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Service Specific Terms & Conditions (“SSTC”) - AWS Direct Connect

  1. General
    1. Service(s): AWS Direct Connect
    2. You: Business Customer signing up for the Service(s).
    3. The use of the Service(s) is subject to the General Terms & Conditions (“GTC”), this Service Specific Terms & Conditions (“SSTC”), SSTC for the connectivity, Summary Terms & Conditions (“STC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all at www.maxis.com.my/tnc/business.
    4. Capitalised terms herein have the same meaning as defined in the GTC.
    5. Any conflict or inconsistency between this SSTC, the GTC and the STC, shall be construed in the following order of precedence: (a) this SSTC; (b) SSTC for connectivity provided by Maxis; (c) GTC; and (d) STC.
  1. Definitions and Interpretation
    1. Unless the context otherwise requires, the highlighted words shall have the following meanings:
      “AWS” means Amazon Web Services Inc.;
      “AWS Direct Connect” means the service which provides Layer 2 connection from your equipment to Maxis port and onwards to AWS in which the Service(s) can befound at https://s3-us-west-2.amazonaws.com/solution-provider-program-legal-documents/Solution+Provider+Program+List+of+Services.pdf (and any successor orrelated locations designated by AWS), as may be updated by AWS from time to time;
      "Customer Agreement” means AWS’s standard user agreement located on the AWS website at http://aws.amazon.com/agreement (and any successor or relatedlocations designated by AWS), as may be updated by AWS from time to time.
      "DPLC" means the Domestic Private Leased Circuit Service.
      “Service Commencement Date” means the date of the completion of the commissioning tests as notified by Maxis to you or the date designated in the“Ready-For-Service” segment of the Registration Form, whichever is the latter. The Service(s) is deemed accepted by you three (3) working days from the date ofsubmission of the Service Acceptance Form by Maxis to you.
      “Site(s)” means the premise(s) designated by you under “Installation Address” segment, including the building(s) where the premise(s) is located, under or throughwhich Equipment is placed for the provisioning of the Service(s).
      “Term” means the period of one (1) year commencing from the Service Commencement Date unless otherwise agreed between you and Maxis.
  1. Additional Terms and Conditions
    1. You have read and understood the terms set out in https://aws.amazon.com/service-terms/.
  1. AWS Account
    1. In order for Maxis to bill you, you must either:-
      1. create an AWS account yourself in your own name; or
      2. consent to Maxis to create an AWS account on behalf of you in your name if you do not have an AWS account; and enter into a Customer Agreement with AWS (which you hereby acknowledges the acceptance of the terms and conditions).
    2. You agree that:-
      1. Maxis is authorised to link your AWS account to Maxis’ master account;
      2. you shall store and maintain a valid credit card on file for your AWS account throughout the term specified in the Registration Form. Once your AWS account is unlinked from Maxis’ master account, you authorise AWS to charge such credit card for the use and access to the Service(s); and
      3. you shall notify Maxis at least fourteen (14) days in advance if you intend to remove or change the credit card details from its AWS account.
    3. Where applicable, you shall pay Maxis a one-time installation Charge (“OTC”) at the prevailing rates set by Maxis. An additional charge may be added to the OTC if installation is delayed, postponed, aborted or fails due to your act, omission or negligence, including but not limited to; no access to the Sites, incorrect/missing internal cabling and/or power facilities and wrong environmental conditions.
    4. The price quoted does not include data transfer charges levied by respective Cloud Service Provider.
  1. Customer’s Additional Obligations
    1. You acknowledge and agree that:-
      1. you must have an existing Customer Agreement to receive and access the Service(s) directly from AWS which governs all access to and use of the Service(s) on the your AWS account;
      2. you have read and understood the terms set out in https://s3-us-west-2.amazonaws.com/solution-provider-program-legal-documents/AWS+Solution+Provider+Program+-+Program+Guide+for+End+Customers.pdf (and any successor or related locations designated by AWS) as may be updated from time to time, when utilising the Service(s); and
      3. unless Maxis agrees otherwise, you must acquire only from us all services you use for carrying data to or from your AWS Service(s)
    2. You are encouraged to use multi-factor authentication for each of your AWS accounts.
  1. Direct Agreement with AWS for Service(s)
    1. You acknowledge and agree that:-
      1. You have received the Service(s) directly from AWS under the Customer Agreement with AWS. Maxis does not provide you with any Service(s) under the Agreement and is only responsible for invoicing you and receiving payments for such invoices;
      2. Maxis does not have nor is it responsible for any contractual rights, commitments or obligations between you and AWS under the Customer Agreement;
      3. Maxis is not liable to you including your end users or any third parties for any claims arising out of or relation to the Service(s) and/or the Customer Agreement;
      4. AWS is entitled to exercise any of its rights and perform any of its obligations under the Customer Agreement;
      5. the Service(s) may be removed, added and/or updated and the prices may be varied by AWS. In such instance, Maxis may remove, add and update the Service(s) and vary such prices accordingly; and
      6. any dispute in relation to the Customer Agreement (including but not limited to policies, terms or service descriptions) shall be referred to AWS.
