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Terms & Conditions

Service Specific Terms & Conditions – Gateway SIM

Version [June 2023]

Service Specific Terms & Conditions – Gateway SIM

    1. The Service(s): Gateway SIM is a mobile voice line service which is to be used with Maxis' SIM gateway equipment.
    2. You: Business Customer signing up for the Service(s).
    3. The use of the Service(s) is subject to the General Terms & Conditions ("GTC"), Service Specific Terms & Conditions ("SSTC"), Summary Terms & Conditions ("STC"), Maxis Fair Usage Policy, 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) in general, you may be subject to various risks which Maxis shall not be liable, including amongst others:
      • 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. 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).
      • "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).
      • "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 SIM gateway equipment, 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).
      • "SIM gateway equipment"means the equipment from Maxis where SIM cards are installed. Should you require a Maxis managed services or professional services for the SIM gateway equipment, you may subscribe to the services by completing the Registration Form for Maxis Converged UC & Voice Solutions Registration Form.
      • "Managed Services" means the maintenance support service provided by Maxis to you for the Service(s) that you have subscribed from Maxis.
      • "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.
      • "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. 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 public telephone network.
    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). Only Maxis authorised personnel is permitted to configure, monitor and manage the Maxis SIM gateway 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 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), you must ensure that SIM gateway equipment subscription with Maxis 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 must be subscribed to Maxis' SIM gateway equipment that is managed by Maxis to access the Service(s) provided by Maxis.
    1. The Maxis SIM gateway equipment will utilise the corresponding Maxis mobile numbers from the Service(s). You are not allowed to use SIM cards from other service provider.
    2. The Maxis SIM gateway equipment will require Service(s) connected to it to remain active and not suspended or terminated throughout the entire term of the Service(s) in order to enable inbound and outbound calls to and from the public telephone network to be established. Subscribing to the Service(s) will have the corresponding Maxis mobile numbers assigned to it, and these mobile numbers cannot be ported to other service providers because it must be used together with Maxis SIM gateway equipment.
    1. 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 Service(s), 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. 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. 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:
      1. Where Hardware is leased to Customer,
        • 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.
        • Risk of loss or damage to the Leased Hardware shall pass to Customer upon delivering the same to Customer or its designee.
        • 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.
        • 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.
        • Customer shall immediately inform Maxis if any Leased Hardware is lost, destroyed, damaged or stolen.
    9. Where software is included with or built into the Hardware, the third party's software licence terms will govern your use.
    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:
      • improper use, misapplications, failure to comply with site preparation or site conditions as may be recommended by Maxis and/or Hardware manufacturers;
      • modifications or improper system maintenance, repair, enhancements or calibration not performed or authorized by Maxis;
      • malware, viruses or other harmful codes not introduced by Maxis;
      • 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;
      • use of Hardware in combination with other products not supplied by Maxis;
      • defects or problems caused by or resulting from events beyond the reasonable control of the manufacturer of the Hardware; and/or
      • 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. 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 subject to the Managed Services is your responsibility. The provision of any Maxis' services for relocation of such Hardware 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.
    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. 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:
      • Maxis will notify you when the Service is ready for acceptance testing.
      • 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).
      • 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).
      • 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 is 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. 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. 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. Maxis will allocate Maxis mobile line number to the Service(s) only to be used with Maxis SIM gateway equipment.
    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.
    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. 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 14.5 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:
      • 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;
      • The monthly service rental or charge per line for the whole month preceding the termination will continue until return of Our Equipment or Our Equipment is collected by Maxis (as the case may be);
      • 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
      • 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.
    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. 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. You shall not tamper or alter the Software or Hardware without Maxis' or Licensor's prior written permission.
    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 mobile 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:
      • access to enabling the Service(s) you subscribe to make and receive calls through Maxis mobile telephone number and public telephone network.
      • 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. 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:-
      • adhere to the terms and conditions herein; and the Licensor's terms and conditions (where applicable); and 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);
      • always use caution when giving out any personally identifiable information about yourself or your personnel via Service(s) and/or the Service(s);
      • 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;
      • 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;
      • 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;
      • be responsible to ensure connectivity service from other non-Maxis operators that you may be using is functioning properly.
      • not suspend Service(s) at any time. Service(s) shall continue even if you suspend the Maxis connectivity service;
      • 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;
      • use the Service(s) at your own risk, including information and data you upload, input or provide when using the Service(s);
      • 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;
      • 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;
      • 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;
      • 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;
      • be adequately insured with a reputable insurer against all risks which a prudent person carrying on its business would insure against;
      • 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
      • 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 grant 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. 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.