MCMC Volunteer Surveys, 8 Nov - 31 Dec | Click

MCMC Volunteer Surveys, 8 Nov - 31 Dec | Click

here

Service Specific Terms & Conditions – Managed Voice

[Version April 2022]

  1. General
    1. The Service(s): Managed Voice is a managed telephony service with the option to add more advanced features such as secure instant messaging, interactive voice response (IVR), digital recording, inbound & outbound customer engagement, enhanced call Billing and push-to-talk walkie-Talkie and related application integration. There are two (2) types of Service(s): (a) Managed Voice On-Premise; and (b) Managed Voice Cloud. Where applicable as you subscribe the Service(s) from Maxis, the Service(s) may include provision of hardware, software, professional service and managed services.
    2. You: Business Customer signing up for the Service(s).
    3. 1.3 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, Maxis Group Privacy Notice, any other applicable terms and conditions, all at www.maxis.com.my/tnc/business, and the additional terms and conditions contained in the Proposal.
    4. Unless otherwise stated herein, the 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) the additional terms and conditions contained in the Proposal; (b) SSTC; (c) GTC; and (d) STC.
    6. You acknowledge and agree that the Service(s) require secure access to the internet and by using the Internet in general, you may be subject to various risks which Maxis shall not be liable, including amongst others:
      1. unauthorised invasion of data privacy during the use of the Service(s), or as a result of, you or another party’s use of the internet and/or network; and
      2. 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, whether or not was intended by you.
  1. Definitions
    1. Unless the context otherwise requires, the highlighted words shall have the following meanings:-
      "Admin Portal” means the web portal which is accessible by you (or Maxis) to manage your call features and End User(s) for the Service(s).
      “Business Fibre Internet” means the Maxis Business Fibre.
      “Business Day” means, Mondays to Fridays excluding public holidays in Selangor and Kuala Lumpur, Saturdays and Sundays.
      “Customer Data” means all data, software, and information that you and/or your End User(s) provide or authorize Maxis to have access to as part of Maxis’ provision of the Service(s). “Devices” means Mobile Device (iOS or Android) or Desktop PC (Windows or Mac OS). “DIA” means the Dedicated Internet Access. “End User(s)” means your employee, agents or any person authorised to act on your behalf in relation to the Service(s) or have access to the Service(s). “Hardware” means IP Phone, Voice Gateway or Session Border Controller (SBC), any substitute or additional equipment, or component parts to be supplied by Maxis as agreed between you and Maxis. “Licensor” means the licensor of any intellectual property forming any part of the Service(s). “Managed Voice On-Premise” means the managed telephony service from Maxis including any supplemental or additional services that you have subscribed from Maxis as stated in the Registration Form. Should you require a Maxis fixed line number, you may subscribe to SIP trunk and connectivity services by completing the Registration Form for Maxis Business Voice SIP and Maxis applicable connectivity (e.g. DIA, Business Fibre) with Maxis. “Managed Voice Cloud” means the cloud telephony service from Maxis including any supplemental or additional services that you have subscribed from Maxis as stated in the Registration Form. "Managed Services“ means the maintenance support service provided by Maxis to you for the Service(s) that you have subscribed from Maxis. “Maxis Business Voice SIP” means the internet protocol (“IP”) voice telecommunications services to be provided to you by Maxis including any supplemental or additional services such as domestic, international tollfree and trunk redirection services as may be stated in the Registration Form completed by you for the services. “Password” means the string of alphanumeric characters selected by you which, being unique to you and known only to you authenticates your user identification detail whenever you access the Service(s). “Professional Services” means professional services provided by Maxis to you for Service(s) that you have subscribed from Maxis which may include one or combination of the following: configuration, integration, installation, implementation, network assessment, training, consultation, relocation, design or migration works. “PRI” means the Primary Rate Integrated Services Digital Network (ISDN) trunk to provision traditional voice communication between an on-premise PRI phone system and the public telephone network. “SIP Trunk” means the Session Initiated Protocol (SIP) trunk to provision voice over IP communication between an on-premise phone system and the public telephone network. “Proposal” means the proposal and/or quotation issued by Maxis to you setting out the pricing and scope of the Service(s). “Site(s)” means the installation address specified in the Registration Form on, under or through which our Equipment is to be placed and/or where the Service(s) will be provided and used. “Software” means software which forms an integral part of the solution or software installed on the Hardware or software application that is to be installed on Devices.
  1. Use of the Service(s)
    1. Subject to acceptance by Maxis, Maxis will provide the Service(s) at the Site(s) as requested by you through the completed Registration Form.
    2. Maxis does not guarantee or warrant the availability of the Service(s) and continuous, uninterrupted or secured access to the internet.
    3. You shall be responsible for and liable to Maxis for use of the Service(s) whether or not you have authorised the particular use of the Service(s) by any third party.
    4. You shall only allow authorised personnel to have access to the Service(s) and configure Our Equipment, including having constant supervision and management of the use of Our Equipment. You are required to closely monitor and manage the usage of Our Equipment used to access the Service(s).
    5. You agree to grant Maxis access to the Site and remote access to the relevant solution platform or cloud admin portal to enable Maxis to support the Service(s) and provide Managed Services and/or Professional Services (where applicable).
    6. If you are subscribing to the Service(s) which requires the use of software applications such as mobile apps or desktop apps, you must ensure that your End User’s internet or data subscriptions remains active and is not suspended or terminated throughout the entire term of the Service(s) to enjoy uninterrupted use of the Service(s).
    7. You are encouraged to subscribe to Maxis’ IP Network infrastructures, namely DIA, Business Fibre Internet and/or mobile network to access the Service(s) provided by Maxis.
  1. Eligibility
    1. The Managed Voice Cloud will utilise the corresponding Maxis fixed line number assigned to it, should you opt for a Maxis’ assigned fixed number. In the event you wish to use Maxis Managed Voice Cloud with your existing PRI or SIP Trunk from another provider, you are required to invest in additional on-premise voice gateway or SBC to enable the solution to inter-operate.
    2. The Managed Voice On-Premise will require active on-premise SIP trunk connected to it to enable inbound and outbound calls to and from the public telephone network to be established. You are recommended to subscribe to Maxis Business Voice SIP and connectivity services to enjoy an end-to-end managed service. Subscribing to Maxis Business Voice SIP will have the corresponding Maxis fixed line numbers assigned to it. In the event you wish to use the Managed Voice On-Premise with your existing PRI or SIP Trunk from another provider, you are required to invest in an on-premise voice gateway or SBC to enable the solution to inter-operate.
    3. You must ensure that your end user’s internet access subscription remains active and is not suspended or terminated throughout the entire term of the Service(s).
  1. Provision of the Service(s)
    1. Save for (i) the sale of Hardware on outright basis; or (ii) sale of subscription of Software on a perpetual basis, from Maxis to you, the functionality of the Service(s) shall commence on the date the Service(s) is successfully activated and provisioned, or in the event Maxis is unable to provide the functionality of the Service(s) on the date requested, Maxis will inform you in writing a specific alternative commencement date for the functionality of the Service(s) (“Service Commencement Date”).
    2. The scope of the Services shall be indicated in the Registration Form and Proposal and as accepted by Maxis which may comprise of the provision of Hardware, Software, Professional Services and/or Managed Services. Where you have not subscribed for the relevant scope of the Services, Maxis will charge you accordingly for such additional services,
    3. Save for those to be provided under the Services, the Service(s) does not include the provision or maintenance of any Devices or software required by you to connect to the Service(s) and the Admin Portal.
    4. You are solely responsible to ensure all Your Equipment or parts thereof are compatible and can properly function and to use only properly licensed third party software in connection with the use of the Service(s) at your expense. For the avoidance of doubt, we shall not be liable for any failure to provide the Service(s) due to any fault in Your Equipment.
    5. You acknowledge that we may modify or replace any software or add, remove, suspend or stop any features or functionalities of the Service(s) at any time without notice to you.
    6. You acknowledge that Maxis reserves the right to cease and deactivate the Service(s) if it is not used for three (3) consecutive months or has never been used for at least one (1) month from the date of activation.
  1. Charges
    1. The Charges for the Service(s) shall be at the rates as offered to you by Maxis.
    2. Upon submission from you and acceptance by Maxis, the Registration Form, Maxis may require you to make a down payment and pay all or some of the Charges for the Service(s) in advance (as stated in the Registration Form and/or Proposal). Such down payment shall not be refundable unless otherwise agreed by Maxis.
    3. Maxis reserves the right to include charges on your current bill for a previous billing period which was omitted.
    4. The monthly Charges for the Service(s) shall be paid in full (1 month) regardless of the date of activation or termination.
    5. If the Service(s) is used to access a service provided by another person (e.g. a service provider), or the provision of the Service(s) at the Site(s) requires payment of an access fee to the building management, you shall pay directly such access fees including but not limited to the building management for that service.
  1. Hardware (where applicable)
    1. 7.1 The sale or lease of Hardware is subject to model availability and stock availability. In the event where the particular model or stock is not available, Maxis shall endeavour to provide similar or equivalent Hardware.
    2. For Hardware that is leased to you (“Leased Hardware”), Maxis reserves the right to modify and alter the Leased Hardware, or any components of the Leased Hardware including the brand, model, build, etc, provided that the specifications of the altered Leased Hardware are similar or comparable, and without providing prior notification to you. Maxis does not guarantee or warrant the offering of the same Leased Hardware for your subscription to Service(s) made at different times.
    3. Maxis will determine and communicate with you the expected delivery date of the Hardware (subject to stock availability). Maxis will use all commercially reasonable efforts to deliver Hardware in a timely manner during reasonable working hours. Within the same day, you shall inspect the Hardware and confirm whether the Hardware is accepted or rejected, failing which the Hardware shall be deemed accepted. You may only reject the Hardware if the Hardware or parts thereof is damaged or in the case of multiple Hardware, those portions which are damaged, and for any such instances, the damage is verified by Maxis. In the case of damaged Hardware which has been rejected due to damage which has been verified by Maxis, Maxis will replace the damaged Hardware.
    4. If the delivery of the Hardware requires any consents, you are required to obtain all necessary approvals, licenses, authorizations, consents and permits to enable Maxis to reasonably access the Site(s) to deliver the Hardware.
    5. If the delivery of the Hardware requires any specific resources and/or equipment, you are required to ensure that all necessary resources and equipment are prepared and ready to receive and accept delivery of the Hardware.
