WEBSITE, SERVICES AND THE MAXIS ONLINE STORE TERMS OF USE
PART A.
AGREEMENT TO ACCESS ..................................................................................................................................................... 2
1.
DEFINITIONS & INTERPRETATIONS ........................................................................................................................................ 2
2.
MODIFICATIONS OF TERMS AND CONDITIONS ..................................................................................................................... 3
3.
LINKS ...................................................................................................................................................................................... 3
4.
DISCLAIMER ........................................................................................................................................................................... 3
5.
UNLAWFUL OR RESTRICTED USE ........................................................................................................................................... 4
6.
LICENSE AND WEBSITE ACCESS .............................................................................................................................................. 4
7.
ACCESS AND USE OF THIS WEBSITE, SERVICES AND USE OF INFORMATION ........................................................................ 5
8.
SYSTEM INTEGRITY ................................................................................................................................................................ 5
9.
RULES OF ACCEPTABLE USE ................................................................................................................................................... 5
10. LIABILITY................................................................................................................................................................................. 6
11. LIMITATION OF LIABILITY ....................................................................................................................................................... 6
12. COLLECTION AND USE OF PERSONAL INFORMATION ........................................................................................................... 7
13. PASSWORD CONFIDENTIALITY ............................................................................................................................................... 7
14. TERMINATION AND SUSPENSION .......................................................................................................................................... 8
15. INDEMNITY ............................................................................................................................................................................ 8
16. SEVERABILITY ......................................................................................................................................................................... 9
17. GOVERNING LAW ................................................................................................................................................................... 9
18. CONTENT AND USER CONDUCT ............................................................................................................................................. 9
19. POSTED CONTENT TO MMSSB, MBSB AND/OR ITS RELATED CORPORATIONS ................................................................... 10
20. THIRD PARTY POSTINGS AND HYPERLINKS .......................................................................................................................... 10
21. AVAILABILITY ........................................................................................................................................................................ 10
22. INTELLECTUAL PROPERTY RIGHTS ....................................................................................................................................... 11
23. TRADEMARKS ....................................................................................................................................................................... 11
24. MISCELLANEOUS .................................................................................................................................................................. 12
PART B.
ORDERING FROM MAXIS ONLINE STORE .......................................................................................................................... 13
1.
CANCELLATION .................................................................................................................................................................... 13
2.
DELIVERY .............................................................................................................................................................................. 13
3.
TERMS & CONDITIONS APPLICABLE TO THIRD PARTY PRODUCTS & SERVICES ................................................................... 16
PART C.
MAXIS GROUP PRIVACY STATEMENT – IMPORTANT NOTICE ........................................................................................... 17
PART D.
POSTPAID SERVICES .......................................................................................................................................................... 22
PART E.
WIRELESS BROADBAND SERVICES AND HOME WIRELESS INTERNET SERVICES ............................................................... 51
PART F.
MAXIS FAIR USAGE POLICY ............................................................................................................................................... 55
PART G.
MAXIS BROADBAND TERMS AND CONDITIONS ................................................................................................................ 58
PART H.
MAXIS HOME SERVICES (NOT APPLICABLE FOR WIRELESS BROADBAND SERVICES) ........................................................ 68
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PART A.
AGREEMENT TO ACCESS
The Maxis Online Store is available to me subject to MMSSB’s, MBSB’s and/or its Related Corporations’ conditions, limits and
procedures whether contained in these terms and conditions or as prescribed by MMSSB, MBSB and/or its Related Corporations
from time to time at its discretion.
These terms and conditions (“Terms and Conditions”) govern my rights and obligations, as the Customer, and yourselves,
MMSSB, MBSB and/or its Related Corporations in connection with the access and use of the Maxis Online Store, Website and/or
Services. By accessing this Website and/or using the Services and the Maxis Online Store, I HEREBY ACKNOWLEDGE AND ACCEPT
that my access and use of Website, Services and the Maxis Online Store will be governed by these Terms and Conditions. In
addition, my access and use of the Maxis Online Store, Website and/or Services will also be governed by any other specific rules,
procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by you at
your discretion ("applicable additional terms and conditions").
I FURTHER ACKNOWLEDGE AND AGREE that the applicable additional terms and conditions (including without limitation, those
provisions on liability, disclaimer, indemnity, severability, force majeure, etc.) and such other specific rules, procedures, terms
and conditions as set out in the preceding sentence shall apply, mutatis mutandis, to these Terms and Conditions. In the event
of any inconsistency or conflict between the applicable additional terms and conditions, MMSSB’s, MBSB and/or the Related
Corporations’ rules, procedures, terms and conditions as determined from time to time AND these Terms and Conditions, the
applicable additional terms and conditions will prevail (unless specifically provided otherwise).
By accessing and using the Maxis Online Store, the Website and/or Services the Customer hereby accepts without limitation or
qualification, all of these Terms and Conditions which take effect on the date which the Customer first accesses and uses the
Website. If these Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.
1.
DEFINITIONS & INTERPRETATIONS
"Customer" or “you” means the party who has agreed to subscribe for MMSSB’s, MBSB and/or the Related Corporations’ and/or
its Related Corporation’s products and/or services and who access and utilise the Maxis Online Store, Website and/or Services
stated herein and/or any person or individual accessing or utilizing this Maxis Online Store, Website and/or Services.
"Law" means and includes the Communications and Multimedia Act, 1998, its regulations and any other relevant laws,
regulations, statutes, acts or by-laws currently in force in Malaysia which is subject to change from time to time.
"Related Corporations" means the related corporations as defined under the Companies Act, 1965 and includes their respective
employees and directors.
"Services" means any functions, features, access to and use of the internet, internet information and/or other services, various
service and communication channels and facilities through the internet, or communication facilities or services made available
by MMSSB, MBSB and/or its Related Corporation from time to time subscribed or to be subscribed by the Customer in
connection with the Services, through this Website, which includes but is not limited to, online transactions, messaging services,
single sign on, online transactions, search engines, automated services, e-commerce facilitators, chat, discussion groups and/or
e-mails; and any products and/or services offered by MMSSB, MBSB and/or its Related Corporation. The list of Services may be
updated and amended by MMSSB from time to time, in respect of which the Customer shall be bound to these Terms and
Conditions in respect of the new Services in respect of usage of this Website and/or Services.
“Maxis” or “us” or “our” means MMSSB and MBSB, wholly-owned subsidiaries of Maxis Berhad (867575-A), and companies
incorporated in Malaysia under the Companies Act, 1965 and/or its subsidiaries licensed to provide the Services.
"MMSSB" means Maxis Mobile Services Sdn Bhd (73315-V) and “MBSB” means Maxis Broadband Sdn Bhd (234035-D), whollyowned subsidiaries of Maxis Berhad (867575-A), and companies incorporated in Malaysia under the Companies Act, 1965 having
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its registered address at Level 18, Menara Maxis, Kuala Lumpur City Centre, Off Jalan Ampang, 50088 Kuala Lumpur and/or its
subsidiaries licensed to provide the Services.
"Website" means the Maxis Online Store website, Maxis and Hotlink websites and such other MMSSB, MBSB and/or its Related
Corporations’ website, including all the information and Services made available thereunder by MMSSB, MBSB and/or its
Related Corporation which is subject to change from time to time.
Unless the context otherwise requires, words denoting the singular number shall include the plural and vice versa and words
denoting natural person shall include corporations and partnerships.
Words denoting the masculine gender shall include the feminine and neuter genders and vice versa.
2.
MODIFICATIONS OF TERMS AND CONDITIONS
MMSSB, MBSB and/or the Related Corporations reserves the right to amend, modify or vary at any time without any prior notice
to the Customer, the Terms and Conditions herein contained and the Customer shall be bound to observe and comply with any
such variation, addition or amendment. Notice of such changes may be given to the Customer and/or up-dated in this Website
but the changes shall take effect from the date the changes were made. The Customer is responsible for reviewing regularly
information posted online to obtain timely notice of such changes. The Customer shall be deemed to be apprised of and be
bound by any modification by MMSSB, MBSB and/or the Related Corporations to these Terms and Conditions. The Customer's
continued use of the Website and/or Services following the postings of any amendments, modifications or verifications to these
Terms and Conditions constitutes acceptance of those changes.
The usage of products and/or services offered on the Maxis Online Store shall be governed by the terms and conditions of such
products and services.
3.
LINKS
This Website and/or Services may contain links to other websites including third party websites. The Customer acknowledges
and agrees that each of those websites are governed by their respective terms and conditions which the Customer agrees to
abide by when using or accessing those websites. The terms and conditions therein contained are enforceable directly against
you on its own behalf by the respective owners of those websites. MMSSB, MBSB and/or its Related Corporations are not
responsible for the condition, content and/or information of and contained in those websites as they are not under the control
of MMSSB, MBSB and/or its Related Corporations. The link(s) from or to websites outside this Website and/or Services are
meant solely for the Customer's convenience only and shall not be construed, expressly or impliedly, as authorisation,
endorsement, sponsorship nor any partnership by MMSSB, MBSB and/or its Related Corporations for those websites, the
products or services and/or information provided or contained therein. The Customer shall bear all risks in accessing these
websites and in the using of the products and services contained therein. MMSSB, MBSB and/or its Related Corporations are not
responsible for any transactions the Customer may perform on those websites.
4.
DISCLAIMER
THIS WEBSITE AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, AND THE INFORMATION, NAMES, IMAGES, PICTURES,
LOGOS AND ICONS REGARDING OR RELATING TO MMSSB, MBSB AND/OR ITS RELATED CORPORATIONS, ITS PRODUCTS AND
SERVICES OR TO THIRD PARTY'S PRODUCTS AND SERVICES, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE" BASIS WITHOUT
ANY REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY
LAW.
MMSSB, MBSB AND/OR ITS RELATED CORPORATIONS DISCLAIM ALL WARRANTIES RELATING TO THE CONTENT, INFORMATION,
SERVICES, PRODUCTS OR MATERIALS INCLUDED ON THIS WEBSITE OR LINKS TO OTHER WEBSITES OR SERVICES, INCLUDING BUT
NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE, NON-INFRINGEMENT,
COMPATIBILITY, SECURITY AND/OR ACCURACY. IN NO EVENT SHALL MMSSB, MBSB AND/OR ITS RELATED CORPORATIONS,
THEIR RESPECTIVE AGENTS AND REPRESENTATIVES; SUPPLIERS, VENDORS OR MERCHANTS WHO HAVE A PRESENCE ON THIS
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WEBSITE BE LIABLE TO THE CUSTOMER OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL,
EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF USE,
DATA, REVENUE OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH YOUR ACCESS, USE OF OR YOUR INABILITY TO ACCESS OR USE OF THE WEBSITE AND/OR SERVICES.
MMSSB, MBSB AND/OR ITS RELATED CORPORATIONS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL
CONTAINED IN THIS WEBSITE OR ANY OTHER THIRD PARTY WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS.
ACCESS TO THIS WEBSITE AND/OR SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MMSSB, MBSB AND/OR ITS
RELATED CORPORATIONS SHALL NOT BE LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES
OF ANY KIND IN RELATION TO THE WEBSITE, SERVICES, PRODUCTS AND/OR SERVICES INCLUDING BUT NOT LIMITED TO:
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ALL WARRANTIES OF SAFETY, LEGALITY, MERCHANTABILITY, SATISFACTORY, FITNESS FOR PURPOSE, TITLE, NONINFRINGEMENT AND COMPATIBILITY OF THE WEBSITE, PRODUCTS AND/OR SERVICES;
THE SECURITY, AVAILABILITY, ACCESSIBILITY, TIMELINESS, ERROR-FREE AND UNINTERRUPTED USE OF THE WEBSITE
AND/OR SERVICES;
THE SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION
TRANSMITTED USING THE WEBSITE AND/OR SERVICES;
THE SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION
PROVIDED TO YOU.
THE ACTIONS AND OMISSIONS OF USERS WHETHER ON THIS WEBSITE AND/OR SERVICE OR OUTSIDE THIS WEBSITE
AND/OR SERVICE;
ANY DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALISED SETTINGS;
THE INABILITY TO USE THIS WEBSITE AND/OR SERVICE OR ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED
THROUGH THIS WEBSITE AND/OR SERVICE;
THE ACCURACY AND RELIABILITY OF RESULTS OBTAINED FROM THE USE OF THIS WEBSITE AND/OR SERVICE AND THAT
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM IN TORT OR OTHERWISE.
TO THE FULL EXTENT PERMITTED BY LAW, MMSSB, MBSB AND/OR ITS RELATED COPRPORATION DISCLAIMS ANY AND ALL SUCH
WARRANTIES.
In compiling the information contained on and accessed through this Website and/or Services ("Information"), MMSSB, MBSB
and/or its Related Corporations have used its best endeavours to ensure that the Information is correct and at the time of
publication but takes no responsibility for any error, omission or defect therein. MMSSB, MBSB, its Related Corporations and its
employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or
damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission.
5.
UNLAWFUL OR RESTRICTED USE
In accessing or utilising this Website and/or Services, the Customer shall comply with and not contravene any applicable laws of
Malaysia relating to the Website and/or Services and not to infringe any intellectual property rights of this Website, any other
sites and/or the Services. The Customer shall not use this Website and/or Services for any purpose that is unlawful or prohibited
or in a manner which could damage, disable, overburden or impair this Website and/or Services or interfere with the enjoyment
or use by any other party of this Website and/or Services.
6.
LICENSE AND WEBSITE ACCESS
MMSSB, MBSB and/or its Related Corporation grants you a limited license to access and make personal use of this Website
and/or Services and not to download or modify it, or any portion of it, except with prior express written consent of MMSSB,
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MBSB and/or its Related Corporation. This license does not include any resale or commercial use of this Website and/or Services
or its contents. This license does not include any collection and use of any product listings, descriptions or prices, data mining,
robots or similar data gathering or extraction tools. This Website and/or Services or any portion of this Website and/or Services
including without limitation the materials used and displayed on this Website and/or Services may not be reproduced,
duplicated, copied, sold, resold, republished, downloaded, posted, distributed, disseminated, broadcasted, transmitted or
otherwise exploited for any commercial purpose except for your own reference. Any other use requires the prior written
permission of MMSSB, MBSB and/or its Related Corporations. The Customer agrees not to adapt, alter or create a derivative
work from this Website and/or Services or any portion of this Website and/or Services including without limitation the materials
used and displayed on this Website and/or Services or any portion of this Website and/or Services or use them for any other
purpose other than for the purpose stated in this paragraph.
The Customer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page, layout, or form) of MMSSB, MBSB and/or its Related Corporations without express consent. The
Customer may not use any meta tags or any other "hidden text" utilizing names, logos or trademarks belonging to MMSSB
and/or its Related Corporations without express consent of MMSSB, MBSB and/or its Related Corporations. Any unauthorized
use terminates the permission or license granted by MMSSB, MBSB and/or the Related Corporations herein.
Nothing contained in this Website and/or Services shall be construed as conferring by implication, or otherwise, any license or
right, to you or any other party, under any patent, trademark, copyright (except as expressly provided in the Terms and
Conditions) or any proprietary rights of MMSSB, MBSB, its Related Corporations or its licensors.
7.
ACCESS AND USE OF THIS WEBSITE, SERVICES AND USE OF INFORMATION
MMSSB, MBSB, its Related Corporations and their respective agents and representatives shall not be responsible for material
submitted to MMSSB, MBSB and/or its Related Corporation or other user created pages which allow you and other users to post
information, provide feedback about MMSSB, MBSB its Related Corporation, products and/or services and interact in real time.
Any information, suggestions, ideas, drawings, concepts, know-how or techniques provided by, or obtained from you or your
use of this Website and/or Services shall be deemed to be non-confidential and non-proprietary. By communicating or
transacting with MMSSB, MBSB and/or its Related Corporation, you grant MMSSB, MBSB and/or its Related Corporations
permission to use any information, suggestions, ideas, drawings, concepts, know-how or techniques communicated, for any
purpose MMSSB, MBSB and/or its Related Corporations chooses, commercial, public or otherwise without cost or compensation
whatsoever to you. You acknowledge that MMSSB, MBSB and/or its Related Corporations and their respective agents and
representatives do not control the information available on the user generated pages on this Website and/or Services and that
any opinion, advice, statements, services, offers or other information or content presented or disseminated from the user
generated pages and/or links from this Website and/or Services are those of their respective authors who are solely responsible
and liable for their content.
8.
SYSTEM INTEGRITY
The Customer shall not use any mechanism, device, software or routine to interfere or attempt to interfere with the proper
working of this Website and/or Services. The Customer shall not take action that places an unreasonable burden or excessive
load on MMSSB's, MBSB’s and/or its Related Corporation’s system(s). The Customer agrees not to infect this Website and/or
Services with any computer programming routine that may damage, interfere with, delay intercept or expropriate any system,
data or personal information. The Customer may not disclose to any third party or share his/her password, if any, or use his/her
login credentials and password for any unauthorized purpose. MMSSB, MBSB and/or its Related Corporations shall not be liable
and/or responsible to you and/or any party for any charges incurred as a result of the usage of the Website and/or Service
through your MSISDN number, e-mail address, username and password or relevant other channels.
9.
RULES OF ACCEPTABLE USE
The Customer further undertakes NOT to use the Website and/or Services in a manner that may infringe the rights or restrict the
use and enjoyment of this Website and/or Services by any third party, and this includes:
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conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false,
racial or which may harass, distress or cause inconvenience to any person or invade another's privacy, constitutes an
illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any local, state, national or international law or regulation;
use of material in a manner which infringes any copyright, trademark or any intellectual property right;
use of material protected by trade secret without due authorization;
impersonating any person or entity including but not limited to a MMSSB, MBSB or its Related Corporation’s official or
host or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
unauthorized access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability
of a system or network;
monitoring without authority data or traffic on any network or system;
using or attaching any viruses, Trojan horses, time bombs, worms, cancelbots or like devices which could damage,
interfere, intercept or expropriate any system; or interfering with the service of any User, host or network including but
not limited to mailbombing, flooding, broadcast attacks database or placing unreasonable burden on MMSSB's, MBSB
and/or its Related Corporations’ system(s);
circumventing any user authentication or security of any host, network or account (cracking or hacking).
MMSSB, MBSB and/or its Related Corporation reserves the right to investigate potential abuses of the Rules of Acceptable Use
and MMSSB, MBSB and/or its Related Corporation will fully co-operate with investigations of suspected criminal violations,
violations of system or network under the leadership of law enforcement or relevant authorities. MMSSB, MBSB and/or its
Related Corporation further reserves the right to suspend or terminate the Customer's right to access this Website and/or
Services if it is discovered that the Customer has provided MMSSB, MBSB and/or its Related Corporation with false or misleading
registration or other information or violated or attempted to violate any term of the Rules of Acceptable Use.
MMSSB, MBSB and/or its Related Corporation reserves the rights to make modifications to the Rules of Acceptable Use at any
time by posting changes online without prior notice. Please check these Maxis Rules of Acceptable Use periodically for changes.
The Customer's continued use of this Website and/or Services following the posting of any changes to the Rules of Acceptable
Use constitutes acceptance of those changes.
10.
LIABILITY
MMSSB, MBSB and/or its Related Corporation, its agents and representatives and its suppliers (including but not limited to
software or content suppliers or logistics partners) (hereinafter collectively referred to as "Suppliers") shall not be liable to you
or any other party for any loss, damage, expenses or liability (including consequential loss or damage), loss of business, revenue
or profits suffered or incurred by you or any other party which arise:a)
from circumstances beyond any of MMSSB’s, MBSB’s and/or its Related Corporation’s and/or the Suppliers' control or
from your acts, omission, default, negligence or fraud;
b) from our deletion or failure to store any messages or other communications maintained or transmitted through and/or
by the Website and/or Service;
c) directly or indirectly in respect of the Website and/or Service or any failure or omission by MMSSB, MBSB and/or its
Related Corporation to comply with any of these Terms and Conditions.
If any claim arising out of, or in connection with the relationship established by these Terms and Conditions result in any of
MMSSB, MBSB and/or its Related Corporation, its agents and representatives or the respective agents and representatives of
MMSSB, MBSB and/or its Related Corporation becoming liable for any loss or damage not capable of exclusion under these
Terms and Conditions, then MMSSB, MBSB and/or its Related Corporation, its agents and representatives and the respective
agents and representatives of MMSSB, MBSB and/or its Related Corporation’ total liability for such loss is limited to Ringgit
Malaysia One Hundred (RM100.00) only.
11.
LIMITATION OF LIABILITY
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MMSSB, MBSB its Related Corporations and/or its agents and representatives takes no responsibility for the accuracy or validity
of any claims, or statements contained in the information, documents and related graphics on this Website, and/or in respect of
the Services, products and services. Further MMSSB, MBSB, its Related Corporations and/or its agents and representatives
makes no representations about the suitability of any of the Information and/or information contained in the document and
related graphics on this Website and/or in respect of the Services, services and products for any purpose. All such documents,
Information and/or information and related graphics are provided without warranty of any kind, either express or implied,
including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement,
security or accuracy.
MMSSB, MBSB, its Related Corporations and/or its agents and representatives shall not be liable for any loss or any damages
sustained or incurred by you and/or any other party due to any error, omission or inaccuracy with respect to any Information
and/or information provided or made available on this Website and/or with regard to the Service, the products and services.
You shall be solely responsible for ensuring that in using this Website and/or Services, all applicable laws, rules and regulations
for the use of any communications systems, service or equipment shall be at all times be complied with. MMSSB, MBSB, its
Related Corporations and/or its agents and representatives makes no representations about the suitability of any of the
Information and/or information contained on this Website, the Services, products and services and/or related links.
12.
COLLECTION AND USE OF PERSONAL INFORMATION
You acknowledge that MMSSB, MBSB and/or its Related Corporation will collect, use disclose and otherwise process personal
information about you in connection with your use of the Website and the Services as set out in the Maxis Privacy Statement.
The current version of the Maxis Privacy Statement is available at www.maxis.com.my.
MMSSB, MBSB and/or its Related Corporations may update the Maxis Privacy Statement from time to time. When it changes the
Maxis Privacy Statement in a material way, it will post notice of this at www.maxis.com.my and will also attempt to notify you
directly using either email, SMS or post.
You will be deemed to have consented to the use of your personal information in the manner set out in the Maxis Privacy
Statement by submitting your personal information and using the Website and/or Services.
13.
PASSWORD CONFIDENTIALITY
If you use this Website and/or Services, you will be required to enter your login ID (where applicable) and/or password every
time you access this Website and/or Services. You are responsible for maintaining the confidentiality of your login ID (where
applicable) and/or password and/or user authentication and for restricting access to your computer and/or devices, and you
agree to accept responsibility and liabilities for all activities that occur under your login ID (where applicable) and/or password
and/or user authentication. You may be required to register and provide personal details in order to access certain Services
and/or Website. In such circumstances, you may be required to enter your login ID (where applicable) and/or password every
time you access the Service and/or Website (as the case may be). You are responsible for maintaining the confidentiality of your
login ID (where applicable) and/or password, your user authentication and for restricting access to your computer and/or
device, and you agree to accept responsibility and liabilities for all activities that occur under your login ID (where applicable)
and/or password and/or user authentication. You undertake to observe all security measures prescribed by MMSSB, MBSB
and/or its Related Corporation concerning your login ID (where applicable) and/or password or generally in respect of the access
and use of the Website and/or Service. You undertake to observe all security measures prescribed by MMSSB, MBSB and/or its
Related Corporation concerning your password or generally in respect of the use of this Website and/or Services. Should you
have any reason to believe that your password has been misused and/or compromised whether by theft, fraud or otherwise,
you shall inform MMSSB, MBSB and/or its Related Corporation immediately after you become aware of the same.
MMSSB, MBSB and/or its Related Corporations shall not be liable for any loss or damage which you and/or any third party may
suffer and/or incur as a result of instructions or transactions transmitted via this Website and/or the Services after successful
usage of your login ID (where applicable) and/or password whether or not such usage was authorised by you.
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You shall keep MMSSB, MBSB and/or its Related Corporations fully indemnified against all loss or damage which MMSSB, MBSB
and/or its Related Corporations suffer(s), incur(s) or may suffer or incur(s) in connection thereof, whether directly or indirectly
due to usage of your login ID (where applicable) and/or password, whether by you or any third party, authorised or otherwise.
MMSSB, MBSB and/or its Related Corporations reserves the right to invalidate or suspend your login ID (where applicable)
and/or password at any time without being obliged to offer you any explanation or prior notice. MMSSB, MBSB and/or its
Related Corporations shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or
suspension.
MMSSB, MBSB and/or its Related Corporations reserves the right to discontinue the login ID (where applicable) and/or
password accessing system with respect to this Website and/or the Services at any time, without prior notice. MMSSB, MBSB
and/or its Related Corporations shall not be liable for any loss and/or damage which you may suffer or incur as a result of such
discontinuation.
14.
TERMINATION AND SUSPENSION
MMSSB, MBSB and/or its Related Corporations reserves the right to modify for legal, technical, regulatory and/or or for any
reason whatsoever or discontinue (temporarily or permanently) this Website and/or Services at any time and from time to time
with or without notice. Where reasonable and practical, advance notice would be given. You agree that MMSSB, MBSB and/or
its Related Corporations shall not be liable to you or to any other party for such modification, suspension or discontinuance of
this Website and/or the Services.
MMSSB, MBSB and/or its Related Corporations reserves the right with notice, to terminate your access to or use of this Website
and/or Services for any reason including but not limited to violation of any terms of these Terms and Conditions and/or lack of
use of this Website and/or Services. You agree that MMSSB, MBSB and/or its Related Corporations shall not be liable to you or
any other party for any termination of your access to or use of this Website and/or Services.
MMSSB, MBSB and/or its Related Corporations shall not be liable for any failure to perform its obligations herein cause by an act
of God, insurrection or civil disorder, military operations or terrorism, all emergencies, acts or omission of Government or any
competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for
whom MMSSB, MBSB and/or the Related Corporations have no control over or any cause outside MMSSB's, MBSB’s and/or its
Related Corporations' reasonable control.
You agree that MMSSB, MBSB and/or its Related Corporation has no responsibility or liability for the deletion or failure to store
any messages, pictures and/or other communication or other content maintained or transmitted. You acknowledge that
MMSSB, MBSB and/or its Related Corporations reserves the right to log off (i.e. suspend) accounts of non-MMSSB and/or its
Related Corporations’ customers that are inactive for a period exceeding 3 months. If you are a non-MMSSB, MBSB and/or its
Related Corporations’ customer, you will be required to re-activate the account for future use and/or access. Deletion of any
accounts will have to be initiated by you, be it if you are or are not a MMSSB, MBSB and/or its Related Corporations’ customer.
15.
INDEMNITY
By accessing and using this Website and/or Services, you undertake and agree to indemnify, save and hold harmless MMSSB,
MBSB and/or its Related Corporations at all times against all actions, claims, proceedings, costs, losses and damages whatsoever
and howsoever suffered and/or incurred including but not limited to libel, slander or infringement or copyright or other
intellectual property rights or death, bodily injury or property damage and howsoever arising which MMSSB, MBSB and/or its
Related Corporations may sustain, incur or pay or as the case may be, which may be brought or established against MMSSB,
MBSB and/or its Related Corporations by any person whomsoever or entity arising out of or in connection with or by reason of
the operation, provision or use of the Website and/or Services, by reason of or pursuant to these Terms and Conditions and
which are attributable to the act, omission, wilful misconduct, fraud or neglect by you, your servants or agents and/or any third
party authorised by you.
8
16.
SEVERABILITY
In the event any terms or conditions in this Website and/or Services are found to be unlawful or illegal, such term or condition
shall be excluded and such exclusion shall not affect the enforceability, legality and lawfulness of this Website in any way.
17.
GOVERNING LAW
This Website, Services, provision of the products and services and these Terms and Conditions are governed by the laws of
Malaysia. The Customer hereby consents to the exclusive jurisdiction and venue of the courts in Malaysia in all disputes arising
out of or relating to the use of this Website and/or Services and in relation to provision of the products and services. Use of this
Website and/or Services are unauthorised in any jurisdiction that does not give effect to all provisions of these terms and
including without limitation this paragraph. If any part of this Website and/or Services are determined to be invalid pursuant to
applicable law including, but not limited to, the warranty, disclaimers and liability limitations set above, then the invalid or
unenforceable provision(s) will be deemed superseded by a valid, enforceable provision most closely matching the intent of the
original provision and the remainder of these Terms and Conditions shall continue in full effect.
MMSSB, MBSB and/or its Related Corporation makes no representations that the content of this Website and/or Services
complies with any laws outside of Malaysia. MMSSB, MBSB and/or its Related Corporation bears no responsibility for the access
of this Website and/or Services outside of Malaysia. If you access the Website and/or Service outside of Malaysia, you do so at
your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
18.
CONTENT AND USER CONDUCT
You understand and agree that you are responsible for any content that you post or transmit on or through the Website and/or
Services.
You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to MMSSB,
MBSB and/or its Related Corporations or any of its customers or users of the Website and/or Services by any means.
You agree to use the Website and/or Services in a manner consistent with all applicable laws and regulations.
You agree to not use the Website and/or Services to post, transmit, distribute, link to, or solicit content that:







contains any advertising and promotional message;
violates or infringes any laws, regulatory requirements or codes;
infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any
person, or violates any obligation of confidence or any other proprietary right;
contains any obscene, offensive, defamatory or otherwise actionable material;
undermines the security or integrity of the site, including without limitation by importing any viruses, Trojan horses,
time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or
expropriate such equipment, systems or networks;
contains any errors, whether technical or otherwise; or
contains any material in any form that would otherwise render MMSSB, MBSB and/or its Related Corporations liable or
expose MMSSB, MBSB and/or its Related Corporations to any proceedings whatsoever.
You agree to not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any
portion of the content contained herein without express written permission from MMSSB, MBSB and/or its Related
Corporations.
You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of the website,
or to impose an unreasonable or disproportionately large load on the servers serving the Website and/or Services.
MMSSB, MBSB and/or its Related Corporations shall have the right (but not the obligation) in its sole discretion to monitor,
refuse or remove any content that is available via the Website and/or Services. Without limiting the foregoing, MMSSB, MBSB
9
and/or its Related Corporations shall have the right to remove any content that violates these Terms or is otherwise
objectionable.
19.
POSTED CONTENT TO MMSSB, MBSB AND/OR ITS RELATED CORPORATIONS
You agree to grant to MMSSB, MBSB and/or its Related Corporations a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas contained therein for new or improved products and
services) you submit to public areas of the Website and/or Services by all means and in any media now known or hereafter
developed. You also grant to MMSSB, MBSB and/or its Related Corporations the right (though you acknowledge and agree that
MMSSB, MBSB and/or its Related Corporations shall not be so obliged) to use your name in connection with the submitted
materials and other information as well as in connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against MMSSB, MBSB and/or its Related Corporations for any alleged or
actual infringement or misappropriation of any proprietary right in your communications to us.
20.
THIRD PARTY POSTINGS AND HYPERLINKS
This Website and/or Services may contain hyperlinks to other websites which are neither maintained nor controlled by MMSSB,
MBSB and/or its Related Corporations, or may contain content posted on or via the website by third parties. Therefore, MMSSB,
MBSB and/or its Related Corporations shall not be responsible for any errors or omissions in any content in the website, or the
content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked website, nor for the privacy
and security practices employed by these other website, and shall not be liable for any loss or damage of any kind incurred as a
result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the website, or arising
from access to those websites. Use of the Website and/or Services and any hyperlinks and access to such hyperlinked websites
are entirely at your own risk.
You acknowledge that MMSSB, MBSB and/or its Related Corporations has no control over and excludes all liability for any
material on the Internet which can be accessed by using the Website and/or Services. Neither can we be deemed to have
endorsed the content.
You agree that caching, hyperlinking to, and framing of the Website and/or Services or any of the contents are strictly
prohibited.
MMSSB, MBSB and/or its Related Corporations reserves all rights to disable any links to, or frames of any site containing
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or
material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
21.
