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Terms & Conditions

Service Specific Terms & Conditions – Converged UC & Voice Solution

Version: November 2020

Service Specific Terms & Conditions – Converged UC & Voice Solution

    1. The Service(s): Converged UC & Voice Solution offers customized solutions to address customer’s telephony, unified communications, audio video needs which includes the provision of devices, software, professional services and managed services (where applicable).
    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, Maxis Group Privacy Notice and any other applicable terms and conditions, all at www.maxis.com.my/tnc/business and the additional terms and conditions contained in the Proposal.
    4. Capitalised terms herein have the same meaning as defined in the GTC.
    5. Any conflict or inconsistency between this SSTC, the additional terms and conditions contained in the Proposal, the GTC and the STC, shall be construed in the following order of precedence: (a) the additional terms and conditions contained in the Proposal; (b) SSTC; (c) GTC; and (d) STC.
    1. Unless the context otherwise requires, the highlighted words shall have the following meanings:-
      “Business Fibre Internet” means the Maxis Business Fibre as provided by Maxis, from time to time.
      “Business Day” means, Mondays to Fridays excluding public holidays in Selangor and Kuala Lumpur, Saturdays and Sundays.
      “Customer Data” means all data, software, and information that you and/or your End User(s) provide or authorize Maxis to have access to as part of Maxis’ provision of the Services.
      “Devices” means Mobile Device (iOS or Android) and/or Desktop PC (Windows or Mac OS).
      “DIA” means the Dedicated Internet Access as may be provided by Maxis, from time to time.
      “End User(s)” means your employee, agents or any person authorised to act on your behalf in relation to the Service(s) or have access to the Service(s).
      “Hardware” means IP PBX equipment, Unified Communications equipment, Contact Centre equipment, any substitute or additional equipment, or component parts to be supplied by Maxis as agreed between you and Maxis.
      “Licensor” means the licensor of any intellectual property forming any part of the Services (e.g. Deltapath Limited and Lifesize, Inc.).
      "Managed Services“ means the maintenance support service provided by Maxis to you for the Converged Voice and UC solution that you have subscribed from Maxis.
      “Maxis Business Voice SIP” means the internet protocol (“IP”) voice telecommunications services as provided by Maxis and any promotional, supplemental or additional services such as Domestic, International Tollfree and trunk redirection services.
      “Minimum Period of Service”means the minimum period of subscription for the Service(s) which is set out in the Proposal commencing from the Service Commencement Date (as defined below) unless otherwise agreed between us.
      “MPLS IP VPN Service” means Maxis’ Multi-Protocol Label Switching Internet Protocol-Virtual Private Network service, the circuit which connects (via transmission links) the Site(s) to the Multi Protocol Label Switching core network in Malaysia, in accordance with the specifications and where applicable, includes any equipment rental and maintenance services provided in accordance with the specifications required by you.
      “Professional Services” means professional services provided by Maxis to you for Converged Voice and UC solution that you have subscribed from Maxis which may include one or combination of the following: configuration, integration, installation, implementation, network assessment, training, consultation, relocation, design or migration works.
      “Proposal”means the proposal and/or quotation issued by Maxis to you setting out the pricing and scope of the Services.
      “Site(s)” means the installation address specified in the Registration Form on, under or through which Our Equipment is to be placed and/or where the Service(s) will be provided and used.
      “Software” means software which forms an integral part of the solution or software installed on the Hardware or software application that is to be installed on Devices.
    1. Subject to acceptance by Maxis, Maxis will provide the Service(s) at the Site(s) as requested by you.
    2. Maxis does not guarantee or warrant the availability of the Service(s) and continuous, uninterrupted or secured access to the internet.
    3. You shall be responsible for and liable to Maxis for use of the Service(s) whether or not you have authorised the particular use of the Service(s) by any third party.
    4. You shall only allow authorised personnel to have access to the Service(s) and configure Our Equipment, including having constant supervision and management of the use of Our Equipment. You are required to closely monitor and manage the usage of Our Equipment used to access the Service(s).