    2. The terms in this appendix and the SSTC shall govern the payment and tax for your use of the Service(s) and shall supersede any terms in the Customer Agreement.
  1. Provision of The Services
    1. Subject to acceptance by Maxis, Maxis will provide the Service(s) to the Site(s) as requested by you.
    2. This is a layer 2 link, no Managed Router and IP addresses will be provided by Maxis.
    3. Speed or Bandwidth quoted by Maxis is inclusive of network transmission overhead.
    4. The link provided does not include redundancy unless specifically stated.
    5. Unless otherwise provided herein, the Service(s) shall not include the provision or maintenance of any computer equipment or software required by you to connect to the Service(s).
    6. Maxis does not guarantee or warrant: (a) the availability of the Service(s), (b) continuous, uninterrupted or secure access to the internet and (c) that the data stored will be backed up.
    7. You shall be solely responsible for keeping an independent back-up of all data stored in the space allocated to you and for the data retrieved, stored or transmitted through the Service(s).
    8. Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.
  1. Your Additional Obligations
    1. You shall provide adequate power points and fuses (as approved by Tenaga Nasional Berhad) for the operation of Our Equipment.
    2. You shall not remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    3. At Maxis’ request, you shall, at your own cost, disconnect the Equipment and provide all necessary assistance, to enable Maxis to perform necessary tests and/or maintenance work on the Service(s) at reasonable times.
    4. You shall, prior to reporting a Service(s) failure or problem, carry out all necessary steps to determine the cause of the Service(s) failure or problem.
    5. You are responsible for protecting your AWS Direct Connect connections, including using physical security, firewalls, and other network security tools as appropriate.
    6. AWS will permit data center operators or other service providers to connect your equipment to AWS’s hardware at the AWS Direct Connect location(s) that you select. AWS will provide the necessary information to enable the data center operator or other service provider to establish and monitor this connection, including your name, email address, network configuration, activity information, and AWS account number.
    7. You are responsible for your separate relationship with the data center operator or other service provider, including compliance with your agreement with, and the policies and procedures of, the data center operator or other service provider, and payment of applicable fees to the data center operator or other service provider. You are responsible for providing or procuring (and AWS will not own or be responsible for) any equipment or cabling necessary to establish this dedicated connection.
    8. If the connection you establish as part of AWS Direct Connect is temporarily unavailable or terminated, AWS will route traffic bound for your AWS resources over the public Internet and AWS’s standard data transfer charges will apply. However, if you are using Amazon Virtual Private Cloud (VPC), traffic bound for your Amazon VPC resources will be routed through an IPsec VPN connection. If an IPsec VPN connection is unavailable, traffic bound for your Amazon VPC resources will not be delivered.
  1. Support
    1. AWS support options which can be referred at https://aws.amazon.com/premiumsupport/ (or any successor or related locations designated by AWS), as may be updated by AWS from time to time, is available you through AWS.
  1. IP Network Connectivity for The Service(S)
    1. Service(s) with DPLC.
      1. The minimum subscription period is twelve (12) months.
      2. For avoidance of doubt, you will be charged separately for the Service(s) and/or DPLC.
      3. The Service(s) will require Your Equipment to be compatible with Maxis’ DPLC.
      4. The DPLC services must be active throughout the subscription period of the Service(s). Suspension or barring or termination of the DPLC will also cause the Service(s) to be suspended or barred or terminated at the same time.
  1. Charges
    Maxis shall invoice you and you shall pay the charges in accordance with the terms of the SSTC for the Service(s) that you have accessed and used under your AWS account and Customer Agreement.
    1. The charges for the Service(s) will ordinarily be billed monthly in arrears..
    2. You agree that:
      1. notwithstanding the Service(s) are priced in US dollars (excluding applicable taxes including Service Tax), Maxis will be invoicing you in Ringgit Malaysia based on the foreign exchange rate applicable on the date of usage;
      2. the pricing for the Service(s) shall follow the pricing information as agreed with AWS;
      3. you shall pay Maxis in Ringgit Malaysia; and
      4. applicable taxes will be added to the invoice after the charges for the Service(s) charges are converted into Ringgit Malaysia.
    3. In determining the foreign exchange rate, Maxis shall apply the daily foreign exchange rate at closing, as published by Bloomberg for currency conversion purpose. Maxis reserves the right, at any time, to apply the daily foreign exchange rate published by other reputable financial data providers, financial institutions or regulatory authorities which rates are publicly available.
    4. The charges to be invoiced to you will be based on the usage set out in AWS billing system which shall be final and conclusive.