AVAILABILITY
MMSSB, MBSB and/or its Related Corporations may change, suspend, or terminate all or any part of usage of the Website
and/or Services, the access or availability of the products, services, Website, Services and/or links, at any time, with or without
reason. You acknowledge that the operation of the Website and/or Services may from time to time encounter technical or other
problems and may not necessarily continue uninterrupted or without technical or other errors and MMSSB, MBSB and/or its
Related Corporations shall not be responsible to you or others for any such interruptions, errors or problems or an outright
discontinuance of the Website and/or Services or the specific product or services website/link.
Any such change, suspension or termination shall include, but is not limited to, any one or more of the following:
a)
b)
c)
d)
e)
requests made or imposed by law enforcement and/or other government agencies
discontinuance of the Website and/or Services (or any part thereof)
unexpected technical or security issues or interruption, disruption or congestion problems
your engagement in fraudulent and/or illegal activities
your access or use in connection with or for the purposes of any activities which would or may cause any irritation,
annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial
10
f)
to the interests of MMSSB, MBSB and/or its Related Corporations or any person and/or your breach any of these Terms
and Conditions
you have perpetrated a fraud on the Website and/or Services or conducted yourself in a manner which may result in
perpetrating (or which, in the opinion of MMSSB, MBSB and/or its Related Corporations, constitutes an attempt to
perpetrate) a fraud on MMSSB, MBSB and/or its Related Corporations, the Website and/or Services,
MMSSB, MBSB and/or its Related Corporations shall not be liable to you or any third-party for any termination made in MMSSB,
MBSB and/or its Related Corporations’ sole discretion.
22.
INTELLECTUAL PROPERTY RIGHTS
The content, including but not limited to, information, communications, software, images and sounds contained on or available
through the Website and/or Services is provided by MMSSB, MBSB and or its Related Corporations, its content providers and/or
third party licensors. The intellectual property rights to or over the contents contained in the Website and/or Services belong to
MMSSB, MBSB and/or its Related Corporations, its content providers and/or third party licensors. All rights thereto are reserved.
The contents of the Website and/or Services cannot be reproduced, modified, transferred, distributed, republished,
downloaded, posted or transmitted in any form and/or by any means including but not limited to electronic, mechanical
photocopying or recording without the prior written permission of MMSSB, MBSB and/or its Related Corporations. You agree
that the material and content contained within or provided by the Website and/or Services are for your own personal use only
and may not be distributed commercially.
Your access to and/or use of the Website and/or Services shall not be construed as granting, by implication, estoppel or
otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Website and/or
Services without MMSSB, MBSB and/or its Related Corporations’ prior written consent. You may not, without MMSSB, MBSB
and/or its Related Corporations’ prior written consent, use any of such trademarks, tradenames, logos or service marks as a
hyperlink to the Website and/or Services or any other website.
All software used on this Website and/or Services is the property of, including but not limited to, MMSSB, MBSB and/or its
Related Corporations or its software licensors and is protected by the relevant copyright laws. You may not modify, translate,
decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other
technology that operate the Website and/or Services or create derivative works based on the Website and/or Services. For
purposes of these Terms and Conditions, "reverse engineering" shall include the examination or analysis of the Website and/or
Services to determine the source code, structure, organization, internal design, algorithms or encryption devices/items of the
Website's and/or Services’ underlying technology. You agree not to circumvent any technology used by MMSSB, MBSB, its
Related Corporations and/or its licensors to protect content accessible via the Website and/or Services.
Maxis, Hotlink, maxis.com.my and/or any other website trademarks and service marks are the property of MMSSB, MBSB
and/or its Related Corporations ("Marks"). Without prior written permission from MMSSB, MBSB and/or its Related
Corporations, you agree not to display and/or use the Marks in any manner whatsoever.
23.
TRADEMARKS
All rights reserved. This Website and/or Services includes registered trademarks which are the subject of pending applications or
which otherwise protected by law including without limitation images and text such as "Maxis", "Activate Your Life", "Hotlink",
"Maxis Mobile", "Maxis One Club", and the Maxis, Hotlink, Maxis Mobile and Maxis One Club logos. Unless otherwise indicated,
they are owned and controlled by MMSSB, MBSB and/or its Related Corporations for these purposes and are protected by
intellectual property rights.
Such trademarks and service marks may not be used except as permitted in these Terms and Conditions or with specific written
permission from MMSSB, MBSB and/or its Related Corporations, as the case may be. This Website and/or Services may also
contain the trademarks of content suppliers and electronic commerce merchants which are protected by law, and you shall not
use these trademarks and service marks, at all times and for whatsoever reasons.
11
24.
MISCELLANEOUS
The Customer agrees that this Website and/or Services shall only be used for lawful purposes. If the Customer is dissatisfied with
this Website, Services and/or the Terms and Conditions, rules, policies, guidelines or practices of MMSSB, MBSB and/or its
Related Corporations in operating this Website and/or Services, the Customer's sole and exclusive remedy is to discontinue
using this Website and/or Services.
In the event of any conflict between the Terms and Conditions herein contained and the rules and/or specific terms appearing
on this Website and/or with regards to the Services relating to the specific material, the latter shall prevail.
These Terms and Conditions shall have effect only to the extent not forbidden by law. For avoidance of doubt, it is hereby
agreed and declared in particular, but without limitation, that nothing herein shall be construed as an attempt to contract out of
any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.
No delay or indulgence by MMSSB, MBSB and/or its Related Corporations in enforcing any term or condition of these Terms and
Conditions nor the granting of time by MMSSB, MBSB and/or its Related Corporations to you shall prejudice the rights or powers
of MMSSB, MBSB and/or its Related Corporations nor shall any waiver by MMSSB, MBSB and/or its Related Corporations of any
breach constitute a continuing waiver in respect of any subsequent or continuing breach.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the
laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the
jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms
and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding
and enforceable.
The Customer must also:




cease to utilize the Services and/or Website or any part thereof for such period as may be required by MMSSB, MBSB
and/or its Related Corporations.
not use the Website and/or Services to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
comply with all notices or directions relating to the Customer's use of the Services and Website as MMSSB, MBSB
and/or its Related Corporations may see fit to issue from time to time or if MMSSB, MBSB and/or its Related
Corporations has/have reason or cause to suspect that you are not complying with your responsibilities and obligations
under these terms and conditions.
at all times keep the personal identification, login ID and password created confidential and not release their login ID
and password to any person.
12
PART B.
ORDERING FROM MAXIS ONLINE STORE
The information displayed on this Website and/or Services, including prices, does not constitute an offer to contract or enter
into an agreement. When you send an order by means of this Website and/or Services for products and/or services your order
shall constitute an offer for the goods, services and/or products selected. We shall send you an email confirming your order to
the email address supplied with your order. Acceptance of your order shall only take place when your credit card is debited or
other payment method is cleared; and your agreement to accept the relevant terms and conditions for the products and/or
services. Until then and upon completion of credit worthiness checks, MMSSB, MBSB and/or its Related Corporations reserves
the right to decline the order. No binding contract is created until your order has been accepted by MMSSB, MBSB and/or its
Related Corporations. Any contracts or agreements formed between you and us by means of this Website and/or Service shall
be governed and construed according to the laws of Malaysia.
You shall be charged fees and charges in respect of the products and/or services that you have subscribed subject to the billing
and payment terms you have agreed to and entered into with MMSSB, MBSB and/or its Related Corporations. You shall
promptly pay MMSSB, MBSB and/or its Related Corporations all the fees and charges and any other sums due or payable to
MMSSB, MBSB and/or its Related Corporation with respect to any of the products and/or services:

In accordance with MMSSB’s, MBSB’s and/or its Related Corporation’s billing and payment terms and without any set
off, counterclaim, deduction or withholding whatsoever;

In accordance with the terms imposed by the payment provider, where your transactions are by way of credit card or
other payment channels. You agree that MMSSB, MBSB and/or its Related Corporations shall in no way be responsible
to indemnify you and/or any party in the event of any disputed, non-consensual or unauthorized use of another’s credit
card. You agree to settle such disputes with the payment provider and/or such third party without MMSSB’s, MBSB
and/or its Related Corporation’s involvement in any way whatsoever.
MMSSB, MBSB and/or its Related Corporation has the right to reject any transactions and/or forfeit any refund at its discretion if
there are any suspicious and/or fraudulent attempts made by you and/or any party authorized by you.
MMSSB, MBSB and/or its Related Corporation may determine and impose and may, by providing 7 days' notice to you, vary or
revise fees and charges, payment terms and any prescribed rate from time to time and such variation or revision shall take
effect as from the date determined by MMSSB, MBSB and/or its Related Corporations.
You shall bear and pay all applicable taxes. If you are required under any law of any jurisdiction to deduct or withhold any sum
as taxes imposed on or in respect of any amount due or payable to MMSSB, MBSB and/or its Related Corporation, you shall
make such deduction or withholding as required and the amount payable to MMSSB, MBSB and/or its Related Corporation shall
be increased by any such amount necessary to ensure that MMSSB, MBSB and/or its Related Corporation receives a net amount
equal to the amount which MMSSB, MBSB and/or its related Corporation would have received in the absence of any such
deduction or withholding.
1.
CANCELLATION
There shall be NO CANCELLATION once your order has been accepted by MMSSB, MBSB and/or its Related Corporation.
2.
DELIVERY
For efficient delivery, it is important that you include accurate personal information as products and/or services ordered shall be
delivered to the address you provide to us.
2.1
Delivery Information
Your order will be delivered by our appointed delivery agent. Delivery is available within Malaysia only.
2.2
Delivery Charges
13
There will be no delivery charges for standard delivery, wherein standard delivery shall refer to the time of deliveries as
mentioned in clause 2.3 below.
2.3
Estimated Time of Delivery
All package(s) will be received within the stipulated time frames (excluding Saturdays, Sundays and Public Holidays) as set out
below from the date of your confirmed order. The estimated time of delivery can be summarised as follows and in accordance
to Zones 1, 2 and 3 (as stipulated in the calendar for selection of delivery dates):
Zones/Location (West Malaysia)
Zone 1
Zone 2
Zone 3
Zones/Location (East Malaysia)
Zone 1
Zone 2
Zone 3
2.4
Time of Orders by Customers
Before 2pm
After 2pm
Before 2pm
After 2pm
Before 2pm
After 2pm
Time of delivery
Next day delivery
nd
Delivery on 2 day
nd
Delivery on 2 day
rd
Delivery on 3 day
rd
Delivery on 3 day
th
Delivery on 4 day
Time of Orders by Customers
Before 2pm
After 2pm
Before 2pm
After 2pm
Before 2pm
After 2pm
Time of delivery
nd
Delivery on 2 day
rd
Delivery on 3 day
rd
Delivery on 3 day
th
Delivery on 4 day
th
Delivery on 4 day
th
Delivery on 5 day
Order(s) Not Received After Estimated Delivery Date
You will be able to track your order status online via http://store.maxis.com.my for delivery within Malaysia.
If your order was not received within the estimated time frame, or if the said tracking information is not valid/untraceable,
please contact us at MOS customer service support at 1-800-822-888 to check the status of the delivery.
2.5
Undeliverable Order(s)
There are several reasons that we deem a package is undeliverable, as listed below:
(a)
No Service Areas
If the postal code shows a non service area, then the order(s) will not be delivered. MMSSB, MBSB and/or its Related
Corporations will only provide service based on valid postal codes as well as postal codes within a service area.
(b)
Incorrect Address
If the address you provide is incorrect or outdated, the order(s) will be returned to us. Do remember, MMSSB, MBSB and/or its
Related Corporation does not deliver to Post Office Boxes (P.O. Box).
(c)
Restricted Areas
If the order(s) is being made to a restricted area such as an organisation or business premises, military base or any other
restricted areas, there may be delivery restrictions associated with the items or package, wherein the package(s) will be
returned to us if delivery fails.
(d)
Reject by Recipient
If a recipient refuses to accept a package, the package will be returned to us. You will need to contact the Maxis Online Store
Customer Service at 1-800-822-888 to notify us of this rejection or refusal.
(e) Courier Mistakes
14
In rare cases, if the address label becomes illegible during shipping and handling process, the package(s) will be returned to us.
2.6
Damage and Missing Item(s)
If upon receiving your order, there are any damage(s) to the package(s) or missing item(s) from your order, do make a report by
contacting the Maxis Online Store Customer Service at 1-800-822-888. You are reminded to keep all items, boxes, and packaging
material shipped exactly as you received it for inspection purposes. Our customer support will advise you of the next step(s).
2.7
Item Availability
We take every measure to ensure that the products we offer are in stock. However, unforeseen circumstances may happen. In
the event products are 'Out-of-Stock', we will notify you via email and our customer support will advise you of the next step(s).
2.8
Delivery Service Delay
In rare cases, there are unexpected service delays such as due to severe weather, natural disasters, transport accident,
unscheduled events and etc.
Please track your domestic carrier at http://store.maxis.com.my for status updates before contacting us.
2.9
Change of delivery address and date
Any change of delivery address and date can be performed by contacting Maxis Online Store Customer Service at 1-800-822888.
2.10
Cooling off period for change of delivery address, date and time:
In the event you wish to change the delivery address and date, you must make the change request 24 hours before delivery is
made.
2.11 If our attempt to deliver the order to your delivery address fails more than twice, MMSSB, MBSB and/or its Related
Corporations will send a SMS and email to you to instruct you what to do next.
2.12. Subject to Clause 2.16 below, in the event that MMSSB, MBSB or its Related Corporation is not able to deliver your product
to you, MMSSB, MBSB and/or its Related Corporation will refund the credit card payment made.
2.13 You agree to produce your NRIC, passport or any other identification document for verification upon delivery of the
product to you in the presence of MMSSB’s, MBSB’s and/or its Related Corporation’s delivery agent.
2.14 We encourage you to inspect the package to verify that it is correct, complete with the necessary accessories (ONLY where
there are accessories provided) and is capable of its basic functionality. Kindly take note that the products are subject to
the manufacturer’s warranty and terms and conditions. If the package is delivered without the necessary accessories
(ONLY where there are accessories provided) or is incapable of carrying out its basic functionality, you are advised not to
accept the package or you are advised to contact our Maxis Online Store Customer Service at 1-800-822-888 to report the
defect within 24 hours from the time of receipt. Thereafter, once the products are accepted, MMSSB, MBSB and/or its
Related Corporation shall not be responsible for such defects and/or failure to function.
2.15 The product is covered under and subject to the terms of warranty from the relevant manufacturers or licensors except for
defects caused by your acts, omission, wilful misconduct or negligence. Should there be any manufacturing defects with
the product found within twenty four (24) hours from the date of receipt by you, you are required to contact MMSSB,
MBSB and/or its Related Corporation at 1-800-822-888 to get a replacement. A replacement shall only be given upon
receipt of the returned product to MMSSB, MBSB and/or its Related Corporation. MMSSB, MBSB and/or its Related
Corporation shall not make any replacement if the product is lost or damaged during courier.
2.16 You agree that there shall be no refund for your products in the event that MMSSB, MBSB and/or its Related Corporation is
not able to deliver your product to you, MMSSB, MBSB and/or its Related Corporation is not able to locate or communicate
15
with you (by means as provided herein) or the information disclosed by you is wrong or inaccurate. You agree that MMSSB,
MBSB and/or its Related Corporation shall not be responsible in any way for such failure.
3.
TERMS & CONDITIONS APPLICABLE TO THIRD PARTY PRODUCTS & SERVICES
All third party products and services (“Third Party Services”) are deemed provided to you solely and independently by the
manufacturer or vendor (“Vendor”) and all queries, technical support requests, complaints and/or other issues arising out of or
in relation to the Third Party Services shall be forwarded to the Vendor or its Call Centre. MMSSB, MBSB and/or its Related
Corporation does not, in any manner, whether expressed or implied, endorse the Third Party Services and/or Vendor. The Third
Party Services are provided on an "AS IS" basis. MMSSB, MBSB and/or its Related Corporations, disclaim and exclude all
warranties (relating to the content, information, services relating to or in connection with the Third Party Services and/or as
provided by the Vendor including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, noninfringement, compatibility, security and accuracy) and all liability to the Customer or anyone else (for any loss or injury or any
direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use,
data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with
Customer's application, the Third Party Services and/or the Vendor)
16
PART C.
MAXIS GROUP PRIVACY STATEMENT – IMPORTANT NOTICE
This Privacy Statement sets out how Maxis Berhad and its holding, related and subsidiary companies, including but not limited
to, Maxis Mobile Sdn Bhd, Maxis Mobile Services Sdn Bhd, Maxis Broadband Sdn Bhd, Maxis Collections Sdn Bhd, Maxis
International Sdn Bhd and Maxis Communications Berhad (collectively referred to as “Maxis Group”, “us” or “we”) collect,
store and handle personal information (as defined below) of individuals in accordance with the Personal Data Protection Act
2010 (“PDPA”) and the laws of Malaysia.
Please read this Privacy Statement to understand how we use the personal information we may collect from you. By providing
your Personal Information to us, you are consenting to this Privacy Statement and the collection, use, access, transfer, storage
and processing of your personal information as described in this Privacy Statement.
1.
What This Privacy Statement Explains
This Privacy Statement explains:






2.
What kind of personal information we collect
How we collect your personal information
How we use your personal information
When we disclose your personal information
When we transfer your personal information abroad
Your right to access and correct your personal information
Our Commitment To You
We value your trust and are committed to protecting your personal information. To ensure that you can make informed
decisions and feel confident about supplying your Personal Information to us when using any of our Maxis Group websites,
Products and/or Services, we provide you with this Privacy Statement outlining our practices and the choices you have
concerning how your Personal Information is being collected and used by us.
3.
Defining Personal Information
Personal information refers to any information which relates directly or indirectly to you. This includes any information that
can be used to distinguish, identify or contact you. For the purposes of this Privacy Statement, personal information
encompasses sensitive personal information which relates to information relating to your health, political opinions, religious
beliefs, etc. For the avoidance of doubt, please note that this Privacy Statement is applicable only if you are a natural person
/ an individual.
4.
What Kind Of Personal Information We Collect
In order for us to provide you with our Products and/or Services and to operate in an efficient and effective manner by
providing you with the best service possible, we need to collect relevant personal information from you. The personal
information collected by us may include (but is not limited to) the following:






contact information such as your name, date of birth, identification supporting documents (including NRIC or passport
number), gender, nationality and race, preferred language, current private and/or business address, installation
address, telephone or mobile phone number, fax number, email address
your credit card information and bank account details
your mobile phone location (to determine the closest Maxis network connection point to enable connection to our
network to make calls and/or access our mobile internet services)
the status of the Products and/or Services you have acquired from us or subscribed to
how you use the Products and/or Service (for example traffic data such as numbers and addresses of calls, SMS, MMS,
emails and other communications made and received by you and the date, duration, time and cost of such
communications)
the amount of data that has been received and/or sent by you
the equipment you use when accessing our Products and/or Services (such as your mobile handset, your computer
system and platform) to customize the service for you
17




5.
your personal interests and preferences to help us tailor offerings of our Products and/or Services which would suit you
best
clickstream data when you visit any of our websites (for example the pages you access and the Services and/or
Products you browsed)
recording of your image via CCTV cameras when you visit our branches
recording of calls placed by you to our help desk for our service enhancement and improvement
When And How We Collect Your Personal Information?
We may collect personal information directly from you when you:
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communicate with us (for example when you submit an application form to become our customer, or when you contact
us for any enquiries including by calling our customer service)
register or subscribe for a specific Product and/or Service or our publications (for example, newsletters)
use our network and other Products and/or Services of Maxis Group
participate in any of our surveys
enter into or participate in any competitions, contests or loyalty programmes run/organised by us
register interest and/or request for information of (through our online portals or other available channels) or subscribe
to our Products and/or Services
respond to any marketing materials we send out
commence a business relationship with us (for example, as a service provider/business partner)
visit any of our offices
visit or browse our websites
lodge a complaint with us
provide feedback to us (for example via our websites or in hard copy)
Other than personal information obtained from you directly (as detailed above), we may also obtain your personal
information from third parties we deal with or are connected with you (credit reference agencies or financial institutions),
and from such other sources where you have given your consent for the disclosure of information relating to you, and/or
where otherwise lawfully permitted.
6.
How We Use Your Personal Information
We may collect and use personal information from you or from the category of third parties identified in this Privacy
Statement, for one or more of the following purposes:
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to verify your identity
to assess and process your application(s) /request(s) for our Products and/or Services
to provide you with the Products and/or Services you have requested
to administer and manage the Products and/or Services we provide you (including charging, billing, facilitating payments
and collecting debts)
to investigate and resolve any service issues, billing queries, complaints or other enquiries that you submit to us regarding
our network, Products and Services with our customer relations teams
to assess and/or verify credit worthiness
to detect and prevent fraudulent activity
to manage our networks
to keep in contact with you and provide you with any information you have requested
to engage in business transactions in respect of Products and/or Services to be offered and provided to you
to establish and better manage any business relationship we may have with you
to process any communications you send us (for example, answering any queries and dealing with any complaints and
feedbacks)
to help us monitor and improve the performance of our network, Products and Services, our customer relations teams
and service providers and the Maxis Group Websites and to make these more efficient
to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems
to manage staff training and quality assurance
to notify you about benefits and changes to the features of our Products and/or Services
to determine how can we improve services to you
to produce data, reports and statistics which shall be anonymised or aggregated in a manner that does not identify you
as an individual
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7.
to investigate, respond to, or defend claims made against, or involving the Maxis Group
to conduct marketing activities (for example, market research)
to maintain records required for security, claims or other legal purposes
to comply with legal and regulatory requirements
for any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory
authorities
Disclosure of Your Personal Information
As a part of providing you with our Products and/or Services and the management and/or operation of the same, we may
be required or need to disclose information about you to the following third parties:
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law enforcement agencies
government agencies
companies and/or organisations that act as our agents, contractors, service providers and/or professional advisers
companies and/or organisations that assist us in processing and/or otherwise fulfilling transactions and providing you
with Products and/or Services that you have requested or subscribed for
our business associates and other parties for purposes that are related to the purpose of collecting and using your
personal information
other parties in respect of whom you have given your express or implied consent
subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to the Maxis Group.
8.
Direct Marketing
We may use your personal information to provide you with information about our and third party services and/or products,
which may be of interest to or benefit you, except where otherwise requested or notified by you.
In certain instances, we may disclose your personal information to our preferred merchants and strategic partners.
However, please note that we will only disclose your personal information to our merchants and strategic partners where
you have subscribed for particular Services or Products which require such disclosure, and/or where your consent has been
obtained, subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to Maxis Group.
We take reasonable steps to ensure that our agreements with our merchants and/or strategic partners include appropriate
privacy and confidentiality obligations.
If you do not wish your personal information to be utilised for the purposes of marketing or should you change your mind in
relation to your previous decision, please contact us at the Maxis Privacy Centre via the contact details provided below.
Your latest written instructions to us will prevail.
9.
What If Personal Information Provided By You Is Incomplete?
Where indicated (for example in registration/application forms), it is obligatory to provide your personal information to us
to enable us to process your application for our Products and/or Services. Should you decline to provide such obligatory
personal information, we may not be able to process your application or provide you with our Products and/or Services.
10. Your Rights To Access And Correct Your Personal Information
We can assist you to access and correct your personal information held by us.
Where you wish to have access to your personal information in our possession, or where you are of the opinion that such
personal information held by us is inaccurate, incomplete, misleading or where relevant, not up-to-date, you may make a
request to us by contacting the Maxis Privacy Centre via the contact details provided below. You should quote your name,
address and phone/account number and provide brief details of the information you want a copy of in any such request.
We shall charge a processing fee for searching for and providing you with access to your personal information to cover
administration costs.
We will use reasonable efforts to comply with your request to access or correct your personal information within 21 days of
receiving your request and the relevant processing fee.
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Please note that we may have to withhold access to your personal information in certain situations, for example when we
are unable to confirm your identity or where information requested for is of a confidential commercial nature or in the
event we receive repeated requests for the same information. Nevertheless, we will notify you of the reasons for not being
able to accede to your request.
11. Your Obligations
You are responsible for providing accurate and complete information to us about yourself and any other person whose
personal information you provide us and for updating this personal information as and when it becomes incorrect or out of
date by contacting the Maxis Privacy Centre via the contact details provided below. This obligation is a condition to the
provision of our Products and/or Services to you and/or any other person authorised or permitted by you or your
organisation/company to use the Products and/or Services.
In the event you may need to provide us with personal information relating to third parties (for example about your spouse
or children or where you are the designated person in charge (from an organisation or company) for dealing with us, if you
are acquiring and are responsible for a service and/or product that they will use), you confirm that you have (i) obtained
their consent or otherwise entitled to provide their personal information to us and for us to use accordingly, and (ii)
informed them to read this Privacy Statement at our website at www.maxis.com.my/pdpa and at any Maxis Service Centre.
12. Online Dealings With Maxis Group
Cookies
We collect information about your use of our websites from cookies. Cookies are packets of information stored in your
computer which assist your website navigation by customizing site information tailored to your needs. Cookies in
themselves do not identify the individual user, just the computer used. You are not obliged to accept cookies. If you are
concerned, you can set your computer either to accept all cookies, to notify you when a cookie is issued, or not to receive
cookies at any time. However, rejection of cookies may affect your use of our websites as we will be unable to personalize
aspects of your use of the website.
Links to Third Party Websites
Please be informed that this Privacy Statement applies solely to Maxis Group Websites and does not apply to any third party
websites you may access from our websites. To determine how they deal with your Personal Information, you should
ensure that you read their respective privacy policies.
13. Transfer Of Your Personal Information Outside Malaysia
It may be necessary for us to transfer your personal information outside Malaysia if any of our service providers or strategic
partners (“overseas entities”) who are involved in providing part of a Maxis Group Products and/or Services are located in
countries outside Malaysia or if you use the Products and/or Services from a country other than Malaysia (for example,
international roaming). You consent to us transferring your personal information outside Malaysia in these instances. We
shall take reasonable steps to ensure that any such overseas entities are contractually bound not to use your personal
information for any reason other than to provide the Products and/or Services they are contracted by us to provide and to
adequately safeguard your personal information.
14. Updates To Our Privacy Statement
We may amend this Privacy Statement from time to time and the updated version shall apply and supercede any and all
previous versions, including but not limited to, leaflets or hard copy versions. Please check our website for information on
our most up-to-date practices.
15. Our Contact Details
Should you have any queries, concerns or complaints in relation to this Privacy Statement , kindly contact us at the Maxis
Privacy Centre during office hours (between 9:00am to 6:00pm, Mondays to Fridays and between 9:00am to 1:00pm on
Saturdays) at the following contact points:
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Designation: Data Privacy Officer
Telephone: 123 from your Maxis phone /1800821123 or 03-74922123 from any other phone
Fax No.: 03-74922950
E-mail: customercare@maxis.com.my
Address: Maxis Group, P.O. Box 13222, 50802 Kuala Lumpur
Version: 20130214.01
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PART D. POSTPAID SERVICES
POSTPAID TERMS AND CONDITIONS
Postpaid Service: Terms & Conditions
1.
Version 01062014
DEFINITIONS
1.1
“Addendum(s)” means any addendum(s) or supplement(s) executed by Customer and accepted by MMSSB for value
added, supplemental or additional Services.
1.2
“Agreement” means the agreement for Services made between MMSSB and a Customer in accordance with these
terms and conditions, the Registration Form, the Addendums, the terms of services, policies and procedures of the
individual rate plans and all other documents which are expressly agreed to form part of the Agreement.
1.3
“Bank” means the authorized banks or financial institutions or such other entity which may be nominated by MMSSB
from time to time.
1.4
“Bursa Malaysia” means Bursa Malaysia Securities Berhad
1.5
“Card” means the credit or charge card (as applicable) nominated by the Customer as payment for the Services and
accepted by MMSSB.
1.6
“Cardholder” means the lawful and authorized user of the Card whose name is embossed thereon and whose
signature appears on the Card.
1.7
“Card Issuer(s)” refers to any bank or legal entity which is the issuer for the Card.
1.8
“Customer” means the individual, sole proprietorship, partnership, company or entity named in the Registration
Form overleaf whose application for Services or any part thereof has been accepted and approved by MMSSB. An
individual applicant must be at least 18 years of age.
1.9
“Direct Debit” means the direct debit bill payment service offered by MMSSB whereby a Customer’s periodic official
bill statement may be automatically billed into the Customer’s Card account for settlement.
1.10
“Donor Network Operator” means a mobile service provider from which a Mobile Number has been or is to be
ported out.
1.11
“International Mobile Equipment Identification (IMEI)” is a unique electronic serial number sealed into the Mobile
Equipment.
1.12
“m-Billing” is a service offered whereby the Customer’s periodic official bill statement may be viewed, and the
Customer has the option to pay the outstanding amount using the Customer’s Card account for settlement.
1.13
“MMSSB” means Maxis Mobile Services Sdn Bhd (formerly known as Malaysian Mobile Services Sdn Bhd (Company
No. 73315-V).
1.14
“MAXIS” is the service name of the Global System for Mobile Communications (GSM) Service.
1.15
“Mobile Equipment” means equipment with a transmitter and receiver which does not contain any Personal
Information.
1.16
“Mobile Number” means Mobile Station International Subscriber Directory Number (MSISDN).
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1.17
“Mobile Number Portability”/“MNP” means the ability for Customers to change from one mobile service provider to
another and retain their Mobile Number.
1.18
“Mobile Phone” is composed of the Mobile Equipment and SIM Card which facilitates the use of the Services.
1.19
“Pay-By-Phone” means the Pay-By-Phone service whereby the Customer’s periodic official bill statement per
account may be charged to the Customer’s Card account for settlement as advised by the Customer via telephone for
each payment.
1.20
“Personal Information” means information collected by MMSSB from a Customer including all information and
details in relation to the Services provided by MMSSB to the Customer.
1.21
“Port or Porting” means the transfer of Customer’s Mobile Number from one mobile service provider to another.
1.22
“Recipient Network Operator” means a mobile service provider to which a Mobile Number has been or is to be
ported in.
1.23
“Registration Form” means Customer’s duly completed application form for registration to subscribe to the Services,
which has been accepted and approved by MMSSB, the form and content of which are set out overleaf.
1.24
“Related Corporations” means the related corporations as defined under the Companies Act, 1965 and include their
respective employees and directors.
1.25
“Service(s)” means the mobile telecommunication services to be provided by MMSSB to a Customer pursuant to the
Agreement and any plans, value added, supplemental or additional Services as may be stated in the Agreement,
Registration Form or Addendum(s).
1.26
“SIM Card” for GSM Services means either a card or plug-in module with a microchip which contains all necessary
Customer information. The SIM Card has to be inserted into the Mobile Equipment in order for a call to be made.
1.27
“SKMM” means the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM), also known as Malaysian
Communications and Multimedia Commission, established under the Malaysian Communications and Multimedia
Commission Act 1998 (CMA 1998).
1.28
“Working Days” means, save for the states of Kedah, Terengganu and Kelantan, Mondays to Fridays and Saturday
(half day) excluding public holidays and Sundays. In relation to the states of Kedah, Terengganu and Kelantan,
Saturdays to Wednesdays and Thursday (half day) excluding public holidays and Fridays.
2.
DURATION OF AGREEMENT
2.1
The Agreement between the Customer and MMSSB shall be in force from the date the Customer’s Registration Form
for Services is approved by MMSSB, which is signified by availability of the Services to the Customer. Approval of the
Customer’s application for Services shall be at MMSSB’s absolute discretion and shall be in force unless terminated in
accordance with the Agreement.
2.2
Approval by MMSSB of the Customer’s application for one Service does not necessarily imply approval of nor oblige
MMSSB to accept the Customer’s application for registration for other types of Services comprising the Services
applied for. Approval by MMSSB of Customer’s application for registration for the other services comprising the
Services is at MMSSB’s absolute discretion.
2A.
PLAN STRUCTURE
2A.1
Structure of the principal and supplementary plans (“Plans”) shall be as set out and published on MMSSB’s official
website at www.maxis.com.my The principal and supplementary plans structure for the Plans are subject to change,
and the prevailing terms and conditions with respect to the Plans as updated on the official website shall apply and
supercede any and all previous versions, including but not limited to, in any user guide or leaflets versions. The
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Customer is responsible to regularly review information relating to the Plans and Services posted on MMSSB’s official
website which may include changes to the Agreement, Addendum(s),
Services and/or Plans. The Customer’s continued use of the Services and/or Plans after the effective date of any
change to the terms and conditions of Services and/or Plans shall constitute unconditional acceptance of such
variations, additions or amendments by the Customer and the Customer shall be bound by the same. In the event
the Customer does not accept such changes, the Customer shall be entitled to terminate Plan and/or the use of the
Services.