    6. In the event where you have failed to accept delivery of the Hardware on the relevant delivery date due to your fault and/or breach of this Agreement, Maxis will use commercially reasonable efforts to re-deliver the Hardware to you on another date, subject to any additional charges by Maxis.
    7. If Maxis is providing installation services with the Hardware purchase or Leased Hardware, the Registration Form will specify the installation services applicable to the Hardware and describe Customer requirements (if any). Maxis will conduct its standard installation and test procedures to confirm completion. The installation of any Hardware will be considered as part of Professional Services.
    8. Title and Risk
    9. Where Hardware is purchased by Customer,
      1. Risk of loss or damage to Hardware passes upon delivery by Maxis to Customer or its designee;
      2. Title to Hardware passes to Customer upon full payment of Charges; and
      3. Customer shall, at its own cost and expense, take appropriate insurance to insure against the total loss and/or damage to the Hardware while the same remains in the possession of Customer following delivery until title passes to Customer accordance to Clause 7.6.1(b) above. Notwithstanding that the Hardware is insured, Customer shall remain liable to reimburse Maxis for any loss and damage of the Hardware if the insurance coverage is insufficient to cover the same.
    10. Where Hardware is leased to Customer,
      1. Title to and ownership of the Leased Hardware shall at all times remain with Maxis. Customer shall not make the Leased Hardware or such parts available for sale, transfer, exchange or other disposition. Customer shall inform Maxis of the whereabouts of the Leased Hardware whenever requested by Maxis.
      2. Risk of loss or damage to the Leased Hardware shall pass to Customer upon delivering the same to Customer or its designee.
      3. All substitutions, replacement parts, additions, or improvement to the Leased Hardware whenever made shall remain Maxis’ property and Customer shall not be entitled to receive any payment from Maxis in respect thereof. It is expressly declared and agreed that nothing herein contained shall be construed to imply that title to the Leased Hardware will or may pass to Customer.
      4. Customer shall, at its own cost and expense, take appropriate insurance to insure against the total loss and/or damage to the Leased Hardware. Notwithstanding that the Leased Hardware is insured, Customer shall remain liable to reimburse Maxis for any loss and damage of the Leased Hardware if the insurance coverage is insufficient to cover the same.
      5. Customer shall immediately inform Maxis if any Leased Hardware is lost, destroyed, damaged or stolen.
  1. Warranty
    1. You understand and agree that any warranty with respect to the Hardware shall be provided to you directly by the manufacturer of the Hardware and not Maxis. Maxis will pass on the requisite warranty from the manufacturer of the Hardware to you and such warranty shall be governed by and subject to the terms and conditions imposed by the manufacturer of the Hardware. Such warranty is in lieu of all other warranties, and the manufacturer of the Hardware disclaims all other warranties, express or implied, including any warranty of merchantability, satisfactory quality, fitness for a particular purpose or arising from the course of dealing between the parties or usage of trade. Unless otherwise specified in the Agreement or the warranty statements referenced in the above, Hardware warranty claims do not cover:
      1. improper use, misapplications, failure to comply with site preparation or site conditions as may be recommended by Maxis and/or Hardware manufacturers;
      2. modifications or improper system maintenance, repair, enhancements or calibration not performed or authorized by Maxis;
      3. malware, viruses or other harmful codes not introduced by Maxis;
      4. abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by you, or other causes beyond the control of Maxis and/or the manufacturer of the Hardware;
      5. use of Hardware in combination with other products not supplied by Maxis;
      6. defects or problems caused by or resulting from events beyond the reasonable control of the manufacturer of the Hardware; and/or
      7. defects caused by your failure to meet minimum system requirements.
    2. If you subscribe for Managed Services for the Hardware in a Registration Form, Maxis will provide reasonable assistance to you in facilitating warranty claims against the manufacturer for faults or defects in the Hardware. If the manufacturer rejects any claim or is unwilling or unable to perform under the terms of the warranty, you agree that Maxis shall not be liable.
    3. Should you opt only for the purchase of Hardware, the installation and maintenance support will be excluded and will be charged separately if subscribed separately. You shall deal directly with the manufacturer for any claim of faults or defect under warranty during the warranty period for the Hardware as set out in the limited warranty set by the manufacturer.
  1. Software (where applicable)
    1. Maxis will determine and communicate to you the expected delivery date for the Software (subject to Software availability). Maxis will use all commercially reasonable efforts to deliver Software in a timely manner. Maxis may elect to deliver Software and related licence information by electronic transmission or via download which shall be deemed accepted by you.
    2. The Licensor’s software licence terms will govern your use of Software (“License Terms”).
    3. In using the Software, you and your End Users shall comply with the following restrictions:
      1. the number of persons assigned by you to use the Software shall not exceed the limit stipulated in the Registration Form, Proposal or License Terms (if any);
      2. you may not use the Software for any purpose other than as expressly authorized under the Proposal or License Terms;
      3. you may not authorize or permit any third party (save for the End Users(s)) to use or access the Software without Maxis’ prior written consent;
      4. you may not sublicense, assign, or otherwise transfer any of its rights in the Software to any third party;
      5. you may not modify, correct, adapt, translate, enhance or otherwise prepare any derivative works of or improvements to the Software;
      6. you may not reverse engineer, disassemble, decompile, decode or adapt the Software or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part; and
      7. you shall not make any copies of the Software unless otherwise permitted under the License Terms.
