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Terms & Conditions

Service Specific Terms & Conditions – Managed Network Service

Version 15 December 2023 Posted on 4 January 2024

Service Specific Terms & Conditions – Managed Network Service

    1. Service(s): Managed Network Service.
    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”), this Service Specific Terms & Conditions – Managed Network Service (“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 applicable Service Specific Terms & Conditions for connectivity Service(s) provided by Maxis (“SSTC for Connectivity Service(s)”); the GTC and the STC, shall be construed in the following order of precedence: (a) this SSTC; (b) SSTC for Connectivity Services; (c) GTC; and (d) STC.
  • Unless the context otherwise requires, the highlighted words shall have the following meanings:

    • License” means the license for the Software.
    • Managed Network Service” means Maxis’ provision of network related services from WAN to LAN, and include other services as stated in the Solution Proposal.
    • "Maxis Equipment” means any equipment provided, installed and maintained by Maxis at the Site(s) in order to provide Service(s) to you, including and not limited to, router, SD-WAN CPE, wireless modem, Optical Network Terminal (“ONT”), Broadband Termination Unit (“BTU”), Firewall, WiFi AP, switch, controller, and so on, which remain as Maxis’ property and belong to Maxis.
    • Minimum Period of Service” means the Contract Period stated in the Registration Form, commencing from the Service Commencement Date unless otherwise agreed between you and Maxis.·     
    • Outage Period” means the period commencing from the earlier of: (a) the time a service affecting fault is reported by you to Maxis fault management centre and which has been accordingly acknowledged as a fault by Maxis up to the time the Service(s) is restored; or (b) the time a service affecting fault is detected by Maxis’ fault management centre up to the time the Service(s) is restored.   
    • SD-WAN CPE” means the device and Software to be provided, installed and maintained by Maxis at the Site(s) to provide SD-WAN service.
    • SD-WAN” means Software Defined Wide Area Network Service connecting all the Site(s) subscribing to the Service(s), comprises of (1) overlay software configuration and control over a controller at the cloud with the License, (2) SD-WAN CPE to be installed at each Site, (3) connectivity to each Site, and (4) Maxis management and support of the Service(s), including the Configuration Change Request.  
    • Service Commencement Date” means the date on which Maxis notifies you that the Service(s) is ready for use upon completion of the user acceptance test. The Service(s) is deemed accepted by you five (5) working days from the date of submission of the Service Acceptance Form by Maxis to you.
    • Site(s)” means the premise(s) designated by you under “Installation Address” segment in the Registration Form, including the building(s) where the premise(s) is located, under or through which the Maxis Equipment is to be placed for the provisioning of the Service(s).
    • SLA” means the service levels agreement, which is the availability of the Service(s) for a particular site, expressed as [(24xM)–O]/[24xM]x100, where M = number of days in one (1) calendar month, O = Outage Period in hours, provided it is stated in the Solution Proposal.
    • Software” means any Software programmes provided to you as part of or through Maxis Equipment, which allows you to access or use the Service(s), including any Software upgrades or updates.
    • Solution Proposal” means the final proposal submitted by Maxis to you, which may include technical proposal, scope of work documents, quotations covering the design of the proposed solution, type(s) of connectivity, scope of service, SLA, etc as attached to the Registration Form and form part of the Agreement.·
    • WiFi AP” means the access point to be provided, installed and maintained by Maxis at the Site(s) to provide wireless local area network service.
    1. Subject to acceptance by Maxis, Maxis will provide the Service(s) at the Site(s) as requested by you. Availability of the Service(s) can only be confirmed after the order is processed and the feasibility check has been completed. A positive coverage check prior to ordering does not guarantee that the availability of the Service(s) and speed. Maxis will notify you in such cases and endeavour to provide an alternative if possible.
    2. Unless otherwise provided herein, the Service(s) shall not include the provision or maintenance of any other equipment or software required by you to connect to the Service(s).