2A.2
Rate Plan may comprise one of the following as set out below and the Customer acknowledges that:
1) For Rate Plans with package of Minutes and/or SMS and/or Mobile Internet (Data):
a) The packaged minutes and SMS applies to domestic on-net and off-net usage only;
b) All packaged minutes, SMS and data allocated within the Plans are exclusively for domestic usage only;
c) Any usage exceeding the packaged voice minutes, SMS or data allocations will be charged based on the
individual tariffs for exceeded usage;
d) For plans that come with bundled Minutes and SMS, Maxis will not provide any notification of usage. It is
the Customers’ responsibility to monitor their own usage
e) Once the packaged usage has been fully utilised the pre-defined voice and SMS tariffs based on individual
rate plans will be applied.
f) The Customer may purchase the mobile internet quota upgrade passes before the Customer’s packaged
Internet package allocation is exceeded, whereby such upgrade is available through the Customer’s UMB
menu accessible through the Customer’s Mobile Phone or other available devices or channels as may be
informed by MMSSB as and when available or deemed necessary. Nevertheless, in the event the Internet
package allocation tied to the Plan is exceeded and the Customer has not made an Internet upgrade pass
purchase, the Customer will automatically be subject to extra charges (extra charges based on the
Customer’s Internet usage volume) as stipulated on MMSSB’s website with a maximum charge of up to
RM250 per month or such other rate as stipulated by MMSSB as and when deemed necessary. While
roaming overseas, the prevailing data roaming charges will apply;
g) For supplementary plans that come with bundled minutes, SMS and mobile internet (data) sharing of
unused bundled minutes and or SMS’ and or mobile internet (data) allocation between family lines or the
principal and supplementary lines are not allowed. The “Maxis Supplementary Plan” with commitment of
RM30 or above (without any voice, SMS or mobile internet (data)) packages permit sharing.
h) All monthly allocated minutes, SMS’ and Internet quota will be pro-rated and therefore based on the
Customer’s bill cycle date, whereby a Customer might not enjoy the full allocation for the first month. From
the second month onward the Customer will enjoy full allocation for minutes, SMS’ and Internet quota.
2) For Rate Plan with built in Usage triggered based discounts:
a) Usage trigger based discounts are applied for usages that meet the minimum threshold amount as pre-set
by the individual rate plans as stipulated on www.maxis.com.my. Threshold usages include recurring and
non-recurring charges (excluding content download/streaming/subscriptions) of MMSSB Services/products.
b) The usages calculation is based on the Customer’s current bill cycle and the trigger based discounts are also
applied within the same bill cycle.
b) In the event the Customer signs up a usage trigger based discount plan in the middle of a bill cycle, the
trigger threshold will not be pro-rated.
c) MMSSB shall not be held liable In the event of any network disruptions causing usage trigger discounts
interruptions.
d) All notifications with regards to the usage trigger are by default and non-chargeable and cannot be removed
for individual Customers.
e) MMSSB shall not be held liable if the Customer has for whatever reason not received the usage trigger
notifications.
3) For SurfMore Plan:
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a) At the point of registration of the new SurfMore 50 Plan or SurfMore 75 Plan, a Maxis/MMSSB customer
with an existing ACTIVE postpaid Service or postpaid wireless broadband line exceeding 30 days from the
date of the Customer’s service activation under this SurfMore Plan [SurfMore Plan 50 or SurfMore Plan 75]
will enjoy a special discount (RM5 discount for SurfMore 50 and RM10 discount for SurfMore 75, which is
also stipulated in the Plan structure as set out in www.maxis.com.my;
b) This special discount will remain active and valid within the Customer’s SurfMore 50 or SurfMore 75 account
as long as the Customer’s initial existing postpaid Service or postpaid wireless broadband line is still ACTIVE;
c) In the event that the Customer’s initial existing postpaid Service or postpaid wireless broadband line is
deactivated for whatever reason, then the stipulated discount will be terminated and the Customer will be
charged the full or original package charges the Customer had initially signed up for.
d) MMSSB reserves the right, without any liability, to change, vary, add or amend any of these terms and
conditions, Plan and the offers stated in these terms and conditions without prior notice.
4) For Rate Plans with a contract or commitment period:
a)
Anytime during the commitment period of a contract for Rate Plans with a contract or commitment period
as stipulated for the relevant Plan(s) as set out in www.maxis.com.my, if the Customer requests or for
whatever reason the Customer is placed under an account suspension status, once the line is re-activated
the contract commitment period will be extended based on the duration of the account suspension period.
b) The Customer shall NOT during the commitment period:
i.
terminate the Customer’s line or port out to another mobile service provider
ii.
change the Customer’s account ownership
iii.
downgrade the Customer’s rate plan
iv.
change to a corporate account
v.
enter into a contract with a handset offer (for Internet Value Plan 48)
c) MMSSB shall impose a pre-termination charge for the remaining months of the unfulfilled commitment
period as determined by the Customer’s service activation date, in the event this Plan is terminated by
Maxis or the customer, prior to the commitment period due to any of the reasons as set out in Clause 4(b)
above and/or due to the Customer’s breach of these terms and conditions. Payment of the pre-termination
charge in addition to any overdue, current billed and unbilled charges shall be made without prejudice to
the collection of all monies owing to MMSSB by the Customer in accordance with the Customer’s account
up to the time of pre-termination. The Customer shall be furnished with a final statement of account which
shall be due and payable by the Customer to MMSSB upon receipt.
MMSSB reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions,
Plan and the offers stated in these terms and conditions without prior notice.
3.
CUSTOMER’S RESPONSIBILITY
The Customer must, throughout the duration of the Agreement:
3.1
Promptly pay all amounts due to MMSSB as reflected in the official bill statement and for all charges whatsoever
occasioned by the use of the Service, including all charges to supplementary lines, irrespective of whether such
charges were authorised by the Customer, had exceeded the Customer’s credit limit or had arisen from any other
causes whatsoever.
3.2
Cease to utilize the Services or any part thereof for such period as may be required by MMSSB.
3.3
Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of
Services or part thereof from any cause whatsoever.
3.4
Ensure that the Customer’s Mobile Equipment, SIM Card and Mobile Number are lawfully owned/used/possessed
and that such ownership/usage/possession is not in contravention of any laws or regulations of Malaysia.
3.5
Ensure that the Service is used solely for the reception and transmission of messages (including without limitation
picture, data and audio files) and other telecommunications by the Customer or other persons using the Customer’s
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Mobile Phone.
3.6
Not use the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
3.7
Comply with all notices or directions relating to the Customer’s use of the Service, the Mobile Equipment, SIM Card
and Mobile Number as MMSSB may see fit to issue from time to time or if MMSSB has reason or cause to suspect
that the Customer is not complying with the Customer’s responsibilities and obligations under this Agreement.
3.8
Be fully responsible for any voice or data transmitted or broadcasted by the Customer or persons using the
Customer’s Mobile Phone (whether authorised by the Customer or not).
3.9
At all times keep the personal identification number (PIN) of the Customer’s SIM Card confidential and not release
the PIN to any other person.
3.10
Report immediately to MMSSB upon the discovery of any fraud, theft, loss, unauthorised usage or any other
occurrence of unlawful acts in relation to the Mobile Phone and its use. In this respect, the Customer agrees to lodge
a police report whenever instructed by MMSSB (if one has not already been lodged) and to give MMSSB a certified
copy of such report.
3.11
indemnify and shall keep indemnified MMSSB from any loss, damage, liability or expenses arising from any claims for
libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or
regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof and
from all other claims arising out of any act or omission of the Customer or any unauthorized use or exploitation of
the Services or part thereof.
4.
OTHER PAYMENTS
4.1
Upon submission and approval of the Registration Form, the Customer shall pay to MMSSB such payments (which
may include without limitation, a refundable deposit or an advance payment) as may be required by MMSSB for the
registration of the Services or part thereof.
4.2
Any refundable deposit shall be held to the Customer’s credit and repaid to the Customer without interest after
termination of the Agreement, and subject to the deduction of any amount due to MMSSB by the Customer. MMSSB
reserves the right to deduct from the refundable deposit any amount due and payable to MMSSB at any time and
may request the Customer to make a further refundable deposit payment towards maintaining the refundable
deposit at the level determined by MMSSB.
4.3
The Customer has 14 days from the date of the official bill statement to notify MMSSB in writing of any valid disputes
or errors arising from the official bill statement, failing which the Customer will be deemed to have accepted the
official bill statement rendered for any period as correct and final.
4.4
The Customer hereby acknowledges and agrees that its obligation to pay promptly all charges due and payable as
stated in the official bill statement to MMSSB shall not be waived, absolved or diminished by virtue of:a) the Customer not receiving any official bill statement from MMSSB for any particular billing period; and/or
b) the Customer’s failure or neglect to check, enquire, understand and ascertain the nature of the Services
subscribed or used by the Customer and the applicable charges associated with such Services.
4.5
In addition to its obligations under Clause 3.1, it shall be the Customer’s responsibility to:a) request from MMSSB for the official bill statement which it has not received for any given billing period;
b) to check the applicable handbooks or brochures and/or addendums or supplemental thereto made
available by MMSSB from time to time and make the necessary enquiries with MMSSB to understand and
ascertain the nature of the Services subscribed or used by the Customer and the applicable charges
associated with the Services.
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4.6
In the event of any fees or charges remaining unpaid after becoming due, MMSSB may charge interest at the rate of
1.5% per month (such rate to be applicable before and after judgment) on the overdue amount, calculated on a daily
basis commencing from the date after the due date for payment up to, and including the date of payment or
RM10.00 per month whichever shall be the higher, and the Customer shall be liable to pay such amounts. MMSSB
may also, at its sole discretion, waive any late payment charges or interest on any overdue amount.
4.7
MMSSB shall be entitled to vary the amount of deposit, fees and any other charges for the Services or part thereof at
any time by notice to the Customer.
4.8
At MMSSB’s absolute discretion, any credit balance in the value of Ringgit Malaysia Ten (RM10.00) and below in a
deactivated account, whereby such credit balance value may be changed from time to time, as and when deemed
necessary by MMSSB, shall be absorbed as administration fees for the Service(s) and/or other services as may be
provided by MMSSB and/or its Related Corporations with an outstanding amount, as deemed necessary by MMSSB
at any time.
4.9
The Customer agrees to bear all legal costs and expenses incurred by MMSSB in recovering any moneys, charges,
costs, and expenses payable by the Customer under the Agreement, and the Customer also agrees to indemnify
MMSSB against all costs, expenses and charges or legal fees incurred by MMSSB in enforcing the Agreement or in
bringing any action or proceeding to recover all charges, costs and expenses payable by the Customer.
4.10
The Customer agrees that a certificate signed by an authorised personnel in MMSSB as to the monies for the time
being due and owing to MMSSB from the Customer shall be conclusive evidence or proof that the amount appearing
therein is due and owing and payable by the Customer to MMSSB in any legal proceedings. Any admission or
acknowledgement in writing by the Customer or any person authorised by the Customer of the amount of
indebtedness of the Customer to MMSSB and any judgement recovered by MMSSB against the Customer in respect
of such indebtedness shall be binding and conclusive evidence in any courts within or outside Malaysia. For the
avoidance of doubt, in the event of a conflict or inconsistency between the official bill statement and the certificate
of indebtedness, the certificate of indebtedness shall prevail.
5.
MOBILE NUMBER PORTABILITY/MNP (NOT CURRENTLY AVAILABLE)
5.1
The Customer acknowledges and accepts that: (a) the Mobile Numbers requested for Porting by the Customer must be in the range of Mobile Numbers as
approved by SKMM from time to time;
(b) Mobile Number Porting is subject to existing geographic numbering requirements;
(c) only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended,
terminated, blacklisted on the defaulters database and/or barred shall not be eligible for Porting; and
(d) MMSSB may, upon receipt of a Port request from the Customer, notify the Customer by way of SMS the
progress of the Customer’s Port request
5.2
The Customer is allowed to Port from prepaid Services to postpaid Services and vice versa. However, the Customer
agrees and accepts that all Porting requests are subject to the respective MMSSB terms and conditions for new
registration.
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5.3
The Customer acknowledges and accepts that all Customer’s Services associated with the Mobile Number provided
by the DNO, including but not limited to, value added services, rate plans, charges and fees will be terminated when
the SIM card of the DNO is deactivated upon the Customer’s successful Porting to the RNO and activation of
MMSSB’s SIM Card. MMSSB shall not be held liable or responsible to any Customer or any third party claiming
through a Customer for any loss or damage whether direct, indirect, special or consequential, or for loss of business,
revenue or profits or of any nature suffered by any Customer, or any person authorized by any Customer, or any
injury caused to or suffered by a person or damage to property arising from or occasioned by termination of the DNO
SIM Card and the Customer’s services associated with the Mobile Number provided by the DNO.
5.4
The Customer is responsible for identifying the supplementary Mobile Numbers (e.g. voice, fax and data) that the
Customer wishes to Port along with their primary Mobile Numbers and to provide all information necessary to satisfy
MMSSB to proceed with the Porting request.
5.5
The Customer expressly consents, acknowledges and agrees that the Customer’s request to MMSSB to Port the
Customer’s Mobile Number represents a notice to terminate the Customer’s subscription with the DNO.
MMSSB shall not be held responsible or liable for any unsuccessful termination of the Customer’s subscription with
the DNO and resulting failure to Port with MMSSB.
5.6
In the event of a Port to MMSSB, or Port withdrawal or Port reversal to the DNO, MMSSB: (a) is not responsible for any period of outage of the Customer’s mobile service or any related ancillary
services;
(b) is not liable to the Customer or any person claiming through the Customer for any damage, loss, costs or
expenses or other liability in contract or tort or otherwise direct or indirect, for or in relation to the Port,
or Port withdrawal or Port reversal, for any reason whatsoever;
(c) will not refund the Porting fee.
5.7
The Customer shall be responsible to fully settle all outstanding bills from the DNO. In the event of non-payment by
the Customer of all outstanding bills from the DNO, the services with MMSSB may be disrupted.
5.8
Acceptance of these Services/this Agreement’s terms and conditions will only be effective upon activation of the
Ported number by MMSSB.
5.9
In addition to clause 8 of this Agreement and for purposes of the Porting activity, the Customer expressly authorizes
MMSSB to provide information regarding the Customer’s Mobile Number to be disclosed to other
telecommunication service providers to enable the transfer of the Customer’s Mobile Number from one
telecommunication service provider to another.
5.10
The Customer acknowledges and accepts that any fees paid for Porting are non-refundable.
SUSPENSION AND TERMINATION
6.1
The Customer may at any time terminate the Agreement by giving MMSSB prior notice in writing. The Service shall
be deemed terminated within four (4) Working Days from receipt of the termination notice by MMSSB.
6.2
MMSSB shall be entitled at its absolute discretion to immediately suspend/terminate the Services or Agreement,
without liability, at any time, without any notice and may not be required to give any reason whatsoever, including
but not limited to the following reasons:
a)
b)
c)
d)
if any technical failure occurs in the Services or the Related Corporations’ network;
while the Services are being upgraded, modified or maintained;
if the Customer breaches any of the terms and conditions of the Agreement and/or any Addendum;
if the Customer does anything which may in MMSSB’s opinion, lead to, including but not limited to, the
damage or injury to the Services or MMSSB’s and/or the Related Corporations network, reputation;
28
e)
f)
if MMSSB is required to do so by law, statute, enactment, code or by any relevant authorities;
if it is in MMSSB’s opinion that the Services or the Related Corporations network is or may be used
fraudulently, illegally or for unlawful purposes.
MMSSB will endeavour to resume the Services as soon as possible if suspension or disconnection occurs for the
reasons set out in Clause 6.2(a) and (b) above. The Customer shall be liable for all applicable charges during the
period of interruption, suspension or loss of the Services or part thereof from any cause whatsoever.
6.3
6.4
Upon termination of the Agreement by either party, the Customer shall be liable to MMSSB for:a) the monthly subscription, access or other monthly fee for Services for the entire month in which the
termination was effective,
b) any call or other usage charges incurred by the Customer up to and including the effective date of
termination; and
c) any other outstanding amounts.
Upon the termination of the Agreement, all monies owing to MMSSB by the Customer in accordance with the
Customer’s account shall become immediately due and payable and the Customer shall upon the demand of MMSSB
settle his account promptly.
6.5
Upon suspension, MMSSB may at its absolute discretion reconnect the Services, subject to the Customer paying a
reconnection fee, all outstanding amounts due to MMSSB and a refundable deposit as may be required by MMSSB
for the reconnection of the Services.
7.
MMSSB’S RIGHT
7.1
MMSSB and/or its Related Corporations reserves the right to make any alteration or changes to the Services, or any
part thereof, or suspend the Services or any part thereof without prior notice and MMSSB and/or its Related
Corporations shall not be liable for any loss or inconvenience to the Customer resulting therefrom.
7.2
MMSSB reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend the terms
and conditions of the Agreement or any part thereof. The Customer will be given written notice of such
amendments. The Customer’s continued use of the Services after the effective date of any variation, addition or
amendments to the terms and conditions of the Agreement shall constitute unconditional acceptance of such
variations, additions or amendments by the Customer. If the Customer does not accept such variation, addition or
amendments, the Customer shall be entitled to terminate the Agreement by giving prior written notice to MMSSB.
7.3
MMSSB reserves the right at any time to require the Customer to pay any outstanding amount within seven (7) days
from such notice to the Customer.
7.4
Use of the Services is subject to the Customer’s credit limit. Upon the Customer’s request and/or when MMSSB
deems fit in its absolute discretion, the credit limit may be restricted, limited, reduced or increased subject to further
terms and conditions as MMSSB deems fit to impose. MMSSB may in its absolute discretion bar or suspend the
Services or part thereof if the credit limit is exceeded but MMSSB is not obliged to ensure and makes no
representation whatsoever that automatic suspension or barring of the Services or part thereof will occur upon the
call and other usage charges reaching the Customer’s credit limit. It is the Customer’s responsibility to ensure that its
calls and other usage charges do not exceed the credit limit. For the avoidance of doubt, the Customer shall be
obliged to promptly pay all call and other usage charges notwithstanding that the credit limit has been exceeded.
8.
PERSONAL DATA
8.1
The Customer acknowledges that MMSSB and/or its Related Corporations collect, use, disclose and otherwise
process Personal Data as set out in the Maxis Privacy Statement. Please visit the following link to the Maxis Privacy
Statement, which is also available at all Maxis Service Centres.
MMSSB may update the Maxis Privacy
Statement from time to time. When it changes the Maxis Privacy Statement in a material way, it will post notice of
this at http://store.maxis.com.my and www.maxis.com.my and will also attempt to notify the Customer directly
29
using either email, SMS or post.
8.2
In accordance with Maxis’ Privacy Statement, the Customer hereby expressly consents that MMSSB may use his
Personal Information for any purpose which is necessary or related to MMSSB’s provision of the Services to the
Customer. In this respect, the Customer also expressly consents that MMSSB may disclose his Personal Information
to MMSSB’s agents, contractors, business partners, associates or such other parties as are necessary to facilitate the
provision of the Services by MMSSB to the Customer.
8.3
In addition and without derogation to Clause 8.2 above, the Customer further expressly consents that MMSSB may
use and/or disclose his Personal Information as follows:a)
to MMSSB’s shareholders, Related Corporations and affiliated companies for purposes of providing any
goods or services to the Customer;
b) to MMSSB’s agents, contractors, business partners or associates for purposes of marketing programs or
providing any goods or services to its Customers;
c) to MMSSB’s agents or contractors for the purposes of recovering any amount due to MMSSB;
d) to payment channels including without limitation, financial institutions for purposes of maintaining financial
records, assessing or verifying credit and facilitating payments of any amount due to MMSSB pursuant to
the Agreement;
e) to regulatory, governmental bodies or other authorities in compliance with requirements under law or
towards the detection or prevention of crime, illegal/unlawful activities and/or fraud;
f) to any party involved in or related to a legal proceeding, for purposes of the legal proceedings;
g) to other service providers or to parties nominated or appointed by MMSSB either solely or jointly with other
service providers, for purposes of establishing and maintaining a common database of customers;
h) for any purpose which is necessary or related to MMSSB’s provision of the Services to you and/or
i) to MMSSB’s professional advisors on a need to know basis.
8.4
Save in accordance with Clauses 8.2 and 8.3 above and except as permitted or required under any enactment, law,
statute or code, MMSSB will not use or disclose the Customer’s Personal Information.
8.5
The Customer hereby acknowledges his awareness that failure to provide complete and correct information to
MMSSB as required in the Agreement including the Registration Form or any Addendum, may result in his
application for Services being rejected, the Services or Agreement being terminated and/or correspondence from
MMSSB including without limitation, bill statements failing to reach the Customer.
9.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MMSSB AND/OR ITS RELATED
CORPORATIONS SHALL NOT BE LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES
OF ANY KIND IN RELATION TO THE SERVICES INCLUDING BUT NOT LIMITED TO: a) AVAILABILITY, ACCESSIBILITY, TIMELINESS AND UNINTERRUPTED USE OF THE SERVICES;
b) SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION
TRANSMITTED USING THE SERVICES;
c) SEQUENCE. ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION
PROVIDED TO CUSTOMER AS PART OF THE SERVICES E.G. VIA MAXIS INTERACTIVE SERVICES (MIS) OR
MOBILE INTERNET SERVICES.
10.
MMSSB’S AND/OR ITS RELATED CORPORATIONS’ LIABILITY
10.1
MMSSB AND/OR ITS RELATED CORPORATIONS SHALL NOT BE LIABLE TO ANY CUSTOMER, OR ANY THIRD PARTY
AUTHORIZED BY OR CLAIMING THROUGH A CUSTOMER FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL, OR FOR LOSS OF BUSINESS, REVENUE OR PROFITS OR OF ANY NATURE SUFFERED BY
30
ANY CUSTOMER, OR ANY PERSON AUTHORIZED BY ANY CUSTOMER, OR ANY INJURY CAUSED TO OR SUFFERED BY A
PERSON OR DAMAGE TO PROPERTY ARISING FROM OR OCCASIONED BY:a)
THE USE OR INABILITY TO USE BY THE CUSTOMER OR ANY PERSONS AUTHORIZED BY THE CUSTOMER, OF
THE SERVICES OR ANY PART THEREOF AND THE MOBILE PHONE OR SIM CARD;
b) ANY MALFUNCTION, UNAUTHORISED USE, CLONING OF OR DEFECT IN THE MOBILE PHONE/ SIM CARD OR
THE LOSS OF THE MOBILE PHONE, SIM CARD OR SERVICES OR ANY PART THEREOF FOR WHATEVER
REASONS.
c) ANY ACT, OMISSION, ERROR, DEFAULT OR DELAY BY MMSSB AND/OR ITS RELATED CORPORATIONS, ITS
OFFICERS, EMPLOYEES AND AGENTS IN RELATION TO THE SERVICE.
10.2
WITHOUT LIMITING THE GENERALITY OF CLAUSE 10.1, MMSSB AND/OR ITS RELATED CORPORATIONS SHALL NOT BE
LIABLE FOR:a)
ANY CLAIM FOR LIBEL, SLANDER, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS ARISING FROM
THE TRANSMISSION AND RECEIPT OF MATERIAL IN CONNECTION WITH THE SERVICES AND ANY CLAIMS
ARISING OUT OF ANY ACT OR OMISSION OF THE CUSTOMER IN RELATION TO THE SERVICES OR ANY PART
THEREOF.
b) ANY LOSS OR DAMAGE CAUSED TO THE CUSTOMER AS A RESULT OF THE
SUSPENSION/BARRING/TERMINATION OF THE AGREEMENT AND THE INTERRUPTION/LOSS OF THE
SERVICES OR ANY PART THEREOF FROM ANY CAUSE.
c) ANY LOSS, DISTORTION OR CORRUPTION OF DATA ARISING FROM THE USE OF THE SERVICE TO TRANSMIT
DATA OR FOR DATA COMMUNICATION PURPOSES AT ANY STAGE OF THE TRANSMISSION INCLUDING ANY
UNLAWFUL OR UNAUTHORISED ACCESS TO THE CUSTOMER’S TRANSMISSION OR DATA.
d) INTERRUPTION OR UNAVAILABILITY OF THE SERVICE AS A RESULT OF INCLUDING BUT NOT LIMITED TO
ADVERSE WEATHER CONDITIONS, ELECTROMAGNETIC INTERFERENCE, EQUIPMENT FAILURE OR
CONGESTION IN MMSSB AND/OR THE RELATED CORPORATIONS’ NETWORK OR TELECOMMUNICATION
SYSTEMS.
10.3
MMSSB and/or its Related Corporations shall not be liable for, and the Customer agrees to indemnify MMSSB and/or
its Related Corporations against all claims, losses, liabilities proceedings, demands, costs and expenses (including
legal fees) which may result or which MMSSB and/or its Related Corporations may sustain in connection with or
arising from the provision of the Services to the Customer.
10.4
Without prejudice to the foregoing, in the event a court or an arbitrator holds or finds MMSSB and/or its Related
Corporations liable to the Customer for any breach or default by MMSSB and/or its Related Corporations, the
Customer agrees that the amount of damages payable by MMSSB and/or its Related Corporations to the Customer
shall not at any time exceed the sum of RM500.00 notwithstanding any order, decree or judgment to the contrary.
11.
SIM CARD
11.1
The SIM Card shall remain the property of MMSSB at all times and the property of the SIM Card does not at any time
pass to the Customer. MMSSB grants the Customer the right to use the SIM Card for the purposes of the Service. The
SIM Card must be returned to MMSSB on demand. Risk passes to the Customer immediately upon the execution of
this Agreement.
11.2
The Services and/or features to be provided under the SIM Card will depend on the type of Mobile Equipment used.
11.3
A Customer must not change or transfer the SIM Card to any other person unless prior written notice has been
served to and written approval has been obtained from MMSSB.
11.4
A Customer must register with and obtain a prior written approval from MMSSB if he intends to obtain a second or
further SIM Card. He must pay all fees and charges required for the new subscription. The Agreement shall similarly
apply with respect to the additional SIM Card.
31
11.5
A Customer shall bear full responsibility for the usage of the SIM Card and charges incurred through the usage of the
SIM Card including the use by any other person whether authorized by him or not.
11.6
A Customer shall use all precautions to prevent the loss, theft, cloning and/or unauthorised use of the SIM Card. In
the event of loss, theft, cloning and/or unauthorised use of the SIM Card, the Customer shall immediately notify
MMSSB. Replacement of a SIM Card is subject to such payments as may be prescribed by MMSSB.
11.7
MMSSB shall only replace a defective SIM Card at no cost if the defect is proven to MMSSB’s satisfaction to be
caused by the manufacturer within 12 months from the date of issuance of the SIM Card.
12.
FORCE MAJEURE
12.1
Without limiting the generality of any provision in the Agreement, MMSSB and/or its Related Corporations shall not
be liable for any failure to perform its obligations herein caused by an Act of God, insurrection or civil disorder,
military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority,
labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of
persons or bodies for whom MMSSB and/or its Related Corporations has no control over or any cause outside
MMSSB’s and/or its Related Corporations’ reasonable control.
12.2
Notwithstanding the event of force majeure, the Customer shall remain obliged to pay all fees and charges which are
outstanding and/or due and payable to MMSSB in accordance with the Agreement.
13.
SEVERABILITY AND EFFECT OF TERMS AND CONDITIONS
13.1
If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the
legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid,
illegal or unenforceable provision shall be deemed deleted.
13.2
The terms and conditions contained in the Agreement shall have effect only to the extent not forbidden by law. For
the avoidance of doubt, it is hereby agreed and declared in particular, but without limitation, that nothing herein
shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where
the said Act is applicable.
14.
GOVERNING LAW
14.1
The Agreement shall be governed by and construed in accordance with the laws of Malaysia, excluding its conflict of
law rules. Parties agree to submit to the exclusive jurisdiction of the Malaysian courts.
14.2
Where any claims, proceedings, actions, suits or disputes arising or in connection with this Agreement is to be
commenced or adjudicated in the High Court of Malaya, the parties agree that it shall be adjudicated in the High
Court in Kuala Lumpur or Putrajaya, Malaysia, as the case may be.
15.
NOTICES
15.1
All official bill statements, notices, requests, notice of demands, writ of summons, all other legal process and/or
other communications/documents to be given by MMSSB to a Customer under the Agreement will be in writing and
sent to his last known address and/or published in national newspapers in the main languages, published daily and
circulating generally throughout Malaysia, as the case maybe.
15.2
All notices, requests, notice of demands, writ of summons, all other legal process and/or other
communications/documents to be given by the Customer to MMSSB under the Agreement must be in writing and
sent to the following address: Maxis Mobile Services Sdn Bhd (formerly known as Malaysian Mobile Services Sdn
Bhd), Level 18, Menara Maxis, Kuala Lumpur City Centre 50088 Kuala Lumpur. Fax 03-2330 0008.
15.3
All official bill statements, notices, requests, notice of demands, writ of summons, all other legal process and/or
other communications/documents given by MMSSB to the Customer pursuant to this clause shall be deemed to have
32
been served if:a)
sent by registered post, on the second Working Day after the date of posting irrespective of whether it is
returned undelivered;
b) sent by ordinary post, on the fifth Working Day after the date of posting irrespective of whether it is
returned undelivered;
c) hand delivered, upon delivery;
d) sent by facsimile, upon successful completion of transmission as evidence by a transmission report and
provided that notice shall in addition thereon be sent by post to the other party; or
e) published in national newspapers in the main languages, published daily and circulating generally
throughout Malaysia in respect of any change in the Services, terms of the Agreement, charges and/or
tariffs.
16.
ASSIGNMENT
16.1
The Customer shall not be permitted to assign or novate any or part of their rights or obligations under the
Agreement to any party, without the prior written consent of MMSSB.
16.2
MMSSB may assign or novate all or part of the Agreement to any third party by notice to the Customer without the
Customer’s prior consent and the Customer agrees to make all subsequent payments as instructed in such or further
notice.
17.
INDULGENCE
No delay or indulgence by MMSSB in enforcing any term or condition of the Agreement nor the granting of time by
MMSSB to a Customer shall prejudice the rights or powers of MMSSB nor shall any waiver by MMSSB of any breach
constitute a continuing waiver in respect of any subsequent or continuing breach.
18.
CUSTOMER’S OBLIGATIONS IN RELATION TO CONTENT
18.1
The Customer shall not disseminate or provide to any third party:a)
Bursa Malaysia Securities Berhad (“Bursa Malaysia”) stock information or any part thereof (whether in its
original or adapted form) received as part of Mobile Interactive Services (MIS); or
b) any other information or content (whether in its original or adapted form) received as part of other Services
as MMSSB shall inform the Customer from time to time.
18.2
The Customer shall not use any information or content or any parts thereof (whether in its original or adapted form)
received as part of the Services (including without limitation, as part of Mobile Interactive Services (MIS)), for
purposes of creation of any commercial products, whether tradable or otherwise including but not limited to, any
derivative products whether for the Customer’s own purposes or for the purposes of any third party.
19.
MISCELLANEOUS
19.1
No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
19.2
In the event of a conflict or inconsistency between the Registration Form, these terms and conditions and the
Addendums, such inconsistency shall be resolved by giving precedence in the following order: Addendums, these
terms and conditions and the Registration Form.
19.3
The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and
supersedes all previous agreements, understanding, proposals, representations and warranties relating to that
subject matter.
19.4
Those clauses which by their nature would survive the termination of the Agreement shall so survive, including
without limitation Clauses 3.1, 3.2, 3.3, 3.11, 4.3, 4.5, 4.6, 4.8, 4.9, 6.3, 6.4, 9, 10, 14, 15 and 18.
33
19.5
Time wherever referred to in this Agreement shall be of the essence.
19.6
The Agreement shall be binding on and shall inure for the benefit of each party’s permitted assigns, successors in
title, personal representatives, executors and administrators.
19.7
The Customer shall bear all stamp duty, service tax charges, and any other cost or charge imposed by law in
connection with the preparation of the Agreement and/or the provision of the Services.
