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Terms & Conditions

Service Specific Terms & Conditions – VSAT Service

Version [24 February 2023]

Service Specific Terms & Conditions – VSAT Service

    1. In this Agreement, unless the context otherwise requires, capitalised terms shall have the following meanings:-
      1. Addendum” means any addendum(s) or supplemental(s) executed and/or deemed accepted by the parties.
      2. Agreement” means the General Terms & Conditions of Service (s) – Maxis Business (“GTC”), the Summary Terms & Conditions (“STC”), this Service Specific Terms & Conditions – VSAT Service (“SSTC”), Maxis Fair Usage Policy, the Registration Form, policies and procedures applicable to the Gyro VSAT Service, any Addendum and all other documents either expressly referred to in any of the documents stated above or as may be entered between the parties. The GTC, STC, this SSTC, Maxis Fair Usage Policy are all available at www.maxis.com.my/tnc/business.
      3. Contract Period” means the contractual term or period of this Agreement commencing from the Service Commencement Date for the VSAT Service committed by the Customer and as stated in section E of the Registration Form.
      4. Customer” means a sole proprietorship, partnership, company or entity specified in Section B of the Registration Form whose application for the VSAT Service has been accepted by Maxis.
      5. Customer Premise Equipment” means the terminating equipment procured, installed, licensed or owned and maintained by the Customer to facilitate access to the VSAT Service.
      6. Equipment” means the equipment, cables, wires and other ancillary equipment including any replacement items to enable provisioning of the VSAT Service.
      7. Maxis” means Maxis Broadband Sdn Bhd (Registration No.: 199201002549 (234053-D)) which expression shall include its successors and permitted assigns.
      8. Maxis Network” means equipment, software and facilities operated by Maxis to enable the provision of the VSAT Service to Customer.
      9. Site(s)” means the sites and such other geographical locations or buildings and supporting facilities within Malaysia at which Maxis agrees to supply and install the VSAT System for the provisioning of the VSAT Service. The address and location of each Site shall be stated in the Registration Form and/or in the Addendum.
      10. VSAT Service” means the satellite communication services utilising either C-band, Ku band or Ka band frequency to provide internet access on a “best effort” basis and/or MPN by using the VSAT System.
      11. MPN” means a managed private VSAT network which provides for satellite bandwidth for a group of sites on a “dedicated bandwidth” basis.
      12. VSAT” stands for a very small aperture terminal.
      13. Service Fee(s)” means the fees payable by the Customer for the VSAT Service and includes fee or charges for any other services subscribed or payments described payable by the Customer in this Agreement.
      14. Service Commencement Date” means the date the VSAT Service is made available to the Customer as notified by Maxis to Customer.
      15. Registration Form” means Customer’s duly completed application for registration to subscribe to the VSAT Service which has been accepted by Maxis, the forms and content of which is as set out overleaf.
      16. VSAT System” means collectively all Equipment and services necessary for the due operation of a system for the VSAT Service and all associated peripherals and equipment.
    2. In this Agreement, unless the context otherwise requires, references to “day(s)” shall mean a twenty-four (24) hour period as in a calendar day. References to Clauses and Schedules shall, unless otherwise specified, mean the clauses of, and the schedules to this Agreement. Any word denoting the singular number only shall include the plural number also and vice versa and any word denoting a person shall also denote a corporation, company, association or partnership.
    3. Clause headings are inserted for convenience of reference only and shall not be deemed to be part of the Agreement or in any way affect the interpretation or construction of the Agreement.
    4. Any conflict or inconsistency between these terms and conditions, the GTC and the STC, shall be construed in the following order of precedence (in descending order): (a) this SSTC; (b) GTC; and (c) STC. For the avoidance of doubt, any conflict and/or inconsistency between any Addendum or other additional document(s) shall be construed in accordance with the order of precedence stated in the Addendum or the additional document(s).
    1. Maxis will supply, install and commission the VSAT System to the Site. All requests made by the Customer to Maxis for the VSAT Service it desires to acquire from Maxis will be by way of Registration Form issued by the Customer and subject to acceptance by Maxis. Each Registration Form issued will be governed by the terms and conditions of this Agreement.
    2. Maxis agrees for each Registration Form accepted by Maxis to provide the Service and deliver and complete the installation of the Equipment for the delivery of the VSAT Service at the Site. Any delivery dates for the provision of the VSAT Service are estimates only and Maxis has no liability for any failure to meet those dates, unless otherwise stated in the Agreement.
    3. Unless otherwise indicated in this Agreement, the VSAT Service shall not include the provision or maintenance of any Customer Premise Equipment required by Customer to connect to the Maxis Network. Customer agrees that customer shall be solely responsible for procuring and maintaining the Customer Premise Equipment.
