum Period of Service,e, this Agreement shall automatically continue on a monthly basis at the prevailing charges and rates imposed by Maxis and on the terms and conditions contained herein (unless otherwise notified by Maxis) unless either party gives thirty (30) days advance written notice of its intention to terminate this Agreement.
      
   4. If the Service(s) is suspended and/or terminated by us for any reason, your licence to use the subscription is immediately suspended and/or terminated and you shall stop using the Cloud Firewall and remove it from your Maxis router.
      
      

6. Disclaimer, Warranty and Limitation of Liability

   1. 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. Accordingly you may only use the Service(s) if you accept all such risk and insure accordingly.
      
   2. You shall assume all risks including inherent risks associated with the Service(s) and you accept that Maxis shall not be liable for any for any loss or damage caused to you by the use of the Service(s) including but not limited to loss or damage due to infection by virus, malware, Trojan horse, worm, spyware, adware, etc.
      
   3. You warrant that:-
      
      1. you have the power to enter into and observe your obligations under this Agreement;
      2. you are the owner of specifications, designs and/or the materials supplied to Maxis to enable Maxis to provide the Service(s); and
      3. in entering into this Agreement, 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
   4. Notwithstanding clause 20.10 of the GTC, should any claim arising out of or in connection with the relationship established by this Agreement result in Maxis becoming liable for any loss or damage not capable of exclusion under the terms of this Agreement, then Maxis’ liability shall be limited to either the fees paid to Maxis by you over the twelve (12) months period or such lesser number of months as shall have elapsed subsequent to the Service Commencement Date prior to the date of the breach, or the sum of RM500.00, whichever is lower.