    5. In the event you default in its payment and does not remedy such default in accordance with the terms of the Agreement, you agree that Maxis is entitled to:-
      1. proceed to unlink your AWS account from Maxis’ master account without further notice to you;
      2. you shall continue to be liable to Maxis for all outstanding amount due and owing to Maxis; and
      3. upon unlinking of your AWS account, the previous payment method will be reinstated by AWS.
    6. The monthly recurring Charges for the Service(s) and/or any additional Service(s) shall be at the rates as oered to you by Maxis (“Monthly Recurring Charges”). The billing for each Site shall commence from the Service Commencement Date. You are responsible for payment of all Monthly Recurring Charges associated with the Service(s) and/or any additional Service(s).
      1. If you request for a change in the Service Commencement Date, Maxis may charge you its prevailing administrative fees to aect the change.
      2. Where applicable, you shall pay Maxis a one-time installation Charge (“OTC”) at the prevailing rates set by Maxis. An additional charge may be added to the OTC if installation is delayed, postponed, aborted or fails due to your act, omission or negligence, including but not limited to; no access to the Sites, incorrect/missing internal cabling and/or power facilities and wrong environmental conditions.
      3. The price quoted does not include data transfer charges levied by AWS.
  1. Consequence of Termination
    1. If you, Maxis or AWS terminate any of your Service(s), you agree that there is no refund of any advance payment and such payment shall be forfeited by Maxis.
    2. You agree that you shall be liable for all other payments that is required to be paid in advance as charged by AWS notwithstanding that the Customer Agreement may be terminated earlier by any party for any reason whatsoever.
    3. You acknowledge and agree that:-
      1. if AWS ceases to provide the Service(s) which you are subscribing to or terminates the Customer Agreement, AWS account and/or Service(s) for any reason whatsoever; or
      2. if you terminate the Customer Agreement, AWS account and/or Service(s) for any reason whatsoever;
      3. Maxis shall not be responsible for any migration of your data from the AWS cloud server unless the you request for Maxis to provide migration services to migrate the your data to another third party cloud hosting provider which shall be subject to additional costs to be mutually agreed by the parties.
    4. Upon termination, you are responsible for unlinking your AWS account from Maxis’ master account and to update the following:-
      1. Tax Settings page – tax settings including business legal address, tax registration number and business legal name (if applicable or if directed in the Tax Setting page); and
      2. Payment Methods page – billing information and billing address.
    5. You agree to indemnify and hold Maxis and its respective employees, directors, officers, suppliers, contractors and agents (“Indemnities”) harmless from and against any and all claims, demands, actions, damages, loss, costs, charges, liabilities and expenses (including solicitor’s fees and costs) of every nature directly and indirectly made by the you, AWS or any third party against the Indemnities, arising out of or in connection with the AWS Services you receive and accesses from AWS.
  1. Minimum Period of Service and Termination
    1. The Minimum Period of Service is twelve (12) months commencing from the Service Commencement Date unless otherwise set out in the Registration Form or agreed between you and Maxis. Prior to the expiry of the Minimum Period of Service, you may extend the Service(s) by giving us a thirty (30) days’ advance written notice for successive period of twelve (12) months each extension (“Extension Period”) at the prevailing charges and rates imposed by Maxis and on the terms and conditions contained herein (unless otherwise notified by Maxis) until terminated by you of this SSTC and/or the Service(s). If we do not receive any notice for extension, we are entitled to terminate the Service(s) upon expiry of Minimum Period of Service and will not be responsible for any loss or damaged that you or any third parties might sustain as a result of the termination of the Service(s).
    2. If you terminate the Service(s) during the Minimum Period of Service or Extension Period, you agree to pay Maxis the early termination charge which is the total Monthly Recurring Charges for the remaining Minimum Period of Service or Extension Period (“Early Termination Charge”).
    3. Maxis may terminate the Service(s) and/or the additional Service(s) by giving you thirty (30) days prior written notice.
    4. If you relocate the Service(s) or upgrade the Service(s) during the Minimum Period of Service, you are not liable to pay for the Early Termination Charge, provided you terminate the Service(s) and the Agreement and enter into a new agreement with Maxis for the Service(s) at the new location or for the upgraded Service(s). The new agreement between you and Maxis will be based on the prevailing Charges and further terms and conditions imposed by Maxis.
  1. Warranty and Limitation of Liability
    1. You warrant that: (a) you have the power to enter into and observe your obligations under this SSTC and the Agreement, (b) you are the owner of specifications, designs and/or the materials supplied to Maxis to enable Maxis to provide the Service(s) and (c) you have not relied on any representations made by Maxis or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity materials supplied by Maxis.
    2. Subject to clause 18.5 of the GTC, Maxis’ liability for such laws shall be limited to the lesser of: (a) the fees paid to Maxis by you over the twelve (12) months period prior to the date of the breach or (b) RM500.00.