Terms & Conditions
Service Specific Terms & Conditions ("SSTC") - Maxis 5G Monthly Access Pass for Maxis Business Postpaid Plan
Version [11 January 2024]
Service Specific Terms & Conditions ("SSTC") - Maxis 5G Monthly Access Pass for Maxis Business Postpaid Plan
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- The Offer: Maxis 5G Pass for Maxis Business Postpaid Plan (“5G Pass”)
- You: Existing Maxis Business Postpaid customers.
- The 5G Pass is offered and made available on the terms and conditions as set out herein and is subject to the General Terms & Conditions (“GTC”) https://www.business.maxis.com.my/en/terms-conditions/business/general/tnc/, this Service Specific Terms & Conditions (“SSTC”), Summary Terms and Conditions (“STC”), Maxis Fair Usage Policy, Maxis Privacy Statement and any other applicable terms and conditions, all at https://www.business.maxis.com.my/terms-conditions/business/.
- Capitalised terms herein have the same meaning as defined in the GTC.
- Any conflict or inconsistency between this SSTC, the GTC and STC, shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
- We reserve the rights without liability to vary, add to, remove or otherwise amend this SSTC, the manner in which the 5G Pass (whether in whole or in part) is offered and/or discontinue, interrupt, bar, suspend, restrict and/or terminate the 5G Pass at any time as we deem fit whether with or without prior notice to you and will not be liable to you and/or any third party for any loss (including loss of revenue), loss of services or connectivity or inconvenience as a result thereof. Where no prior notice is provided, Maxis will to the extent commercially reasonably practicable provide you with prior notice of such changes in any form as Maxis deems reasonable and appropriate. The prevailing terms and conditions of this SSTC and the 5G Pass will be updated on our official website from time to time, whereby the updated terms and conditions will apply and supersede all previous versions. Your continued use of the 5G Pass after any changes to the terms and conditions of this SSTC and the 5G Pass is effective will constitute unconditional acceptance by you of such variations, additions or amendments and you will be bound by the same.
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- You must be our existing Business Customer who subscribes to either one of the following plans to be eligible for the 5G Pass: -
- Maxis Business Postpaid Plan(s) 98;
- Maxis Business Postpaid Plan(s) 108;
- Maxis Business Postpaid Plan(s) 128;
- Maxis Business Postpaid Plan(s) 158;
- Maxis Business Postpaid Plan(s) 188;
- Maxis Business Postpaid Share 48; or
- Maxis Business Postpaid Data Plan 38
- You must: -
- have a 5G capable, supported and enabled Mobile Device to access/ utilize the 5G network. Please check the latest list of 5G capable, supported and enabled Mobile Device at https://www.maxis.com.my/en/about-maxis/5g-network/#eligible-devices which list may be updated from time to time. A 5G software update from the device manufacturer may be required which will be your responsibility and shall not be the responsibility of Maxis;
- be located within the 5G network coverage area. A map of 5G network coverage area can be found at https://www.maxis.com.my/en/about-maxis/5g-network/#5g-map;
- have a 4G LTE enabled SIM Card. You may check your SIM status by dialing this code *100*8*5# from your phone.
- You are not eligible for the 5G Pass if you have any outstanding payments with us.
- Maxis reserves the right to alter the eligibility criteria at any time.
- You must be our existing Business Customer who subscribes to either one of the following plans to be eligible for the 5G Pass: -
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- The 5G Pass is free of charge upon your successful activation of the 5G Pass subscription in addition to your existing subscription plan(s). Please note that the 5G Pass will be renewed automatically at the end of your bill cycle unless you unsubscribe from or cancel the 5G Pass.
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- No extra or additional internet data allocation will be given to you as part of the 5G Pass. Your monthly mobile internet data allocation, voice, SMS bundle under your existing postpaid subscription plan(s) will remain unchanged.
- After you have signed up for the 5G Pass and following acceptance by Maxis, a confirmatory message will be displayed in your Maxis App that the 5G Pass is activated.
- Subject to clause 11, you may unsubscribe from or cancel the 5G Pass at any time.
- The 5G Pass may be subject to other terms, conditions or stipulations as may be prescribed by the Ministry of Communications and Multimedia, the Malaysian Communications and Multimedia Commission and/or Maxis’ third party service provider of the national 5G wholesale network from time to time.
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- The 5G service(s) is only available within the 5G network area via use of a 5G capable, supported and enabled Mobile Device. When you are located outside the 5G network coverage area, you will automatically switch to any of our other available networks.