    5. You agree to grant Maxis access to the Site and remote access to the relevant solution platform or cloud admin portal to enable Maxis to support the Service(s) and provide Managed Services (where applicable).
    6. If you are subscribing to the solutions which requires the use of software applications such as mobile apps or desktop apps, you must ensure that your End User’s internet or data subscriptions remains active and is not suspended or terminated throughout the entire term of the Service(s) to enjoy uninterrupted use of the Service(s).
    1. Save for (i) the sale of Hardware on outright basis; or (ii) sale of subscription of Software on a perpetual basis, from Maxis to you, the functionality of the Service(s) shall commence on the date the Service(s) is successfully activated and provisioned, or in the event Maxis is unable to provide the functionality of the Service(s) on the date requested, Maxis will inform you in writing a specific alternative commencement date for the functionality of the Service(s) (“Service Commencement Date”).
    2. The scope of the Services shall be indicated in the RF and Proposal and as accepted by Maxis which may comprise of the provision of Hardware, Software, Professional Services and/or Managed Services. Where you have not subscribed for the relevant scope of the Services, Maxis will charge you accordingly for such additional services.
    3. You acknowledge that we may modify or replace any software or add, remove, suspend or stop any features or functionalities of the Service(s) at any time without notice to you.
    1. The Charges for the Service(s) shall be at the rates as offered to you by Maxis.
    2. Upon submission from you and acceptance by Maxis, of the Registration Form, Maxis may require you to make a down payment and pay all or some of the charges for the Service(s) in advance (as stated in the Registration Form overleaf and/or Proposal). Such down payment shall not be refundable unless otherwise agreed by Maxis.
    3. Maxis reserves the right to include charges on your current bill for a previous billing period which was omitted.
    4. The monthly Charges for the Service(s) shall be paid in full (1 month) regardless of the date of activation or termination.
    5. If the Service(s) is used to access a service provided by another person (e.g. a service provider), or the provision of the Service(s) at the Site(s) requires payment of an access fee to the building management, you shall pay directly such access fees to the building management or service provider for that service.
    1. The sale of the Hardware is subject to model availability and stock availability. In the event where the particular model or stock is not available, Maxis shall endeavour to provide similar or equivalent Hardware.
    2. Maxis will determine and communicate with you the expected delivery date of the Hardware (subject to stock availability). Maxis will use all commercially reasonable efforts to deliver Hardware in a timely manner during reasonable working hours. Within the same day, you shall inspect the Hardware and confirm whether the Hardware is accepted or accepted, failing which the Hardware shall be deemed accepted. You may only reject the Hardware or in the case of multiple Hardware, those portions which are damaged, if the Hardware or parts thereof is damaged and the damage is verified by Maxis. In the case of damaged Hardware which has been rejected due to damaged which has been verified by Maxis, Maxis will replace the damaged Hardware.
    3. If the delivery of the Hardware requires any consents, you are required to obtain all necessary approvals, licenses, authorizations, consents and permits to enable Maxis to reasonably access the Site(s) to deliver the Hardware.
    4. If the delivery of the Hardware requires any specific resources and/or equipment, you are required to ensure that all necessary resources and equipment are prepared and ready to receive and accept delivery of the Hardware.
    5. In the event where you have failed to accept delivery of the Hardware on the relevant delivery date due to your fault and/or breach of this Agreement, Maxis will use commercially reasonable efforts to re-delivery the Hardware to you on another date, subject to any additional charges by Maxis.
    6. Risk of loss or damage to Hardware passes upon delivery by Maxis to you or your designees.
    7. Title to Hardware passes to you upon full payment of the Charges for the Hardware.
    8. Customer shall, at its own costs and expenses, take appropriate insurance to insure against the total loss and/or damage to the Hardware while the same remains in your possession following delivery until title passes to you in accordance with Clause 6.7 above. Notwithstanding that the Hardware is insured, you shall remain liable to reimburse Maxis for any loss and damage to the Hardware if the insurance coverage is insufficient to cover the same.