    4. Customer agrees that the VSAT Services are susceptible to prevailing climatic conditions. Maxis does not undertake that the VSAT Service will be fault-free or uninterrupted. Maxis reserves the right to suspend or interrupt the VSAT Service or any party thereof at any time for operational or technical reasons or in an emergency with or without notice to Customer.
    5. Occasionally Maxis may:
      1. for operational reasons, change the technical specification of the VSAT Service, provided that any change to the technical specification does not materially cause an adverse effect on the performance of the VSAT Service; or
      2. suspend the VSAT Service for operational reasons such as planned maintenance which shall be undertaken during non-working hours of the Customer or because of an emergency situation due to unforeseeable circumstances, where there is insufficient time to follow regular procedures; or
      3. give the Customer instructions which it believes are necessary for reasons of health, safety or the quality of any VSAT Service delivered to the Customer or any other customer of Maxis.
    6. Before taking any of the foregoing actions in Clause 2.5 above, Maxis will give the Customer as much notice as possible, except in the case of an emergency, and whenever practicable will agree with the Customer when the VSAT Service will be suspended.
    7. Customer acknowledges and agrees that:
      1. the VSAT Service provided by Maxis under this Agreement is dependent on the availability of services provided to Maxis by Maxis’ third-party satellite service provider (“Third-Party Provider”);
      2. any service level agreed to by Maxis under this Agreement in connection with the VSAT Service (including uptime and/or mean time to restore) or any other expected level of service whether expressly or impliedly under this Agreement, is to be fulfilled by Maxis on a reasonable endeavour basis; and
      3. if the cause of any outage, interruption or unavailability of the VSAT Service, regardless of severity and extent, is caused by or attributed to Maxis’ Third-Party Provider, then Customer’s sole and exclusive remedy arising from or in connection with the outage, interruption or unavailability shall be a reduction in the Service Fees payable by Customer to Maxis, which shall be proportionate to the duration of the outage, interruption or unavailability.
    8. the VSAT Service provided by Maxis under this Agreement is dependent on the availability of services provided to Maxis by Maxis’ third-party satellite service provider (“Third-Party Provider”);
    9. any service level agreed to by Maxis under this Agreement in connection with the VSAT Service (including uptime and/or mean time to restore) or any other expected level of service whether expressly or impliedly under this Agreement, is to be fulfilled by Maxis on a reasonable endeavour basis; and
    10. if the cause of any outage, interruption or unavailability of the VSAT Service, regardless of severity and extent, is caused by or attributed to Maxis’ Third-Party Provider, then Customer’s sole and exclusive remedy arising from or in connection with the outage, interruption or unavailability shall be a reduction in the Service Fees payable by Customer to Maxis, which shall be proportionate to the duration of the outage, interruption or unavailability.
    1. This Agreement shall be in force for the duration of the Contract Period unless the Agreement is terminated by the Customer. If the Customer terminates the Agreement before the expiry of the Contract Period, the Customer shall pay Maxis the monthly charge for remainder of the unexpired Contract Period in accordance with Clause 9.4. This Agreement will be extended automatically on a month on month basis on the expiry of the Contract Period unless (i) the Customer gives thirty (30) days advance written notice prior to the expiry of the Contract Period to terminate this Agreement; or (ii) the parties agree to extend the Agreement for a further period (“Extended Contract Period”); or (iii) the Customer terminates this Agreement in accordance with this Agreement. The Customer may terminate this Agreement at any time after the expiry of the Contract Period by giving Maxis thirty (30) days advance written notice of termination.
    2. Maxis shall have no liability to the Customer for discontinuance of the VSAT Service or any part thereof or termination of the Agreement pursuant to this clause except, subject to the payment of the charges as stated in Clause 9.4 by the Customer, to refund to the Customer within sixty (60) days from the effective date of discontinuance or termination (as the case may be) any advance Service Fee paid by Customer to Maxis for such part of the VSAT Service discontinued or the period after the effective date of discontinuance or termination (as the case may be).
    1. The Customer agrees to pay the Service Fees in respect of the provision of the VSAT Service in accordance with the charges specified in the Registration Form or as may be notified by Maxis to the Customer from time to time.
    2. The Service Fee shall be payable by the Customer each month/quarter (depending on the payment option subscribed to) in advance commencing from the Service Commencement Date. The Customer shall be billed the installation charges for the Sites in the first month’s invoice.
    3. Customer shall pay within thirty (30) days of invoice all applicable charges in connection with the VSAT Service. If any fees, charges or Service Fee shall remain unpaid by the due date, Maxis may without prejudice to its rights in Clause 9:-
      1. charge interest at the rate of 1.5% per month on such overdue amounts and the Customer will continue to be liable to pay such amounts, including any accrued interest thereon; and
      2. suspend the VSAT Service after fourteen (14) days’ written notice to the Customer of such late payment and the Customer having failed to pay within such period. The Customer will continue to be liable for the charges during such period of suspension.