    3. If you subscribe to the Service(s) as part of a bundle with other Maxis’ connectivity services, the service specific terms and conditions (SSTCs) for the other Maxis services shall apply.
    4. The SLA for the Service(s) may vary depending on the solutions as set out in the Solution Proposal.
    5. In addition to the indemnities provided by you to Maxis under the GTC, you further agree to indemnify, defend, hold harmless Maxis and its respective officers, directors, employees, contractors and agents against and from any loss, theft, debt, liability, damage, obligation, claim, demand, or settlement including without limitation all reasonable costs and expenses arising out of, or resulting from Maxis Equipment loss or damage.
    6. In the event where cellular connectivity is used as backup connectivity, the existing Fixed IP address used in the main connectivity will not be applicable via the cellular connectivity until the main connectivity is restored.
  • Should the Service(s) include any Service Provider’s solution:

    1. Service Provider’s solution is provided by another Service Provider through Maxis. In addition to and not in derogation of the GTC, Maxis excludes all liabilities related to the Service Provider’s solution and Maxis shall not be responsible for any loss, damage, liability or expenses arising from any claims whatsoever, including but not limited to cyber terrorism, invasion of privacy, loss of data, infringement of intellectual property rights or breach of any law or regulation arising from the use of the service Provider’s solution, whether by you or any other person. Risk passes to you immediately upon activation of the Service Provider’s solution.
    2. Technical or customer support for the Service Provider’s solution will be provided by Maxis via a 24 hours/ 365 days toll free helpdesk support.
    3.  We do not control or endorse the content, messages or information found in the Service Provider and, therefore, we specifically disclaim any liability with regard to the Service Provider’s solution and any actions resulting from your use of the Service Provider’s solution.
    4. We are not liable for any unauthorised access or use of the Service Provider’s solution (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. Maxis and the Service Provider hereby grant you the License to use the Service Provider’s solution where it shall remain the property of the Service Provider at all times and the ownership (including proprietary interest thereof) of the Service Provider’s solution does not at any time pass to you.
    6. You acknowledge and agree that you shall:
      1. adhere to the terms and conditions herein and at the Service Provider website;
      2. not carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to the Service Provider’s solution without the prior consent of Maxis;
      3. retain the Service Provider’s solution at all times in the custody and control of yourself. The use of the Service Provider’s solution by anyone outside of your company shall be deemed to be use of the Service Provider’s solution by you;
      4. be solely responsible for any data transmitted or broadcasted (whether authorised by you or not) and the security of any data/information retrieved, stored or transmitted and managing the use of the storage capacity for your data/information to ensure it is within the capacity allocated to you. We are not liable for any unauthorised access to any data/information notwithstanding the cause of such unauthorised access and shall have no obligation to back up or manage the data/information;
      5. use all precautions to prevent, and report immediately to us - upon the discovery of, any fraud, unauthorised usage, or any other unlawful acts. You agree to lodge a police report whenever instructed by us - and to give us - a certified copy of such report;
      6. not use or permit the use of the Service Provider’s solution 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;
      7. use the Service Provider’s solution according to the specifications, guidelines and recommendations and shall immediately disconnect or cease to use the Service Provider’s solution at the request of Maxis; and
      8. ensure that all other equipment and software used in connection with the Service Provider’s solution or any part thereof are compatible and can properly function.
    7. Suspension or termination of the Service(s) will also cause the Service Provider’s solution to be suspended or terminated at the same time.
    1. The recurring Charges for the Service(s) shall be at the rates and frequency as offered to you by Maxis (“Recurring Charges”). The billing for each Site shall commence from the Service Commencement Date. You are responsible for payment of all the Recurring Charges associated with the Service(s).
    2.  If you request for a change in the Service Commencement Date, Maxis may charge you its prevailing administrative fees to affect the change.