    9. Where software is included with or built into the Hardware, the third party's software licence terms will govern your use.
    10. In addition to Clause 3.30 of the GTC, you understand and agree that any warranty with respect to the Hardware shall be provided to you directly by the manufacturer of the Hardware and not Maxis. Maxis will pass on the requisite warranty from the manufacturer of the Hardware to you and such warranty shall be governed by and subject to the terms and conditions imposed by the manufacturer of the Hardware. Such warranty is in lieu of all other warranties, and the manufacturer of the Hardware disclaims all other warranties, express or implied, including any warranty of merchantability, satisfactory quality, fitness for a particular purpose or arising from the course of dealing between the parties or usage of trade. Unless otherwise specified in the Agreement or the warranty statements referenced in the above, Hardware warranty claims do not cover:
      1. improper use, misapplications, failure to comply with site preparation or site conditions recommended by Maxis and/or Hardware manufacturers;
      2. modifications or improper system maintenance, repair, enhancements or calibration not performed or authorized by Maxis;
      3. malware not introduced by Maxis;
      4. abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by you, or other causes beyond the control of Maxis and/or the manufacturer of the Hardware;
      5. use of Hardware in combination with other products not supplied by Maxis;
      6. defects or problems caused by or resulting from events beyond the reasonable control of the manufacturer of the Hardware; and/or
      7. defects caused by your failure to meet minimum system requirements.
    11. If you subscribe for Managed Services for the Hardware, Maxis will provide reasonable assistance to you in facilitating warranty claims against the manufacturer for faults or defects in the Hardware. If the manufacturer rejects any claim or is unwilling or unable to perform under the terms of the warranty, you agree that Maxis shall not be liable.
    12. Should you opt only for the purchase of Hardware, the installation and maintenance support will be excluded and will be charged separately if subscribed separately.
    1. Maxis will determine and communicate to you the expected delivery date for the Software (subject to Software availability). Maxis will use all commercially reasonable efforts to deliver Software ina timely manner. Maxis may elect to deliver Software and related licence information by electronic transmission or via download which shall be deemed accepted by you.
    2. The Licensor’s software licence terms will govern your use of Software (“License Terms”).
    3. In using the Software, you and your End Users shall comply with the following restrictions:
      1. the number of persons assigned by you to use the Software shall not exceed the limit stipulated in the Registration Form, Proposal or License Terms (if any);
      2. you may not use the Software for any purpose other than as expressly authorized under the Proposal or License Terms;
      3. you may not authorize or permit any third party (save for the End Users(s)) to use or access the Software without Maxis’ prior written consent;
      4. you may not sublicense, assign, or otherwise transfer any of its rights in the Software to any third party;
      5. you may not modify, correct, adapt, translate, enhance or otherwise prepare any derivative works of or improvements to the Software;
      6. you may not reverse engineer, disassemble, decompile, decode or adapt the Software or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part; and
      7. you shall not make any copies of the Software unless otherwise permitted under the License Terms.

      In the event of any conflict or inconsistency between the restrictions set out in Clause 7.3 above and the License Terms, the latter shall prevail.

    4. Software is covered by limited warranty statements and coverage provided or made available by the relevant Licensor. Unless otherwise specified in the Agreement or the warranty statements referenced in the above, Software warranty claims do not cover:
      1. your failure to meet hardware specifications, as recommended by Maxis and/or Licensor(s);
      2. defects caused by your failure to meet minimum system requirements;
      3. modifications or improper system maintenance or calibration not performed or authorized by Maxis;
      4. malware not introduced by Maxis;
      5. abuse, negligence, accident, fire or water damage, electrical disturbances, or other causes beyond the’ control of Maxis or the third party licensor;
      6. defects and/or problems caused by or resulting from accident, abuse, unauthorized repair, modifications, enhancements and/or misapplications;
      7. use of the Software in a manner inconsistent with this Agreement and any instructions, manuals and/or specifications provided by the Licensor;
      8. defects or problems are caused by or resulting from events beyond the reasonable control of the Licensor; or
      9. use of Software in combination with other products not supplied by Maxis.