19.8
Further to Clause 19.7 above, in the event service tax and goods and services tax (“GST”) is applicable to services or
equipment provided by MMSSB under this Agreement, MMSSB is entitled to charge the service tax or GST payable to
the government on the Service and/or any MMSSB services or equipment supplied to the Customer and these taxes
shall be added to the bills issued to the Customer.
In the event GST is applicable, MMSSB shall:
a) provide to the Customer information that may be reasonably required to establish the liability for GST; and
b) provide a tax invoice as may be required by the Customer to enable the Customer to claim an input tax
credit under the law applicable to GST.
19.9
If any fees, charges, damages or any other monies due under this Agreement by the Customer to Maxis is to be
recovered through any process of law or if the said monies or any part thereof shall be placed in the hands of
solicitors for collection, the Customer shall pay (in addition to the said monies) Maxis’ solicitors fees and any other
fees or expenses incurred in respect of such collection as may be determined by the court of law.
19.8
The Customer shall immediately inform MMSSB in writing of any change of address and/or employment or business.
19.9
Words importing the singular number include the plural number and vice versa.
19.10
Words importing the masculine gender include feminine.
19.11
An expression importing a natural person includes any company, partnership, joint venture, association, corporation
or other body and any governmental agency.
19.12
All provisions contained herein shall be equally applicable to any and all supplementary lines subscribed by the
Customer.
19.13
Notwithstanding anything to the contrary, the Customer hereby agrees to be bound by the terms of service, policies
and procedures and/or any variations, additions or amendments made thereto, as may be determined by MMSSB at
any time in respect of each and every individual rate plan subscribed by the Customer as provided overleaf.
20.
DIRECT DEBIT, PAY-BY-PHONE AND m-BILLING
20.1
In addition to the foregoing terms and conditions, the provisions set out in this Clause 20 shall at any time during the
term of the Agreement apply to Customers whose application for Direct Debit and/or Pay-By-Phone and/or m-Billing
has been accepted by MMSSB.
20.2
The Customer declares and undertakes that:a) the information supplied overleaf by the Customer is true and correct;
b) the Card nominated overleaf for Direct Debit, Pay-By-Phone and/or m-Billing is in the name of the
Customer. Where the Card so nominated is in the name of a third party, the Customer declares and
undertakes that the Cardholder has authorized the Customer to use the Card for purposes of Direct Debit,
Pay-By-Phone and/or m-Billing hereunder;
c) the Customer is the lawful and authorised holder of the Card or where the Card belongs to a third party,
that the Cardholder is the lawful and authorized holder of the Card;
d) the Card is valid and has not expired and shall remain valid and unexpired throughout the duration of the
34
Customer’s use of Direct Debit, Pay-By-Phone and/or m-Billing;
the Card has not been suspended nor terminated;
to promptly pay all amounts due to MMSSB as reflected in the official bill statement and for all charges
whatsoever occasioned by the use of the Services irrespective of whether such charges were authorized by
the Customer, had exceeded by the Customer’s credit limit or had arisen from any other causes whatsoever;
g) the Customer’s primary obligation under the Agreement to settle his/her MMSSB Service bills and to settle
the same in a timely manner shall continue and shall not be waived, extended nor suspended in any manner
whatsoever by the mere approval or agreement of MMSSB to provide the Services to the Customer; and
h) save and except where the fault or delay is clearly attributable to circumstances within MMSSB's reasonable
control, all overdue payments shall be subject to interest for late payment and/or such other consequences
as provided under the Agreement.
e)
f)
20.3
The Customer shall allow an interval of at least fourteen (14) days from receipt by MMSSB of the completed
registration form for the processing of the application and activation of Direct Debit, Pay-By-Phone and/or m-Billing.
20.4
MMSSB reserves the right at its absolute discretion to approve or reject the Customer’s application for Direct Debit,
Pay-By-Phone and/or m-Billing without assigning any reason whatsoever. The Customer will be notified in the event
that his/her application has been rejected.
20.5
The Customer hereby expressly authorises MMSSB to:a) verify that information supplied overleaf with the Card Issuer or any third party as may be necessary;
b) forward the Customer’s call transactions, billings and other details to the Bank, the Card Issuer and other
relevant parties for and in connection with the Direct Debit, Pay-By-Phone and/or m-Billing;
c) share its database on the Customer with MMSSB’s Related Corporations, corporate shareholders, third
parties and/or relevant authorities for the provision of integrated or related services, marketing
programmes, and/or towards the detection and prevention of crime.
20.6
MMSSB shall not be liable to the Customer:a) if the Card is not honoured by the Bank or the Card Issuer;
b) if provision of or authorisation to the Cardholder for Direct Debit, Pay-By-Phone and/or m-Billing is
denied/refused or suspended at any time by any party for any reason whatsoever; or
c) if MMSSB is unable to or delays in providing Direct Debit, Pay-By-Phone and/or m-Billing as a result of a
power failure, failure of any computer or telecommunication system used in connection with Direct Debit,
Pay-By-Phone and/or m-Billing, or any other circumstances beyond MMSSB’s reasonable control.
20.7
The Customer hereby acknowledges that he/she understands that Direct Debit, Pay-By-Phone and/or m-Billing is
only applicable for settlement of periodic MMSSB bills. All and any other payments outside of the periodic bill cycle
shall be promptly settled in the ordinary manner by the Customer.
20.8
Notwithstanding that a transaction may have been duly completed via Direct Debit, Pay-By-Phone and/or m-Billing,
the Customer’s particular MMSSB bill has been credited as paid, MMSSB reserves the right and shall be entitled
without prior notice to the Customer to reverse any payment entry in the Customer’s statement of account or
charge back the transaction sum to the Customer’s account with MMSSB in the event of any one or more of the
following circumstances:a) the transaction is cancelled by the Bank or the Card Issuer for any reason whatsoever;
b) the transaction is found to be incomplete, illegal or carried out by fraudulent means;
c) the transaction is found to be one with a “Declined Authorisation” or a non-corresponding authorisation
code;
d) the transaction sum or part thereof was found to have exceeded the Cardholder’s authorised credit limit;
e) the Card concerned is found to have expired, terminated or is invalid for any reason whatsoever;
f) the transaction was entered into without the authorisation of the Cardholder or the Cardholder disputes the
transaction or denies liability for whatever reason;
35
g)
the transaction was carried out or credit was given to the Customer in circumstances constituting a breach
of any express or implied term, condition, representation or duty of the Customer;
h) the performance of the Direct Debit, Pay-By-Phone and/or m-Billing transaction or the use of the Card
involves a violation of the law, rules or regulations of any governmental body, notwithstanding that MMSSB
may have received notice of the same at the time when the transaction was carried out; or
i) at the absolute discretion of MMSSB, the Bank or the Card Issuer, without assigning any reason whatsoever.
20.9
Notwithstanding Clause 20.1, the Services shall be automatically terminated with immediate effect and without
notice to the Customer in the event that the Card is cancelled by the Bank or the Card Issuer.
20.10
Notwithstanding anything to the contrary, m-Billing is only applicable or available to Customers subscribing to the
Services unless otherwise notified in writing by MMSSB.
36
TM
2. MaxisONE
1.
2.
3.
Plan
TM
TM
TM
The Plans: Comprises of MaxisONE plan, MaxisONE plan lite & MaxisONE plan start Postpaid plans mentioned in
this terms and conditions.
Participant: Person(s) signing up for these plans mentioned in this terms and conditions.
The Plan(s) structure is as follows:
TM
MaxisONE
plan start
Monthly Commitment Fee
RM 58
Monthly Data, Voice and SMS Bundle
Mobile Internet Package Allocation
100 MB
Additional Mobile Internet Options
(One-time pass)
Data Booster Passes via UMB menu
(*100#) or USSD (*136*9#) or WAP portal
as per specified in section 7 (c)
Additional Mobile Internet Options
(Auto-renew pass)
None
Minutes Allocation (ON-net)
Limitless
SMS Allocation (ON-net)
Limitless
Pay-per-Use Tariff for Off-net (Calls & SMS)
Voice calls (OFF-net)
15 sen
SMS (OFF-net)
10 sen
Other Charges
Video Calls (ON-net)
15 sen
Video Calls (OFF-net)
40 sen
MMS (ON-net)
25 sen
MMS (OFF-net)
50 sen
TM
MaxisONE
plan lite
Monthly Commitment Fee
RM 78
Monthly Data, Voice and SMS Bundle
Mobile Internet Package Allocation
1 GB
Additional Mobile Internet Options
(One-time pass)
Data Booster Passes via UMB menu
(*100#) or USSD (*136*9#) or WAP portal
as per specified in section 7 (c)
Additional Mobile Internet Options
(Auto-renew pass)
None
Minutes Allocation (ON-net)
Limitless
SMS Allocation (ON-net)
Limitless
Pay-per-Use Tariff for Off-net (Calls & SMS)
Voice calls (OFF-net)
15 sen
SMS (OFF-net)
10 sen
Other Charges
37
Video Calls (ON-net)
15 sen
Video Calls (OFF-net)
40 sen
MMS (ON-net)
25 sen
MMS (OFF-net)
50 sen
TM
MaxisONE
plan
Monthly Commitment Fee
RM 128
Monthly Data, Voice and SMS Bundle
Mobile Internet Package Allocation
2 GB
Additional Mobile Internet Options
(One-time pass)
Data Booster Passes via UMB menu
(*100#) or USSD (*136*9#) or WAP portal
as specified in section 7 (c)
Additional Mobile Internet Options
(Auto-renew pass)
As specified in section 7 (d)
Minutes Allocation (ON-net & OFF-net)
Limitless
SMS Allocation (ON-net & OFF-net)
Limitless
Other Charges
4.
Video Calls (ON-Net)
15 sen
Video Calls (OFF-Net)
40 sen
MMS (ON-Net)
25 sen
MMS (OFF-Net)
50 sen
TM
The structure for MaxisONE plan (“Plan(s)”) shall be as above and as set out and published on MMSSB’s official
website at www.maxis.com.my.
5. The Plan(s) structure is subject to change, and the prevailing terms and conditions with respect to the Plan(s) as
updated on the official website, shall apply and supersede any and all previous versions, including but not limited to, in
any user guide or leaflets versions. The Customer/Participant is responsible for regularly reviewing information relating
to the Plan(s) and Services posted on MMSSB's official website which may include changes to the Agreement,
Addendum(s), Services and/or Plan(s). The Customer's/Participant's continued use of the Services and/or Plan(s) after
the effective date of any change to the terms and conditions of Services and/or Plan(s) shall constitute unconditional
acceptance of such variations, additions or amendments by the Customer/Participant and the Customer/Participant
shall be bound by the same. In the event the Customer/Participant does not accept such changes, the
Customer/Participant shall be entitled to terminate the Plan(s) and/or the use of the Services.
6. In respect of the voice & SMS allocated with the Plan(s), the Customer/Participant acknowledges and accepts that:
a. The Plan(s) Limitless minutes and SMS’ applies to:
TM
TM
i. Domestic mobile ON-net usage for MaxisONE plan lite & MaxisONE plan start (excluding OFF-net
calls/SMS, calls to fixed lines, video calls, calls to special numbers, calls to 1-300/600 numbers & calls to
121 number)
TM
ii. Domestic mobile/fixed ON-net & OFF-net usage for MaxisONE plan (Excluding video calls, calls to special
numbers, calls to 1-300/600 numbers & calls to 121 number)
b. The Plan(s) Limitless minutes and SMS' are for standard person-to-person calls or texts. It is meant for you to talk
or to use your fingers to text to another person. It is NOT meant for multiple simultaneous calling, conference
calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication,
continuously call forwarding, auto-dialling, machine-to-machine communication (including by using your SIM card
in any other devices), Cellular Trunking Units (CTUs), or any other activity that MMSSB considers to be nonstandard usage.
c. MMSSB at its sole and absolute discretion reserves the right at any time without being liable to the
Customer/Participant's or any third party to interrupt, bar, suspend, restrict, the Service for such period of time
as we deem fit or terminate, discontinue or disconnect the Service if the Participant's usage shows:
38
7.
i. Excessive usage or placing unusual burdens on the network;
ii. Unusual usage [as per Clause 2 of the Maxis Fair Usage Policy (please refer to Maxis' Fair usage Policy at
www.maxis.com.my/FUP)] which is NOT the normal making/receiving calls from/to your mobile devices or
NOT sending SMS' using your fingers from your mobile devices which allows performing huge humanly
impossible amount of calls or sending of bulk SMS'
iii. Unlawful activities or suspicion of fraud [as per Clause 3 of the Maxis Fair Usage (please refer to Maxis' Fair
usage Policy at www.maxis.com.my/FUP
iv. Usage for commercial/non-personal purposes.
With regard to the data allocated with the Plan(s), the Customer/Participant acknowledges and accepts that:
a. Where there is any usage exceeding the packaged Mobile Internet allocations, the Participant will experience
data browsing at reduced speed with no EXCESS charges as stipulated by MMSSB as and when deemed
necessary;
b. The packaged Mobile Internet allocated within the Plan(s) is exclusively for domestic usage only;
c. The Customer/Participant may purchase one-time/non-recurring Data Booster passes before the
Customer’s/Participant's packaged Internet package allocation is exceeded, whereby such upgrade is available
through the Customer’s/Participant's self-serve channels such as UMB, USSD or WAP menu accessible through
the Customer’s/Participant's Mobile Phone or other available devices or channels as may be informed by MMSSB
as and when available or deemed necessary. Data Booster passes are as follows:
TM
Exclusive MaxisONE
plan Data Boosters
One-Time (Non-Renewal)
d.
RM10
200MB
RM20
500MB
RM30
1GB
Nevertheless, in the event the Internet package allocation tied to the Plan(s) is exceeded and the
Customer/Participant has not made an Internet upgrade pass purchase, the Customer/Participant will experience
data browsing at reduced speed with no EXCESS charges as stipulated by MMSSB as and when deemed
necessary. While roaming overseas, the prevailing data roaming charges will apply;
Alternatively, for convenience, Customers/Participants may upgrade the default 2GB data allocation of MaxisONE plan
to a maximum total data allocation of 8GB (with monthly auto-renewal). These data add-ons, however, are NOT
applicable to MaxisONE plan start & MaxisONE plan lite. Such upgrades via data add-ons can be made at any Maxis
Service Centres or Maxis Exclusive Partners (MEP) or via Contact Centres (123);
TM
MaxisONE
plan Data Upgrade
Monthly Recurring
RM30
1GB
RM58
3GB
RM116
6GB
e. The monthly commitment fee will be pro-rated and therefore based on the Customer's/Participant’s bill cycle
date, whereby a Customer/Participant will not be charged the full commitment fee for the first month. From the
second month onwards the Customer/Participant will be charged the full commitment fee. However, the
allocated Internet package will be given full from the first month.
8. MMSSB reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions,
Plan(s) and the offers stated in these terms and conditions without prior notice.
9. These terms and conditions shall be read in addition to the terms and conditions of the MMSSB postpaid registration
form ("Principal Terms & Conditions") agreed to and/or signed by the Customer/Participant. These terms and conditions
shall be supplemental to the Principal Terms & Conditions.
10. MMSSB shall not be liable to the Customer/Participant and/or any party for any loss or damage of whatsoever nature
suffered in relation to acceptance or non-acceptance of the Plan(s), offers and/or the Services associated thereto.
39
3. MaxisONE Share Plan
1.
2.
3.
MaxisONE Share is only eligible for MaxisONE plan subscribers who have added a minimum of 1GB Mobile Internet Addon (recurring) to the rate plan. It is not eligible for MaxisONE plan lite subscribers.
A maximum of two (2) MaxisONE Share Plan(s) lines can be added to the MaxisONE plan principal line within the same
account.
The MaxisONE Share Plan(s) structure is as follows:
MaxisONE Share
Monthly Commitment Fee
RM 48
Monthly Data, Voice and SMS Bundle
Mobile Internet Package Allocation
Shared with Principal Account
Additional Mobile Internet Options
One-day passes via UMB
Minutes Allocation (ON-net & OFF-net)
Unlimited
SMS Allocation (ON-net & OFF-net)
Unlimited
Other Charges
4.
5.
6.
Video Calls (ON-Net)
15 sen
Video Calls (OFF-Net)
40 sen
MMS (ON-Net)
25 sen
MMS (OFF-Net)
50 sen
The structure for MaxisONE Share Plan shall be as above and as set out and published on MMSSB's official website at
www.maxis.com.my.
The MaxisONE Share Plan(s) structure is subject to change, and the prevailing terms and conditions with respect to the
Plan(s) as updated on the official website, shall apply and supersede any and all previous versions, including but not
limited to, in any user guide or leaflets versions. The Customer/Participant is responsible for regularly reviewing
information relating to the Maxis ONE Share Plan(s) and Services posted on MMSSB's official website which may include
changes to the Agreement, Addendum(s), Services and/or Maxis ONE Share Plan(s). The Customer's/Participant's
continued use of the Services and/or Maxis ONE Share Plan(s) after the effective date of any change to the terms and
conditions of Services and/or Maxis ONE Share Plan(s) shall constitute unconditional acceptance of such variations,
additions or amendments by the Customer/Participant and the Customer/Participant shall be bound by the same. In the
event the Customer/Participant does not accept such changes, the Customer/Participant shall be entitled to terminate
the Maxis ONE Share Plan(s) and/or the use of the Services.
In respect of the voice & SMS allocated with the Maxis ONE Share Plan(s), the Customer/Participant acknowledges and
accepts that:
a. The Maxis ONE Share Plan(s) unlimited minutes and SMSes applies to domestic mobile/fixed ON-net & OFF-net
usage for MaxisONE Share Plan (excluding, video calls, calls to special numbers, calls to 1-300/1-800 numbers &
calls to 121 number).
b. The Maxis ONE Share Plan(s) unlimited minutes and SMSes are for standard person-to-person calls or texts; it is
meant for you to talk or to use your fingers to text to another person. It is NOT meant for multiple
simultaneous calling, conference calling, re-supply, call centre usage, telemarketing, bulk messaging,
application-to-person communication, continuously call forwarding, auto-dialing, machine-to-machine
communication (including by using your SIM card in any other devices), Cellular Trunking Units (CTUs), or any
other activity that MMSSB considers to be non-standard usage.
c. MMSSB at its sole and absolute discretion reserves the right at any time without being liable to the
Customer/Participant's or any third party to interrupt, bar, suspend, restrict, the Service for such period of time
as we deem fit or terminate, discontinue or disconnect the Service if the Participant's usage shows:
i. Excessive usage or placing unusual burdens on the network;
ii. Unusual usage [as per Clause 2 of the Maxis Fair Usage Policy (please refer to Maxis' Fair usage Policy
at www.maxis.com.my/FUP)] which is NOT the normal making/receiving calls from/to your mobile
devices or NOT sending SMS' using your fingers from your mobile devices which allows performing
huge humanly impossible amount of calls or sending of bulk SMS'.
40
7.
iii. Unlawful activities or suspicion of fraud [as per Clause 3 of the Maxis Fair Usage (please refer to Maxis'
Fair usage Policy at www.maxis.com.my/FUP)]
iv. Usage for commercial/non-personal purposes.
With regard to the data allocated with the Maxis ONE Share Plan(s), the Participant acknowledges and accepts that:
a. By default each Maxis ONE Share Plan can use the monthly data allowance included in the Principal plan data
share allocation, the data usages is by first come first use policy regardless the usage is from either principal or
supplementary. However, as the principal line user is able to set usage limit for each Maxis ONE Share Plan line.
b. When both the Maxis ONE Share Plan Principal & Maxis ONE Share Plan line users have depleted the allocated
share data, they will experience data browsing at a reduced speed with no EXCESS charges until after the end
of the billing period, unless the Principal user purchases data boosters or upgrades the monthly data add-on.
The Principal user has the right to place a monthly data limit on each Maxis ONE Share Plan line.
c. The packaged Mobile Internet allocated within the Maxis ONE Share Plan(s) is exclusively for domestic usage
only;
d. The Maxis ONE Share Plan Participant may purchase selective time-based passes after the sharing data
allocation is exceeded, whereby such upgrade is available through the Participant's UMB, Maxis Online
Application, My Maxis Application or WAP menu accessible through the Participant's Mobile Phone or other
available devices or channels as may be informed by MMSSB as and when available or deemed necessary.
Eligible One-Time passes are as follows:
Exclusive MaxisONE Share Plan
One-Time Pass (Non-Renewal)
e.
RM10
200MB
RM20
500MB
RM30
1GB
Nevertheless, in the event the Mobile Internet package allocation tied to the Maxis ONE Share Plan(s) is
exceeded and the Participant has not made an Internet upgrade pass purchase, the Participant will experience
data browsing at reduced speed with no EXCESS charges as stipulated by MMSSB as and when deemed
necessary. While roaming overseas, the prevailing data roaming charges will apply;
Alternatively, the Principal of the Maxis ONE Share Plan line may upgrade the MaxisONE Share Plan with
additional of 1GB, to a maximum of 5GB data. Such upgrades can be made at any Maxis Service Centres or
Maxis Exclusive Partners (MEP) or via the Contact Centres (123);
TM
MaxisONE
plan Data Upgrade
Monthly Recurring
RM30
1GB
RM60
2GB
RM90
3GB
RM120
4GB
RM150
5GB
f.
The monthly commitment fee will be pro-rated and therefore based on the Customer's bill cycle date, whereby
a Customer will not be charged the full commitment fee for the first month. From the second month onwards
the Customer will be charged the full commitment fee. However, the allocated Internet package will be given
full from the first month.
8. Maxis reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions, Maxis
ONE Share Plan(s) and the offers stated in these terms and conditions without prior notice.
9. These terms and conditions shall be read in addition to the terms and conditions of the Maxis postpaid registration form
("Principal Terms & Conditions") agreed to and/or signed by the Customer/Participant. These terms and conditions shall
be supplemental to the Principal Terms & Conditions.
10. Maxis shall not be liable to the Customer/Participant and/or any party for any loss or damage of whatsoever nature
suffered in relation to acceptance or non-acceptance of the Maxis ONE Share Plan(s), offers and/or the Services
associated thereto.
41
TM
4. MaxisGO
1.
2.
3.
Plan
The Plan: MaxisGO™ Postpaid plan mentioned in these terms and conditions.
Participant: Person(s) signing up for MaxisGO™ plan mentioned in these terms and conditions.
The Plan structure is as follows:
MaxisGO
TM
plan
Monthly Commitment Fee
RM 48
Monthly Data, Voice and SMS Bundle
Mobile Internet Package Allocation
1GB (all-day) + 1GB (2am – 7am)
Minutes Allocation (ALL-net)
100 minutes
SMS Allocation (ALL-net)
100 SMS
Pay-per-Use Tariff for ALL-net (Calls & SMS)
Voice calls (ALL-net)
15 sen
SMS (ALL-net)
10 sen
Other Charges
4.
5.
6.
7.
Video Calls (ON-net)
15 sen
Video Calls (OFF-net)
40 sen
MMS (ON-net)
25 sen
MMS (OFF-net)
50 sen
The structure for MaxisGO™ plan shall be as above and as set out and published on MMSSB's official website at
www.maxis.com.my.
The Plan structure is subject to change, and the prevailing terms and conditions with respect to the Plan as updated on
the official website, shall apply and supersede any and all previous versions, including but not limited to, in any user
guide or leaflets versions. The Customer/Participant is responsible for regularly reviewing information relating to the
Plan(s) and Services posted on MMSSB's official website which may include changes to the Agreement, Addendum(s),
Services and/or Plan. The Customer's/Participant's continued use of the Services and/or Plan (after the effective date of
any change to the terms and conditions of Services and/or Plan shall constitute unconditional acceptance of such
variations, additions or amendments by the Customer/Participant and the Customer/Participant shall be bound by the
same. In the event the Customer/Participant does not accept such changes, the Customer/Participant shall be entitled
to terminate the Plan and/or the use of the Services.
In respect of the voice & SMS allocated with the Plan, the Customer/Participant acknowledges and accepts that:
a. any usage exceeding the packaged voice minutes or SMS will be charged based on the pay-per-use tariffs for
exceeded usage;
b. The packaged minutes and SMS apply to domestic on-net and off-net usage only and are exclusively for
domestic usage only;
c. Customer/Participant will enjoy the full allocation of the packaged voice minutes or SMS from the first month.
With regard to the data allocated with the Plan, the Customer/Participant acknowledges and accepts that:
a. Where there is any usage exceeding the packaged Mobile Internet allocations, the Customer/Participant will
experience data browsing at reduced speed with no EXCESS charges as stipulated by MMSSB as and when
deemed necessary;
b. The packaged Mobile Internet allocated within the Plan is exclusively for domestic usage only;
c. The Customer/Participant may purchase one-time/ recurring Data Booster passes before the
Customer’s/Participant's packaged Internet package allocation is exceeded, whereby such upgrade is available
through the Customer’s/Participant's self-serve channels such as UMB, USSD WAP menu or MyMaxis App
accessible through the Customer’s/Participant's Mobile Phone or other available devices or channels as may be
informed by MMSSB as and when available or deemed necessary.
d. Nevertheless, in the event the Internet package allocation tied to the Plan is exceeded and the
Customer/Participant has not made an Internet upgrade pass purchase, the Customer/Participant will
experience data browsing at reduced speed with no EXCESS charges as stipulated by MMSSB as and when
deemed necessary. While roaming overseas, the prevailing data roaming charges will apply;
42
e.
The monthly commitment fee will be pro-rated and therefore based on the Customer's/Participant’s bill cycle
date, whereby a Customer/Participant will not be charged the full commitment fee for the first month. From
the second month onwards, the Customer/Participant will be charged the full commitment fee. Nevertheless,
the allocated Internet package will be given full from the first month.
8. MMSSB reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions, Plan
and the offers stated in these terms and conditions without prior notice.
9. These terms and conditions shall be read in addition to the terms and conditions of the MMSSB postpaid registration
form ("Principal Terms & Conditions") agreed to and/or signed by the Customer/Participant. These terms and conditions
shall be supplemental to the Principal Terms & Conditions.
10. MMSSB shall not be liable to the Customer/Participant and/or any party for any loss or damage of whatsoever nature
suffered in relation to acceptance or non-acceptance of the Plan, offers and/or the Services associated thereto.
5. PHONE 4 U/DEVICE FOR U
iPhone Plans
Our agreement with you: Maxis iValue Plans for iPHONE
1. Offer: Maxis i-Value Plans for iPhone, comprising these terms and conditions.
2. You shall be responsible for payment of all charges associated with the Offer and the principal line registered under
your name.
3. Commitment Period: twelve (12) months or twenty four (24) months from the date of acceptance of these terms and
conditions. If applicable, with the acceptance of this Offer, any previous phone offer contract you have contracted for,
shall be deemed terminated as at the date of acceptance of these terms and conditions (“date of Execution”). The
Commitment Period and these terms and conditions shall be binding on you from the date of Execution.
4. By accepting this Offer, you will enjoy a handset (the model of which is prescribed in your summary of purchase details)
at a special price depending on your selection of option/(s) as stipulated in the said summary of purchase details as
offered by Maxis Mobile Services Sdn Bhd (“Maxis”).
5. You shall NOT during the Commitment Period:
5.1. terminate your Maxis mobile account or port out to another mobile service provider;
5.2. suspend your Maxis Mobile account;
5.3. have your Maxis mobile account terminated for non-payment of monthly bills;
5.4. change the individual postpaid rate plan you had registered for pursuant to the Offer, wherein, however, only
an upgrade of a rate plan by you may be allowed.
6. You acknowledge that if any of the events in paragraph 5 above occurs, you shall pay to Maxis a pre-termination
charge, as determined by Maxis, which shall be assessed against you as stipulated in Clause 16 below. Payment of the
pre-termination charge shall be without prejudice to the collection of all monies owing to Maxis by you in accordance
with your account up to the time of pre-termination. You shall be furnished with a final statement of account which
shall be due to and payable by you to Maxis upon receipt.
7. This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any
other offers from time to time.
8. The Offer cannot be exchanged for cash and the handset is not returnable upon acceptance.
9. To enjoy the benefits of this Offer, a principal line must be registered under your name or account in respect of
individual postpaid rate plans offered by Maxis.
10. Maxis reserves the right to rescind any of the privileges of your rate plan in the event your line/account registered for
this Offer is not used with the handset purchased.
11. You may enjoy only (1) Offer for each principal line registered.
12. Maxis reserves the right, without any liability, to change, vary, add or amend any of these terms and the Offer without
prior notice.
13. These terms and conditions shall be read in addition to the terms and conditions of the Maxis Postpaid Services
(“Principal Terms & Conditions”) agreed to and accepted by you. These terms and conditions shall be supplemental to
the Principal Terms & Conditions.
14. Maxis shall not be liable to you and/or any party for any loss or damage of whatsoever nature suffered in relation to
acceptance or non-acceptance of this Offer and/or the services associated thereto and/or any handset that is found to
be faulty or defective. You shall be responsible for informing Maxis of defective or faulty handsets received by you.
15. Maxis will not be responsible to replace the handset or any part thereof that is lost, stolen, damaged or defective
(where such defect is not a manufacturer defect). You shall be responsible for the repair and maintenance of your
handset. Repairs shall be subject to the applicable warranty issued by the handset manufacturer (“applicable
warranty”). For the duration of the applicable warranty period, you shall ensure that you return to Maxis the handset
for Maxis’ further action or onward transmission to the handset manufacturer. You accept and acknowledge that the
43
handsets are subject to the handset manufacturer’s standard warranty and Maxis shall not be responsible and/or liable
for any handsets returned by you which is found to be an ineligible warranty returned phone and/or for any loss and/or
damage whatsoever suffered by you and/or any other party.
16. Applicable pre-termination charges:
 For 12 months contract: You agree that Maxis has the right to impose a pre-termination charge, as stipulated
here, for which you shall be responsible to pay if you decide to terminate this 12-months commitment before
its expiry. The pre-termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront
Cost) x (Remaining month(s) ÷ 12 months)] + RM 100.
 For 24 months contract: You agree that Maxis has the right to impose a pre-termination charge, as stipulated
here, for which you shall be responsible to pay if you decide to terminate this 24-months commitment before
its expiry. The pre-termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront
Cost) x (Remaining month(s) ÷ 24 months)] + RM 100.
Device Plans
Our agreement with you: MyMaxis Device Deal
1.
Offer: Participating Maxis Postpaid Rate Plan for myMaxis Device Deal, comprising these terms and conditions. This
Offer shall apply to the following Rate Plans:
Offer (A) : SurfMore Plans, Value Plus Internet Plans
Offer (B) : Maxis Postpaid Plans subscribed to a Mobile Internet Package (“Mobile Internet Package”); One Hundred
Megabytes (100MB), a Two Hundred Megabytes (200MB), a Five Hundred Megabytes (500MB), a One
Gigabyte (1GB), a Three Gigabytes (3GB), a Six Gigabytes (6GB) or a Twelve Gigabytes (12GB).
2. You shall be responsible for payment of all charges associated with the Offer and the principal line registered under
you.
3. Commitment Period: Twelve (12) months/twenty four (24) months from the date of acceptance of these terms and
conditions. If applicable, with the acceptance of this Offer, any previous phone/device offer contract you had
contracted for shall be deemed terminated as at the date of acceptance of these terms and conditions (“date of
Execution”) and you shall be subject to any pre-termination charges of such previous contract, if applicable. The
Commitment Period, these terms and conditions shall be binding on you from the date of Execution.
4. By accepting this Offer: you will enjoy 1 Device (the model of which is prescribed in Contract Details, attached herewith)
at a special price depending on your selection of option/(s) as stipulated in Contract Details as offered by Maxis Mobile
Services Sdn Bhd (“Maxis”);
5. You shall NOT during the Commitment Period:
5.1. terminate your Maxis mobile account or port out to another mobile service provider;
5.2. suspend your Maxis mobile account;
5.3. have your Maxis mobile account terminated for non-payment of monthly bills;
5.4. change the individual postpaid rate plan you had registered for pursuant to the Offer, wherein, however, any
upgrade of a rate plan by you is allowed;
5.5. downgrade the Mobile Internet Package you had registered for pursuant to the Offer. Only an upgrade of the
Mobile Internet Package is allowed.