      In the event of any conflict or inconsistency between the restrictions set out in Clause 9.3 above and the License Terms, the latter shall prevail.
    4. Software is covered by limited warranty statements and coverage provided or made available by the relevant Licensor. Unless otherwise specified in the Agreement or the warranty statements referenced in the above, Software warranty claims do not cover:
      1. your failure to meet hardware specifications, as recommended by Maxis and/or Licensor(s);
      2. defects caused by your failure to meet minimum system requirements;
      3. modifications or improper system maintenance or calibration not performed or authorized by Maxis;
      4. malware, viruses or other harmful codes not introduced by Maxis;
      5. abuse, negligence, accident, fire or water damage, electrical disturbances, or other causes beyond the control of Maxis or the third party licensor;
      6. defects and/or problems caused by or resulting from accident, abuse, unauthorized repair, modifications, enhancements and/or misapplications;
      7. use of the Software in a manner inconsistent with this Agreement and any instructions, manuals and/or specifications provided by the Licensor;
      8. defects or problems are caused by or resulting from events beyond the reasonable control of the Licensor; or
      9. use of Software in combination with other products not supplied by Maxis.
    5. If you subscribe for Managed Services for the Software, Maxis will provide reasonable assistance to you in facilitating warranty claims against the Licensor(s) for faults or defects in the Software, excluding claims relating to security breach. If the Licensor rejects any claim or is unwilling or unable to perform under the terms of the warranty, you agree that Maxis shall not be liable. Further, Maxis shall not be liable to you for any security breach or incident caused by the Licensor, and you shall deal directly with the Licensor for any claim for loss, faults or defect arising from such breach or incident.
    6. Should you opt only for the subscription of Software, the installation, configuration and support services will be excluded and will be charged separately if subscribed separately. Maxis will provide one-time installation and configuration services of the relevant Software on the applicable Hardware.
       
  1. Managed Services (where applicable)
    1. You shall obtain all necessary approvals, licenses, authorizations, consents and permits to enable Maxis to (i) reasonably access the Site(s); or (ii) use, access, maintain or modify your (or third party) software or hardware, or other materials provided by you, to the extent necessary to provide Managed Services to you. If you fail to provide such access, consents or approvals, this may result in Maxis’ inability to provide Managed Services and you shall be liable for any delays and/or breach arising from the same.
    2. You are responsible for removing or dismantling any hardware or software ineligible for Managed Services to allow Maxis to perform such services.
    3. Relocation of any Hardware or Software subject to the Managed Services is your responsibility. The provision of any Maxis’ services for relocation of such Hardware or Software relevant for the Managed Services is subject to: (a) local availability of Maxis’ services; (b) change in Charges; and (c) any applicable license terms for such Hardware or Software.
    4. The scope, assumptions, dependencies, qualifications, exclusions and service levels of the Managed Services are stated in the Proposal.
    5. Where necessary, Maxis is entitled to make any alteration or changes to the Managed Services in whole or any part thereof. Where reasonably practicable, Maxis will endeavour to give you advance notice of such changes, be it through written notice, electronic mail, our bill, Maxis website or such other form as Maxis deems appropriate. Where such changes will materially adversely impact the Managed Services, Maxis may recommend relevant actions and steps for your consideration.
    6. Where (i) Maxis recommends or propose any upgrades / enhancement / modifications to the Software and Hardware which are subject to the Managed Services; and (ii) such upgrades / enhancement / modifications are not accepted by you, Maxis is not responsible and will not be liable for (i) any defects, bugs, faults, and incompatibility of the Hardware and Software; and (ii) for the Software and/or Hardware failing to meet the requirements under the Agreement or as may be required by you.
    7. Maxis does not support or provide any support for any ‘End-of-Life’ Hardware and ‘End-of-Support’ Software. The terms “End-of-Life” and “End-of-Support” refers to the situation whereby the relevant hardware or software is no longer supported / serviced / maintained by the relevant manufacturer / principal / licensor.
  1. Professional Services (where applicable)
    1. The parties will mutually agree an acceptance test plan, including objective acceptance criteria. In the absence of any acceptance process and plan in the Agreement, acceptance of Services will occur upon delivery by Maxis to you.
    2. Acceptance test procedure:
      1. Maxis will notify you when the Service is ready for acceptance testing.
      2. Upon completion of testing, you will either sign the acceptance report provided by Maxis or notify Maxis in writing with details of any failure of the Services to conform to the acceptance criteria in the plan (where applicable).
      3. Maxis will correct any non-conformance within a reasonable time and will redeliver the Services for a repeat of the steps (a) and (b) as necessary to verify conformance with the plan (where applicable).
      4. In the event that Maxis is unable to remedy the non-conformance, your sole remedy will be to either (i) accept the Services, as delivered, without warranty, subject to reasonable price adjustment, or (ii) accept alteration of the solution (with price adjustment if applicable).