    5. If you subscribe for Managed Services for the Software, Maxis will provide reasonable assistance to you in facilitating warranty claims against the Licensor(s) for faults or defects in the Software. If the Licensor rejects any claim or is unwilling or unable to perform under the terms of the warranty, you agree that Maxis shall not be liable.
    6. Should you opt only for the subscription of Software, the installation, configuration and support services will be excluded and will be charged separately if subscribed separately. For completeness, for the subscription of Deltapath-related Software, Maxis will provide one-time installation and configuration services of the relevant Software on the applicable Hardware.
    1. You shall obtain all necessary approvals, licenses, authorizations, consents and permits to enable Maxis to (i) reasonably access the Site(s); or (ii) use, access, maintain or modify your (or third party) software or hardware, or other materials provided by you, to the extent necessary to provide Managed Services to you. If you fail to provide such access, consents or approvals, this may result in Maxis’ inability to provide Managed Services and you shall be liable for any delays and/or breach arising from the same.
    2. You are responsible for removing or dismantling any hardware or software ineligible for Managed Services to allow Maxis to perform such services.
    3. Relocation of any Hardware or Software subject to the Managed Services is your responsibility. The provision of any Maxis’ services for relocation of such Hardware or Software relevant for the Managed Services is subject to: (a) local availability of Maxis’ services; (b) change in Charges; and (c) any applicable license terms for such Hardware or Software.
    4. The scope, assumptions, dependencies, qualifications, exclusions and service levels of the Managed Services are stated in the Proposal.
    5. Where necessary, Maxis is entitled to make any alteration or changes to the Managed Services in whole or any part thereof. Where reasonably practicable, Maxis will endeavour to give you advance notice of such changes, be it through written notice, electronic mail, our bill, Maxis website or such other form as Maxis deems appropriate. Where such changes will materially adversely impact the Managed Services, Maxis may recommend relevant actions and steps for your consideration.
    6. Where (i) Maxis recommends or propose any upgrades / enhancement / modifications to the Software and Hardware which are subject to the Managed Services; and (ii) such upgrades / enhancement / modifications are not accepted by you, Maxis is not responsible and will not be liable for (i) any defects, bugs, faults, and incompatibility of the Hardware and Software; and (ii) for the Software and/or Hardware failing to meet the requirements under the Agreement or as may be required by you.
    7. Maxis does not support or provide any support for any ‘End-of-Life’ Hardware and ‘End-of-Support’ Software. The terms “End-of-Life” and “End-of-Support” refers to the situation whereby the relevant hardware or software is no longer supported / serviced / maintained by the relevant manufacturer / principal / licensor.
    1. The parties will mutually agree an acceptance test plan, including objective acceptance criteria. In the absence of any acceptance process and plan in the Agreement, acceptance of Services will occur upon delivery by Maxis to you.
    2. Acceptance test procedure
      1. Maxis will notify you when the Service is ready for acceptance testing.
      2. Upon completion of testing, you will either sign the acceptance report provided by Maxis or notify Maxis in writing with details of any failure of the Services to conform to the acceptance criteria in the plan (where applicable).
      3. Maxis will correct any non-conformance within a reasonable time and will redeliver the Services for a repeat of the steps (a) and (b) as necessary to verify conformance with the plan (where applicable).
      4. In the event that Maxis is unable to remedy the non-conformance, your sole remedy will be to either (i) accept the Services, as delivered, without warranty, subject to reasonable price adjustment, or (ii) accept alteration of the solution (with price adjustment if applicable).