6. You acknowledge that if any of the events in paragraph 4 above occurs, you shall pay to Maxis a pre-termination
charge, as determined by Maxis, which shall be assessed against you as stipulated in clause 17. Payment of the pretermination charge shall be without prejudice to the collection of all monies owing to Maxis by you in accordance with
your account up to the time of pre-termination. You shall be furnished with a final statement of account which shall be
due and payable by you to Maxis upon receipt.
7. You accept and acknowledge that you shall be responsible and liable for, including but not limited to, this Offer,
Commitment Period, Devices offered under this Offer, Mobile Internet Package, payment and charges, these terms and
conditions and the Principal Terms and Conditions.
8. This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any
other offers from time to time.
9. The Offer cannot be exchanged for cash and the Device is not returnable upon acceptance.
10. To enjoy the benefits of this Offer, a principal line must be registered and have an active account under your name or
account in respect of an individual postpaid rate plan offered by Maxis, which is prescribed in Contract Details, attached
herewith.
10. Maxis reserves the right to rescind any of the privileges of your rate plan in the event your line/account registered
for this Offer is not used with the Device purchased.
11. You may enjoy only (1) Offer.
12. Maxis reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions and the
Offer without prior notice.
44
13. These terms and conditions shall be read in addition to the terms and conditions of the Maxis individual registration
form (“Principal Terms & Conditions”) you had accepted and agreed to. These terms and conditions shall be
supplemental to the Principal Terms & Conditions.
14. Maxis shall not be liable to you and/or any party for any loss or damage of whatsoever nature suffered in relation to
acceptance or non-acceptance of this Offer and/or the services associated thereto and/or any Device that is found to
be faulty or defective.
15. Maxis will not be responsible to replace the Device or any part thereof that is lost, stolen, damaged or defective. You
shall be responsible for the repair and maintenance of your Device. Repairs, defects and/or faults shall be subject to the
applicable warranty issued by the Device manufacturer (“applicable warranty”). You accept and acknowledge that the
Devices are subject to the Device manufacturer’s standard warranty and Maxis shall not be responsible and/or liable for
any Devices and/or for any loss and/or damage whatsoever suffered by you and/or any other party.
16. If you terminate this Offer before the end of the Commitment Period, you will have to pay both the pre termination
charge of your rate plan and your Mobile Internet Package as the case may be.
17. Applicable pre-termination charges:
OFFER A
 For 12 months contract: You agree that Maxis has the right to impose a pre-termination charge, as stipulated
here, for which you shall be responsible to pay if you decide to terminate this 12-months commitment before its
expiry. The pre-termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront Cost) x
(Remaining month(s) ÷ 12 months)] + RM 100.
 For 24 months contract: You agree that Maxis has the right to impose a pre-termination charge, as stipulated
here, for which you shall be responsible to pay if you decide to terminate this 24-months commitment before its
expiry. The pre-termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront Cost) x
(Remaining month(s) ÷ 24 months)] + RM 100.
OFFER B
 For 12 months contract: You agree that if you terminate the Mobile Internet Package within the twelve (12)
months from the date of execution of these terms and conditions, you shall pay to Maxis a pre-termination
charge of: (a) RM500 for the Three Gigabytes (3GB) and below Mobile Internet Packages; or (b) RM750 for the
Six Gigabyte (6GB) and Twelve Gigabyte (12GB) Mobile Internet Packages.
 For 24 months contract: You agree that if you terminate the Mobile Internet Package within the twenty Four (24)
months from the date of execution of these terms and conditions, you shall pay to Maxis a pre-termination
charge of: (a) RM1000 for the Three Gigabytes (3GB) and below Mobile Internet Packages; or (b) RM1500 for the
Six Gigabyte (6GB) and Twelve Gigabyte (12GB) Mobile Internet Packages.
Maxis Device Contract Agreement
1.
2.
3.
4.
5.
6.
Offer: Participating Maxis Postpaid Rate Plan for Maxis Device Contract Agreement, comprising these terms and
conditions. This Offer shall apply to the “MaxisONE plan” rate plan.
You shall be responsible for payment of all charges associated with the Offer and the principal line registered under
you.
Commitment Period: Twelve (12) months/twenty four (24) months from the date of acceptance of these terms and
conditions. If applicable, with the acceptance of this Offer, any previous phone/device offer contract you had
contracted for shall be deemed terminated as at the date of acceptance of these terms and conditions (“date of
Execution”) and you shall be subject to any pre-termination charges of such previous contract, if applicable. The
Commitment Period, these terms and conditions shall be binding on you from the date of Execution.
By accepting this Offer: you will enjoy 1 Device (the model of which is prescribed in the “Declaration”, attached
herewith) at a special price depending on your selection of option/(s) as stipulated in “Declaration” as offered by Maxis
Mobile Services Sdn Bhd (“Maxis”);
You shall NOT during the Commitment Period:
5.1. terminate your Maxis mobile account or port out to another mobile service provider;
5.2. suspend your Maxis mobile account;
5.3. have your Maxis mobile account terminated for non-payment of monthly bills;
5.4. change the individual postpaid rate plan you had registered for pursuant to the Offer, wherein, however, any
upgrade of a rate plan by you is allowed;
5.5. downgrade the individual postpaid rate plan you had registered for pursuant to the Offer. Only an upgrade of
the individual postpaid rate plan is allowed.
You acknowledge that if any of the events in clause 5 above occurs, you shall pay to Maxis a pre-termination charge, as
determined by Maxis, which shall be assessed against you as stipulated in clause 17. Payment of the pre-termination
charge shall be without prejudice to the collection of all monies owing to Maxis by you in accordance with your account
45
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
up to the time of pre-termination. You shall be furnished with a final statement of account which shall be due and
payable by you to Maxis upon receipt.
You accept and acknowledge that you shall be responsible and liable for, including but not limited to, this Offer,
Commitment Period, Devices offered under this Offer, payment and charges, these terms and conditions and the
Principal Terms and Conditions.
This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any
other offers from time to time.
The Offer cannot be exchanged for cash and the Device is not returnable upon acceptance.
To enjoy the benefits of this Offer, a principal line must be registered and have an active account under your name or
account in respect of an individual postpaid rate plan offered by Maxis, which is prescribed in Contract Details, attached
herewith.
Maxis reserves the right to rescind any of the privileges of your rate plan in the event your line/account registered for
this Offer is not used with the Device purchased.
Maxis reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions and the
Offer without prior notice.
These terms and conditions shall be read in addition to the terms and conditions of the Maxis postpaid services
registration form (“Principal Terms & Conditions”) you had accepted and agreed to. These terms and conditions shall be
supplemental to the Principal Terms & Conditions.
Maxis shall not be liable to you and/or any party for any loss or damage of whatsoever nature suffered in relation to
acceptance or non-acceptance of this Offer and/or the services associated thereto and/or any Device that is found to
be faulty or defective.
Maxis will not be responsible to replace the Device or any part thereof that is lost, stolen, damaged or defective. You
shall be responsible for the repair and maintenance of your Device. Repairs, defects and/or faults shall be subject to the
applicable warranty issued by the Device manufacturer (“applicable warranty”). You accept and acknowledge that the
Devices are subject to the Device manufacturer’s standard warranty and Maxis shall not be responsible and/or liable for
any Devices and/or for any loss and/or damage whatsoever suffered by you and/or any other party.
If you terminate this Offer before the end of the Commitment Period, you will have to pay both the pre termination
charge of your rate plan as the case may be.
Applicable pre-termination charges:
 For 12 months contract
You agree that Maxis has the right to impose a pre-termination charge, as stipulated here, for which you shall be
responsible to pay if you decide to terminate this 12-months commitment before its expiry. The pre-termination
charge is calculated based on [(Recommended Retail Price (RRP) – Device Offer Price) x (Remaining month(s) ÷
12 months)] + RM 100.
 For 24 months contract
You agree that Maxis has the right to impose a pre-termination charge, as stipulated here, for which you shall be
responsible to pay if you decide to terminate this 24-months commitment before its expiry. The pre-termination
charge is calculated based on [(Recommended Retail Price (RRP) – Device Offer Price) x (Remaining month(s) ÷
24 months)] + RM 100.
6. Maxis Zerolution Contract (iPhone)
Offer: This Offer shall apply to the “Maxis Zerolution Plan” comprising of the “Maxis Zerolution Monthly Fee” and “Maxis
Zerolution Upgrade Fee”
You shall be responsible for payment of all charges associated with the Offer and the principal line registered under you.
Maxis Zerolution Monthly Fee
1. Commitment Period: Twenty four (24) months from the date of acceptance of these terms and conditions. If applicable,
with the acceptance of this Offer, any previous phone/device offer contract you had contracted for shall be deemed
terminated as at the date of acceptance of these terms and conditions (“date of Execution”) and you shall be subject to
any device remaining balance charge of such previous contract, if applicable. The Commitment Period, these terms and
conditions shall be binding on you from the date of Execution.
2. By accepting this Offer: you will enjoy 1 Device (the model of which is prescribed in the “Declaration” section attached
herewith) at a special price depending on your selection of option/(s) as stipulated in the “Declaration” section as
offered by Maxis Mobile Services Sdn Bhd (“Maxis”);
3. You shall not, during the Commitment Period,:
3.1. terminate your Maxis Zerolution Monthly Fee
3.2. terminate your Maxis mobile account or port out to another mobile service provider;
46
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
3.3. have your Maxis mobile account terminated for non-payment of monthly bills;
3.4. change your rate plan to a rate plan that is not eligible under the Maxis Zerolution Monthly Fee
You acknowledge that if any of the events in clause 3 above occurs, you shall pay to Maxis the device remaining balance
charge, as determined by Maxis, which shall be assessed against you as stipulated in clause 16 below. Payment of the
device remaining balance charge shall be without prejudice to the collection of all monies owing to Maxis by you in
accordance with your account up to the time of pre-termination. You shall be furnished with a final statement of
account which shall be due and payable by you to Maxis upon receipt. The device remaining balance charge shall be
subject to GST.
Should you during the Commitment Period suspend your Maxis mobile account, the Maxis Zerolution Monthly Fee will
continue to be charged into your postpaid bill.
You accept and acknowledge that you shall be responsible and liable for, including but not limited to, this Offer,
Commitment Period, Devices offered under this Offer, payment and charges, these terms and conditions and the
Principal Terms and Conditions.
This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any
other offers from time to time.
The Offer cannot be exchanged for cash.
To enjoy the benefits of this Offer, a principal line must be registered and be an active account under your name or
account in respect of an individual postpaid rate plan offered by Maxis, as prescribed in the Contract Details, attached
herewith.
Maxis reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions and the
Offer without prior notice.
These terms and conditions shall be read in addition to the terms and conditions of the Maxis postpaid services
(“Principal Terms & Conditions”) you had agreed to and accepted. These terms and conditions shall be supplemental to
the Principal Terms & Conditions.
Maxis shall not be liable to you and/or any party for any loss or damage of whatsoever nature suffered in relation to
acceptance or non-acceptance of this Offer and/or the services associated thereto and/or any Device that is found to be
faulty or defective.
Maxis will not be responsible to replace the handset or any part thereof that is lost, stolen, damaged or defective
(where such defect is not a manufacturer defect). You shall be responsible for the repair and maintenance of your
handset. Repairs shall be subject to the applicable warranty issued by the handset manufacturer (“applicable
warranty”).
For the duration of the applicable warranty period, you shall ensure that you return to Maxis the handset for Maxis’
further action or onward transmission to the handset manufacturer. You accept and acknowledge that the handsets are
subject to the handset manufacturer’s standard warranty and Maxis shall not be responsible and/or liable for any
handsets returned by you which is found to be an ineligible warranty returned phone and/or for any loss and/or
damage whatsoever suffered by you and/or any other party.
If you terminate this Offer before the end of the Commitment Period, you will have to pay the remaining device balance
charge including the GST applicable on such amount.
You agree that Maxis has the right to impose the remaining device balance charge, as stipulated here, for which you
shall be responsible to pay if you decide to terminate this 24-months commitment before its expiry. The device
remaining balance charge is calculated as follows:
[(Recommended Retail Price (RRP) ÷ 24 months)] x Remaining month(s)]
Maxis Zerolution Upgrade Fee
1.
2.
3.
4.
By accepting this Offer: you are eligible to return your device which is in “good working condition” for a device upgrade
after fulfilling at least half of your Commitment Period (12 months) for Maxis to waive off the remaining months of your
“Maxis Zerolution Upgrade Fee”
You shall not, during the Commitment Period,:
2.1. terminate your Maxis Zerolution Upgrade Fee
2.2. terminate your Maxis mobile account or port out to another mobile service provider;
2.3. have your Maxis mobile account terminated for non-payment of monthly bills;
2.4. change rate plan to a rate plan that is not eligible for Maxis Zerolution Upgrade Fee
You acknowledge that if any of the events in clause 2 above occurs, this Offer will be revoked and you will no longer be
eligible to return your device and the Maxis Zerolution Upgrade Fee that has been paid will be forfeited.
To enjoy the benefits of this Offer, you must exercise this Offer before the Commitment Period ends. Should you not
exercise this Offer within the Commitment Period, you will not be eligible to return your device and the Maxis
Zerolution Upgrade Fee that has been paid will be forfeited.
47
5.
6.
7.
8.
9.
To enjoy the benefits of this Offer, you must return the device in “good working condition” stipulated in the Device
Return Guidelines. The Device Return Guidelines shall form an integral part of these terms and conditions.
Should you suspend your Maxis mobile account during the Commitment Period, the Maxis Zerolution Upgrade Fee will
continue to be charged to your postpaid bill.
Maxis reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions and the
Offer without prior notice.
These terms and conditions shall be read in addition to the terms and conditions of the Maxis postpaid services
(“Principal Terms & Conditions”) you had agreed to and accepted. These terms and conditions shall be supplemental to
the Principal Terms & Conditions.
Maxis shall not be liable to you and/or any party for any loss or damage of whatsoever nature suffered in relation to
acceptance or non-acceptance of this Offer and/or the services associated thereto and/or any Device that is found to be
faulty or defective.
Device Return Guidelines
1.
2.
3.
You must read and take note of the terms as set out below:
a) You must ensure that all and any personal and confidential data/information has been cleared from the Device.
b) You must ensure the Device is able to be switched on and have access to your handset’s IMEI number by
pressing *#06# (the IMEI should match the original device purchased).
c) You must ensure that your Device functions normally, for example, that it is capable of making and receiving
calls and connecting to the internet and touchscreen functions as intended.
d) You must ensure your Device is free from physical damage, except for normal or light wear and tear (for
example, it does not have liquid damage, a cracked or discoloured screen or casing, connector damage or faulty
or broken SIM reader).
e) You must ensure that all activation and device locking features have been disabled (e.g. Find My iPhone on iOS
7+ devices).
f) You must ensure your Device includes or comes with a fully functioning battery and that your SIM card has been
removed.
g) You must ensure that your Device does not have any missing, disassembled, customised or non-original parts
In the event your Device falls under any of the categories below, you will need to pay an additional RM300 as a damage
waiver:
a) Device is functional with heavy wear and tear but is capable of turning on/off, buttons fully functional,
make/receive calls, connect to Internet.
b) Device has a cracked screen/casing, scratches, minor chips and dents, paint peeling.
c) Device has or has had liquid damage.
d) Device has LCD damage/bleeding.
e) Device has swollen battery.
f) Device has missing parts.
g) Device has non-standard OEM parts.
h) Device is locked.
In the event your Device falls under any of the categories below, Maxis will not accept the Device and the Maxis
Zerolution Upgrade Fee will be forfeited.
a) Device is one with heavy wear and tear.
b) Device is significantly damaged (cracked screen/casings, scratches, chips and dents, paint peeling, liquid damage,
LCD damage/bleeding and/or swollen battery).
c) Device not accompanied by its battery.
d) Device has missing parts.
e) Device has non-standard OEM parts.
f) Device is not functional (not capable of turning on/off, buttons are not fully functional, cannot make/receive
calls and/or cannot connect to the Internet).
7. Maxis Zerolution Contract (non-iPhone)
Offer: This Offer shall apply to the “Maxis Zerolution Plan” comprising of the “Maxis Zerolution Monthly Fee” and “Maxis
Zerolution Upgrade Fee”
You shall be responsible for payment of all charges associated with the Offer and the principal line registered under you.
Maxis Zerolution Monthly Fee
48
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Commitment Period: Twenty four (24) months from the date of acceptance of these terms and conditions. If applicable,
with the acceptance of this Offer, any previous phone/device offer contract you had contracted for shall be deemed
terminated as at the date of acceptance of these terms and conditions (“date of Execution”) and you shall be subject to
any pre-termination charges of such previous contract, if applicable. The Commitment Period, these terms and
conditions shall be binding on you from the date of Execution.
By accepting this Offer: you will enjoy 1 Device (the model of which is prescribed in the “Declaration” section attached
herewith) at a special price depending on your selection of option/(s) as stipulated in the “Declaration” section as
offered by Maxis Mobile Services Sdn Bhd (“Maxis”);
You shall not, during the Commitment Period,:
3.1. terminate your Maxis Zerolution Monthly Fee
3.2. terminate your Maxis mobile account or port out to another mobile service provider;
3.3. have your Maxis mobile account terminated for non-payment of monthly bills;
3.4. change your rate plan to a rate plan that is not eligible under the Maxis Zerolution Monthly Fee
You acknowledge that if any of the events in clause 3 above occurs, you shall pay to Maxis the device remaining balance
charge, as determined by Maxis, which shall be assessed against you as stipulated in clause 16 below. Payment of the
device remaining balance charge shall be without prejudice to the collection of all monies owing to Maxis by you in
accordance with your account up to the time of pre-termination. You shall be furnished with a final statement of
account which shall be due and payable by you to Maxis upon receipt. The device remaining balance charge shall be
subject to GST.
Should you during the Commitment Period suspend your Maxis mobile account, the Maxis Zerolution Monthly Fee will
continue to be charged into your postpaid bill.
You accept and acknowledge that you shall be responsible and liable for, including but not limited to, this Offer,
Commitment Period, Devices offered under this Offer, payment and charges, these terms and conditions and the
Principal Terms and Conditions.
This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any
other offers from time to time.
The Offer cannot be exchanged for cash.
To enjoy the benefits of this Offer, a principal line must be registered and be an active account under your name or
account in respect of an individual postpaid rate plan offered by Maxis, as prescribed in the Contract Details, attached
herewith.
Maxis reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions and the
Offer without prior notice.
These terms and conditions shall be read in addition to the terms and conditions of the Maxis postpaid services
(“Principal Terms & Conditions”) you had agreed to and accepted. These terms and conditions shall be supplemental to
the Principal Terms & Conditions.
Maxis shall not be liable to you and/or any party for any loss or damage of whatsoever nature suffered in relation to
acceptance or non-acceptance of this Offer and/or the services associated thereto and/or any Device that is found to be
faulty or defective.
Maxis will not be responsible to replace the Device or any part thereof that is lost, stolen, damaged or defective. You
shall be responsible for the repair and maintenance of your Device. Repairs, defects and/or faults shall be subject to the
applicable warranty issued by the Device manufacturer (“applicable warranty”). You accept and acknowledge that the
Devices are subject to the Device manufacturer’s standard warranty and Maxis shall not be responsible and/or liable for
any Devices and/or for any loss and/or damage whatsoever suffered by you and/or any other party.
If you terminate this Offer before the end of the Commitment Period, you will have to pay the remaining device balance
charge including the GST applicable on such amount.
You agree that Maxis has the right to impose the remaining device balance charge, as stipulated here, for which you
shall be responsible to pay if you decide to terminate this 24-months commitment before its expiry. The device
remaining balance charge is calculated as follows:
[(Recommended Retail Price (RRP) ÷ 24 months)] x Remaining month(s)]
Maxis Zerolution Upgrade Fee
1.
2.
By accepting this Offer: you are eligible to return your device which is in “good working condition” for a device upgrade
after fulfilling at least half of your Commitment Period (12 months) for Maxis to waive off the remaining months of your
“Maxis Zerolution Upgrade Fee”
You shall not, during the Commitment Period,:
2.1. terminate your Maxis Zerolution Upgrade Fee
2.2. terminate your Maxis mobile account or port out to another mobile service provider;
2.3. have your Maxis mobile account terminated for non-payment of monthly bills;
49
3.
4.
5.
6.
7.
8.
9.
2.4. change rate plan to a rate plan that is not eligible for Maxis Zerolution Upgrade Fee
You acknowledge that if any of the events in clause 2 above occurs, this Offer will be revoked and you will no longer be
eligible to return your device and the Maxis Zerolution Upgrade Fee that has been paid will be forfeited.
To enjoy the benefits of this Offer, you must exercise this Offer before the Commitment Period ends. Should you not
exercise this Offer within the Commitment Period, you will not be eligible to return your device and the Maxis
Zerolution Upgrade Fee that has been paid will be forfeited.
To enjoy the benefits of this Offer, you must return the device in “good working condition” stipulated in the device
return guidelines. The Device Return Guidelines shall form an integral part of these terms and conditions.
Should you suspend your Maxis mobile account during the Commitment Period, the Maxis Zerolution Upgrade Fee will
continue to be charged to your postpaid bill.
Maxis reserves the right, without any liability, to change, vary, add or amend any of these terms and conditions and the
Offer without prior notice.
These terms and conditions shall be read in addition to the terms and conditions of the Maxis postpaid services
(“Principal Terms & Conditions”) you had agreed to and accepted. These terms and conditions shall be supplemental to
the Principal Terms & Conditions.
Maxis shall not be liable to you and/or any party for any loss or damage of whatsoever nature suffered in relation to
acceptance or non-acceptance of this Offer and/or the services associated thereto and/or any Device that is found to be
faulty or defective.
Device Return Guidelines
1.
2.
3.
You must read and take note of the terms as set out below:
a) You must ensure that all and any personal and confidential data/information has been cleared from the Device.
b) You must ensure the Device is able to be switched on and have access to your handset’s IMEI number by
pressing *#06# (the IMEI should match the original device purchased).
c) You must ensure that your Device functions normally, for example, that it is capable of making and receiving
calls and connecting to the internet and touchscreen functions as intended.
d) You must ensure your Device is free from physical damage, except for normal or light wear and tear (for
example, it does not have liquid damage, a cracked or discoloured screen or casing, connector damage or faulty
or broken SIM reader).
e) You must ensure that all activation and device locking features have been disabled (e.g. Find My iPhone on iOS
7+ devices).
f) You must ensure your Device includes or comes with a fully functioning battery and that your SIM card has been
removed.
g) You must ensure that your Device does not have any missing, disassembled, customised or non-original parts
In the event your Device falls under any of the categories below, you will need to pay an additional RM300 as a damage
waiver:
a) Device is functional with heavy wear and tear but is capable of turning on/off, buttons fully functional,
make/receive calls, connect to Internet
b) Device has a cracked screen/casing, scratches, minor chips and dents, paint peeling.
c) Device has or has had liquid damage.
d) Device has LCD damage/bleeding.
e) Device has swollen battery.
f) Device has missing parts.
g) Device has non-standard OEM parts.
h) Device is locked.
In the event your Device falls under any of the categories below, Maxis will not accept the Device and the Maxis
Zerolution Upgrade Fee will be forfeited.
a) Device is one with heavy wear and tear.
b) Device is significantly damaged (cracked screen/casings, scratches, chips and dents, paint peeling, liquid damage,
LCD damage/bleeding and/or swollen battery).
c) Device not accompanied by its battery.
d) Device has missing parts.
e) Device has non-standard OEM parts.
f) Device is not functional (not capable of turning on/off, buttons are not fully functional, cannot make/receive
calls and/or cannot connect to the Internet)
50
PART E. WIRELESS BROADBAND SERVICES AND HOME WIRELESS INTERNET SERVICES
1.
GENERAL TERMS AND CONDITIONS
This Part E (Wireless Broadband Services AND Home Wireless Internet Services) provides a summary of our Customer Terms
(as defined below) for the Maxis Wireless Broadband Services and Home Wireless Internet Services subscribed by you
(“Services”) and gives you some important information about what those terms cover and your rights and obligations.
Please read the information below carefully.
What we will do: We are committed to providing the Services to you on an "as is" basis and within a reasonable timeframe
only if the Services are available in your area or is technically feasible, if you meet our credit policy requirements and
comply with our registration requirements and our Customer Terms.
What you must do to get the Service: You will need to:
 provide us with accurate and complete information at all times as may be required for availing our Services.
 consent to your personal information being used by us in accordance with the Maxis Privacy Statement for
provision of the Services.
 read and accept Our Customer Terms.
 ensure that you have the necessary equipment to use the Services.
 consent to us and/or our agents to gain access to your premises with prior notice to place our equipment and
install our Services.
 promptly pay for the monthly service charges and other charges relating to the Services. You will be responsible for
all service charges of the Services, whether or not you were the one using the Services.
 make sure that payments to us are in full, without any deductions. At our discretion, we can
 offset, consolidate or combine accounts or transfer monies outstanding in any of your accounts with Maxis or its
related companies towards reducing any amounts you owe us for the Services.
Your personal information: We collect, use and otherwise “process” your personal information as set out in the Maxis
Privacy Statement, which also sets out your rights in relation to this information. Please read this carefully. If you require a
copy of Maxis’ Privacy Statement, you can call us on 1800 82 2888 and we can send you a copy.
Your obligations when you use the Service: You must:
 not disclose your log on details to anyone else, or share your Services.
 comply with the below terms:
 Maxis Fair Usage Policy,
 Maxis Service Terms and Conditions as applicable for the services or value added services as may be
subscribed by you,
 Maxis Broadband Terms & Conditions;
 Maxis Home Terms and conditions (not applicable for Wireless Broadband); and
 these General Terms and Conditions
(Collectively 'Our Customer Terms').

not use the Service:
 to send spam or unsolicited email messages, and against public interest;
 for commercial business purpose or resell Services unless permitted by Maxis; and
 for any unlawful purpose such as vice or gambling, infringement of other people's intellectual property,
publishing any defamatory or abusive material;
 not exceed a total stipulated data volume transmitted per month. If you do so, Maxis reserves the right to
take any action if deemed fit.
Upgrade and downgrade of service plan: Please refer to the following link: www.maxis.com.my/myaccount
When we can suspend or cancel your Service: We may suspend or cancel your Service in a number of circumstances, such
as where you breach Our Customer Terms, you do not pay your bill on time, where it is necessary to restore or maintain our
network, there is an emergency, the law allows or requires us to do so, you leave your premises, or you become bankrupt or
51
insolvent. If the Service(s) is/are cancelled or suspended, you are required to pay charges outstanding as at
cancellation/suspension date. A reconnection charge is payable before we reconnect a cancelled/ suspended Service.
When we can alter the Service: Maxis reserves the right from time to time to make any changes deemed necessary and/or
required either to its services or the Terms & Conditions. End user/Customer will be notified of such changes via the Maxis
portal. Customers are advised to visit the Maxis portal/websites from time to time for updates and/or changes to Services
and/or Terms and Conditions. Continued usage of the Service by the end user/Customer will be deemed as acceptance by
the end user/Customer of the changed or revised Terms & Conditions.
Our/Your liability: We aim to provide but do not guarantee continuous or fault free services. We are not liable to you in
contract, tort (including negligence), or otherwise for any loss or damage [e.g. lost profits or business or consequential
losses that you may suffer in connection with the Services (or a failure to provide the Services)]. You agree to indemnify and
keep us indemnified against any loss, damage, liability or expenses arising from any claims whatsoever including for libel,
invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of
your Services, whether by you or any other person.
Consent to submission and use of data: You agree that Maxis and its affiliates may collect and use technical information
gathered as part of the product usage reporting related to the Software. Maxis and its affiliates may use this information
solely to improve our products or to provide customized services or technologies to you and will not disclose this
information in a form that personally identifies you. Personally identifiable data such as your name and address will NOT be
collected at any time.
2. WIRELESS BROADBAND SERVICES – TERMS AND CONDITIONS
1.
The Wireless Broadband Postpaid Plan (hereafter referred to as the “Plan”) is only available for Malaysian and
foreigners aged 18 years old and above.
2. An activation fee of RM150 is applicable for each Wireless Broadband subscription which may be subject to change
from time to time and as updated on Maxis’ website. Customers are advised to visit the Maxis portal/websites
from time to time for updates and/or changes to Services and/or terms and conditions.
3. The activation fee collected upon subscription is not refundable if you discontinue the Wireless Broadband Service
at any time.
4. In East Malaysia, a seven (7) days return policy applies; i.e. should you opt to discontinue the Wireless Broadband
Service within the 7 days cooling off period and opt to return the modem (and its packaging) in good condition to
Maxis, you will get a refund of the activation fee.
5. The Service speed is on a best effort basis. Speed depends on factors such as modem capability, location, coverage,
distance from communications tower and number of simultaneous users. The typical average speeds for the
75Mbps 4G LTE USB modem are between 10 to 30Mbps; 42Mbps USB modem are between 2 to 10Mbps; 21Mbps
MiFi and PortaFi modems are between 1 to 5Mbps; 7.2Mbps USB modem are between 500kbps to 2Mbps.
6. Total Internet quota for each Plan is specified during point of sales as contained in the sales material. Once your
allocated internet quota finishes, the speed will be managed to a lower speed until your next billing cycle. To
continue enjoying the Wireless Broadband Service at regular speeds, you can opt for additional quota which can be
purchased
online
via
Wireless
Broadband
Online
Account
Portal
through
https://myaccount.maxis.net.my/wbb/Default.aspx. Customers on the Plan which is packaged with unlimited
Facebook can still experience regular speeds for unlimited access to Facebook, even after the allocated internet
quota finishes.
7. It is mandatory for a customer who purchases the Plan to register his or her CBR (Can Be Reached) mobile number
via Wireless Broadband Online Account portal. Customer has to be connected using their Wireless Broadband SIM
card in order to access the portal.
8. Non-Malaysians will be charged a deposit of RM300 for every Plan subscribed to.
9. For subscription of Wireless Broadband Service with a commitment period, you are required to return the modem
(provided the modem has not been tampered with and its packaging are in good condition) if you discontinue the
service before the commitment period is up. Should you opt to keep the modem, a fee of RM200 will be charged to
you.
10. The Wireless Broadband Service is available in certain coverage areas. Before signing up, please call 1800 82 2888
or check through the Wireless Broadband section of the Maxis Online Store website to determine if you are within
the coverage area.
11. To ensure all our users enjoy quality browsing experience, Maxis will not assure constant connectivity if you use
peer-to-peer or file sharing programs.
12. Every time you log on to the Wireless Broadband Service, a webpage appears to communicate the latest
information and to link you to your account management portal.
52
13. The SIM card must not be used by the customer with any other devices other than the modem provided for the
Service and/or for any other usage contrary to the Service, as may be instructed by Maxis from time to time in any
form of notification either via its website or public announcement. Maxis reserves the absolute right to suspend
and/or terminate the Service if the SIM card is used in any other customer devices.
14. The modem is provided under these Terms and Conditions on a “while stocks last” basis. The modem comes with a
1 year warranty. Please visit your nearest Maxis Centre should you have any issues with the modem. The modem
warranty does not cover, SIM holder, and modem holder) (b) damage, loss or defects caused by any act, omission,
misuse, negligence including usage of the modem contrary to instructions provided by Maxis or the manufacturer
(e.g. as set out in the modem’s user guide) and/or (c) other acts beyond the reasonable control of Maxis.
15. The Plan applies to local data usage only, whereby the following services are excluded: Local and International
Voice/SMS services and International Data Roaming Call usage charges, SMS usage charges and additional services
as subscribed by you shall be charged in addition to the Plan’s applicable charges.
16. This Service comes with a 12-month contract with modem included. Also available in a SIM only plan.
17. The modem will be provided subject to the Modem supplier’s terms and conditions.
18. Maxis shall take no responsibility or liability for any hardware, software, equipment or for the modem provided by
the modem supplier/manufacturer or by any third party or for any warranty for the same. You shall take up all such
issues and grievances directly with the modem supplier and such third parties.
19. Any charges and/or modem model mentioned in these Wireless Broadband Terms and Conditions are subject to
change by Maxis from time to time as and when deemed necessary by Maxis.
20. Our Customer Terms as mentioned in the General Terms and Conditions under “Your obligations when you use
the Service” section, in respect of provision of the Wireless Broadband Services shall also apply to the Plan as well.
Customers of the Plan shall be bound to the said Terms and Conditions.