    4. Where, at the request of the Customer, any work to provide the VSAT Service is conducted outside Maxis’ normal working hours, Maxis reserves the right to charge the Customer for such work, calculated at Maxis’ applicable hourly rates.
    5. If the Customer notifies Maxis of a dispute relating to an invoice, and such dispute is not resolved by the due date for payment, the Customer will be obliged to pay the undisputed portion of the invoice on the due date. Any billing enquiries or disputes must be lodged with Maxis in writing within thirty (30) days of the receipt of Maxis’ invoice.
    6. Any value added, addition or supplement Site(s) or services requested by the Customer and agreed to be provided by Maxis shall be separately charged by Maxis to the Customer.
    7. Maxis may in its absolute discretion and at any time, set-off, consolidate or combine accounts or transfer any monies outstanding to the credit of the Customer’s account with Maxis or any of its Related Corporations (as defined in the Companies Act 2016) of whatever description towards the reduction or discharge of any sum due to Maxis by the Customer under this Agreement.
    1. The Customer shall procure the necessary permission or licenses for Maxis or its authorised agent, at all reasonable times to enter upon the Site(s) through or over which any part of the Equipment passes or is fixed to carry out such works as are necessary to install, test, inspect, maintain, repair and/or to disconnect the Equipment. If Maxis is delayed or prevented from delivering or installing the Equipment due to any delay or default of the Customer or due to the lack of free access to carry out the necessary works, Maxis may charge the Customer the actual costs and expenses incurred for such delays or additional work performed by Maxis.
    2. The Customer shall prepare the Site(s) and provide such facilities as required by Maxis so that the Sites have proper accommodation, foundations and environmental conditions for the VSAT System. In the event the Site(s) is not in accordance with the requirement of Maxis then Maxis shall not be liable for not providing the quality of VSAT Service specified or any delay in the installation of VSAT Service.
    1. The Customer shall at its own cost and expense obtain all necessary authorisations and consents from the relevant parties or authorities for the installation and use of the Equipment, including authorisations and consents for any necessary alterations to buildings.
    2. The Equipment and all property belonging to Maxis used in the provision of the VSAT Service shall not form or become annexed as part of the fixtures and fittings of the Site(s) and shall remain the property of Maxis at all times.
    3. The Customer is responsible for the Equipment and must not add to, modify, remove, relocate or in any way interfere with the Equipment, not allow anyone else (other than someone authorised by Maxis) to do so. The Customer will be liable to Maxis for any loss of or damage to the Equipment, except where such loss or damage is due to fair wear and tear or is caused by Maxis, or anyone acting on Maxis’ behalf.
    4. Any Customer Premise Equipment connected to or used with the VSAT Service:-
      1. must be connected and used in accordance with any instructions, safety or security procedures applicable to the use of that Customer Premise Equipment; and
      2. must be technically compatible with the VSAT Service and approved for that purpose under any relevant legislation or by any relevant authorities.
    5. The Customer shall ensure that the Customer Premise Equipment does not function in a manner which causes disturbance, interference or disruption to or adversely affects the VSAT Service or other services provided by Maxis.
    6. The Customer shall be responsible for the proper use of the Equipment at the Site(s). The Customer shall be liable to pay Maxis for the replacement and/or repair of any part of the Equipment which is lost, destroyed or damaged, save where the same is due to fair wear and tear or where such loss, destruction or damage is due to any inherent defect in the Equipment or the Equipment not having been properly installed by Maxis.
    7. The Customer shall provide adequate power points and fuses (as approved by Tenaga Nasional Berhad / equivalent) for the operation of the Equipment.
    1. The Customer shall use the VSAT Service in accordance with this Agreement and shall not use the VSAT Service:
      • in such a way as to cause excessive or disproportionate load on the VSAT Service or the Maxis Network (“Excessive Usage”). Maxis may notify the Customer when the Customer causes Excessive Usage and may provide the Customer suggestions on how to more effectively use the VSAT Service or to reverse the Customer’s usage trend. If the Customer does not reduce its usage accordingly within two weeks from Maxis’ notification, the Customer shall be deemed to be in default of its obligations under the Agreement and Maxis will be entitled to immediately terminate the VSAT Service pursuant to Clause 9 without further notice;
      • in such a way as to improperly restrict, inhibit or degrade any other customers; use of the VSAT Service through the use of “sniffing” or “scanning” software or otherwise;
      • restrict, inhibit, disrupt, degrade or impede Maxis’ liability (in the sole judgment of Maxis) to deliver the VSAT Service, backbone, network nodes and other network services and components (both software and hardware) of the Maxis Network;
      • to resell or otherwise distribute or share the VSAT Service (or any portion thereof) without any prior written consent of Maxis; and
      • that result in distribution of viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines.