    3. Services requiring acceptance testing will be deemed accepted by you upon the earlier of (i) when you advise Maxis of your acceptance; (ii) 5 Business Days after completion of testing if no notice of non-conformance is issued by you and received by Maxis; or (iii) when you use Services for any purpose other than testing and review. You will not unreasonably withhold or delay acceptance of the Services. In the event of any delay of acceptance of the Services contributed by or due to you, you acknowledge that this may reduce the warranty period for any Software and Hardware that Maxis are delivering to you. If you require any extension of the warranty period, Maxis has the right to charge any relevant costs for the extension of such warranty.
    4. If Professional Services require any consents, you are required to obtain all necessary approvals, licenses, authorizations, consents and permits to enable Maxis to (i) reasonably access the Sites, or (ii) use, access, maintain or modify your (or third party) software or hardware, or other materials provided by you, to the extent necessary to provide the Professional Services.
    5. You will (i) ensure that your personnel cooperate fully with Maxis for the provision of Professional Services, and (ii) promptly provide Maxis with such information and documents as we may reasonably request for the proper performance of our obligations hereunder. You shall be responsible for ensuring such information is true, accurate, complete and not misleading in any material respect.
    6. Maxis shall use all reasonable endeavours to perform the Professional Services by the dates set out in the Registration Form, Proposal or the project plan (as may be agreed between the parties). Maxis shall have no liability for liquidated or other damages arising out of such delay.
    7. Maxis warrants the Services will conform materially to their written specifications for 5 Business Days following acceptance (where the Services require acceptance testing) or following delivery (where there are no acceptance process agreed between the parties). If you notify Maxis of a non-conformity during such 5 Business Days period, Maxis will promptly remedy the impacted Services.
    8. Maxis does not warrant (i) any business results you may wish to achieve; and/or (ii) complete protection against any security or other risks.
    1. If you intend to vacate or relocate from the existing Site(s) where any part of Our Equipment is installed, you shall inform Maxis by giving thirty (30) days prior written notice. Maxis may, at any time within that period, remove and retain Our Equipment for safekeeping without affecting your liability. Maxis may, subject to mutual agreement, either relocate Our Equipment to your other premises at your cost in order to continue to provide the Service(s) or discontinue the Service(s) in accordance with this Agreement.
    1. Maxis may allocate a Maxis fixed line number to the Service(s) according to the installation address provided by you and vary that number in accordance with national regulatory policy on numbering.
    2. You shall not transfer and/ or assign the telephone numbers and personal identification numbers provided to another user or any third party without Maxis' prior written consent.
    3. You have no claim of any legal interest or goodwill in any number or personal identification number issued by Maxis.
    4. You shall manage matters relating to other operator’s fixed line numbers (i.e. non-Maxis) in the event you may have any subscription with them.
    1. Service(s) with DIA / Business Fibre Internet / MPLS IP VPN Service / Maxis Business Voice SIP
      Suspension, barring or termination of DIA, Business Fibre Internet, MPLS IP VPN Service and/or Maxis Business Voice SIP will not cause the Service(s) to be suspended, barred or terminated. The Service(s) will continue to be subscribed for the Minimum Period of Service (where applicable) and any renewal thereafter, unless terminated according to the terms of this Agreement.
    2. Service(s) with Other Service Provider’s connectivity
      The provision of the Services may be dependent on connectivity and/or voice services (e.g. SIP Trunk, PRI trunk, analogue telephone trunks) provided by other third party service providers as may be engaged by you. It would be your responsibility to communicate and discuss with your respective third party service providers if any of such services have impacted the delivery, provision or performance of the Services and its functionalities. Suspension, barring or termination of such services provided by third party service providers will not cause the Service(s) to be suspended, barred or terminated. The Service(s) will continue to be subscribed for the Minimum Period of Service (where applicable) and any renewal thereafter, unless terminated according to the terms of this Agreement.
    1. Your subscription of the Services may be subject to a Minimum Period of Service and upon the expiry of the Minimum Period of Service, this Agreement shall be automatically renewed on a monthly basis at the charges and rates imposed by Maxis and on the same terms and conditions unless terminated by either party by giving a thirty (30) days advance written notice.