    3.  Where applicable, you shall pay Maxis a One-time Charge (“OTC”) at the prevailing rates set by Maxis. An additional charge may be added to the OTC if installation is delayed, postponed, aborted or fails due to your act, omission or negligence, including but not limited to; no access to the Site(s), incorrect/missing internal cabling and/or power facilities and wrong environmental conditions.
    4. You shall be responsible for all charges arising from any service obtained by you from other service provider to establish a connection to the Service(s). You acknowledge and agree that when a call to access the Service(s) is made from the facilities provided by the Vendor’s solution Provider, you are solely responsible for any charges imposed by the Vendor’s solution Provider.
    1. You are responsible, at all times, for the safety of Maxis Equipment in your Site(s).
    2. Maxis Equipment has a warranty that is reflective of your specific contract with Maxis, excluding damage due to your negligence, damaged by water, flood, fire, temperature, or other Matters Beyond Our Reasonable Control.
    3. Maxis is responsible to configure and maintain Maxis Equipment at all times.
    4. Maxis has the right to discontinue a particular brand and model of Maxis Equipment and the associated License (if any) due to the End of Life (EOL) of that Maxis Equipment.
    5. All of the Maxis Equipment are Maxis’ property. Maxis Equipment must be returned at the end of contract or upon any termination, in good working condition as when it was delivered to you (fair, wear and tear excepted), free and clear of any liens or encumbrances. failing which you may be charged for any loss or damage.
    6. Damage or loss of Maxis Equipment and ancillary hardware is your responsibility. You will be billed for any loss of or damage to the Maxis Equipment due to your act, omission or negligence.
    7. You further agree to indemnify, defend, hold harmless Maxis and its respective officers, directors, employees, contractors and agents against and from any loss, theft, debt, liability, damage, obligation, claim, demand, or settlement including without limitation all reasonable costs and expenses arising out of, or resulting from any loss of Maxis Equipment.
    1. We will provide you the Software for the use of the Service(s). You agree to not copy, reproduce, make available, translate, adapt, or modify the Software in any way.
    2. We hereby grant you the non-exclusive, non-assignable, non-transferable, limited and personal right and revocable License to use the Service(s).
    3. The ownership of the License (including any proprietary interest thereof) does not at any time pass to you.
    1. You shall provide adequate power points and fuses (as approved by Tenaga Nasional Berhad) for the operation of Maxis Equipment.
    2. You shall not remove, relocate or cause the removal or relocation of Maxis Equipment (including any SIM Card) without Maxis’ prior written permission. In the event that Maxis Equipment (including any SIM Card) is lost, broken or removed or Maxis detects that the Maxis Equipment (including any SIM Card) is not being used at the Site(s), you will be charged accordingly for the replacement and delivery of Maxis Equipment as well as any additional usage charges, where applicable. The charges will appear in the monthly bill. If you fail to comply to the above and our Network is interrupted or disrupted, Maxis shall not be liable for any loss, damage, liability or expenses suffered by you.
    3. At Maxis’ request, you shall, at your own cost, disconnect any of Your Equipment connecting to Maxis Equipment, and provide all necessary assistance, to enable Maxis to perform necessary tests and/or maintenance work on the Service(s) at reasonable time.
    4. You shall, prior to reporting a Service(s) failure or problem, carry out all necessary steps to determine the cause of the Service(s) failure or problem.
    5. Maxis Equipment, if required, are provided to you on your undertaking that:
      1. you are not to make or cause to be made any alterations, amendment, modification, enhancement or addition to Maxis Equipment without Maxis’ prior written consent in writing and such alteration, amendment, modification, enhancement or addition of whatsoever kind shall belong to and become the property of and part of Maxis Equipment.
      2. you are not by any act or default to render Maxis Equipment liable to any distress execution or other legal process or 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.
      3. Maxis Equipment shall remain the property of Maxis notwithstanding that it may have become affixed or attached to any land or building and that you shall have no right or interest therein otherwise than as a Business Customer and shall at no time do or permit to be done any act or thing which might prejudice or jeopardise the right of Maxis in and to the Maxis Equipment.