21. These Wireless Broadband Services Terms and Conditions are supplemental to the Our Customer Terms.
22. To discontinue the Service, you can walk in to any Maxis Centre.
2. HOME WIRELESS INTERNET SERVICES – TERMS AND CONDITIONS
1.
The Home Wireless Internet Plan (hereafter referred to as the “Plan”) is only available for Malaysian and foreigners
aged 18 years old and above.
2. An activation fee is applicable for each Home Wireless Internet package subscription which may be subject to
change from time to time as updated on Maxis’ website. Customers are advised to visit the Maxis portal/websites
from time to time for updates and/or changes to Services and/or terms and conditions.
3. A seven (7) days return policy applies. Should you opt to discontinue the Home Wireless Internet Service within the
7 days cooling off period and opt to return the modem (and its packaging) in good condition to Maxis, you will get a
refund of the activation fee.
4. The Service speed is on a best effort basis. The typical average speeds for the 21Mbps modem are between 1 to
5Mbps and 7.2Mbps modem are between 500kbps to 2Mbps. Speed depends on factors such as modem capability,
location, coverage, distance from communications tower and number of simultaneous users.
5. When you reach your subscribed package internet quota, your internet connection will be managed to a lower
speed until the end of your billing cycle. Should you wish to continue to enjoy regular speeds, you may purchase
additional quota via maxis.com.my/myaccount.
6. It is mandatory for a customer who purchases the Plan to register his or her CBR (Can Be Reached) mobile number
via maxis.com.my/myaccount.
7. Non-Malaysians will be charged a deposit of RM300 for every Plan subscribed to.
8. For subscription of Home Wireless Internet with a commitment period, you are required to return the complete set
including modem, phone, chargers, cables etc. (provided that none of the parts have been tampered with and its
packaging are in good condition) if you discontinue the service before the commitment period is up. Should you
opt to keep the complete set, a fee of RM300 will be charged to you.
9. The Home Wireless Internet Service is available in certain coverage areas. Before signing up, please call 1800 82
2888 or check through the Home Wireless Internet section of the Maxis Online Store website to determine if you
are within the coverage area.
10. To ensure our users enjoy quality browsing experience, Maxis will not assure constant connectivity if you use peerto-peer or file sharing programs.
11. Every time you log on to the Service, a webpage may appear to communicate the latest information and to link you
to your account management portal.
12. The SIM card must not be used by the customer with any other devices other than the modem provided for the
Service and/or for any other usage contrary to the Service, as may be instructed by Maxis from time to time in any
form of notification either via its website or public announcement. Maxis reserves the absolute right to suspend
and/or terminate the Service if the SIM card is used in any other devices.
53
13. The modem and phone are provided under these terms and conditions on a “while stocks last” basis. The modem
and phone come with a 1 year warranty. Please visit your nearest Maxis Centre should you have any issues with
the modem or phone. The warranty does not cover (a) normal wear and tear (including, without limitation, wear
and tear of modem cover, SIM holder, and modem holder) (b) damage, loss or defects caused by any act, omission,
misuse, negligence including usage of the modem contrary to instructions provided by Maxis or the manufacturer
(e.g. as set out in the modem’s user guide) and/or (c) other acts beyond the reasonable control of Maxis.
14. The modem and phone will be provided subject to the Supplier's terms and conditions.
15. The Plan applies to local data usage only, whereby the following services are excluded: Local and International
Voice/SMS services and International Data Roaming Call usage charges, SMS usage charges and additional services
as subscribed by you shall be charged in addition to the Plan’s applicable charges.
16. You are allocated free minutes in your package, should you exceed the allocated minutes, you will be charged
according to the prevailing rates. For rate charges, log on to the Home Wireless Internet section under the Notes
section of the respective products.
17. This Service does not support Fax service.
18. For existing Maxis customers or customers who have contracts or subscriptions with other service providers, Maxis
will not bear any penalty fees that may be charged should you terminate your service before the end of your
contract or subscription period with Maxis or the said service provider.
19. Maxis shall take no responsibility or liability for any hardware, software, equipment or for the modem and phone
provided by the suppliers/manufacturers or by any third party or for any warranty for the same. You shall take up
all such issues and grievances directly with the modem and phone suppliers and such third parties.
20. Any charges and/or modem model mentioned in these Home Wireless Internet Terms and Conditions, are subject
to change by Maxis from time to time as and when deemed necessary by Maxis.
21. Our Customer Terms as mentioned in the General Terms and Conditions under “Your obligations when you use
the Service” section, in respect of provision of the Wireless Broadband Services shall also apply to the Plan as well.
Customers of the Plan shall be bound to the said Terms and Conditions.
22. These Home Wireless Internet Services Terms and Conditions are supplemental to the Our Customer Terms.
23. To discontinue the Service, you can walk in to any Maxis Centre.
54
PART F. MAXIS FAIR USAGE POLICY
Fair Usage Policy
A.
1.
Introduction
6.
This Fair Usage Policy ("Policy") sets out an acceptable level of conduct between Maxis Broadband Sdn Bhd or Maxis
Mobile Services Sdn Bhd (both shall be referred to as "Maxis") and its customers using, including but not limited to, the
Maxis Broadband internet service, Wireless Broadband Services and Home Wireless Internet Services. Maxis believes
that all internet users should be responsible in their usage and how it affects other users.
Whilst connection is "always on" for each customer, the available bandwidth is shared by all customers active at a
particular point in time. A small portion (about 1%) of customers use a very large portion (about 30%) of bandwidth
based on our data and that from other broadband service providers.
If the customer needs a 1:1 service and exclusive access to their bandwidth then the customer will need an internet
leased line where there is no contention until the World Wide Web router.
To overcome this biasness, this Policy is in place to ensure all Maxis’ customers have a good experience.
Maxis may, from time to time, change this Policy without further notice to its customers. Please visit the Maxis
Broadband web page periodically to determine any changes to this Policy.
This Policy supplements the Maxis Broadband Terms & Conditions and the General Terms and Conditions.
B.
Unlawful Activities
1.
In using the Maxis Broadband service and/or any other internet access service that may be provided by Maxis, you
must conform to the laws of Malaysia and will not knowingly permit any illegal use or such use that will discredit
Maxis. This includes NOT:
2.
3.
4.
5.











sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading,
downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful,
harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or
any other rights of any person;
using for commercial purposes, unless you are on the Office Packages;
sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or
services, or conducting or forwarding surveys, contests or chain letters;
knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that
contain viruses, corrupted files, or any other similar software or programs) which is known or likely to cause,
interrupt, damage, destroy or limit the functionality of any computer software, hardware or
telecommunications equipment owned by Maxis or any other internet user or person;
allowing activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any
person;
allowing activities that are in breach of any other third party’s rights, including downloading, installation or
distribution of pirated software or other inappropriately licensed software, deletion of any author
attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the
origin or source of any software or other material;
allowing anything that may disrupt or interfere with Maxis’ network or services or cause a host or the
network to crash;
launching "denial of service" attacks, "mail-bombing" attacks, "spamming" or "flooding" attacks against a host
or network;
making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving
large volumes of email or excessively large mail attachments;
circumventing the user authentication or security process of a host or network;
creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
C.
Security
1.
2.
Each customer is responsible for ensuring that his/her User ID and/or password, at all times, remain confidential.
Maxis may request that the customer change his User ID and/or password if deemed necessary.
55
3.
4.
5.
6.
7.
The customer shall not disclose his/her User ID and/or password to any third party, or use the same for any purpose
connected with the improper use of the network including accessing or attempting to access other parts of the
services for which you do not have access rights.
The customer is responsible for taking all reasonable steps necessary to prevent a third party from obtaining access to
the network.
The customer must immediately advise Maxis if they become aware of any violation or suspected violation of these
provisions.
The customer is responsible for the set-up and security of his/her computer and any servers that they may run on their
computer.
Maxis strongly recommends that customers protect their computers with antivirus software.
D. General Use of Service and Abuse
1.
2.
3.
4.
5.
6.
7.
8.
Each customer must be at least 18 years old to be a Maxis customer. Sub-users under this age must have permission
from the account holder to access the Maxis Broadband service. Before using the Maxis Broadband service, the person
must obtain permission from the registered customer.
The customer must not run port-scanning software on any, including but not limited to, Maxis Broadband service,
Wireless Broadband Services and Home Wireless Internet Services.
The customer must not attempt to gain unauthorised access to any computer system.
The customer must not undertake any activity that has an adverse effect on the including but not limited to, Maxis
Broadband service, Wireless Broadband Services and Home Wireless Internet Services or its customers.
The customer may not use their including but not limited to, Maxis Broadband service, Wireless Broadband Services
and Home Wireless Internet Services connection to run programs or servers that provide network content or
connectivity to any third party not at the location where the connection is installed. Examples of prohibited programs
include, but are not limited to, mail, FTP, HTTP, game, newsgroup, proxy, and IRC servers.
The customer may not resell or otherwise charge others for the use of their internet connection. This service is for
recreational, residential, personal use only and may not be used for operations of an internet service provider.
Office Package customers may host one (1) email (POP3, SMTP, and/or IMAP) and/or one (1) web (HTTP and/or HTTPS)
server for the sole use of that organization. These servers may not be used to host other services through the wireless
connection or host email or web services for other organizations.
Maxis may, at its sole discretion, automatically disconnect the customer’s internet session after a period of inactivity,
which may vary from 20 minutes to 30 minutes. This automatic disconnection is to allow maximum network
performance.
E.
Fair Usage
1.
At Maxis, we want our broadband service to be fast and available for our customers at all times. This clause is designed
with that goal in mind. Maxis views the vast majority of customers should not suffer from a slower service because of a
very small number of high bandwidth users.
Peer-To-Peer and File Sharing Software
2.




F.
Certain software/applications which is used by a small number of customers to send and receive files containing
very large amounts of data (including without limitation traffic from peer-to-peer software/applications (such as
Bit Torrent, eDonkey, Gnutella) or file sharing software (such as Limewire). These activities may cause network
congestion and can negatively impact the speed at which other customers can access the internet.
Maxis does not guarantee a service level and/or connectivity to users of peer-to-peer or file sharing
software/applications.5.2.3 The system that is used to provide the Maxis Broadband service can identify very high
bandwidth users and Maxis seeks to manage the customer’s usage by throttling their bandwidth to a much lower
broadband speed to ensure fairness to all customers.
The customers are reminded that the software (as mentioned in section 5.2.1 above) allows the download of
illegal content which Maxis prohibits, which is an infringement of copyright and/or intellectual property rights and
rightful owners of such copyright and/or intellectual property rights may take measures to prosecute. Each
individual download can be traced by the customer’s IP address back to the customer’s account with Maxis.
Maxis reserves the right to release customer information pursuant to any copyright (and/or intellectual property
right) infringement if it is required to do so by any law, regulatory body or court of law.
Excessive Usage
56
1.
2.
Each customer’s total usage per month shall NOT exceed the stipulated amount of data volume transmitted (total
upload and download usage). This is to ensure that no individual hogs the bandwidth at all times.
Maxis reserves the right to reject the said application or charge for any additional data volume transmitted from what
is already allocated.
G. Enforcement on Breach of Policy
1.
2.
In respect of the customers who are in violation of this Policy, Maxis may, at its option and discretion, have their
bandwidth managed, service suspended or terminated (with or without notice as Maxis considers appropriate).
To report any illegal or unacceptable use of including but not limited to, Maxis Broadband service, Wireless Broadband
Services and Home Wireless Internet Services, please send an email to customercare@maxis.com.my.
57
PART G. MAXIS BROADBAND TERMS AND CONDITIONS
1. Definition and Interpretation
1.1. The following words have these meanings in this Agreement, unless the contrary intention appears:
"Addendum" means any addendum or supplements executed by the Customer and accepted by Maxis for additional or
supplemental services.
"Agreement" means the agreement for the Services made between Maxis and the Customer in accordance with Our
Customer Terms, the Registration Form, the Addendum and other documents, which are expressly agreed to form part of
the Agreement.
"Customer" means the individuals, sole proprietorship, partnership, company or entity specified in of the Registration Form
whose application for the Services has been accepted by Maxis.
"Customer Equipment" means the equipment, software and all facilities to be procured, installed and maintained by the
Customer at the Customer's premises in order to use the Services, including without limitation, cabling and wiring required
to connect the Customer Equipment to the Maxis Network as well as the horizontal cabling from the Customer's premises
to the Maxis Network.
"Donor Network Operator" / "DNO" means a mobile service provider from which a Mobile Number has been or is to be
ported out.
"Equipment" means the equipment leased by the Customer from Maxis for the provision of Services by Maxis to the
Customer.
"Initial Term" shall have the meaning as set out in Clause 11.1.
"Internet" means a global network of interconnected computer networks, each using the Transmission Control
Protocol/Internet Protocol and/or such other standard network connection protocols as may be adopted from time to time,
which is used to transmit content that is directly or indirectly delivered for display to an end user whether such content is
delivered through on-line browsers, off-line browsers or through "push" technology, electronic mail, broadband
distribution, satellite, wireless or otherwise.
"Log-on Detail" means the user identification detail and accompanying password supplied to the Customer under this
Agreement for access to the Services.
"Maxis" means Maxis Broadband Sdn Bhd (234053-D) for Wired Broadband Services; and Maxis Mobile Services Sdn Bhd
(73315-V) for Wireless Broadband Services including its successors and assigns.
"Maxis Network" means equipment, software and facilities operated by Maxis to enable the provision of the Services to the
Customer.
"Maxis' Website" means the website operated by Maxis located at http://www.maxis.com.my/broadband or such other
URL as may be notified by Maxis to the Customer from time to time.
"Maxis Working Hours" means 9am to 6pm on Monday to Friday, excluding public holidays in Kuala Lumpur and Selangor or
such other working hours that may be notified by Maxis to Customer from time to time.
"Mobile Number" means Mobile Station International Subscriber Directory Number (MSISDN) provided to the Customer for
enabling the Services.
"Mobile Number Portability" / "MNP" means the ability for Customers to change from one mobile service provider to
another and retain their Mobile Number.
"Our Customer Terms" means this Maxis Broadband Terms and Conditions, Maxis Fair Usage Policy and the General Terms
and Conditions, collectively.
58
“Personal Data” includes the Customer Information required for purposes of applying and registering for the Services and
all data relating to the provision of the Services offered to the Customer by MAXIS including but not limited to the call data
records or reports related thereto, including any expression of opinion about the Customer.
"Port or Porting" means the transfer of Customer's Mobile Number from one service provider to another service provider.
"Recipient Network Operator" means a service provider to which a Mobile Number has been or is to be ported in.
"Related Corporations" means the related corporations as defined under the Companies Act, 1965 and include their
respective employees and directors.
"Registration Form" means the Customer's duly completed application for registration to subscribe to the Services which
has been accepted by Maxis, the form and content of which as set out overleaf.
"Services" means the high speed connectivity to the Internet either Wired Broadband or Wireless Broadband using various
technologies which may be upgraded or introduced from time to time as provided by Maxis to the Customer pursuant to
the Agreement and any value added supplemental or additional features or services that may be provided by Maxis from
time to time.
"Services Charges" mean the recurring charges payable by the Customer to Maxis for the provision of the Services as
specified or determined in accordance with the Agreement.
"Service Commencement Date" means the date the Services are made available to the Customer as notified by Maxis to
Customer.
"SIM Card" means either a card or plug-in module with a microchip which contains all necessary Customer information,
which is to be inserted into the Equipment in order for a call to be made and for the Customer to access the Wireless
Broadband Services.
"SKMM" means the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM), also known as Malaysian Communications
and Multimedia Commission, established under the Malaysian Communications and Multimedia Commission Act 1998
(CMA 1998).
"Wired Broadband" means high speed Internet using Asymmetric Digital Subscriber Line (ADSL) technology or any other
technology as may be introduced by Maxis from time to time.
"Wireless Broadband" means mobile wireless connection to the Internet.
1.2. In the Agreement, unless the contrary intention appears:
1.2.1. a reference to a statutory provision includes that provision as modified or re-enacted from time to time so
far as such modification or re-enactment applies or is capable of applying to any transaction entered into,
under or in connection with the Agreement;
1.2.2. the singular shall include plural and vice versa;
1.2.3. a reference to a person includes the person's executors, administrators, successors, substitutes (including,
without limitation, persons taking by novation) and assigns;
1.2.4. words denoting one gender include all genders and words importing persons shall include firms,
associations, bodies corporate and unincorporated;
1.2.5. a reference to "day(s)" shall mean a twenty-four (24) hours period as in calendar day and a reference to
"business day(s)" shall mean any day where commercial banks are open for business in Malaysia, excluding
Saturdays, Sundays and public holidays in Kuala Lumpur and Selangor; and where more than one (1) party is
referred to as "Customer", their obligations are joint and several.
1.3. Headings are inserted for convenience only and do not affect the interpretation of the provisions of the Agreement.
1.4. No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
1.5. Where any thing is due to be done on a day which is a not a business day, it must be done on the next business day.
1.6. References to the Agreement shall mean the Agreement as amended from time to time in accordance with the
provisions
herein.
2.
PROVISION OF SERVICE
59
2.1. To subscribe and establish connection to the Service, the Customer may lease the Equipment to be connected to the
Customer Equipment or purchase the equipment at their own cost.
2.2. Subject to acceptance by Maxis of the Customer's application for the Services, Maxis agrees to provide the Services to
the Customer, in accordance with the terms and conditions of the Agreement within the coverage areas to the
Wireless Broadband and Home Wireless Internet sections under the Maxis Online Store and such other areas as may
be included by Maxis from time to time.
2.3. Unless otherwise indicated in this Agreement, the Services shall not include the provision or maintenance of any the
Customer Equipment required by the Customer to connect to the Maxis Network. The Customer agrees that Customer
shall be solely responsible for procuring and maintaining the Customer Equipment.
2.4. Maxis does not guarantee or warrant the availability of the Services or continuous, uninterrupted or secure access to
the Internet. Maxis reserves the right to suspend or interrupt the Services or any part thereof at any time for
operational or technical reasons or in an emergency or in accordance with Clause 11, with or without notice to the
Customer.
2.5. Any alteration or customisation to the Service configuration, and/or relocation of Service based on the Customer's
request is chargeable to the Customer at a rate to be specified by Maxis upon the request for such alteration,
customisation and/or relocation. The Customer acknowledges that Maxis has the absolute discretion to deny such
request for alteration, customisation and/or relocation.
2.6. Maxis shall be bound by the prevailing standards and quality of service as prescribed by Malaysian Communications
and Multimedia Commission.
2.7. The Customer is given a seven (7) day cooling off period within which if the Customer returns, for any reason, the
Equipment (and its packaging) in its original condition, Maxis shall fully refund the costs directly incurred to subscribe
for the Service.
3.
CUSTOMER READINESS
3.1. Upon submission of the Customer's application to Maxis, Maxis shall conduct a verification and confirmation exercise
to determine accuracy of the information and if the Service is available at the designated address.
3.2. In the event the Service is not available at the designated address, Maxis may inform the Customer and the Customer's
application will be kept in Maxis' record as a waiter pending availability of the Service in such designated address.
3.3. For the purposes of installation pursuant to Clause 4, the Customer shall ensure that the Customer is ready with all the
basic equipment required, including without limitation, as follows:
3.3.1. Customer Equipment;
3.3.2. any fixed telephone line (where applicable/required);
3.3.3. compliant modem (if the Equipment is not leased from Maxis) or any Equipment certified by Maxis to be
compliant with the Service.
3.3.4. any
other
requirement
by
Maxis
as
may
be
informed
from
time
to
time
4.
INSTALLATION (Optional)
4.1. Upon acceptance of the Customer's application, the parties shall fix an appointment allowing Maxis and/or its
authorised representative and/or registered contractor to perform the installation of the Equipment at the Customer's
designated address for installation stated in the Registration Form.
4.2. The authorised representative and/or registered contractor will then reconfirm the appointment with the Customer to
ensure Customer readiness in respect of the Customer's responsibilities as stated in Clause 3.3. If it is determined that
the Customer is not ready for the purposes of installation, Maxis may allow the Customer to defer the installation date
for a period not exceeding seven (7) days after which the Customer's account will be activated and billed accordingly.
4.3. Once it is determined that the Customer is ready with all the basic requirements stated in Clause 3.3, Maxis and/or its
authorised representative and/or the registered contractor shall confirm the appointment and install the Service at the
designated address of the Customer within seven (7) days from the confirmation thereof.
5.
SERVICE CHARGES
5.1. The Customer shall pay Maxis the Services Charges and such other fees or charges imposed by Maxis in accordance
with Maxis' prevailing policy. The Service Charges payable for the Services shall be as specified at Maxis' Website, or as
otherwise notified to the Customer by Maxis from time to time in accordance with the provisions herein. The Services
Charges shall be payable in advance and at such intervals or at such other time as may be specified by Maxis from time
to time. The Services Charges shall commence from the Service Commencement Date.
5.2. The Customer shall promptly pay to Maxis all charges and such other amount due and payable pursuant to the
Agreement irrespective of whether a demand is made by Maxis and shall continue to be liable for any applicable
charges during the period of interruption or loss of the Services from any cause whatsoever.
60
5.3. All payments due to Maxis under the Agreement shall be made in full, without deduction for any reason, including but
not limited to, set-off, counterclaim or other equitable or lawful claim.
5.4. The Customer shall be responsible for the payment of all taxes, duties (including without limitation, stamp duty
payable on the Agreement), fees and other charges imposed by any government authority in relation to the
Agreement (other than taxes payable on the overall income of Maxis).
5.5. Interest is payable by the Customer on any outstanding charges under the Agreement at the rate of 1.5% per month
on such overdue amounts (whether before or after judgment) and the Customer shall continue to be liable to pay such
amounts, including any accrued interest thereon.
5.6. Save for the Initial Term where the Service Charges is fixed for the duration of the Initial Term, Maxis may at its sole
discretion vary its charges from time to time by written notice to the Customer. All variations will take effect from the
date specified in the notice and the Customer shall be bound to observe and comply with such variations. The Service
Charges for the Initial Term shall be as specified at Maxis' Website on the date of submission by the Customer the
Registration Form to Maxis.
5.7. Any value added, additional or supplement services requested by the Customer and agreed to be provided by Maxis
shall be separately charged by Maxis to the Customer.
5.8. 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 companies (as defined in the
Companies Act 1965) of whatever description towards the reduction or discharge of any sum due to Maxis by
Customer under the Agreement.
5.9. Maxis reserves the right to charge the Customers other fees or charges for, inter alia, any change in package, phone
numbers, transfers, lost/damaged/faulty Equipment and SIM replacement. The Customers may refer to the Maxis'
Website for more information or call Maxis' customer services.
6.
CHANGE OF SERVICE RATE PLAN
6.1. Requests by the Customer to upgrade the Customer's Service rate plan are subject to Maxis' consent. The Customer
hereby agrees to pay for all and any charges incidental to such request.
7.
CUSTOMER'S OBLIGATIONS
7.1. The Customer shall, at its sole expense, procure, install and maintain the Customer Equipment required to facilitate
access to the Services to enable connection to the Maxis Network.
7.2. The Customer shall be responsible for ensuring the compatibility of the Customer Equipment with the Maxis Network.
In the event that changes are introduced to the Maxis Network, the Customer shall be responsible for ensuring the
continued compatibility of the Customer Equipment with the Maxis Network and the Customer shall have no claim
whatsoever against Maxis arising therefrom.
7.3. The Customer Equipment must be configured and run at all times in compliance with the manufacturer's
specifications, including power outlet, power consumption and clearance requirements.
7.4. The Customer shall not:
7.4.1. send or disclose Log-on Details to any person other than Maxis;
7.4.2. store Log-on Details in any form, whether coded or unencoded, in a location where they are capable of
being read by anybody other than the Customer;
7.4.3. share the Service with any person without the prior written consent of Maxis.
7.5. The Customer shall:
7.5.1. use the Service only for the purpose for which it is subscribed;
7.5.2. at all times use only his own Log-on Details for accessing the Services;
7.5.3. be responsible for the secure storage of Log-on Details, including without limitation changing the
Customer's passwords from time to time and shall not reveal the same to any other person;
7.5.4. be responsible for all usage of, and charges for, the Services;
7.5.5. ensure the Customer's readiness for installation of the Service on the appointment date as provided in
Clause 4 herein;
7.5.6. comply with all notices or instruction given by Maxis from time to time in relation to the use of the
Service;
7.5.7. be responsible for obtaining, at the Customer's own cost, all licenses, permits, consents, approvals and
intellectual property or other rights as may be required for using the Service;
7.5.8. comply with the rules of any network to which the Customer has access through the Service;
7.5.9. conform to Internet etiquette that is required by electronic forums including the Maxis' Use of Website,
Rules of Acceptable Use and Privacy Statement, all of which are available at Maxis' Website;
7.5.10. obtain Maxis' prior consent before making any changes to the Maxis Network configuration and
interconnecting the private network to any public network;
61
7.5.11. if not leasing the Equipment from Maxis, purchase the recommended equipment at the Customer's own
cost to enable connectivity of the Service;
7.5.12. pay and settle all Service Charges and any other charges due to Maxis pursuant to this Agreement;
7.5.13. provide true, accurate and complete information as requested in the Registration Form and when
requested by Maxis, from time to time;
7.5.14.
comply with and adhere to the terms and conditions of this Agreement;
7.5.15. comply with and not contravene with any and all applicable laws of Malaysia relating to the Service,
including without limitation Communication and Multimedia Act 1998 and its subsidiary legislation, other
acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies,
which may be amended from time to time;
7.5.16. be responsible to maintain the Equipment leased from Maxis in good condition. In the event the
Equipment is found to be defective/damaged/lost due to the Customer's negligence, the Customer will
have to bear the cost of the Equipment according to its depreciated value which will be determined by
Maxis;
7.5.17. to resell or sublet or transfer the Services and/or the Equipment or otherwise provide the Services and/or
Equipment to anyone without the prior consent of Maxis. It is the responsibility of the Customer to inform
Maxis of the intention to transfer or sell the Service and/or Equipment to a third party prior to the transfer
or sale of the same.;
7.6. The Customer shall not use the Services:
7.6.1. to send unsolicited or unwelcome or bulk electronic mail messages of any kind to anyone or otherwise
cause excessive or disproportionate load on the Services or the Maxis Network;
7.6.2. to gain unauthorised access to any computer system connected to the Internet or any information
regarded as private by other person;
7.6.3. for any unlawful purposes such as, but not limited to vice, gambling or other criminal purposes whatsoever
or for sending to or receiving from any person or displaying any message or posting which is offensive on
moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing
character;
7.6.4. for any purpose which is against public interest, public order or national harmony;
7.6.5. to send or receive any message which is offensive on moral, religious, racial or political grounds or of any
anxiety to any person;
7.6.6. to publish defamatory, infringing, obscene or other unlawful material;
7.6.7. in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary
rights of any third party or rights of publicity or privacy;
7.6.8. interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer
network without authorisation by the owner of the said service, equipment or computer network;
7.6.9. in violation of any laws relating to unfair competition, anti-discrimination or false advertising;
7.6.10. that result in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar
harmful or deleterious programming routines;
7.6.11. in any manner, which in the opinion of Maxis may adversely affect the use of the Service by other
Customers or efficiency or security as a whole.
8.
SECURITY OF DATA
8.1 The Customer shall take all precautions necessary to protect the Equipment, Customer Equipment, system and data.
8.2 The Customer shall inform Maxis immediately (within 24 hours) if the account or Log-on Detail is stolen or lost. Prior to
such a report being lodged with Maxis, the Customer shall remain responsible for all transactions and access using the
account and/or Log-on Detail by any third party. Maxis shall not be held liable or responsible for any prohibited and/or
unauthorised use of the Service as provided in this Agreement.
8.3 The Customer acknowledges that Maxis shall not be liable for the security of the Customer's data on any of the
Customer Equipment or passing over the Services or the Maxis Network and that Maxis shall have no obligation to
ensure, and makes 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 Services or the Maxis Network through the
Customer Log-on Detail (whether authorised or unauthorised by the Customer).
8.4 The Customer agrees that Maxis and its Related Corporations shall not liable for any unauthorised access to the
Customer's data even where the access occurs as a result of a fault in the Maxis Network or any other equipment or
software owned, operated or supplied by Maxis.
9.
EQUIPMENT
9.1 In respect of the Equipment leased from Maxis, the Customer shall:
62
9.1.1
9.1.2
9.1.3
9.1.4
9.1.5
take appropriate measure to safeguard the Equipment;
properly maintain and keep the Equipment at a safe place;
adhere
to
all
instructions
and
notice
given
by
Maxis
from
time
to
time in respect of the use of the Equipment;
be responsible for repair costs incurred in relation to the Equipment where Maxis determines that the
fault in the Equipment is caused by the Customer;
return and surrender the Equipment to Maxis in good condition (fair wear and tear excepted) upon
termination of the Service.
10. MOBILE NUMBER PORTABILITY/MNP
10.1
The Customer acknowledges and accepts that: 10.1.1 the Mobile Numbers requested for Porting by the Customer must be in the range of Mobile
Numbers as approved by SKMM from time to time;
10.1.2 Mobile Number Porting is subject to existing geographic numbering requirements; and
10.1.3 only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended,
terminated, blacklisted on the defaulters database and/or barred shall not be eligible for Porting;
10.1.4 Maxis may, upon receipt of a Port request from the Customer, notify the Customer by way of
informative messages the progress of the Customer's Port request.
10.2 The Customer is allowed to Port into Maxis for Wireless Broadband Services. However, the Customer agrees and
accepts that all Porting requests are subject to the respective Maxis service terms and conditions for new
registration.
10.3 The Customer acknowledges and accepts that all Customer's Services associated with the Mobile Number provided
by the DNO, including but not limited to, value added services, rate plans, charges and fees will be terminated
when the SIM card of the DNO is deactivated upon the Customer's successful Porting to the RNO and activation of
Maxis's SIM Card. Maxis shall not be held liable or responsible to any Customer or any third party claiming through
a Customer for any loss or damage whether direct, indirect, special or consequential, or for loss of business,
revenue or profits or of any nature suffered by any Customer, or any person authorized by any Customer, or any
injury caused to or suffered by a person or damage to property arising from or occasioned by termination of the
DNO SIM Card and the Customer's services associated with the Mobile Number provided by the DNO.
10.4 The Customer is responsible for identifying the supplementary Mobile Numbers (e.g. voice, fax and data) that the
Customer wishes to Port along with their primary Mobile Numbers and to provide all information necessary to
satisfy Maxis to proceed with the Porting request.
10.5 The Customer expressly consents, acknowledges and agrees that the Customer's request to Maxis to Port the
Customer's Mobile Number represents a notice to terminate the Customer's subscription with the DNO. Maxis shall
not be held responsible or liable for any unsuccessful termination of the Customer's subscription with the DNO and
resulting failure to Port with Maxis.
10.6 In the event of a Port to Maxis, or Port withdrawal or Port reversal to the DNO, Maxis: 10.6.1 is not responsible for any period of outage of the Customer's mobile service or any related ancillary
services;
10.6.2 is not liable to the Customer or any person claiming through the Customer for any damage, loss,
costs or expenses or other liability in contract or tort or otherwise direct or indirect, for or in
relation to the Port, or Port withdrawal or Port reversal, for any reason whatsoever;
10.6.3 will not refund the Porting fee.
10.7 The Customer shall be responsible to fully settle all outstanding bills from the DNO. In the event of non-payment by
the Customer of all outstanding bills from the DNO, the services with Maxis may be disrupted.
10.8 Acceptance of these Services/this Agreement's terms and conditions will only be effective upon activation of the
Ported number by Maxis.
10.9 In addition to Clause 15 of this Agreement and for the purpose of Porting activity, the Customer expressly
authorizes Maxis to provide information regarding the Customer's Mobile Number to be disclosed to other
telecommunication service providers to enable the transfer of the Customer's Mobile Number from one
telecommunication service provider to another.
10.10 The Customer acknowledges and accepts that any fees paid for Porting are non-refundable.
11. TERMS, SUSPENSION AND TERMINATION
11.1. The Agreement shall commence on the Service Commencement Date and shall continue until terminated by the
Customer or until terminated by Maxis pursuant to the Agreement.