    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 the Service(s) or any part thereof by giving Maxis thirty (30) days’ advance written notice. If you terminate the Service(s) on or within thirty (30) days from the date of installation of the Service(s), you are to pay Maxis the installation cost for the Service(s), which will be recovered from you as a debt due to Maxis.
    4. In addition to Clause 13.3 above, if you change your package or terminate the Service(s) before the expiry of the Minimum Period of Service or if Maxis terminates the Service(s) or Agreement or any part thereof due to breach by you, you shall in addition to paying the due payments in Clause 13.6 below, pay Maxis an early termination charge for every month or part thereof of the unexpired duration of the Agreement. You shall be furnished with a final statement of account which shall be due and payable by you to Maxis upon receipt. The early termination charges shall be calculated as follows:

      5. [Monthly or annual charges]
      X
      [The remainder of unexpired duration of the Agreement]

    5. In the event where (i) Maxis has committed to the order(s) for the Hardware and/or Software or commenced delivery of the Hardware / Software, and (ii) you have decided to cancel / terminate the delivery of the relevant Hardware / Software, Maxis shall have the right to charge you: (a) 20% of the price of the Hardware; and (b) 100% of the price of Software subscription, and extended warranty.
    6. Upon termination of the Service(s) or part thereof or this Agreement for any reason whatsoever, you shall be liable to Maxis for:
      1. Service(s) that has recurring subscription that is still in contract. The monthly subscription fee for the whole month preceding the termination and if there are any other outstanding amount due to Maxis, to be settled in full;
      2. Any early termination of the Service(s). You will have to settle any remaining unbilled amount due to Maxis for Service(s) subscribed in full; and
      3. Any call charges incurred by you until Maxis ceases providing the Service(s).

    1. 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.
    1. The compilation (including but not limited to the collection, arrangement and assembly) of all our Content in the Service(s) is the exclusive property of Maxis or our Licensor, as the case may be and protected by copyright, trademarks and/or other Intellectual Property rights and other relevant laws of Malaysia, the applicable laws of the country of domicile of the Licensor and international copyright laws. You are only allowed to view and use our Content and Service(s) for commercial purposes during the term of this Agreement. Our Content in the Service(s) may not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means except with our prior written consent.
    2. We reserve the right to modify, add or delete any of our Content appearing on or in connection with the Service, at any time without prior notice.
    3. You may not frame or utilise framing techniques to enclose any of our Content, trademark, logo, or other proprietary information (including images, text, page, layout, or form) of Maxis or our Licensor without our prior written consent. You may not use any meta tags or any other “hidden text” utilising names, logos or trademarks belonging to Maxis or our Licensor without our prior written consent.
    4. Unless expressly stated in this Agreement, no license or rights to our Content are granted to you and your access or use of the Service(s) should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos, or marks without Maxis’ and our provider’s prior written consent.
    5. You acknowledge and agree that by using the Service(s), you may be exposed to Content which is inaccurate, misleading, defamatory, offensive and unlawful. Any reliance on or use of any Content on or accessible from the Service(s) is at your own risk. We are not responsible nor do we endorse, support or guarantee the lawfulness, accuracy or reliability of any of our Content transmitted or displayed by or linked to the Service(s).
    1. We do not control, actively monitor or review your Content and you shall be responsible for any of your Content and for the accuracy, integrity, legality, reliability, appropriateness, quality and ownership of your Content.
    2. Service allows you and/or your End Users to post, upload, send or otherwise make available Content on your Service. When you do that, you retain the ownership rights in your Content which are your sole responsibility. You are also responsible for any links to other third party websites or resources or services that you use. We do not claim ownership of your Content and you (or your End Users) retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources, in particular from the collection of predesigned templates.
    3. You are entitled to use materials that we render available to you solely to use the Service(s) for its intended purpose. Please note that our resources (in particular the predesigned templates) may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular on the Service(s). If you do not satisfy our demand, we shall be entitled to delete such materials at our sole discretion, with no liability on our side. In the aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
    4. If you post, upload, send or otherwise make available Content which belong to a third party, you undertake to obtain the consent of such third party, in addition to and not in derogation of your obligations resulting from these terms and conditions.
