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Maxis Digital Services Terms and Conditions – Solution Terms - Managed Services, Support & Maintenance

 

Version 30 March 2021 posted on 27 April 2021.

 

  1. Contract Structure
    1. Customer desires to obtain from Maxis, and Maxis desires to provide to Customer, certain management, support and maintenance services as may be agreed upon by Customer and Maxis from time to time as set out in a Registration Form and/or Solution Pack ("Managed Services, Support & Maintenance").
    2. The Base Terms together with these Solution Terms, the Solution Pack and the Registration Form entered into by the Parties together comprise the Agreement documenting the terms and conditions under which Customer agrees to purchase, and Maxis agrees to provide, such Managed Services, Support & Maintenance.
  1. Consents and Access
    1. Customer shall obtain all necessary approvals, licenses, authorizations, consents and permits to enable Maxis to (i) reasonably access Site(s), or (ii) use, access, maintain or modify Customer Equipment, Customer’s (or third party) software or hardware, or other materials provided by Customer, to the extent necessary for Maxis to provide Managed Services, Support & Maintenance. If Customer fails to provide such access, consents or approvals, this may result in Maxis’ inability to provide Managed Services, Support & Maintenance and Customer shall be liable for any delays and/or breach arising from the same. 
    2. Customer is responsible for removing or dismantling any hardware or software ineligible for Managed Services, Support & Maintenance to allow Maxis to perform these services. If delivery of Managed Services, Support & Maintenance is made more difficult because of ineligible hardware or software, Maxis shall be entitled to charge Customer for the additional work performed at Maxis' standard service rates (which shall be stated in the Solution Pack).
  1. Relocation

Relocation of any hardware or software receiving the Managed Services, Support & Maintenance is Customer's responsibility and is subject to:

  1. Local availability of Maxis' services;
  2. Change in Fees; and/or 
  3. Any applicable license terms for such hardware or software.
  1. Customer Data
    1. "Customer Data" means all data, software, and information that Customer or its authorized users provide or authorize Maxis to have access to as part of Managed Services, Support & Maintenance. 
    2. Customer must maintain a separate backup system or procedure that is not dependent on hardware or software receiving Managed Services, Support & Maintenance, to enable Customer to reconstruct any lost or altered files, data, or programs.
    3. Customer is responsible for properly sanitizing or removing data from hardware or software that may be replaced or returned to Maxis as part of Managed Services, Support & Maintenance. 
    4. Customer bears ultimate responsibility over the Customer Data and Maxis has no liability for loss, corruption, or destruction of Customer Data. Customer is responsible for obtaining and maintaining all necessary rights and permissions to enable, and grants such rights and permissions to, Maxis, including its Affiliates and contractors, to use, provide, store and otherwise process Customer Data as part of Managed Services, Support & Maintenance. This includes Customer making necessary disclosures and obtaining consent, if required, before providing individuals' information, including personal or other regulated data in such Customer Data. If any Customer Data could be subject to governmental regulation or may require security measures beyond those specified by Maxis for Managed Services, Support & Maintenance, Customer will not input, provide, or allow such Customer Data without Maxis' prior written consent. 
  1. Customer Obligations
    1. Customer must take reasonable measures to ensure it does not jeopardise services supplied to third parties on the same shared access infrastructure as those used by Maxis to perform the Managed Services, Support and Maintenance as notified to Customer by Maxis in writing. This includes informing Maxis promptly in the case of any security incidents, including without limitation any denial-of-service or distributed denial-of-service attack. In the event of any such incident, the Parties will work together to alleviate the situation as quickly as possible.
    2. Customer shall not re-sell or otherwise, re-provide the Managed Services, Support and Maintenance directly or indirectly to third parties.
  1. Termination

Termination by Maxis. Maxis may terminate the Agreement with sixty (60) days’ prior written notice to Customer if Maxis discontinues Managed Services, Support & Maintenance for hardware or software no longer included in Maxis’ offerings. If Customer has prepaid Fees for the Agreement, Maxis will refund a pro-rata amount for the unused Managed Services, Support & Maintenance.

  1. Service Level

Where applicable, the relevant service level of any Managed Services, Support & Maintenance shall be found in the Solution Pack.

  1. Maxis’ rights
    1. Where (i) Maxis recommends or propose any upgrades / enhancement / modifications to any software and/or hardware covered under the Managed Services, Support & Maintenance, and (ii) such upgrades / enhancement / modifications are not accepted by Customer, Maxis is not responsible and will not be liable for (A) any defects, bugs, faults, and incompatibility of such hardware and/or software, and (B) such hardware and/or software failing to meet the requirements under the Agreement or as may be required by Customer.    
    2. For any software-related support forming part of the Managed Services, Support & Maintenance, Customer acknowledges that notwithstanding Maxis’ efforts, Maxis does not guarantee the full resolution of issues and restoration of data to be identical as before, neither shall Maxis be responsible for any data loss. 
    3. For any hardware warranty support forming part of the Managed Services, Support & Maintenance, Customer acknowledges that notwithstanding Maxis’ efforts, Maxis does not guarantee the full restoration of data on any such repaired or replaced hardware to be identical as before, neither shall Maxis be responsible for any data loss.