    3. Services requiring acceptance testing will be deemed accepted by you upon the earlier of (i) when you advise Maxis of your acceptance; (ii) five (5) Working Days after completion of testing if no notice of non-conformance is issued by you and received by Maxis; or (iii) when you use Service(s) for any purpose other than testing and review. You will not unreasonably withhold or delay acceptance of the Service(s). In the event of any delay of acceptance of the Service(s) contributed by or due to you, you acknowledge that this may reduce the warranty period for any Software and Hardware that Maxis are delivering to you. If you require any extension of the warranty period, Maxis has the right to charge any relevant costs for the extension of such warranty.
    4. If Professional Services require any consents, you are required to obtain all necessary approvals, licenses, authorizations, consents and permits to enable Maxis to (i) reasonably access the Sites, or (ii) use, access, maintain or modify your (or third party) software or hardware, or other materials provided by you, to the extent necessary to provide the Professional Services.
    5. You will (i) ensure that your personnel cooperate fully with Maxis for the provision of Professional Services, and (ii) promptly provide Maxis with such information and documents as we may reasonably request for the proper performance of our obligations hereunder. You shall be responsible for ensuring such information is true, accurate, complete and not misleading in any material respect.
    6. Maxis shall use all reasonable endeavours to perform the Professional Services by the dates set out in the Registration Form, Proposal or the project plan (as may be agreed between the parties). Maxis shall have no liability for liquidated or other damages arising out of such delay.
    7. Maxis warrants the Services will conform materially to their written specifications for five (5) Working Days following acceptance (where the Services require acceptance testing) or following delivery (where there is no acceptance process agreed between the parties). If you notify Maxis of a non-conformity during such five (5) Working Days period, Maxis will promptly remedy the impacted Services.
    8. Maxis does not warrant (i) any business results you may wish to achieve; and/or (ii) complete protection against any security or other risks.
  1. Equipment
    1. If during operation of the Service(s), Your Equipment causes fault, you shall pay Maxis all the restoration costs incurred to restore the Service(s).
    2. You shall not remove, relocate or cause the removal or relocation of Your Equipment and Our Equipment (including the removal or any mark, word or number on the Equipment) without Maxis’ prior written permission. If written consent is given by Maxis, you may request Maxis to disconnect or reconnect Your Equipment from Our Equipment at a mutually agreed fee. The costs of removal or relocation of Our Equipment shall be borne by you.
  1. Vacating the Site(s)
    1. If you intend to vacate or relocate from the existing Site(s) where any part of Our Equipment is installed, you shall inform Maxis by giving thirty (30) days prior written notice. Maxis may, at any time within that period, remove and retain Our Equipment for safekeeping without affecting your liability. Maxis may, subject to mutual agreement, either relocate Our Equipment to your other premises at your cost in order to continue to provide the Service(s) or discontinue the Service(s) in accordance with this Agreement.  
  1. Numbering
    1. Maxis may allocate a Maxis fixed line number to the Service(s) according to the installation address provided by you and vary that number in accordance with national regulatory policy on numbering.
    2. You shall not transfer and/ or assign the telephone numbers and personal identification numbers provided to another user or any third party without Maxis' prior written consent.
    3. You have no claim of any legal interest or goodwill in any number or personal identification number issued by Maxis.
    4. You shall manage matters relating to other operators’ fixed line numbers (i.e. non-Maxis) in the event you may have any subscription with them.
  1. IP Network connectivity for the Service(s) (Where applicable)
    1. Service(s) with DIA / Business Fibre Internet / MPLS IP VPN Service / Maxis Business Voice SIP / Mobile Plan
      Suspension, barring or termination of DIA, Business Fibre Internet, MPLS IP VPN Service, Maxis Business Voice SIP and/or Mobile Plan will not cause the Service(s) to be suspended, barred or terminated. The Service(s) will continue to be subscribed for the Minimum Period of Service (where applicable) and any renewal thereafter, unless terminated according to the terms of this Agreement.
    2. Service(s) with Other Service Provider’s connectivity
      The provision of the Services may be dependent on connectivity and/or voice services (e.g. SIP Trunk, PRI trunk, analogue telephone trunks) provided by other third party service providers as may be engaged by you. It would be your responsibility to communicate and discuss with your respective third party service providers if any of such services have impacted the delivery, provision or performance of the Services and its functionalities. Suspension, barring or termination of such services provided by third party service providers will not cause the Service(s) to be suspended, barred or terminated. The Service(s) will continue to be subscribed for the Minimum Period of Service (where applicable) and any renewal thereafter, unless terminated according to the terms of this Agreement.
  1. Minimum Period of Service and Termination
    1. You agree to be subject to a minimum period of service as stated in the Registration Form from the activation date (“Minimum Period of Service”) of each subscription. Upon expiry of the Minimum Period of Service, the Service(s) shall be automatically renewed on a monthly basis on the same terms and conditions unless terminated by either party by giving a thirty (30) days advance written notice.
    2. Maxis may terminate this Agreement and/or the Service(s) for convenience by giving you thirty (30) days’ advance written notice.
    3. You may terminate the Service(s) or any part thereof by giving Maxis thirty (30) days’ advance written notice. If you terminate the Service(s) on or within thirty (30) days from the date of installation of the Service(s), you are to pay Maxis the installation cost for the Service(s), which will be recovered from you as a debt due to Maxis.
    4. 16.4 If you change your package or terminate the Service(s) before the expiry of the Minimum Period of Service or if Maxis terminates the Service(s) or Agreement or any part thereof due to breach by you, you shall in addition to paying the due payments in Clause 16.5 below, pay Maxis an early termination charge for every month or part thereof of the unexpired duration of the Agreement. You shall be furnished with a final statement of account which shall be due and payable by you to Maxis upon receipt. The early termination charges shall be calculated as follows:
      [Monthly service rental or charge per line]
      X
      [The remainder of unexpired duration of the Agreement]

    5. Upon termination of the Service(s) or part thereof or this Agreement for any reason whatsoever, you shall be liable to Maxis for:
      1. Service(s) that has recurring subscription that is still in contract. The monthly subscription fee for the whole month preceding the termination and if there are any other outstanding amount due to Maxis, to be settled in full;
      2. The monthly service rental or charge per line for the whole month preceding the termination will continue until return Our Equipment or Our Equipment is collected by Maxis (as the case may be);
      3. Any early termination of the Service(s). You will have to settle any remaining unbilled amount due to Maxis for Service(s) subscribed in full; and
      4. Any call charges incurred by you until Maxis ceases providing the Service(s).
    6. In the event where (i) Maxis has committed to the order(s) for the Hardware and/or Software or commenced delivery of the Hardware / Software, and (ii) you have decided to cancel / terminate the delivery of the relevant Hardware / Software, Maxis shall have the right to charge you: (a) 100% of the price of the Hardware (purchased or leased); and (b) 100% of the price of Software subscription, and extended warranty.li>
  1. Limitation of Maxis Liability
    1. Subject to clause 20.10 of the GTC, Maxis’ liability shall be limited to the lesser of: (a) the fees paid to Maxis by you over the twelve (12) months period prior to the date of the breach or (b) RM500.00.
  1. Our Content
    1. The compilation (including but not limited to the collection, arrangement and assembly) of all our Content in the Service(s) is the exclusive property of Maxis or our Licensor, as the case may be and protected by copyright, trademarks and/or other Intellectual Property rights and other relevant laws of Malaysia, the applicable laws of the country of domicile of the Licensor and international copyright laws. You are only allowed to view and use our Content and Service(s) for commercial purposes during the term of this Agreement. Our Content in the Service(s) may not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means except with our prior written consent.
    2. We reserve the right to modify, add or delete any of our Content appearing on or in connection with the Service, at any time without prior notice.
    3. You may not frame or utilise framing techniques to enclose any of our Content, trademark, logo, or other proprietary information (including images, text, page, layout, or form) of Maxis or our Licensor without our prior written consent. You may not use any meta tags or any other “hidden text” utilising names, logos or trademarks belonging to Maxis or our Licensor without our prior written consent.
    4. Unless expressly stated in this Agreement, no license or rights to our Content are granted to you and your access or use of the Service(s) should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos, or Licensor marks without Maxis’ and our provider’s prior written consent.
    5. You acknowledge and agree that by using the Service(s), you may be exposed to Content which is inaccurate, misleading, defamatory, offensive and unlawful. Any reliance on or use of any Content on or accessible from the Service(s) is at your own risk. We are not responsible nor do we endorse, support or guarantee the lawfulness, accuracy or reliability of any of our Content transmitted or displayed by or linked to the Service(s).
  1. Your Content
    1. We do not control, actively monitor or review your Content and you shall be responsible for any of your Content and for the accuracy, integrity, legality, reliability, appropriateness, quality and ownership of your Content.
    2. Service allows you and/or your End Users to post, upload, send or otherwise make available Content on your Service. When you do that, you retain the ownership rights in your Content which are your sole responsibility. You are also responsible for any links to other third party websites or resources or services that you use. We do not claim ownership of your Content and you (or your End Users) retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources, in particular from the collection of predesigned templates.
    3. You are entitled to use materials that we render available to you solely to use the Service(s) for its intended purpose. Please note that our resources (in particular the predesigned templates) may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials and/or demand that you immediately stop using them, in particular on the Service(s). If you do not promptly satisfy our demand, we shall be entitled to delete such materials at our sole discretion, with no liability on our side. In the aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
    4. If you post, upload, send or otherwise make available Content which belongs to a third party, you undertake to obtain the consent of such third party, in addition to and not in derogation of your obligations resulting from these terms and conditions.
    5. You acknowledge and accept that we may preserve your Content and disclose it if we are required to do so by law or if it is necessary to enforce these terms and conditions, a court order or a decision of a competent public authority, respond to claims that any of your Content or the activity of the Service(s) violates the law or the third party’s rights.
    6. While we are not required to pre-screen or control your activity related to the use of the Service(s), you consent to allowing us to access, review, screen and/or delete any of your Content, block or suspend access to the Service(s) or any part of it, with or without notice, at our sole discretion at any time if we receive any information or have reasonable suspicion that your or the End User(s)’ activity or your Content violate these terms and conditions or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.
    7. You should not post, upload, send or otherwise make available Content that:
      1. violates or infringes a third party’s rights of publicity, privacy, copyright, trademark or other Intellectual Property right;
      2. misrepresents or misleads;
      3. bullies, harasses or intimidates;
      4. slanders, defames or libels;
      5. spams other users;
      6. is illegal in nature; and/or
      7. may likely or is used for the purposes of carrying out any illegal activity.
  1. License
    1. You shall only allow authorised personnel to have access to the relevant solution platform or admin portal to configure your End User(s) feature (e.g. telephone number, call plan and license), including constant supervision and management of the use of the Service(s). You are required to closely monitor and manage the usage of the Service(s) used by your End User(s).
    2. Registered End User(s) will be able to login to use the Service(s) using the User ID and password that you have granted access to them, with supported Devices. The Service(s) does not support jail-broken/rooted Mobile Device for both IOS and Android devices.
    3. The Service(s) only supports the current and previous one (1) version software on Devices (Android or iOS). The relevant Software may automatically download, and upgrades, updates or other new features may automatically install. You may be able to adjust these automatic downloads via the settings in your Devices.
    4. If an End User(s) intends to switch to new Devices, the End User(s) is required to reinstall the relevant Software in the new Devices and login as usual using its registered User ID and password.
    5. You shall not tamper or alter the Software or Hardware without Maxis’ or Licensor’s prior written permission.
  1. Log-on Details
    1. We will create an account and provide you with one (1) main Log-on Detail information required to connect to and access the Service(s) for making or receiving calls through the Maxis fixed line telephone number, including a sufficient number of Log-on Details, as determined by us to provide your End User(s) with access.
    2. Maxis reserves the right to request you to reset or alter your Password. You may change and/or create new Log-on Details at any time by submitting a request to us in writing which shall be subject to our approval and any additional charge. The right to your account, Log-on Detail and other identifiers used for the Service(s) does not transfer to you and can be disabled, reclaimed and reused once your account is terminated or deactivated for whatever reason by either you or us.
    3. You are encouraged to periodically change your Password especially when an End User is changed.
    4. You acknowledge that the provision and use of the Service(s) shall include, but not limited to:
      1. access to enabling the Service(s) you subscribe to make and receive calls through Maxis fixed line telephone number and public telephone network.
      2. Acting as a single point of contact for Maxis to contact or consult in connection with the Service(s) whenever the need arises.
    5. We reserve the right to invalidate or suspend your Log-on Details and Password at any time without being obliged to offer you any explanation or prior notice in the event of (i) non-payment, (ii) suspected and/or proven misuse of the Service(s), (iii) you are not complying with your responsibilities and obligations under this Agreement, or (iv) any infringement of a third party's Intellectual Property occurs or is alleged in connection with the Service(s). We shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.
  1. Your responsibilities and obligations
    1. You shall also provide adequate power points and fuses (as approved by Tenaga Nasional Berhad).
    2. You shall not tamper, remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    3. You shall only connect Your Equipment which is type approved and/or certified by the appropriate authorities to Our Equipment.
    4. If during operation of the Service(s), Your Equipment causes fault, you shall pay Maxis all the restoration costs incurred to restore the Service(s).
    5. You shall not remove, relocate or cause the removal or relocation of Your Equipment and Equipment of the Service(s) subscribed that is managed or maintained by Maxis (where applicable) (including the removal or any mark, word or number on the Equipment) without Maxis’ prior written permission. If written consent is given by Maxis, you may request Maxis to disconnect or reconnect Your Equipment from Equipment of the Service(s) subscribed (where applicable) at a mutually agreed fee. The costs of removal or relocation of the Equipment of the Service(s) subscribed (where applicable) shall be borne by you.
    6. For the avoidance of doubt, we shall not be liable for any delay or failure to provide the Service(s) due to any fault in Your Equipment.
    7. You acknowledge and agree that you shall:-
      1. adhere to the terms and conditions herein and the Licensor’s terms and conditions at https://www.deltapath.com/end-user-license-agreement-for-deltapath-software/.
      2. use the Service(s) only and directly related to your trade, business or profession. You shall not use the Services(s) in any manner that could damage, disable, impair, disrupt, inhibit or otherwise interfere with other users from enjoying the Service(s) or that could damage, disable, overburden or impair the functioning of the Service(s), the networks or security systems used to provide the Service(s);
      3. always use caution when giving out any personally identifiable information about yourself or your personnel via Service(s) and/or the Service(s);
      4. not carry out or permit to be carried out any copying, additions, improvements, adjustments, modifications, alterations, reverse engineering, replacements, reselling and/or distribution of the Service(s) without the prior written consent of Maxis;
      5. retain Service(s) at all times in the custody and control of yourself and not permit any third party to use Service(s). Use of the Service(s) by any third party shall be deemed to be use of Service(s) by you;
      6. be solely responsible for any data or 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;
      7. be responsible to ensure connectivity service from other non-Maxis operators that you may be using is functioning properly.
      8. not suspend Service(s) at any time. Service(s) shall continue even if you suspend the Maxis connectivity service;
      9. access the Service(s) mobile application and Service(s) web application only through the interface provided by Maxis and not by any other automated means or interfaces;
      10. use the Service(s) at your own risk, including information and data you upload, input or provide when using the Service(s);
      11. use all precautions to prevent, and report immediately to us upon the discovery of, any fraud, unauthorised usage, or any other unlawful acts and you agree to lodge a police report whenever instructed by us and to give us a certified copy of such report;
      12. not use or permit the use of the Service(s) or install, connect, link or use or permit the installation, connection, linking or use of any equipment in contravention of any law or which generates or is likely to generate traffic or usage which causes or is likely to cause congestion in or disruption to the provision or operation of any service by us or any other service provider;
      13. 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;
      14. impose necessary restrictions and obligations on the End User(s) to ensure they uphold these terms and conditions as if the End User(s) were a party to this Agreement;
      15. be adequately insured with a reputable insurer against all risks which a prudent person carrying on its business would insure against;
      16. be responsible for obtaining and maintaining all licences, permits, consents, authorisations and intellectual property or other rights required for the use of the Service(s) and other equipment and software in your name and at your expense; and
      17. ensure that all other equipment and software used in connection with the Service(s) or part thereof are compatible and can properly function.
    8. You bear ultimate responsibility over the Customer Data and Maxis has no liability for loss, corruption, or destruction of Customer Data. You acknowledge that transmissions on networks, including the internet and internet-facing applications carry certain risks that could result in loss of data and property and those risks are not Maxis' responsibilities.
    9. You are responsible for obtaining and maintaining all necessary rights and permissions to enable, and grants such rights and permissions to, Maxis, including its Related Corporations and contractors, to use, provide, store and otherwise process Customer Data (i) as part of the Service(s), (ii) in order to comply with applicable laws, subpoenas, discovery or similar orders or requests, and/or (iiii) to investigate or help prevent or mitigate security threats, fraud or other illegal, malicious or inappropriate activity. If and when any disclosure of your Customer Data is required by law, Maxis will (if permitted to do so) make reasonable efforts to inform you so that you may seek legal protection. This includes you making necessary disclosures and obtaining consents in compliance with applicable laws, if required, before providing individuals’ information, including personal or other regulated data in such Customer Data. You shall immediately notify us in the event of any claim or complaint with respect to Customer Data and/or where there has been an event of non-compliance with applicable laws, whether discovered by you or forming the subject of an investigation, enquiry and/or process by a government agency or law enforcement authority. If any Customer Data could be subject to governmental regulation or may require security measures beyond those specified by Maxis for the Service(s), you will not input, provide or allow such Customer Data without Maxis’ prior written consent. Where the Customer Data are critical or significant to your operations, you are advised to safeguard, maintain and back-up the Customer Data.
  1. Disclaimer and Liability
    1. YOU AGREE THAT THE SERVICE(S), IN WHOLE OR IN PART, IS PROVIDED BY THIRD PARTY SERVICE(S) 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.
    2. IN ADDITION TO AND NOT IN DEROGATION OF THE GTC, WE EXCLUDE ANY LIABILITY RELATED TO IT AND ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSES ARISING FROM ANY CLAIMS WHATSOEVER INCLUDING BUT NOT LIMITED TO CYBER TERRORISM, INVASION OF PRIVACY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR BREACH OF ANY LAW OR REGULATION ARISING FROM THE USE OF THE SERVICE(S), WHETHER BY YOU OR ANY OTHER THIRD PARTY. RISK PASSES TO YOU IMMEDIATELY UPON ACTIVATION OF THE SERVICE(S).
    3. WE DO NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN THE SERVICE(S) AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO THE SERVICE(S) AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SERVICE(S).
    4. WE ARE NOT LIABLE FOR ANY UNAUTHORISED ACCESS OR USE OF THE SERVICE(S) (NOTWITHSTANDING THE CAUSE OF SUCH UNAUTHORISED ACCESS) AND FOR ANY LOSS OR DAMAGE DUE TO LOSS OF YOUR INFORMATION AND/OR DATA AND SHALL HAVE NO OBLIGATION TO BACK UP OR MANAGE THE DATA/INFORMATION.
    5. 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 PARTIES MIGHT SUSTAIN AS A RESULT OF THE USE OF THE SERVICE(S) BY YOU. ACCORDINGLY, YOU MAY ONLY USE THE SERVICE(S) IF YOU ACCEPT ALL SUCH RISK AND INSURE ACCORDINGLY.
    6. THE SERVICE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAXIS SHALL NOT BE HELD LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICE(S). ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE SERVICE(S), WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY MAXIS OR ITS AGENTS, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
    7. MAXIS DOES NOT GUARANTEE THAT (A) THE SERVICE(S) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT MAXIS WILL CORRECT ALL ERRORS OR INTERRUPTIONS IN THE SERVICE(S); (B) THE SERVICE(S) WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) THE SERVICE(S), INCLUDING ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL YOU OBTAIN FROM MAXIS UNDER THIS AGREEMENT, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND (D) ANY SERVICE(S) LEVELS, PERFORMANCE INDICATORS, OR ANY OTHER BENCHMARKS WILL BE MET BY THE SERVICE(S).
    8. YOU ACKNOWLEDGE THAT THE SERVICE(S) MAY BE SUBJECT TO LIMITATIONS, DELAYS, DELIVERY FAILURES AND OTHER PROBLEMS INHERENT IN COMMUNICATIONS FACILITIES AND NETWORKS, INCLUDING THE INTERNET. MAXIS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
    9. YOU AGREE THAT MAXIS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SERVICE(S) AT ANY TIME WITHOUT NOTICE.
    10. 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, AND YOU AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND MAXIS AGAINST ANY CLAIM AND INDEMNIFY MAXIS FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION, SOFTWARE, OR NON-MAXIS MATERIALS.