    5. You acknowledge and accept that we may preserve your Content and disclose it if we are required to do so by law or if it is necessary to enforce these terms and conditions, a court order or a decision of a competent public authority, respond to claims that any of your Content or the activity of the Service(s) violates the law or the third party’s rights.
    6. While we are not required to pre-screen or control your activity related to the use of the Service(s), you consent to allowing us to access, review, screen and/or delete any of your Content, block or suspend access to the Service(s) or any part of it, with or without notice, at our sole discretion at any time if we receive any information or have reasonable suspicion that your or the End User(s)’ activity or your Content violate these terms and conditions or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.
    7. You should not post, upload or send Content that:
      1. violates or infringes a third party’s rights of publicity, privacy, copyright, trademark or other Intellectual Property right;
      2. misrepresents or misleads;
      3. bullies, harasses or intimidates;
      4. slanders, defames or libels; and/or
      5. spams other users.
    1. You shall only allow authorised personnel to have access to the relevant solution platform or cloud admin portal to configure your End User(s) feature (e.g. telephone number, call plan and license), including constant supervision and management of the use of the Service(s). You are required to closely monitor and manage the usage of the Service(s) used by your End User(s).
    2. Registered End User(s) will be able to login to use the Service(s) using the Log-on Details that you have granted access to them, with supported Devices. The Service(s) does not support jail-broken/ rooted Mobile Device for both IOS and Android devices.
    3. The Service(s) only supports the current and previous one (1) version software on Devices (Android or iOS). The relevant Software may automatically download, and upgrades, updates or other new features may automatically install. You may be able to adjust these automatic downloads via the settings in your Devices.
    4. If an End User(s) intends to switch to new Devices, the End User(s) is required to reinstall the relevant Software in the new Devices and login as usual using its registered User ID and password.
    1. We will create an account and provide you with one (1) main Log-on Detail information required to connect to and access the Service(s) for making or receiving calls through the Maxis fixed line telephone number, including a sufficient number of Log-on Details, as determined by us to provide your End User(s) with access.
    2. Maxis reserves the right to request you to reset or alter your Log-on Detail. You may change and/or create new Log-on Details at any time by submitting a request to us in writing which shall be subject to our approval and any additional charge. The right to your account, Log-on Detail and other identifiers used for the Service(s) does not transfer to you and can be disabled, reclaimed and reused once your account is terminated or deactivated for whatever reason by either you or us.
    3. You are encouraged to periodically change your Log-on Detail especially when an End User is changed.
    4. You acknowledge that the provision and use of the Service(s) shall include, but not limited to:
      1. access to enabling the Service(s) you subscribe to make and receive calls through Maxis Fixed Voice Number and Public Telephone Network.
      2. Acting as a single point of contact for Maxis to contact or consult in connection with the Service(s) whenever the need arises.
    5. We reserve the right to invalidate or suspend your Log-on Details at any time without being obliged to offer you any explanation or prior notice in the event of (i) non-payment, (ii) suspected and/or proven misuse of the Service, (iii) you are not complying with your responsibilities and obligations under this Agreement, or (iv) any infringement of a third party's Intellectual Property occurs or is alleged in connection with the Service. We shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.
       
    1. You shall also provide adequate power points and fuses (as approved by Tenaga Nasional Berhad).
    2. You shall not tamper, remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    3. You shall only connect Your Equipment which is type approved by the appropriate authorities to Our Equipment.
    4. If during operation of the Service(s), Your Equipment causes fault, you shall pay Maxis all the restoration costs incurred to restore the Service(s).
    5. You shall not remove, relocate or cause the removal or relocation of Your Equipment and Equipment of the Service(s) subscribed that is managed or maintained by Maxis (where applicable) (including the removal or any mark, word or number on the Equipment) without Maxis’ prior written permission. If consent is given by Maxis, you may request Maxis to disconnect or reconnect Your Equipment from Equipment of the Service(s) subscribed (where applicable) at a mutually agreed fee. The costs of removal or relocation of the Equipment of the Service(s) subscribed (where applicable) shall be borne by you.
    6. For the avoidance of doubt, we shall not be liable for any failure to provide the Service(s) due to any fault in Your Equipment.
    7. You acknowledge and agree that you shall:-
      1. adhere to the terms and conditions herein;
      2. use the Service(s) only and directly related to your trade, business or profession. You shall not use the Services(s) in any manner that could damage, disable, impair, disrupt, inhibit or otherwise interfere with other users from enjoying the Service(s) or that could damage, disable, overburden or impair the functioning of the Service(s), the networks or security systems used to provide the Service(s);
      3. always use caution when giving out any personally identifiable information about yourself or your personnel via Service(s) and/or the Service(s);
      4. not carry out or permit to be carried out any copying, additions, improvements, adjustments, modifications, alterations, reverse engineering, replacements, reselling and/or distribution of tout the prior written consent of Maxis;
      5. retain Service(s) at all times in the custody and control of yourself and not permit any third party to use Service(s). Use of the Service(s) by any third party shall be deemed to be use of Service(s) by you;
      6. be solely responsible for any data or Content transmitted or broadcasted (whether authorised by you or not) and the security of any data/information retrieved, stored or transmitted and managing the use of the storage capacity for your data/information to ensure it is within the capacity allocated to you. We are not liable for any unauthorised access to any data/information notwithstanding the cause of such unauthorised access and shall have no obligation to back up or manage the data/information;
      7. be responsible to ensure connectivity service from other non-Maxis operators that you may be using is functioning properly.
      8. not suspend Service at any time that is under contract. Service shall continue even if you suspend the other service provider or Maxis connectivity service;
      9. access the Service mobile application and Service web application only through the interface provided by Maxis and not by any other automated means or interfaces;
      10. use the Service at your own risk, including information and data you upload, input or provide when using the Service;
      11. use all precautions to prevent, and report immediately to us upon the discovery of, any fraud, unauthorised usage, or any other unlawful acts and you agree to lodge a police report whenever instructed by us and to give us a certified copy of such report;
      12. not use or permit the use of the Service or install, connect, link or use or permit the installation, connection, linking or use of any equipment in contravention of any law or which generates or is likely to generate traffic or usage which causes or is likely to cause congestion in or disruption to the provision or operation of any service by us or any other service provider;
      13. use the Service(s) according to the specifications, guidelines and recommendations and shall immediately disconnect or cease to use the Service(s) at our request;
      14. impose necessary restrictions and obligations on the End User(s) to ensure they uphold these terms and conditions as if the End User(s) were a party to this Agreement;
      15. be adequately insured with a reputable insurer against all risks which a prudent person carrying on its business would insure against;
      16. be responsible for obtaining and maintaining all licences, permits, consents, authorisations and intellectual property or other rights required for the use of the Service(s) and other equipment and software in your name and at your expense; and
      17. ensure that all other equipment and software used in connection with the Service(s) or part thereof are compatible and can properly function.
    8. You bear ultimate responsibility over the Customer Data and Maxis has no liability for loss, corruption, or destruction of Customer Data. You are responsible for obtaining and maintaining all necessary rights and permissions to enable, and grants such rights and permissions to, Maxis, including its Related Corporations and contractors, to use, provide, store and otherwise process Customer Data as part of the Services. This includes you making necessary disclosures and obtaining consents, 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 the Services, you will not input, provide or allow such Customer Data without Maxis’ prior written consent. Where the Customer Data are critical or significant to your operations, you are advised to safeguard, maintain and back-up the Customer Data.
    1. MAXIS SHALL NOT BE HELD LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICE(S). ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE SERVICE(S), WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY MAXIS OR ITS AGENTS, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.