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Service Specific Terms & Conditions – Data Centre Connect Service

 

Version [17 September 2020]

  1. General

    1. Service(s): Data Centre Connect Service
    2. You: Business Customer signing up for the Service(s).
    3. The use of the Service(s) is subject to the General Terms & Conditions (“GTC”), Service Specific Terms & Conditions (“SSTC”), Summary Terms & Conditions (“STC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all at https://business.maxis.com.my/terms-conditions/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) SSTC; (b) GTC; and (c) STC.
       
  2. Definitions and Interpretation

    1. Unless the context otherwise requires, highlighted terms shall have the following meanings:-
      Data Centre Connect Service means the service which provides Layer 2 Ethernet point to point or point to multipoint connectivity from one data centre to other data centre(s) within the available Maxis POPs.
      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 after 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).
      Term” means the period of one (1) year commencing from the Service Commencement Date unless otherwise agreed between you and Maxis.
      Cross Connect” means a physical hardwired cable that provides direct connection from your equipment to Maxis port within the same data centre. 
      Maxis PoP” means Maxis Point of Presence, being the demarcation point for connectivity with the Service(s) at the designated locations. 

  3. Provision of the Service(s)

    1. Subject to acceptance by Maxis, Maxis will provide the Service(s) to the Site(s) as requested by you. 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).
    2. 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.
    3. 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).
    4. Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.
    5. The Minimum Period of Service for the Service(s) is one (1) year with a choice of bandwidth speed from 100Mbps up to 1Gbps over a 1GE or 10GE port.
    6. You are allowed to add more link(s) to the existing physical port with multiflow option after the Service Commencement Date provided that you enter into a new Agreement with Maxis for the additional link(s) and/or service(s). Each new Agreement for the additional link(s) shall be subject to the selected bandwidth and contract term and provided always that the additional link(s) does not exceed the port capacity for the Service(s).
       
  4. Charges

    1. The monthly recurring Charges for the Service(s) shall be at the rates as offered to you by Maxis. The billing for each link or Site(s) shall commence from the Service Commencement Date. You are responsible for payment of all monthly recurring Charges associated with the Service(s).
    2. Where applicable, you shall pay Maxis a one-time installation Charge at the prevailing rates by Maxis.
       
  5. Your Additional Obligations

    1. You shall provide adequate power points and fuses (as approved by Tenaga Nasional Berhad) for the operation of Our Equipment. You shall ensure that your equipment is pre-connected (via Cross Connect) to Maxis designated termination point prior to activation of the Service(s).
    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 shall be responsible for any additional charges arising from: (a) installation of Maxis Equipment at the Site(s) that is not included in the standard installation charges, (b) space, roof top or cable rental at the Site(s) imposed by the building management of the Site(s), and (c) imposition of any fees by the local councils or the relevant authorities in relation to the Service(s).
       
  6. Maxis Bandwidth on Demand

    1. Maxis Bandwidth on Demand (“Maxis BOD”) plan for Data Centre Connect Service allows you to increase up to 200% from your subscribed bandwidth subject to the following terms and conditions.
    2. By subscribing to the Maxis BOD plan, you are entitled to increase your subscribed bandwidth by an additional bandwidth up to 200% of the subscribed bandwidth, subject to the port capacity and network capacity, whichever limit comes first.
    3. You are responsible to ensure that the Customer Equipment has sufficient capacity to support both the subscribed bandwidth and the additional bandwidth burst.
    4. If you subscribe to Maxis DDOS Protect service together with this Maxis BOD plan, you will need to bear any DDOS Protect charges based on the subscribed bandwidth as well as the extra charges for usage of bandwidth that surpasses the free bandwidth allocation.
    5. Maxis BOD plan consists of the daily and monthly contract terms. For daily contract term, the minimum subscription period is seven (7) days and for monthly contract term, the minimum subscription period is one (1) month.
    6. Maxis BOD plan will be provided based on your required bandwidth and commencement date. After the required period has ended, the bandwidth made available to you shall be reverted to your original subscribed bandwidth as per your initial Agreement (defined hereinafter).
    7. You are required to pay the charges for the Maxis BOD plan subscribed by you as specified in the quotation regardless of whether the additional bandwidth is fully utilised by you.
    8. The rates for the Maxis BOD is calculated as follows:
      Total Non Recurring Charge (Maxis BOD) =
      Additional bandwidth (Mbps) x Maxis BOD rate/Mbps x Contract term (per day/per month).
    9. Billing will be based on a monthly billing cycle. The burstable bandwidth charges will be reflected in the following month’s bill.
    10. The Service Levels for the Maxis BOD will be the same as Data Centre Connect Service standard plan.
    11. If you terminate or cancel the Maxis BOD plan 5 business days before the commencement date of the Maxis BOD, no penalty will be imposed on you. Any cancellation of the Maxis BOD plan must be done via issuance of a letter of request by you to Maxis. If you cancel after the commencement date of the Maxis BOD plan, you are to pay Maxis the charges for the remaining of the daily or monthly contract term.
    12. If you wish to change or modify the Maxis BOD plan after submitting your order to Maxis, you may do so 5 business days before the commencement date of the Maxis BOD and no penalty will be imposed on you. Any change or modification of the Maxis BOD plan must be done via issuance of the letter of request by you to Maxis and you are required to submit a new order to Maxis for your Maxis BOD plan subscription.
       
  7. Term and Termination

    1. The Minimum Period of Service for the Service(s) is one (1) year unless otherwise agreed between you and Maxis.
    2. Maxis may terminate this Agreement and/or the Service(s) for convenience by giving you thirty (30) days advance written notice.
    3. You may terminate this Agreement and/or the Service(s) by giving us thirty (30) days advance written notice.
    4. If you terminate the Agreement during the Term, you agree to pay Maxis the early termination charge which is the total monthly recurring charges for the remainder of the Term.
    5. If you (a) relocate the Service(s) to a new location within Maxis PoP or (b) upgrade the Service(s) during the Term, you are not liable to pay the monthly recurring charges for the remaining of the Term, provided that you terminate this Agreement and enter into a new Agreement with Maxis for the Service(s) at the new location within Maxis PoP 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.
    6. If you (a) relocate the Service(s) to a new location outside Maxis PoP or the Service(s) coverage area or (b) downgrade the Service(s) during the Term, you agree to pay Maxis the monthly recurring charges for remaining of the Term.
    7. This Agreement shall automatically continue for an extended term on a monthly basis at the prevailing charges and rates imposed by Maxis and on the terms and conditions contained herein (unless otherwise notified by Maxis) unless you give Maxis thirty (30) days advance written notice of your intention to terminate this Agreement.
       
  8. Warranty and Limitation of Maxis’ Liability

    1. You warrant that: (a) you have the power to enter into and observe your obligations under this 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) in entering into this Agreement, 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 20.10 of the GTC, Maxis’ liability shall be limited to the lesser of: (a) the fees paid to Maxis by you over the twelve (12) months period prior to the date of the breach or (b) RM500.00.