    1. The Customer acknowledges that Maxis shall not be liable for the security of the Customer’s data on any of the Customer Premise Equipment or passing over the VSAT Service or the Maxis Network and that Maxis shall have no obligation to ensure and make no representations or warranties concerning the security of such data. The Customer shall be solely responsible for the data retrieved, stored or transmitted through the VSAT Service or the Maxis Network.
    1. The Services are provided on an “AS IS” basis and the Customer expressly acknowledges that the Services is suitable for its purpose. The Customer accordingly agrees and acknowledges that no condition, warranty or representation of any kind has been given or made by Maxis or the employees, officers, personnel, representatives, customers or agent (collectively “Personnel”) of Maxis with respect to or in respect of the Services and all other conditions, warranties, guarantees or representation, express or implied, statutory or otherwise, (i) as to the state, quality, description or otherwise of the Services; or (ii) as to its fitness for any purpose, merchantability, non-infringement; or (iii) which arises from a course of dealing, usage, law or trade practice; or (iv) as to performance of any equipment or materials supplied in connection with the provision of the Services; are hereby expressly excluded to the fullest extent permitted by law.
    2. The Customer further agrees and acknowledges that it has not relied on any representation made by Maxis, its Personnel or upon any descriptions or illustrations or specifications contained in any document including any catalogue or publicity material supplied by Maxis or its Personnel.
    3. The Customer shall defend, indemnify and hold harmless Maxis, from and against any and all loss, damage, liability, loss or expense arising from the provision of the VSAT Service which are brought or threatened against Maxis by a third party because the VSAT Service is used in breach of Clause 6.1.
    1. Maxis shall have no liability to the Customer for failure to supply the VSAT Service in the event of Maxis is being prevented by restrictions of a legal or regulatory nature from supplying the VSAT Service.
    1. In the event the Customer:
      1. fails to pay in full any sums of charges due and payable pursuant to the Agreement within thirty (30) days of the relevant due date for payment; or
      2. commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the breach within fourteen (14) days of receipt of written notice from Maxis requiring remedy of such default; or
      3. commits a material breach of this Agreement which cannot be remedied; or
      4. is repeatedly in breach of this Agreement; or
      5. is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors, or if it goes into either voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or manager is appointed over its assets or if the equivalent of any such events under the laws of any of the relevant jurisdictions occurs to the other Party; or
      6. if Maxis is required to do so by law, statute, enactment, code or by any relevant authorities; and
      7. if in Maxis’ opinion that the Services or the Maxis network is or may be used fraudulently, illegally or for unlawful purposes then Maxis shall be entitled by written notice to Customer to treat such failure, breach or default as repudiation of the Agreement and to immediately terminate the Agreement and the VSAT Service.
    2. Without prejudice to Maxis’ rights under Clause 9.1, Maxis may at its sole discretion elect to suspend the VSAT Service or any part thereof, with or without notice to the Customer, if it considers that Customer has breached any of its obligations under the Agreement. Any such suspension shall not be breach by Maxis of the Agreement and Maxis reserves the right to charge the Customer a fee for the re-commencement of the VSAT Service. All Charges shall remain due and payable during such period of suspension by Maxis of the VSAT Service.
    3. Notwithstanding Clauses 9.1 and 9.2, Maxis may at its sole discretion terminate this Agreement and the VSAT Service for whatsoever reasons by giving the Customer a written termination notice six (6) months in advance. In this event, the Customer shall pay to Maxis the charges for the VSAT Service up till the date of termination.
    4. The Customer shall pay Maxis a sum equal to the total monthly charge that would have been payable for the unexpired portion of the Contract Period in the event:
      1. Maxis terminates this Agreement or VSAT Service due to any of the reasons set out in Clause 9.1; or
      2. the Customer terminates this Agreement or the VSAT Service during the Contract Period, and the Customer shall settle all other outstanding amounts owing to Maxis by the Customer. If however the Agreement is terminated by the Customer because of an event specified in Clause 9.1 which is attributed to Maxis, the Customer shall pay to Maxis the charges for the VSAT Service up till the date of termination.
    5. Upon the termination of or expiry of this Agreement or the Order or the VSAT Service:-
      1. the rights of the Parties accrued up to the date of such expiry or termination will remain unaffected;
      2. the Customer will co-operate fully with Maxis to recover any Equipment; and
      3. all monies owing by either party to the other will become immediately due and payable and shall be paid on demand being made to settle all such amounts within the time period stipulated by such demand.