    6. You assume and bear the entire risk of loss, theft, damage (including but not limited to damage due to pipe leakage, flood, air-conditioning malfunction or any other damage not specifically mentioned here), destruction or requisition of Maxis Equipment during the usage of the Service(s); the occurrence of any of the aforesaid events shall not relieve you from its obligation to pay the Recurring Charges and any other charges due and owing to Maxis or to perform any other obligations under this SSTC and the Agreement. You shall notify Maxis immediately in writing of the occurrence of any of the above events.
    7. In the event of loss or damage to all or any part of Maxis Equipment, you shall be obligated to bear the cost to replace the equipment, including and not limited to hardware, license, logistic, re-installation and any other cost incur to replace the equipment.
    8. You shall be responsible for any additional charges arising from: (a) installation of Maxis Equipment at the Site(s) that is not included in the standard installation charges, (b) space, roof top or cable rental at the Site(s) imposed by the building management of the Site(s), and (c) imposition of any fees by the local councils or the relevant authorities in relation to the Service(s).
    1.  The Minimum Period of Service for the Service(s) is the Contract Period as stated in the Registration Form, commencing from the Service Commencement Date unless otherwise agreed between you and Maxis. 
    2. Subject to Clause 9.3, this Agreement shall automatically be extended on month to month basis, after the expiry of the Minimum Period of Service,   at the same charges and rates during the Minimum Period of Service  
    3.  For Service(s) which involves License, you may extend the Service(s) by giving us a thirty (30) days’ advance written notice, prior to the expiry of the Minimum Period of Service, for successive period mutually agreed by you and Maxis (“Extended Minimum Period of Service”) at the prevailing charges and rates imposed by Maxis, by signing a new Registration Form or such other documents as prescribed by Maxis to record such extension, and on the terms and conditions contained herein (unless otherwise notified by Maxis) until terminated by you of this SSTC and/or the Service(s). If we do not receive any notice for extension, the provisioning of Services shall expire upon expiry of Minimum Period of Service and Maxis will not be responsible for any loss or damaged that you or any third parties might sustain as a result of the expiry of the Service(s).
    4.  Subject to Clause 9.5, you may terminate this Agreement and/or the Service(s) by giving us thirty (30) days advance written notice.
    5.  If you terminate the Service(s) during the Minimum Period of Service or Extended Minimum Period of Service (whichever applicable), you agree to pay Maxis the early termination charge which is the total Recurring Charges for the remaining Minimum Period of Service, Extended Minimum Period of Service or Agreed Extended Period, whichever applicable (“Early Termination Charge”).
    6. Maxis may terminate the Service(s) by giving you thirty (30) days advance written notice.
    7. If you relocate the Service(s) or upgrade the Service(s) during the Minimum Period of Service, Extended Minimum Period of Service or Agreed Extended Period (whichever applicable), you are not liable to pay for the Early Termination Charge, provided you enter into a new agreement with Maxis for the Service(s) at the new location or for the upgraded Service(s) at a similar or higher Recurring Charges. The new agreement between you and Maxis will be based on the prevailing Charges and further terms and conditions imposed by Maxis. 
    8. If you downgrade the Service(s) during the Minimum Period of Service, Extended Minimum Period of Service or Agreed Extended Period (whichever applicable), the Recurring Charges for the Service(s) prior to the downgrade remain unchanged and all terms and conditions of this SSTC will be applicable to you.
    9. If you relocate the Service(s) to a non-Service(s) coverage area, the Service(s) and the Agreement will be terminated and you are to pay Maxis the Early Termination Charge.
    1. You warrant that: (a) you have the power to enter into and observe your obligations under this SSTC and the Agreement, (b) you are the owner of specifications, designs and/or the materials supplied to Maxis to enable Maxis to provide the Service(s) and (c) you have not relied on any representations made by Maxis or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity materials supplied by Maxis.