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

  1. General
    1. Service(s): Cloud 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:
      “Cloud Connect Service” means the service which provides Layer 2 connection from your equipment to Maxis port and onwards to the Cloud Service Provider.
      “Cloud Service Provider” means companies ie. Amazon Web Services (AWS), Microsoft Azure, Google and other cloud hosting providers which have been determined by Maxis from time to time that oer network services, infrastructure, or business applications in the cloud. The cloud services are hosted in a data center that can be accessed by companies or individuals using network connectivity as the Cloud infrastructures may not be located in Malaysia.
      "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 of submission 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 through which Equipment is placed for the provisioning of the Service(s).
      “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 through which 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.
      “Maxis PoP” means Maxis Point of Presence, being the demarcation point for connectivity with the Service(s) at the designated locations.
  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. Charges
    1. The monthly recurring Charges for the Service(s) and/or any additional Service(s) shall be at the rates as offered 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).
    2. If you request for a change in the Service Commencement Date, Maxis may charge you its prevailing administrative fees to affect the change.
    3. Where applicable, you shall pay Maxis a one-time 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. 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.
  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. 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.