11.2. Maxis may at any time discontinue the Services or any part thereof or terminate the Agreement without having to
give any reason by giving thirty (30) days prior written notice to the Customer. Maxis shall have no liability to the
63
11.3.
11.4.
11.5.
11.6.
11.7.
11.8.
11.9.
Customer for discontinuance of the Services or any part thereof or termination of the Agreement pursuant to this
Clause except to refund to the Customer within thirty (30) days from the effective date of discontinuance or
termination (as the case may be) any advance Services Charges paid by the Customer to Maxis for such part of the
Services discontinued or for the period after the effective date of discontinuance or termination (as the case may
be).
In the event the Customer:
11.3.1. fails to pay in full any sums or charges due and payable pursuant to the Agreement within seven (7)
days of the relevant due date for payment; or
11.3.2. is otherwise in default of its obligations under the Agreement and has not remedied the default
within fourteen (14) days of receipt of written notice from Maxis requiring remedy of such default;
or
11.3.3. is insolvent or takes any corporate action or other steps are taken or legal proceedings are
commenced from its winding up, liquidation or dissolution (other than for purposes of solvent
reconstruction on terms approved by Maxis) or for the appointment of a receiver, receiver and
manager, official manager, liquidation, provisional liquidator, trustee, or similar officer over the
Customer or any or all of its revenues or assets; then Maxis shall be entitled by written notice to the
Customer to treat such failure, breach or default as a repudiation of the Agreement and to
immediately terminate the Agreement and the Services.
Without prejudice to Maxis' rights under Clause 11.3, Maxis may at its sole discretion elect to suspend the Services
or any part thereof, with or without notice to the Customer, if it considers that the Customer has breached any of
its obligations under the Agreement. Any such suspension shall not be a breach by Maxis of the Agreement. All
charges shall remain due and payable during such period of suspension by Maxis of the Services. In the event of a
suspension, Maxis reserves the right to charge the Customer a fee of RM10.00 (which is subject to change from
time to time) for the re-commencement of the Services.
Maxis reserves the right to restrict access to the Service, suspend or terminate a Customer who consistently uses
the Service to download or upload extremely high volume data. For the avoidance of doubt, the Service is not
designed for consistent or extremely heavy users, particularly use of peer-to-peer applications or consistent use of
any other applications that may or will have a detrimental affect on Maxis Network's performance and/or other
customer's use of the Service.
Any suspension of Service by Maxis pursuant to the provisions of this Agreement shall not prejudice the right of
Maxis to continuously bill the Customer for the Service Charge for the remaining duration of the Initial Term and/or
recover all other charges, costs and interests due and other incidental damages incurred thereto.
In the event Maxis is in material default of any of its obligations under the Agreement and has not remedied the
default within thirty (30) days of receipt of written notice from the Customer requiring the remedy of the default,
the Customer may, by written notice to Maxis, be entitled to terminate the Agreement forthwith.
On termination of the Agreement by the Customer or Maxis for any reason whatsoever, the Customer shall
immediately pay Maxis (i) all outstanding Service Charges in accordance with the Customer's account with Maxis;
(ii) all charges and amounts due and unpaid as at the termination date and any accrued interests thereon; (iii) the
cost of the Equipment if is not returned in good condition, fair wear and tear excepted; and (iv) a handling fee of
RM200 if the Service is terminated within twelve (12) months from the date of registration by the Customer.
Termination of the Agreement by either the Customer or Maxis for any reason whatsoever shall be without
prejudice to any other rights, remedies or claims Maxis may have against the Customer pursuant to the Agreement
or at law or in equity in respect of any antecedent breach by the Customer of any provision of the Agreement.
Unless otherwise expressly provided in the Agreement, all remedies provided for in the Agreement shall be
cumulative and in addition to and not in lieu of any other remedies available to Maxis at law, in equity or
otherwise.
12. INDEMNITY
12.1. Except to the extent of Maxis' negligence, the Customer agrees to indemnify and hold Maxis and its Related
Corporation and their respective employees, officers, suppliers, contractors and agents harmless from and against
any and all claims, demands, damages, costs, charges liabilities and expenses (including attorney's fees and costs)
of every nature directly and indirectly, arising out of or in connection with:
12.1.1.
any claims for libel, invasion of privacy, infringement of patent, trademark, copyright or
intellectual property right or other proprietary right, breach of confidence or breach of any law or
regulation whatsoever arising from or attributable to the Customer Equipment, Customer data or
the use of the Services (whether with or without Customer's authorisation);
12.1.2.
the use of the Services by a person using the Logon Details with, or without, the Customer's
authority;
12.1.3.
any non-compliance with any provisions of this Agreement by the Customer;
64
12.1.4.
12.1.5.
any negligent or wilful act of the Customer or any of its officers, employees, contractors or agents
which would have been a breach of this Agreement if performed by the Customer using the Logon Details; and
any damage to property or personal injury (including death) arising from or in connection with the
Customer
Equipment.
13. CUSTOMER'S WARRANTIES
13.1.
The Customer warrants that:
13.1.1.
it has the power to enter into and observe all its obligations under the Agreement;
13.1.2.
all consents, qualifications and authorisations from all necessary government and other
authorities for the performance by the Customer of its obligations hereunder have been duly
obtained and are in full force and effect; and
13.1.3.
the execution, delivery and performance by the Customer of the Agreement have been duly
authorised by all necessary corporate action and that the Agreement constitutes a valid and
effective and legally binding contract and shall be enforceable against the Customer in
accordance with the terms herein.
13.2. The Customer hereby agrees to indemnify and shall keep indemnified Maxis from any loss, damage, liability or
expenses arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of
confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted,
received or stored via the Services or part thereof and from all other claims arising out of any act or omission of the
Customer or any unauthorized use or exploitation of the Services or part thereof.
13.3. The Customer shall not use the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any
person.
13.4. The Customer undertakes to inform Maxis immediately of any change of the Customer's information provided in
the Registration Form, failure to do so shall constitute a breach of terms and conditions of this Agreement and
Maxis reserves the right to suspend, disconnect the Service or terminate this Agreement.
14. DISCLAIMERS AND LIMITATION OF LIABILITY
14.1. 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 and its Related Corporations 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.
14.2. 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.
14.3. The cessation of the obligation of the Customer to pay the Service Charges shall be the sole remedy of the
Customer on termination of the Agreement for any reason whatsoever pursuant to any of the provisions of the
Agreement and the Customer hereby irrevocably waives any and all rights and remedies available to it at law or in
equity.
14.4. Notwithstanding anything to the contrary herein contained, in no event shall Maxis, its Related Corporation and
their respective Personnel or suppliers be liable to the Customer in contract, tort (including negligence whatsoever)
or otherwise in respect of any claim brought by a third party or by the Customer whatsoever for any loss of profit
or revenue or loss of business or loss of data or for interrupted or suspended communications or for any direct,
indirect, special, incidental, consequential damages, or for any injury caused or suffered by a person or damage to
property or any damages arising out of or in connection with the Services or the Agreement, whether or not Maxis,
its Personnel or suppliers was or should have been aware of the possibility that such damage or loss would occur.
The aforesaid limitation and exclusion shall apply to the fullest extent permitted by law.
14.5. The exclusion referred to in Clause 14.4 applies to any action giving rise to an obligation, duty or liability even if the
action was not authorised or capable of being authorised by the Customer.
14.6. Maxis and/or its Related Corporations shall not be liable for, and the Customer agrees to indemnify Maxis and/or
its Related Corporations against all claims, losses, liabilities proceedings, demands, costs and expenses (including
legal fees) which may result or which Maxis and/or its Related Corporations may sustain in connection with or
arising from the provision of the Services to the Customer.
65
14.7. Without prejudice to the foregoing, the Customer agrees that the total amount of damages payable by Maxis
and/or its Related Corporations shall not at any time exceed the Service Charges paid to Maxis by Customer over
the twelve (12) months period prior to the date of the cause of action arising. This limitation of liability is
cumulative
and
not
per
incident.
15. PERSONAL DATA
15.1. The Customer acknowledges that Maxis and/or its Related Corporations collect, use, disclose and otherwise
process Personal Data as set out in the Maxis Privacy Statement.
15.2. Maxis may update the Maxis Privacy Statement from time to time. When it changes the Maxis Privacy Statement in
a material way, it will post notice of this at http://store.maxis.com.my and www.maxis.com.my and will also
attempt to notify the Customer directly using either email, SMS or post.
15.3. The Customer will be deemed to have consented to the use of their Personal Data in the manner set out in the
Maxis Privacy Statement by submitting their Personal Data and using the Services.
16. NOTICES
16.1. Any legal notices or communications to be given by Maxis to the Customer under the Agreement shall be in writing
and sent to its last known address or facsimile number. Any notice given by the Customer to Maxis shall be in
writing and sent to Maxis Broadband Sdn Bhd (for Wired Broadband Services) or to Malaysian Mobile Services Sdn
Bhd (for Wireless Broadband Services), Level 18, Menara Maxis, Kuala Lumpur City Centre, 50088 Kuala Lumpur or
to any other address notified by Maxis from time to time or fax to Maxis at +603 2330 0008 (Attention: Head of
Broadband Division) or to any other fax number notified by Maxis from time to time. A copy of the said notice shall
in addition be sent by the Customer to the Maxis General Counsel Legal Department or faxed accordingly at +603
2330 0576 or to any other fax number notified by Maxis from time to time.
16.2. For operational or technical notices or communications to be given by one party to the other, the party may
contact the other party by telephone or electronic mail at its last known telephone number or electronic mail
address respectively.
16.3.
Any notice given pursuant to this Clause shall be deemed to have been served if:
16.3.1. sent by prepaid registered post, on the second business day after the date of posting;
16.3.2. sent by ordinary post, on the fifth business day after the date of posting;
16.3.3. hand delivered, upon delivery provided it is delivered during Maxis Working Hours on a business
day; or
16.3.4. sent by facsimile, upon completion of transmission.
17. GOVERNING LAW AND JURISDICTION
17.1. The Agreement and the transactions contemplated by the Agreement shall be governed by and construed in
accordance with the laws of Malaysia without reference to its principle of conflict of laws. Disputes arising out of or
related to the Agreement shall be exclusively subject to the jurisdiction of the courts of Malaysia.
17A. COSTS AND TAXES
17A.1 The Customer shall bear the stamp duty on this Agreement.
17A.2 Any costs incurred in relation to preparation and legal review of this Agreement shall be borne by Maxis and the
Customer respectively.
17A.3 The Customer shall bear all government taxes, levies and other costs imposed by law in relation to the provision of
the Service by Maxis. In the event service tax and goods and services tax (“GST”) is applicable to services or
equipment provided Maxis under this Agreement, Maxis is entitled to charge the service tax or GST payable to the
government on the Service and/or any Maxis services or equipment supplied to the Customer and these taxes shall
be added to the bills issued to the Customer.
17A.4
In the event GST is applicable as contemplated by Clause 17A.3 hereinabove, Maxis shall:
(a) provide to the Customer information that may be reasonably required to establish the liability for GST;
and
(b) provide a tax invoice as may be required by the Customer to enable the Customer to claim an input tax
credit under the law applicable to GST.
66
17A.5 If the fees, charges, damages or any other monies due under this Agreement by the Customer to MAXIS is to be
recovered through any process of law or if the said monies or any part thereof shall be placed in the hands of
solicitors for collection, the Customer shall pay (in addition to the said monies) MAXIS’ solicitors fees and any other
fees or expenses incurred in respect of such collection as may be determined by the court of law.
18. GENERAL
18.1. Maxis may from time to time upon giving prior notice to the Customer, make any alterations to the Services or vary
the terms and conditions of the Agreement. The Customer's continued use of the Services after the effective date
of such alteration or variation shall constitute irrevocable and unconditional acceptance of such alteration or
variation by the Customer. If the Customer does not accept such alteration or variation, the Customer shall be
entitled to terminate the Agreement by giving written notice to Maxis prior to the effective date of such alterations
or variations.
18.2. A provision or a right created under the Agreement may not be waived except in writing signed by the party
granting the waiver. No delay or omission by either party to exercise any right or power under the Agreement shall
impair such right or power or be construed to be a waiver thereof. A waiver by any party of any of the obligations
to be performed by the other party or any breach thereof shall not be construed to be a waiver of any succeeding
breach thereto or of any other obligation.
18.3. Maxis may assign or novate any of its rights or obligations under the Agreement to any third party by notice to the
Customer without the Customer's consent. The Customer may not assign or novate any of its rights and obligations
under the Agreement without Maxis' written consent.
18.4. In the event of a conflict or inconsistency between the Registration Form and these terms and conditions and the
Addendum, such inconsistency shall be resolved by giving precedence in the following order: the Addendum, these
terms and conditions and the Registration Form.
18.5. The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and
supersedes all previous agreements, understanding, proposals, representing and warranties relating to that subject
matter.
18.6. Those Clauses which by their nature would survive the termination of the Agreement shall so survive, including
without limitation, Clauses 5.3, 5.4, 5.5, 11.2, 11.3, 11.9, 11.10,12, 15, 15, 18.2, 18.4, 18.6, 18.9, 18.10 and 18.11.
18.7. Time is of essence in performance hereunder and a significant and material term hereof.
18.8. Maxis shall be not be liable for failure to perform its obligations under the Agreement caused by an act of God,
insurrection or civil disorder, war or military operations, national or local emergencies, act or omissions of
government or other competent authorities, industrial disputes of any kind, fire, lightning or explosions, flood,
inclement weather, acts or omissions of persons or entities for whom Maxis has no control over, including third
party suppliers whom Maxis may use to perform the Services or any part thereof, or any cause whether similar or
dissimilar or outside Maxis' reasonable control.
18.9. If any term or provision (other than a term or provision relating to any payment obligation) of the Agreement or
the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable and
the remainder of the Agreement shall be capable of substantial performance, then each term and provision of the
Agreement not so affected shall be valid and enforceable to the extent permitted by law.
18.10. The Customer agrees that the Agreement will be for the benefit of the Customer only and does not confer any
rights or benefits on any third party, including without limitation the Customer's Personnel, and that there are no
third party beneficiaries of the Customer as to this or any part or specific provision of the Agreement.
18.11. Maxis reserves the right at any time to share any information obtained in connection with the Agreement to any
persons and for any reason whatsoever (including without limitation in connection with any marketing activities,
provision of integrated services, credit verification, enquiries or directives from any regulatory, governmental or
other authorities or in connection with any legal proceedings) and the Customer hereby expressly consents to the
same.
18.12. Subject to the provisions of this Agreement, any grievances in respect of the Service may be brought by the
Customer to the Consumer Forum of Malaysia.
67
PART H. MAXIS HOME SERVICES (NOT APPLICABLE FOR WIRELESS BROADBAND
SERVICES)
MAXIS SERVICES TERMS AND CONDITIONS
1.
DEFINITIONS AND INTERPRETATION
1.1 The following words have these meanings in this Agreement, unless the contrary intention appears:
“Act” means the Communications and Multimedia Act, 1998 as amended and/or revised from time to time.
“Activation Date” means the date stated on the Commencement Notice on which the Services and User Account
(hereinafter defined) is made ready and available and are activated for the Customer by MAXIS as more particularly
described in Clause 2.2 of this Agreement.
“Addendum” means any addendum or supplemental executed by the Customer and accepted by MAXIS for additional
or supplemental services.
“Agreement” means the agreement for the Services made between MAXIS and the Customer in accordance with these
terms and conditions, the Registration Form, the Addendum and other documents which are expressly agreed to form
part of the Agreement.
“Charges” means all sums payable by the Customer to MAXIS for the provision of the Services and all matters relating
to the Services at the rate as indicated in MAXIS’ official website or any new rates as may be reviewed at MAXIS’ sole
discretion and updated in MAXIS’ official website from time to time.
"Commencement Notice" means the notice or certificate issued by MAXIS to the Customer specifying the Activation
Date for the commencement of the Services. The Commencement Notice shall also contain the Customer’s Internet
Protocol (IP) address or login name and password, as the case may be.
“Customer” under this Agreement shall mean a natural person other than a minor and shall include a corporate body,
partnership, associations, company, government and/or non-governmental organizations whose application to enter
into this Agreement is accepted by MAXIS and shall include his or its successors and permitted assigns and is
synonymous with the term "subscriber" or "applicant" wherever used in other correspondence or documents.
“Customer Equipment” means the equipment, software and all facilities to be procured, installed and maintained by
the Customer at the Customer’s premises in order to use the Services, including without limitation, cabling and wiring
which is connected to the Maxis Network as well as the horizontal cabling from the Customer’s premises to the Maxis
Network.
“Customer Information” any information provided by the Customer to MAXIS including in the Registration Form as part
of the registration process.
“Designated Address” means the Customer’s installation address for the Services as stated in the Registration Form.
“High Speed Internet” means the high speed internet service which provides connection to the internet with speeds
ranging from 4Mbps and above when compared to normal broadband services (better known as “Broadband to the
General Population” or ‘BBGP’ which delivers bandwidth through wired and wireless technologies at network speeds
ranging
between
384kbps
up
to
4Mbps).
“Internet” means a global network of interconnected computer networks using the Transmission Control
Protocol/Internet Protocol and/or such other standard network connection protocols as may be adopted from time to
time, which is used to transmit content that is directly or indirectly delivered for display to an end user whether such
content is delivered through on-line browsers, off-line browsers or through “push” technology, electronic mail,
broadband distribution, satellite, wireless or otherwise.
68
"Leased Equipment" means equipment which excludes Customer Equipment and may consist of, but is not limited to,
Set-Top Box (STB), Optical Network Terminal (ONT), Residential Gateway (RGW) and Single Line Telephone or Digital
Enhanced Cordless Telecommunications (DECT), Broadband Termination Unit (BTU) or any part thereof and such other
equipment or modem provided by MAXIS on a lease basis to enable usage of the Service by the Customer, as may be
decided by MAXIS from time to time at its sole discretion.
“Log-on Detail” means the user identification detail and accompanying password supplied to the Customer under this
Agreement for access to the Services.
“MAXIS” means collectively (i) Maxis Broadband Sdn Bhd (Company No.: 234053-D); and/or (ii) Maxis Mobile Services
Sdn Bhd (Company No.: 73315-V) for the provision of the Services, including their successors and assigns.
“Maxis Network” means network facilities and/or network services comprising of the system or series of system,
equipment, software and facilities operated and/or owned by MAXIS or through any other network deemed necessary
to enable the provision of the Services to the Customer.
“Maxis’ Website” means the URL http://store.maxis.com.my or such other URL as may be notified by MAXIS to the
Customer from time to time.
“Maxis Working Hours” means 9am to 6.30pm on Monday to Friday, excluding gazetted public holidays or such other
working hours that may be notified by Maxis to Customer from time to time
“Minimum Subscription Period” means the minimum period of twenty four (24) months for the subscription of the
Services by the Customer or such other minimum period as may be determined by MAXIS from time to time, and as
more particularly described in Clause 3 of this Agreement.
“Minister” means the Minister of Information, Communications and Culture or, if different, the Minister administering
the Act.
“Personal Data” includes the Customer Information required for purposes of applying and registering for the Services
and all data relating to the provision of the Services offered to the Customer by MAXIS including but not limited to the
call data records or reports related thereto, including any expression of opinion about the Customer.
“Premises” means any land, building or structure, whether owned, leased or occupied by the Customer at the
Designated Address where the Service is or will be provided.
“Related Corporations” means the related corporations as defined under the Companies Act, 1965 and include their
respective employees and directors.
“Registration Form” means the Customer’s duly completed application for the registration to subscribe for the Services
and which has been accepted by MAXIS.
“Registration Date” means the effective date of this Agreement which is the date upon which MAXIS approves the
Customer’s application for the Services, as more particularly described in Clause 2.1 herein.
“Services” means any and all communications services provided by Maxis including but not limited to High Speed
Internet access service, Wireless Broadband service and any other VAS as may be offered by Maxis from time to time.
“SKMM” means the Suruhanjaya Komunikasi dan Multimedia Malaysia established under the Act.
“User Account” means an account under the name of the Customer in relation to the Services subscribed by the
Customer.
“VAS” means value added services as may be introduced and/or offered by MAXIS to its subscribers from time to time.
1.2 In the Agreement, unless the contrary intention appears:
69
(a)
(b)
(c)
(d)
(e)
(f)
1.3
1.4
1.5
1.6
2.
2.1
2.2
a reference to a statutory provision includes that provision as modified or re-enacted from time to time so
far as such modification or re-enactment applies or is capable of applying to any transaction entered into,
under or in connection with the Agreement;
the singular shall include plural and vice versa;
a reference to a person includes the person’s executors, administrators, successors, substitutes (including,
without limitation, persons taking by novation) and assigns;
words denoting one gender include all genders and words importing persons shall include firms,
associations, bodies corporate and unincorporated;
a reference to “day(s)” shall mean a twenty-four (24) hours period as in calendar day and a reference to
“business day(s)” shall mean any day where commercial banks are open for business in Malaysia,
excluding
Saturdays,
Sundays
and
gazetted
public
holidays;
and
where more than one (1) party is referred to as “Customer”, their obligations are joint and several.
Headings are inserted for convenience only and do not affect the interpretation of the provisions of the
Agreement.
No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
Where any thing is due to be done on a day which is a not a business day, it must be done on the next business
day.
References to the Agreement shall mean the Agreement as amended from time to time in accordance with the
provisions herein.
AGREEMENT PERIOD
This Agreement shall be effective on the Registration Date. MAXIS reserves the right to decline any application for
the subscription of the Services without assigning any reason thereto.
The Services shall commence on the Activation Date as may be indicated on the Commencement Notice issued by
Maxis to the Customer.
3.
MINIMUM SUBSCRIPTION PERIOD
3.1
The Customer shall subscribe to the Services for a period of not less than the Minimum Subscription Period
effective from the Activation Date. In the event of any promotion held by MAXIS for the Services, such other
Minimum Subscription Period may be applicable to the relevant promotions as may be prescribed by MAXIS from
time to time.
This Agreement shall remain in full force and effect for the duration of the Minimum Subscription Period. Upon
expiry of the Minimum Subscription Period, this Agreement will automatically be renewed on a monthly basis
unless earlier terminated by either Party hereto in accordance with the provisions of this Agreement, specifically in
Clause 15.
3.2
4.
4.1
4.2
5.
5.1
5.2
APPLICATION FOR THE SERVICES
Upon submission of the Registration Form, the Customer confirms that all information (and documents) submitted
to MAXIS for the purpose of subscribing to the Services (including the Personal Information) are accurate, true,
current and complete. The Customer undertakes to inform MAXIS of any updates to such Personal Information in
the event of any changes thereto.
In the event the Customer cancels or terminate his order or application for the Services at any time during the term
of this Agreement (whether prior to or after the Activation Date), MAXIS is entitled to charge the Customer the
termination Charges as indicated in the table of rates of charges in MAXIS’ official website.
PROVISIONING OF SERVICES
Subject to Clauses 2.1 and 2.2, MAXIS agrees to provide the Services to the Customer on best effort and as
available basis in accordance with the terms and conditions of this Agreement. Unless otherwise indicated in this
Agreement, the Services shall not include the provision or maintenance for the Customer Equipment. The
Customer agrees that Customer shall be solely responsible for procuring and maintaining the Customer Equipment.
For the provisioning of the Services, MAXIS shall establish the connectivity (including the necessary cabling and
wiring works) from MAXIS Network to the Leased Equipment and/or the Customer Equipment at the Premises. For
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5.8
this purpose, Customer agrees to lease the Leased Equipment from MAXIS and further agrees to pay MAXIS the
Charges for the leasing of the Leased Equipment.
In the event that the Services is not available at the Designated Address, MAXIS may inform the Customer of this
and the Customer’s application will be kept in MAXIS’ record as an application pending availability of the Services
at the Designated Address. Where the Customer’s application is recorded as a pending application, MAXIS makes
no guarantee or warranty to the Customer that the Services will become available at the Designated Address, and
MAXIS shall not be held liable or responsible in the event that MAXIS is unable to provide the Customer with or
facilitate availability of the Services at the Designated Address.
In the event that the Services is available at the Designated Address, MAXIS shall as soon as practicable fix an
appointment for and carry out the installation of the Service and the Leased Equipment for the Customer in
accordance with the provisions in Clause 7 and the terms and conditions of this Agreement, unless specified
otherwise.
The Customer shall at all times ensure continued supply of electricity to the Premises especially during the
installation of the Services. MAXIS shall not be responsible or liable for any problem or interruption in the
installation process of the Services arising or due to any disruption of electricity supply to the Premises.
MAXIS does not guarantee or warrant the availability of the Services or continuous, uninterrupted or secure access
to the Internet.
Without prejudice to any other rights or remedies and notwithstanding any waiver by Maxis of any previous breach
by the Customer, MAXIS may, with or without prior written notice given to the Customer, suspend the Services
(indefinitely or for such period as MAXIS may consider appropriate or until a problem is proved dissolved) for
operational and/or technical reasons or in an emergency situation or in circumstances that concerns national
security, any breach of the Act or by directive of the relevant authority including the SKMM or the Minister.
MAXIS may in its absolute discretion and at any time vary the Services and/or the duration of the Services.
6.
CUSTOMER READINESS
5.3
5.4
5.5
5.6
5.7
6.1
6.2
6.3
6.4
6.5
6.6
6.7
Upon submission of the Customer’s application to MAXIS, MAXIS shall conduct a verification and confirmation
exercise to determine accuracy of the Customer Information together with availability of the Designated Address
provided by the Customer for the subscription of the Service.
Maxis may conduct site assessment at the Premises prior to the installation activity. The Customer shall be briefed
on the installation and cabling guideline and the installation procedure. Customer agrees to adhere to the said
guideline and procedures.
For the purposes of installation pursuant to Clause 7, the Customer shall ensure that the Customer is ready with all
the basic equipment required, including without limitation the following requirements:
(a) Customer Equipment;
(b)
Hubs, Routers, Servers (for Networking purposes);
(c) Sufficient and continued power/electricity supply, unblocked piping for cabling and trunking, Internal
wiring;
(d) Personal computer (with CD Drive and LAN connection card (NIC)) and must conform with the
specifications described by MAXIS upon registration;
(e) DSL Modem (if modem is not leased from MAXIS as part of the package subscribed);
(f) Approval in writing of the developer or building management corporation or the building owner for access
to the Premises, in the event that the Customer’s premises is located at a high rise building that requires
the said approval for the installation of the Service; and
(g) Any other requirement as specified in the Registration Form and/or or upon terms as MAXIS may notify to
the Customer from time to time.
The Customer shall obtain all required consent, permission, license and all the approvals from the developer or the
building management corporation or the building owner for MAXIS to access the Premises and perform the
installation of the Services.
MAXIS shall not be liable in any way whatsoever for any costs, expenses, loss or damage to any property or injury
to any person howsoever caused, whether negligent or otherwise, arising out of any installation activity.
MAXIS and/or its appointed contractor shall not be liable or responsible for any technical problem, loss,
interruption or unavailability of the Service, or other loss or damage suffered by the Customer which arises from or
is caused by the Customer’s Equipment, whether connected to the Leased Equipment or otherwise.
In the event the Customer requests for MAXIS’ appointed contractor to conduct additional cabling or wiring other
than Maxis standard cabling and wiring procedure, or further technical investigation for the purpose of identifying
and/or rectifying any problem arising from the Customer Equipment and MAXIS’ appointed contractor agrees to
render such assistance, the Customer shall bear all the costs and expenses involved and as may be imposed by the
contractor. MAXIS will not be involved or responsible for any fees or charges for such additional services which
71
MAXIS’ appointed contractor may impose on the Customer. MAXIS shall not be liable or responsible for any loss or
damage suffered by the Customer howsoever caused, whether negligent or otherwise arising out of the provision
of additional support services to the Customer and/or in relation to the Customer’s Equipment by any appointed
contractor.
7.
7.1
7.2
7.3
7.4
7.5
7.6
7.7
8.
8.1
8.2
8.3
8.4
INSTALLATION OF THE SERVICES
Upon the Customer’s readiness for the provision of the Services pursuant to Clause 6, the parties shall fix an
appointment (at a mutually agreed date and time pursuant to Clause 7.2 below) allowing MAXIS and/or its
authorised representative and/or registered contractor (“MAXIS’ Installer”) to perform the installation of the
Services including the Leased Equipment at the Customer’s Designated Address for installation. The Customer
consents to MAXIS and/or MAXIS’ Installer to perform all required and necessary works including the cabling and
wiring work for the installation of the Services and the Leased Equipment at the Designated Address.
MAXIS may install the Services within seven (7) days from the Registration Date or the earliest date that is available
for the installation of the Services. Any request for rescheduling or cancellation of the installation appointment date
(if any), shall be communicated to MAXIS within three (3) days prior to the fixed installation appointment date.
MAXIS reserves the right to charge the Customer for any late rescheduling or cancellation request.
The installation of the Services shall at all times be subject to the availability of MAXIS’ Installers.
MAXIS shall only provide surface trunking for the cable wiring within the Customer’s Premises or whenever the
existing underground piping within the Customer’s Premises is blocked. In the case where the Customer requires
concealed cable (for example in cornices, false ceilings, walls for inside premise or under the tiles for outdoor
premise), the Customer shall, at its own costs, be responsible to get its own contractor to carry out the hacking and
concealment work. MAXIS shall set another appointment date for the installation of the Services. Customer will be
charged for the appointment deferment.
The Customer must be present during the site assessment and the installation activity. Alternatively, the Customer
may designate a person aged eighteen (18) years and above to acknowledge the installation of the Services. MAXIS
will not proceed with the installation activity in the absence of the Customer or the designated person.
Maxis shall conduct connectivity testing upon completion of the installation activity. Upon successful completion of
the test, both the Customer and MAXIS shall sign the certificate of acceptance of the Service on the Premises. Such
certification may be deemed as the Commencement Notice. The Charges shall commence upon completion of the
connectivity testing at the Premises.
In the event that the Customer is not ready with the basic equipment and/or requirement as required in Clause 6
above, the installation of the Services will be deferred. The Customer shall resolve any issues (being the cause of the
deferment) and reschedule a new installation appointment within twenty one (21) days from the such cancelled
date, failing which the application for the Services will be cancelled and is deemed terminated. The Customer shall
be charged for such termination of the Services. The Customer may indicate the new preferred date and time for the
installation appointment but the actual appointment date is still subject to the availability of MAXIS’ Installer.
CHARGES AND PAYMENT
The Customer must, throughout the duration of this Agreement:
a) promptly pay all amounts of Charges due to MAXIS as reflected in the official bill statement and for all
Charges whatsoever occasioned by the use of the Services, irrespective of whether such Charges were
authorised by the Customer , had exceeded the Customer’s credit limit or had arisen from any other
causes whatsoever; and
b) continue to be liable for any applicable Charges and fees during the period of interruption, suspension or
loss of the Services or part thereof from any cause whatsoever and cease to utilize the Services or any part
thereof for such period as may be required by MAXIS.
The Customer’s official start billing date will commence from the Activation Date.
Any refundable deposit tied to the Services or any part thereof shall be held to the Customer’s credit and repaid to
the Customer without interest after termination of the Services, and subject to the deduction of any amount due
to MAXIS by the Customer. MAXIS reserves the right to deduct from the refundable deposit any amount due and
payable to MAXIS at any time and may request the Customer to make a further refundable deposit payment
towards maintaining the refundable deposit at the level determined by MAXIS.
The Customer agrees to pay all Charges applicable for the provision of the Services including but not limited to the
deposit Charges, the installation Charges, the monthly subscription Charges, the appointment deferment Charges,
etc. at the applicable rates indicated in the Registration Form or such rates as may be prescribed and informed to
the Customer by MAXIS from time to time via MAXIS’ official website.
72
8.5
The monthly subscription Charge for the Services shall be continuously chargeable and payable by the Customer
from the Activation Date regardless of the usage by the Customer of the Services.
8.6
The Charges for the provision of the Services shall commence from the Activation Date. The Customer shall be
liable for and shall promptly pay to MAXIS, within the time period specified in MAXIS’ bill for the Services, all
Charges, fees, rentals, costs, taxes or other amounts whatsoever as reflected in MAXIS’ bill, notwithstanding that
the Customer may dispute the same for any reason(s) whatsoever.
The Customer has fourteen (14) days from the date of the official bill statement to notify MAXIS in writing of any
valid disputes or errors arising from the official bill statement, failing which the Customer shall be deemed to have
accepted the official bill statement rendered for any period as correct and final.