- Maxis does not represent, warrant, undertake and/or guarantee that: -
- the 5G service(s) will be provided without errors;
- the 5G service(s) will be uninterrupted; and/or
- that your experience of the existing services which you are subscribing from Maxis on our other available networks will not be impacted in an adverse manner; and/or
- Maxis will and is able to correct or rectify all or any part of the errors, interruption or such adverse impact to the existing services.
- Without derogating from the disclaimers and limitation of liability under the GTC which are applicable to you, Maxis makes no representation or give any condition, indemnity, warranty, guarantee, whether express or implied, about whether the services offered pursuant to the 5G service(s) will operate and be compatible with any Content, equipment, hardware or software or that it will be compatible with the national 5G wholesale network. You acknowledge and agree that Maxis relies on one or more third party service providers in relation to the 5G service(s) (including its availability and continuity) and as such, to the fullest extent permitted by law, Maxis excludes any liability and shall not be liable to you and/or any third parties whether in contract, tort or otherwise for any loss, damage or liability incurred or sustained by you and/or any third party (including loss of revenue or loss of services or connectivity) caused by or in relation to any delay, failure, breakdown, inability to use or access, interruption or disruption by any of our third party service providers including Maxis’ third party service provider of the national 5G wholesale network or in respect of interruption or adverse impact to existing services subscribed from Maxis arising from your purchase of the 5G Pass.
- Notwithstanding anything to the contrary in this SSTC, you acknowledge and agree that: -
- you have not relied on any representation, warranty, statement or similar made by Maxis’ third party service provider of the national 5G wholesale network in connection with your decision to use or the manner in which you will make use of the 5G service(s) including where such 5G service(s) is provided to you as part of products or services (or bundled products or services) by Maxis;
- you are solely responsible for your decision to use, and the manner in which you will make use of, the 5G service(s) and does so at your own risk (including where the 5G service(s) is used in connection with the preservation of life or property);
- you are solely responsible for making your own decisions on appropriate alternative redundancy, connectivity and data solutions in the event the 5G service(s) is unavailable, disrupted or operate with error;
- the 5G service(s) will not necessarily operate without error and will not always be available;
- Maxis’ third party service provider of the national 5G wholesale network does not owe you any duty of care or similar duty and you release Maxis’ third party service provider of the national 5G wholesale network from any liability arising from your use of the 5G service(s); and
- you must not do anything that may interfere with Maxis’ third party service provider of the national 5G wholesale network and/or connect or knowingly permit any third party to connect any equipment to the 5G network.
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- We reserve the rights at any time at our sole discretion whether with or without notice to you and without being liable to you and/or any third party, to immediately interrupt, bar, suspend or restrict the Service(s) (including 5G service(s)) for such time as we see fit, withdraw or terminate, discontinue or disconnect the Service(s) including if:
- any technical failure occurs in services pursuant to the 5G service(s), 5G Pass or our Network (which includes any network operated by any third party which are connected to Maxis’ network);
- the services pursuant to the 5G service(s), 5G Pass or our Network or systems are being upgraded, modified or maintained;
- your usage shows excessive usage or placing unusual burdens on our Network;
- in our determination that the 5G Pass is or may be used by you for unlawful activities or for suspected fraudulent activities;
- your usage is not in accordance with the Maxis Fair Usage Policy at www.maxis.com.my/FUP or contrary to any of the terms and conditions of this SSTC and/or the GTC;
- is for reselling purposes;
- where matters beyond our reasonable control prevents us from performing and/ or continuing our obligations in this SSTC, the GTC and/or the Maxis Fair Usage Policy;
- you have relocated or have been relocated to an area outside the 5G network coverage area; or
- we are required to do so by law, statute, enactment, regulations, code or by any relevant authorities, including the Maxis’ third-party service provider of the national 5G wholesale network,
- In connection to any 5G Pass surveys, comments, suggestions and/or feedback submitted by you to Maxis, you agree that Maxis may use all comments, suggestions and feedback collected in any manner without restriction or obligation for any purpose, including but not limited to incorporation or implementation of such comments, suggestions and feedback into Maxis’ product or service, to develop, improve and/or evaluate the 5G Pass. Except for personal data, no comments, suggestions and/or feedback will be deemed as your confidential information.
- We reserve the rights at any time at our sole discretion whether with or without notice to you and without being liable to you and/or any third party, to immediately interrupt, bar, suspend or restrict the Service(s) (including 5G service(s)) for such time as we see fit, withdraw or terminate, discontinue or disconnect the Service(s) including if: