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Terms & Conditions

Service Specific Terms & Conditions – Dedicated Internet Access

Version [15 August 2023]

    1. Service(s): Dedicated Internet Access 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.
    1. Unless the context otherwise requires, the highlighted words shall have the following meanings:
      “Dedicated Internet Access Service” means Maxis’ provision of access to the internet, comprising a group of inter-networked equipment including Maxis’ provision of a transmission link (whether fixed or otherwise) between the Sites and the applicable Maxis nearest Internet Exchange and any value-added features that may be added by Maxis and/or other services requested by you.
      “Final Designated Network Access point” means last manhole located outside the Private Property Line (PPL) of the Site.
      “Internet Exchange” means Maxis network that provides connectivity to internet where you connect to receive Service(s).
      “Minimum Period of Service” means the period as specifically detailed out under Clause 9.1 below or such other period as stated in the Registration Form commencing from the Service Commencement Date.
      “Service Commencement Date” means the date on which Maxis notifies you that the Service(s) is ready for use and accepted by you. The Service(s) is deemed accepted by you three (3) working days from the date of submission of the Service Acceptance Form or document of similar nature or description 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 Our Equipment is to be placed for the provisioning of the Service(s).
    1. Subject to acceptance by Maxis, Maxis will provide the Service(s) to the Site(s) as requested by you.
    2. The Service(s) subscribes by you will be standard dedicated internet access (“Standard DIA”) or Maxis Usage Based Internet.
    3. If you subscribe for:
      1. Standard DIA, all terms and conditions under this SSTC will apply to you, except for the provisions under Clause 6; or
      2. for Maxis Usage Based Internet, all terms and conditions under this SSTC will apply to you including provisions under Clause 6.
    4. 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 Maxis Internet Server.
    5. Maxis does not guarantee or warrant: (a) availability of the Service(s), and (b) continuous, uninterrupted or secure access to the internet.
    6. Maxis is responsible to maintain and service the network infrastructure up to the Final Designated Network Access Point. Any maintenance and services beyond the Final Designated Network Access Point, including but not limited to internal cabling, ducts, pathways, and equipment within the Site shall be your responsibility.
    7. Maxis excludes its liability and will not be responsible for risks associated with network configurations within the Site, including but not limited to single-path setups or limitations in redundancy. You acknowledge and accept all liabilities and risks associated with a single-path network configuration within the Site, including disruptions or potential disruptions of the Service(s) arising from the lack of redundancy.  
    8. You shall be solely responsible for keeping an independent back-up of all data retrieved, stored or transmitted through the Service(s).
    9. Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.
    10. The bandwidth subscribes by you for the Service(s) is inclusive of transmission overhead generated by network equipment when receiving and sending data. Any loss of bandwidth due to the transmission overhead is to be treated as within normal parameters and is an acceptable industry norm. You shall access Maxis' approved speed test system, available at Maxis Speedtest to run the speed test and obtain the actual bandwidth utilization reading. Maxis will not recognize nor be bound by any speed test results of the Customer’s subscribed bandwidth unless such results are obtained through Maxis’ approved speed test system. Any speed test of the subscribed bandwidth for the Service(s) should be up to Maxis’ local Internet access gateway.
    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.
    1. You shall be responsible for all telecommunications charges arising from: (a) any service used to establish a leased line connection to the Service(s) and (b) for any surcharges levied by a third party when a call to access the Service(s) is made from facilities provided by a third party, you are responsible for any surcharges levied by the third party for the call.
    2. You are to provide adequate power points and fuses (as approved by Tenaga Nasional Berhad) for the operation of Our Equipment.
    3. You shall not remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    4. 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.
    5. 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.
    6. 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/or (c) imposition of any fees by the local councils or the relevant authorities in relation to the Service(s).
    1. Maxis Usage Based Internet (“MUBI”) will be offered at the following packages:
      1. Business Package(s) will be offered at download speeds of up to 10Mbps, 30Mbps, 50Mbps and 100Mbps; and
      2. Data Center & Hosting Package will be charged based on the total monthly usage.
    2. Additional terms for Charges under MUBI:
      1. If you exceed the monthly network usage quota under the Business Package, you will be charged for the additional usage and such charges will be rounded up to the nearest one decimal point. You are responsible for payment of all monthly recurring Charges and other charges associated with the Service(s).
      2. For the Business Package, Maxis will provide you a period of 3 months or such longer period as agreed by Maxis in order for you to monitor the network usage (“Grace Period”). During the Grace Period, if you exceed the monthly network usage quota under the Business Package, you will not be charged for the additional network usage and you are allowed to upgrade the Service(s). After the Grace Period, if you exceed the monthly network usage quota, you will be charged at the rates as offered to you by Maxis subject to the monthly recurring Charges capping as notified to you by Maxis.
      3. The readings will be based on network readings from Maxis’ Network infrastructure and Charges will be based on those readings.
      4. For the avoidance of doubt, network usage measurement provided by Maxis will be the final determination of network usage. Maxis will use the total network usage for inbound and outbound traffic. Maxis will provide you with access to MaxisOne Business Hub portal to monitor your network usage.
    3. For Business Package(s), if you terminate the Agreement before the expiry of the Minimum Period of Service, you are to pay Maxis the monthly recurring Charges for the whole months remaining for the Minimum Period of Service. In addition, for Data Center & Hosting Package, you will be charged a fee of RM5,500 or such other charges as may be notified to you by Maxis from time to time. This Charge does not include applicable taxes.
    1. Maxis BOD plan 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 Your 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 for Maxis BOD 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 Maxis BOD plan Charges will be reflected in the following month’s bill.
    10. The Service Levels for the Maxis BOD will be the same as the Service(s) that you have subscribed.
    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.
    1. Maxis Burstable plan allows you to increase up to 100% from its subscribed bandwidth subject to the following terms and conditions.
    2. By subscribing to the Maxis Burstable plan, you are entitled to increase your subscribed bandwidth by an additional bandwidth not exceeding 100% of the subscribed bandwidth.
    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 Burstable 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. The readings will be based on network readings from Maxis’ Network infrastructure and Charges will be based on those readings.
    6. For the avoidance of doubt, network usage measurement provided by Maxis will be the final determination of network usage. Maxis will use the maximum value readings for inbound and outbound traffic. Maxis will provide you with access to MaxisOne Business Hub (“OBH”) portal to monitor your network usage.
    7. Maxis will deploy the industrial standard billing method based on the 95th percentile method. The readings will be based on traffic data samples collected periodically over a calendar month where the top 5% of your monthly bandwidth utilization will be excluded from the calculation.
    8. The traffic captured for each interval is the maximum value for inbound and outbound traffic which will be used as the data source. The 95th percentile value will be calculated separately for inbound data and outbound data and will use the maximum of those two values.
    9. The rates for the Maxis Burstable plan is calculated as follows:
      Total monthly charges = Fixed Monthly Charges + Burstable Charges
      Z = X +((Y1 – Y2) x C)
      Z: Total monthly charges
      X: Fixed monthly rate for the committed subscribed bandwidth
      Y1: 95th percentile burstable bandwidth (Mbps)
      Y2: Fixed Subscribed Bandwidth (Mbps)
      C: The unit rate (RM /Mbps/month) of the burstable bandwidth charge
    10. Billing will be based on a monthly billing cycle. The Maxis Burstable plan Charges will be reflected in the following month’s bill.
    11. The Service Levels for the Maxis Burstable plan will be the same as the Service(s) standard plan. This applies for SLA 99.7%, SLA 99.9%.
    12. For termination, you will need to give at least 1 months’ notice period to change Maxis Burstable plan to standard fixed plan but the monthly recurring Charges will remain unchanged.
    1. The Minimum Period of Service(s) is as follows:
      1. Standard DIA is twelve (12) months commencing from the Service Commencement Date;
      2. Business Packages under MUBI is twenty four (24) months commencing from the Service Commencement Date;
      3. Data Center & Hosting Package under MUBI is twelve (12) months commencing from the Service Commencement Date, 
      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 relocate or upgrade the Service(s) during the Term, you are not liable to pay for the remainder of the monthly recurring charges for the Term, provided you terminate this 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.
    6. If you relocate and downgrade the Service(s), you shall continue to pay Maxis the monthly recurring charges, unless otherwise agreed by Maxis in writing.
    7. This Agreement shall automatically continue for an extended term as the existing Term 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 before expiry of the Term.
    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) 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.