The Customer hereby acknowledges and agrees that his or her or its obligation to pay promptly all Charges due
and payable as stated in the official bill statement to MAXIS shall not be waived, absolved or diminished by virtue
of:a) the Customer not receiving any official bill statement from MAXIS for any particular billing period; and/or
b) the Customer’s failure or neglect to check, enquire, understand and ascertain the nature of the Services
subscribed or used by the Customer and the applicable charges associated with such Services.
In addition to its obligations under Clause 8.1, it shall be the Customer’s responsibility to:a) request from MAXIS for the official bill statement which it has not received for any given billing period;
b) to check the applicable handbooks or brochures and/or addendums or supplemental thereto made
available by MAXIS from time to time and make the necessary enquiries with MAXIS to understand and
ascertain the nature of the Services subscribed or used by the Customer and the applicable charges
associated with the Services.
In the event the amount stated in MAXIS’ bill or any part thereof remains unpaid after the due date, MAXIS
reserves the right to charge the Customer interest on the sum that remains unpaid as aforesaid at the rate of 1.5%
per month to be calculated from the due date to the date of full payment.
The Customer agrees to bear all legal costs and expenses incurred by MAXIS in recovering any moneys, charges,
costs, and expenses payable by the Customer under the Agreement, and the Customer also agrees to indemnify
MAXIS against all costs, expenses and charges or legal fees incurred by MAXIS in enforcing the Agreement or in
bringing any action or proceeding to recover all charges, costs and expenses payable by the Customer.
The Customer acknowledges and agrees that MAXIS may offset any outstanding payment from the Customer with
any refund of any unclaimed money that may be due to the Customer. For this purpose, ‘unclaimed money’ means
all sums of money which are legally payable to the Customer and have remained unpaid for a period of not less
than one (1) year they have become payable.
8.7
8.8
8.9
8.10
8.11
8.12
9.
9.1
9.2
ALTERATION/MODIFICATION
A request by the Customer for relocation of Services and/or the Leased Equipment shall be considered and treated
as a termination of Service (refer to Termination of Services) and such relocation shall be subjected and treated as
a new installation of the Services.
Any alteration/modification/restoration/investigation to the Service or Service configuration, based on the
Customer's request is chargeable to the Customer at a rate as specified in the Registration Form or any other rate
as may be specified by MAXIS from time to time.
10. CHANGE OF SERVICE PACKAGE PLAN
10.1
10.2
10.3
Subject to Clauses 10.2 and 10.3 hereinafter mentioned, the Customer may upgrade or downgrade the Service
package plan and/or the bandwidth of the Services whether during or after the Minimum Subscription Period,
subject to MAXIS’ prior written approval and the bandwidth availability of MAXIS’ network.
Every request for upgrade in the Service package plan or upgrade or downgrade of the Service bandwidth is
chargeable. All upgrade or downgrade agreed shall be documented to reflect the new requirement and the new
price which shall be payable upon such application to upgrade.
In the event of termination of the Service before expiry of the Minimum Subscription Period, the Customer shall be
liable to pay the upgrade rate of the Service Charges for the remainder of the Minimum Subscription Period.
11. CUSTOMER’S OBLIGATIONS
11.1
11.2
The Customer shall, at its sole expense, procure, install, maintain and be responsible for the Customer Equipment
required to facilitate access to the Services to enable connection to the Maxis Network and the Leased Equipment.
The Customer shall be responsible for ensuring the compatibility of the Customer Equipment with the Maxis
Network and the Leased Equipment. In the event that changes are introduced to the Maxis Network and/or the
73
11.3
11.4
11.5
Leased Equipment, the Customer shall be responsible for ensuring the continued compatibility of the Customer
Equipment with the Maxis Network and/or the Leased Equipment and the Customer shall have no claim
whatsoever against MAXIS arising therefrom.
The Customer Equipment must be configured and run at all times in compliance with the manufacturer’s
specifications, including power outlet, power consumption and clearance requirements.
The Customer shall not:
a) send or disclose Log-on Details to any person other than MAXIS;
b) store Log-on Details in any form, whether coded or un-encoded, in a location where they are capable of
being read by anybody other than the Customer;
c) share the Service with any person without the prior written consent of MAXIS.
The Customer shall:
a) use the Services only for the purpose for which it is intended;
b) at all times use only his own Log-on Details for accessing the Services;
c) be responsible for the secure storage of Log-on Details, including without limitation changing the
Customer’s passwords from time to time and shall not reveal the same to any other person;
d) be responsible for all usage of, and charges for, the Services;
e) ensure the Customer’s readiness for installation of the Services on the appointment date as provided in
Clause 7 herein;
f) comply with all notices or instruction given by MAXIS from time to time in relation to the use of the
Services;
g) comply with the rules of any network to which the Customer has access through the Services;
h) conform to the Internet etiquette that is required by electronic forums including but not limited to MAXIS’
Use of Website, Rules of Acceptable Use and Privacy Statement, all of which are available at MAXIS’
Website and the SKMM rules, regulations and guidelines;
i) be solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals, and
intellectual property or other rights as may be required for using the Services;
j) be solely responsible for all information retrieved, stored and transmitted by the Customer through the
use of the Services;
k) be responsible for ensuring that the Customer Equipment is equipped with network card;
l) obtain MAXIS’ prior consent before making any changes to the Maxis Network configuration and
interconnecting the private network to any public network;
m) provide true, accurate and complete information as requested in the Registration Form and when
requested by MAXIS, from time to time;
n) comply with and adhere to the terms and conditions of this Agreement
o) comply with and not contravene with any and all applicable laws of Malaysia relating to the Services,
including without limitation the Act and its subsidiary legislation, other acts, statutes, by-laws, rules and
regulations issued by relevant government and regulatory agencies, which may be amended from time to
time;
p) provide basic infrastructure for installation of the Leased Equipment including but not limited to internal
wiring and in the event that the Customer is not leasing the Leased Equipment from MAXIS, the Customer
shall be responsible for purchasing the equipment at his own cost to enable connectivity of the Service;
q) be responsible for any change and cost associated to any modification made to the external or internal
wiring for connectivity of the Service. If the Customer conducts any renovation work that obstructs any
access to any drop wire termination point, any necessity for the relocation of drop wire termination points
as determined by MAXIS shall be at Customer’s cost. Save as aforesaid, any costs associated with
relocation of drop wire termination points solely as a result of MAXIS’ requirement shall be borne by
MAXIS;
r) pay and settle all Charges and any other charges due to MAXIS in accordance with this Agreement;
s) abide and adhere to the terms and conditions of this Agreement and any amendments, changes and
variations thereto; and
t) be responsible to maintain in good condition any Leased Equipment by MAXIS. In the event the Leased
Equipment and any part of the Leased Equipment is faulty, lost or damaged due to any fault, act, omission
or negligence of the Customer, the Customer shall bear the cost of the Leased Equipment according to its
depreciated value which shall be determined by Maxis,
u) not resell or sublet or transfer the Services and/or the Leased Equipment or otherwise provide the
Services and/or Leased Equipment to anyone without the prior consent of MAXIS,
v) report immediately to MAXIS upon the discovery of any fraud, theft, loss, unauthorised usage or any other
occurrence of unlawful acts in relation to the Service, Leased Equipment and its use. In this respect, the
Customer agrees to lodge a police report whenever instructed by MAXIS (if one has not already been
lodged) and to give MAXIS a certified copy of such report,
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11.6
w) be present during all appointment dates either for the installation of the Services, restoration of the
Services and/or repossession of the Leased Equipment; and
x) comply with the following additional terms and conditions :
 Maxis Fair Usage Policy; and
 General Terms and Conditions
(collectively 'Our Customer Terms').
The Customer shall not use the Services:
a) to send unsolicited or unwelcome or bulk electronic mail messages of any kind to anyone or otherwise
cause excessive or disproportionate load on the Services or the Maxis Network;
b) to gain unauthorised access to any computer system connected to the Internet or any information
regarded as private by other person;
c) for any unlawful purposes such as, but not limited to vice, gambling or other criminal purposes
whatsoever or for sending to or receiving from any person or displaying any message or posting which is
offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or
menacing character;
d) for any purpose which is against public interest, public order, national or racial harmony;
e) to send or receive any message which is offensive on moral, religious, racial or political grounds or of any
anxiety to any person including a company or a corporation. Transmission of any material in violation of
any international, federal, state or local laws or regulations is prohibited;
f) to publish defamatory, infringing, obscene or other unlawful material;
g) in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary
rights of any third party or rights of publicity or privacy;
h) interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer
network without authorisation by the owner of the said service, equipment or computer network;
i) in violation of any laws relating to unfair competition, anti-discrimination or false advertising;
j) that result in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar
harmful or deleterious programming routines;
k) in any manner, which in the opinion of MAXIS may adversely affect the use of the Service by other
Customers or efficiency or security as a whole.
11.7
The Customer shall freely provide MAXIS with regular feedback, as requested by MAXIS from time to time, in respect of
the Service. Furthermore, the Customer agrees to participate in a survey or a focus group to provide feedback on the
Service.
12.
SECURITY OF DATA, LEASED EQUIPMENT AND CUSTOMER EQUIPMENT
12.1
The Customer shall take all precautions and appropriate measures necessary to protect and safeguard the Leased
Equipment, Customer Equipment, Customer system, data and network.
The Customer shall be responsible for maintaining the confidentiality of his, her or its passwords, if any, (including
without limitation changing his passwords from time to time) and shall not reveal the same to any other person. Where
user identification is necessary to access the Service, the Customer shall use only his, her or its user identification.
The Customer shall inform MAXIS immediately (within 24 hours) if the account or Log-on Detail is stolen or lost. Prior to
such a report being lodged with MAXIS, the Customer shall remain responsible for all transactions and access using the
account and/or Log-on Detail by any third party. MAXIS shall not be held liable or responsible for any prohibited and/or
unauthorised use of the Services as provided in this Agreement.
The Customer acknowledges that MAXIS shall not be liable for the security of the Customer’s data on any of the
Customer Equipment or passing over the Services or the Maxis Network and that MAXIS shall have no obligation to
ensure, and makes 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 Services or the Maxis Network.
The Customer agrees that MAXIS and its Related Corporations shall not liable for any unauthorised access to the
Customer’s data even where the access occurs as a result of a fault in the Maxis Network or any other equipment or
software owned, operated or supplied by MAXIS.
12.2
12.3
12.4
12.5
13.
LEASED EQUIPMENT
13.1
In respect of the Leased Equipment installed by MAXIS, the Customer shall:
a) take appropriate measures to safeguard the Leased Equipment;
b) properly maintain and keep the Leased Equipment at a safe place;
c) adhere to all instructions and notice given by MAXIS from time to time in respect of the use of the Leased
Equipment;
75
13.2
d) be responsible for all costs of repairs incurred in relation to the Leased Equipment in the event it is proven that
any fault in such Leased Equipment whether by act or omission is caused by the Customer;
e) return and surrender the Leased Equipment to MAXIS in the same condition as and when it is provided to the
Customer (normal wear and tear excepted) upon termination of the Service.
f) be liable to pay MAXIS for any Leased Equipment which the Customer fails to return or surrender to MAXIS
upon termination of the Service;
g) not hold MAXIS liable in the event that the Customer’s Equipment and/or other device(s) is/are damaged due
to, including but not limited to, floods, fire, lightning strike or surge of power supply whilst using the Leased
Equipment; and
h) not hold MAXIS liable or responsible in the event that MAXIS is unable to replace or change the Leased
Equipment to a similar model or type as the Customer’s existing Leased Equipment, in respect of which MAXIS
reserves the right to replace the Leased Equipment to any model or type available at the relevant time, at
MAXIS’ sole discretion.
In the event of any interruption, loss or unavailability of the Service and/or any technical faults encountered with the
Leased Equipment, the Customer may request for technical support and basic troubleshooting of the same from MAXIS.
Upon visiting the Customer’s Premises, if MAXIS and/or its appointed contractor determines that such interruption, loss
or unavailability of the Services is not attributable to or caused by any fault in the Leased Equipment or MAXIS’
network, then MAXIS reserves the right to impose Charges at the rate as specified in the Registration Form or any other
rate as may be prescribed by MAXIS from time to time for the visit to the Customer’s Premises.
14.
MAXIS’ RIGHT
14.1
MAXIS and/or its Related Corporations reserves the right to make any alteration or changes to the Services, Leased
Equipment or any part thereof, or suspend the Services or any part thereof without prior notice. MAXIS and/or its
Related Corporations shall not be liable for any loss or inconvenience to the Customer resulting therefrom.
MAXIS reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend the terms and
conditions of the Agreement or any part thereof including the Charges. The Customer’s continued use of the Services
after the effective date of any variation, addition or amendments to the terms and conditions of the Agreement
including the Charges shall constitute unconditional acceptance of such variations, additions or amendments by the
Customer.
MAXIS reserves the right at any time to require the Customer to pay any outstanding amount within seven (7) days
from such notice to the Customer.
Use of the Services is subject to the Customer’s credit limit. Upon the Customer’s request and/or when MAXIS deems fit
in its absolute discretion, the credit limit may be restricted, limited, reduced or increased subject to further terms and
conditions as MAXIS deems fit to impose. MAXIS may in its absolute discretion bar or suspend the Services or part
thereof if the credit limit is exceeded but MAXIS is not obliged to ensure and makes no representation whatsoever that
automatic suspension or barring of the Services or part thereof will occur upon the call and other usage charges
reaching the Customer’s credit limit. It is the Customer’s responsibility to ensure that its calls and other usage charges
do not exceed the credit limit. For the avoidance of doubt, the Customer shall be obliged to promptly pay all call and
other usage charges notwithstanding that the credit limit has been exceeded.
14.2
14.3
14.4
15.
SUSPENSION AND TERMINATION
15.1
The Agreement shall commence on the Registration Date and shall continue until terminated by the Customer or
MAXIS pursuant to this Agreement.
The Services shall commence on the Activation Date and shall continue during the Minimum Subscription Period or any
extension thereof until terminated by the Customer or MAXIS pursuant to this Agreement.
In the event the Customer:
15.2
15.3
a)
fails to pay in full any sums or Charges due and payable pursuant to the Agreement within seven (7) days of
the relevant due date for payment; or
b) is otherwise in default of its obligations under the Agreement and has not remedied the default within
fourteen (14) days of receipt of written notice from MAXIS requiring remedy of such default; or
c) is insolvent or takes any corporate action or other steps are taken or legal proceedings are commenced from
its winding up, liquidation or dissolution (other than for purposes of solvent reconstruction on terms approved
by MAXIS) or for the appointment of a receiver, receiver and manager, official manager, liquidation,
provisional liquidator, trustee, or similar officer over the Customer or any or all of its revenues or assets;
MAXIS shall be entitled by written notice to the Customer to treat such failure, breach or default as a repudiation of the
Agreement and to immediately terminate the Agreement and the Services.
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15.4
Without prejudice to MAXIS’ rights under this Agreement, MAXIS shall be entitled at its absolute discretion to
immediately suspend or terminate the Services or any part thereof or the Agreement, without liability, at any time,
without any notice and may not be required to give any reason whatsoever, including but not limited to the following
reasons:
a) if any technical failure occurs in the Services or Maxis’ Network or the Related Corporations’ network;
b) while the Services are being upgraded, modified or maintained;
c) if the Customer breaches any of the terms and conditions of the Agreement and/or any Addendum;
d) if the Customer does anything which may in MAXIS’ opinion, lead to, including but not limited to, the damage
or injury to the Services or MAXIS’ and/or the Related Corporations network and/or reputation;
e) if MAXIS is required to do so by law, statute, enactment, code or by any relevant authorities including the
SKMM;
f) if it is in MAXIS opinion that the Services, MAXIS’ or the Related Corporations network is or may be used
fraudulently, illegally or for unlawful purposes; or
g) suspension of the Services for the purposes of scheduled preventive maintenance, corrective maintenance and
network upgrading necessary to be carried out on Maxis’ network. MAXIS is not liable for any loss (including
any loss of revenue) by the Customer due to loss of service or connectivity (outage) during the implementation
of the maintenance work.
MAXIS will endeavour to resume the Services as soon as possible if suspension or disconnection occurs for the reasons
set out in Clause 15.4(a) and (b) above. The Customer shall be liable for all applicable Charges during the period of
interruption, suspension or loss of the Services or part thereof from any cause whatsoever.
15.5
15.6
15.7
15.8
15.9
15.10
15.11
MAXIS reserves the right to restrict access to the Services, suspend or terminate the User Account if the Customer
consistently uses the Services to download or upload extremely high volume data. For the avoidance of doubt, the
Services is not designed for consistent or extremely heavy users, particularly use of peer-to-peer applications or
consistent use of any other applications that may or will have a detrimental affect on MAXIS Network’s performance
and/or other customer’s use of the Services.
The Customer shall use the Services within the bandwidth range applied for in the Registration Form. MAXIS reserves
the right at its sole discretion to suspend and/or request the Customer to increase the bandwidth at any time in the
event the Customer’s usage of the Services has exceed the bandwidth range applied for, failing which MAXIS shall not
be responsible for any service degradation.
Any suspension of the Services or any part thereof by MAXIS pursuant to the provisions of this Agreement shall not
prejudice the right of MAXIS to continuously bill the Customer for the Service Charges for the remaining duration of the
Minimum Subscription Period and/or recover all other Charges, costs and interests due and other incidental damages
incurred thereto. MAXIS may in its absolute discretion reconnect the Services, subject to the Customer paying a
reconnection fee, all outstanding amounts due to MAXIS and a refundable deposit as may be required by MAXIS for the
reconnection of the Service.
In the event MAXIS is in material default of any of its obligations under the Agreement and has not remedied the
default within thirty (30) days of receipt of written notice from the Customer requiring the remedy of the default, the
Customer may, by written notice to MAXIS, be entitled to terminate the Agreement forthwith.
In the event of termination of the User Account at any time during the Minimum Subscription Period, the Customer
shall be liable to pay to MAXIS the monthly recurring Charges for the Services for the remainder of the Minimum
Subscription Period within thirty (30) days from the date of such termination.
In the event the termination of the User Account at any time after the expiry of the Minimum Subscription Period, the
Customer shall be liable to pay MAXIS the monthly recurring Charges due up to and including the date of termination of
the Services within thirty (30) days from the date of such termination.
On termination of the Agreement by the Customer or MAXIS for any reason whatsoever, the Customer shall
immediately pay MAXIS and be liable for:
a) all outstanding Charges in accordance with the Customer’s account and/or relating to the Services with MAXIS;
b) all Charges and amounts due and unpaid as at the termination date and any accrued interests thereon;
c) the cost of the Leased Equipment if is not returned in good condition, fair wear and tear excepted.
16.
INDEMNITY
16.1
The Customer undertakes and agrees to indemnify and hold MAXIS and its Related Corporation and their respective
employees, officers, suppliers, contractors and agents harmless from and against any and all claims, demands,
damages, loss, costs, charges, liabilities and expenses (including solicitor’s fees and costs) of every nature directly and
indirectly, arising out of or in connection with, including but not limited to:
a) any claims for libel, invasion of privacy, infringement of patent, trademark, copyright or intellectual property
right or other proprietary right, breach of confidence or breach of any law or regulation whatsoever arising
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16.2
from or attributable to the Customer Equipment, Customer data or the use of the Services or the Leased
Equipment (whether with or without Customer’s authorisation);
b) the use of the Services by a person using the Logon Details with, or without, the Customer’s consent and/or
authority;
c) any non-compliance with or breach of any provisions of this Agreement by the Customer;
d) any negligent or wilful act of the Customer or any of its officers, employees, contractors or agents which would
have been a breach of this Agreement if performed by the Customer using the Log-on Details; and
e) any damage to property or personal injury (including death) arising from or in connection with the Customer
Equipment.
The Customer shall indemnify and keep indemnified MAXIS from any loss, damage, liability or expenses arising from any
claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any
law or regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof
and from all other claims arising out of any act or omission of the Customer or any unauthorized use or exploitation of
the Services or part thereof.
17.
CUSTOMER’S WARRANTIES
17.1
The Customer warrants that:
a) he, she or it has the power to enter into and observe all its obligations under the Agreement;
b) all consents, qualifications and authorisations from all necessary or relevant parties (including but not limited
to developers, building management corporations or building owners) government and other authorities for
the performance by the Customer of his, her or its obligations hereunder have been duly obtained and are in
full force and effect; and
c) the execution, delivery and performance by the Customer of the Agreement have been duly authorised by all
necessary corporate action and that the Agreement constitutes a valid and effective and legally binding
contract and shall be enforceable against the Customer in accordance with the terms herein.
The Customer hereby agrees to indemnify and shall keep indemnified MAXIS from any loss, damage, liability, costs or
expenses arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence
or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via
the Services or part thereof and from all other claims arising out of any act or omission of the Customer or any
unauthorized use or exploitation of the Services and/or the Leased Equipment or part thereof.
The Customer shall not use the Services and/or the Leased Equipment to cause embarrassment, distress, annoyance,
irritation or nuisance to any person.
The Customer undertakes and agrees to inform MAXIS immediately of any change of the Customer’s information
provided in the Registration Form and/or to MAXIS for purposes related to and associated with the Services. The
Customer’s failure to do so shall be a waiver of the Customer’s rights, including the rights to be notified under this
agreement and shall constitute a breach of terms and conditions of this Agreement for which MAXIS reserves the right
to suspend, disconnect the Services or terminate this Agreement.
17.2
17.3
17.4
18.
DISCLAIMERS AND LIMITATION OF LIABILITY
18.1
The Service is provided on an “AS IS” basis and the Customer expressly acknowledges that no condition, warranty or
representation is given or made by MAXIS or the employees, officers, personnel, representatives, customers or agent
(collectively “Personnel”) of MAXIS and its Related Corporations with respect to the Services and/or the Leased
Equipment 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 and/or Leased Equipment; or (ii) as to the
Services and/or Leased Equipment’s 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, Leased Equipment or
materials supplied in connection with the provision of the Services; are hereby expressly excluded to the fullest extent
permitted by law.
The Customer shall exercise discretion when using the Services at all times and MAXIS shall not be held responsible and
hereby disclaims any and all liabilities whatsoever with regard to any information or content accessed through the
Service by the Customer.
Notwithstanding anything to the contrary herein contained, in no event shall MAXIS, its Related Corporation and their
respective Personnel or suppliers be liable to the Customer in contract, tort (including negligence whatsoever) or
otherwise in respect of any claim brought by a third party or by the Customer whatsoever for any loss of profit or
revenue or loss of business or loss of data or for interrupted or suspended communications or for any direct, indirect,
special, incidental, consequential damages, or for any injury caused or suffered by a person or damage to property or
any damages arising out of or in connection with the Services, Leased Equipment or the Agreement, whether or not
MAXIS, its Personnel or suppliers was or should have been aware of the possibility that such damage or loss would
18.2
18.3
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18.4
occur. The aforesaid limitation and exclusion shall apply to the fullest extent permitted by law. The exclusion referred
to here applies to any action giving rise to an obligation, duty or liability even if the action was not authorised or
capable of being authorised by the Customer.
Without limiting the generality of Clause 18.3, MAXIS and/or its Related Corporations shall not be liable for:a)
18.5
18.6
any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and
receipt of material in connection with the Service and any claims arising out of any act or omission of the
Customer in relation to the Service or any part thereof.
b) any loss or damage caused to the Customer as a result of the suspension/barring/termination of the Agreement
and the interruption/loss of the Service or any part thereof from any cause.
c) any loss, distortion or corruption of data arising from the use of the Service to transmit data or for data
communication purposes at any stage of the transmission including any unlawful or unauthorised access to the
Customer’s transmission or data.
d) interruption or unavailability of the service as a result of including but not limited to adverse weather conditions,
electromagnetic interference, equipment failure or congestion in MAXIS’ and/or the Related Corporations’
network or telecommunication systems.
MAXIS and/or its Related Corporations shall not be liable for, and the Customer agrees to indemnify MAXIS and/or its
Related Corporations against all claims, losses, liabilities proceedings, demands, costs and expenses (including legal
fees) which may result or which MAXIS and/or its Related Corporations may sustain in connection with or arising from
the provision of the Services and/or the leased Equipment to the Customer.
Without prejudice to the foregoing, in the event a court or an arbitrator holds or finds MAXIS and/or its Related
Corporations liable to the Customer for any breach or default by MAXIS and/or its Related Corporations, the Customer
agrees that the amount of damages payable by MAXIS and/or its Related Corporations to the Customer shall not at any
time exceed the sum of RM500.00 notwithstanding any order, decree or judgment to the contrary.
19.
PERSONAL DATA
19.1
The Customer acknowledges that MAXIS and/or its Related Corporations collect, use, disclose and otherwise process
Personal Data as set out in Maxis’ Privacy Statement.
MAXIS may update the Maxis Privacy Statement from time to time. When it changes the Maxis Privacy Statement in a
material way, it will post notice of this at http://store.maxis.com.my and www.maxis.com.my and will also attempt to
notify the Customer directly using either email, SMS or post.
The Customer will be deemed to have consented to the use of their Personal Data in the manner set out in the Maxis
Privacy Statement by submitting their Personal Data and using the Services.
19.2
19.3
20.
NOTICES
20.1
Any legal notices or communications to be given by MAXIS to the Customer under the Agreement shall be in writing
and sent to the Customer’s last known address or facsimile number states provided and stated in the Registration Form
submitted to Maxis during the application process for the Services. Any notice to be given by the Customer to MAXIS
shall be in writing and sent to Maxis Broadband Sdn Bhd, Level 18, Menara Maxis, Kuala Lumpur City Centre, 50088
Kuala Lumpur or to any other address notified by MAXIS from time to time or fax to MAXIS at +603 2330 0008
(Attention: Head of Broadband Division) or to any other fax number notified by MAXIS from time to time or as
published in the official website (www.maxis.com.my/personal/general/tnc_highspeedinternet.asp) and/or published
in and/or published in national newspapers in the main languages, published daily and circulating generally throughout
Malaysia, as the case may be. A copy of the said notice shall in addition be sent by the Customer to the MAXIS’ General
Counsel Legal Department or faxed accordingly at +603 2330 0576 or to any other fax number notified by MAXIS from
time to time.
For operational or technical notices or communications to be given by one party to the other, the party may contact the
other party by telephone or electronic mail at its last known telephone number or electronic mail address respectively.
Any notice given pursuant to this Clause shall be deemed to have been served if:
a) sent by prepaid registered post, on the second business day after the date of posting;
b) sent by ordinary post, on the fifth business day after the date of posting;
c) hand delivered, upon delivery provided it is delivered during MAXIS Working Hours on a business day; or
d) sent by facsimile, upon completion of transmission.
20.2
20.3
21.
FORCE MAJEURE
21.1
Without limiting the generality of any provision of this Agreement, MAXIS and/or its Related Corporations shall not be
liable for failure to perform its obligations under the Agreement caused by an act of God, insurrection or civil disorder,
war, military operations or act of terrorism, national or local emergencies, act or omissions of government or other
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21.2
21.3
competent authorities, industrial disputes of any kind, fire, lightning or explosions, flood, inclement weather,
subsidence, acts or omissions of persons or entities for whom MAXIS and/or its Related Corporations have no control
over, including third party suppliers or operators, contractors or agents whom MAXIS may use to perform the Services
or any part thereof, or any cause whether similar or dissimilar or outside MAXIS’ and/or its Related Corporations’
reasonable control.
The parties hereby agree that either party may terminate this Agreement, by giving fourteen (14) days notice to the
other party in the event that the force majeure event which has occurred prevents either party from performing and/or
continuing its obligations for more than a period of sixty (60) days.
Notwithstanding the event of force majeure, the Customer shall remain obliged to pay all fees and Charges which are
outstanding and/or due and payable to MAXIS in accordance with the Agreement.
22.
GOVERNING LAW AND JURISDICTION
22.1
The Agreement and the transactions contemplated by the Agreement shall be governed by and construed in
accordance with the laws of Malaysia without reference to its principle of conflict of laws. Disputes arising out of or
related to the Agreement shall be exclusively subject to the jurisdiction of the courts of Malaysia.
23.
COSTS AND TAXES
23.1
23.2
The Customer shall bear the stamp duty on this Agreement.
Any costs incurred in relation to preparation and legal review of this Agreement shall be borne by MAXIS and the
Customer respectively.
The Customer shall bear all government taxes, levies and other costs imposed by law in relation to the provision of the
Service by MAXIS. In the event service tax and goods and services tax (“GST”) is applicable to services or equipment
provided MAXIS under this Agreement, MAXIS is entitled to charge the service tax or GST payable to the government on
the Service and/or any MAXIS services or equipment supplied to the Customer and these taxes shall be added to the
bills issued to the Customer.
In the event GST is applicable as contemplated by Clause 23.3 hereinabove, MAXIS shall:
a) provide to the Customer information that may be reasonably required to establish the liability for GST; and
b) provide a tax invoice as may be required by the Customer to enable the Customer to claim an input tax credit
under the law applicable to GST.
If the fees, charges, damages or any other monies due under this Agreement by the Customer to MAXIS is to be
recovered through any process of law or if the said monies or any part thereof shall be placed in the hands of solicitors
for collection, the Customer shall pay (in addition to the said monies) MAXIS’ solicitors fees and any other fees or
expenses incurred in respect of such collection as may be determined by the court of law.
23.3
23.4
23.5
24.
GENERAL
24.1
MAXIS may from time to time, make any alterations, variations or changes to the Services and/or the Leased Equipment
or vary the terms and conditions of this Agreement and/or the Maxis Privacy Statement. These terms and conditions for
the Services and the Maxis Privacy Statement are subject to change, and the prevailing terms and conditions and Maxis
Privacy Statement as updated on our official website shall apply and supercede any and all previous versions, including
in these terms and conditions. The Customer is responsible to regularly review information relating to the Services
posted on MAXIS’ official website which may include changes to these terms and conditions of the Services and the
Maxis Privacy Statement. The Customer’s continued use of the Services after the effective date of any change to these
terms and conditions shall constitute irrevocable and unconditional acceptance of such alterations, variations, additions
or amendments by the Customer and the Customer shall be bound by the same. MAXIS shall not be liable for any loss,
damages, costs, expenses or inconvenience to the Customer resulting therefrom. If the Customer does not accept such
alteration, variation or change, the Customer shall be entitled to terminate the Agreement by giving written notice to
MAXIS prior to the effective date of such alterations, variations or changes.
24.2
A provision or a right created under this Agreement may not be waived except in writing signed by the party granting
the waiver. No delay or omission by either party to exercise any right or power under the Agreement shall impair such
right or power or be construed to be a waiver thereof. A waiver by any party of any of the obligations to be performed
by the other party or any breach thereof shall not be construed to be a waiver of any succeeding breach thereto or of
any other obligation.
MAXIS may assign or novate any of its rights or obligations under this Agreement to any third party by notice to the
Customer but without the Customer’s consent. The Customer may not assign or novate any of its rights and obligations
under this Agreement without MAXIS’ written consent.
In the event of a conflict or inconsistency between the Registration Form, the Customer Terms for Maxis Services and
General Terms and Conditions (Maxis Services), the terms and conditions on MAXIS’ official website and the
24.3
24.4
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Addendum, such inconsistency shall be resolved by giving precedence in the following order: the Addendum, the terms
and conditions in MAXIS’ official website, the Customer Terms for Maxis Services and General Terms and Conditions
(Maxis Services) and the Registration Form for the Services.
24.5
24.6
24.7
24.8
24.9
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and
supersedes all previous agreements, understanding, proposals, representing and warranties relating to that subject
matter.
Those Clauses which by their nature would survive the termination of the Agreement shall so survive, including without
limitation, Clauses 11.
Time is of essence in performance hereunder and a significant and material term hereof.
If any term or provision (other than a term or provision relating to any payment obligation) of the Agreement or the
application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable and the
remainder of the Agreement shall be capable of substantial performance, then each term and provision of the
Agreement not so affected shall be valid and enforceable to the extent permitted by law.
The Customer agrees that the Agreement will be for the benefit of the Customer only and does not confer any rights or
benefits on any third party, including without limitation the Customer’s Personnel, and that there are no third party
beneficiaries of the Customer as to this or any part or specific provision of the Agreement.
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