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Service Specific Terms & Conditions – Digital Workspace

 

Version [25 February 2021]

General

  1. You: The Business Customer subscribing to the Service.
  2. Equipment: The laptop device offered as part of the Service.
  3. Software: The application software offered as part of the Service, including Microsoft 365 for Business, VMware Workspace ONE and Trend Micro Worry-Free Business Security Services.
  4. Service: The Maxis Digital Workspace which comprises Equipment, Software, Equipment professional setup and support, connectivity and IT support for the Software.
  5. User(s): You and/or your employees who make use of the Service.
  6. Supplier(s): The provider(s) of the Software, namely Microsoft, VMware and Trend Micro.
  7. Partner(s): The company(ies) authorised by us to perform technical troubleshooting and onsite professional service and support.
  8. Commencement Date: The date Service is delivered and deployed at your location, provided it does not exceed one week after the date you received call to appoint on Service deployment. Otherwise, the service commencement date is defined as three working days after the date you received call for Service deployment.
  9. Service Duration: The 36 months period calculated from the Commencement Date, whereupon the Software licensing & Equipment warranty will cease thereafter.
  10. The use of the Service is subject to the General Terms & Conditions (“GTC”), this Service Specific Terms & Conditions (“SSTC”), Maxis Fair Usage Policy, all at www.maxis.com.my/tnc/business and the Supplier’send user terms and conditions.
  11. Capitalised terms herein have the same meaning as defined in the GTC.
  12. 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.

Service Deployment

  1. You shall receive a call from Partner prior to the Service deployment on fixing the date for the delivery of Equipment together with the performance on the scope of work as specified in Clause 17 below. 14. You shall supply any needed user’s name, ID and password necessary for the setup of Software.
  2. You shall supply any needed user’s name, ID and password necessary for the setup of Software.
  3. You are responsible for providing any necessary drivers for your external peripherals that are not covered by normal plug and play processes.
  4. All Equipment in an order will be scheduled together as part of a singular Service deployment event.
  5. The scope of Service deployment carried on by the engineer at your location includes the following:
    1. Equipment Setup:
      1. Unpack, inspect and organize Equipment components and peripherals.
      2. Attach network patch cables provided by you or connect to your wireless network using your supplied logon information.
      3. Connect power cords into electrical source.
      4. Boot the Equipment and verify Internet connection.
      5. Connect to external peripherals including mouse, monitor, printer and scanner supported by Microsoft Windows 10 operating system.
      6. Insert Maxis SIM card into Equipment with built-in LTE modem and verify Internet connection.
      7. Trigger replacement and/or repair escalation process if the Equipment is found to be defective.
      8. Provide general guidance on the use of Software including collaboration tool and cloud storage.
    2. Software Installation:
      1. Install Software.
      2. Configure office suite, email service, collaboration tool and cloud storage included in the Software.
      3. Configure the policy and security settings of the Equipment and its associated operating system through the Software.
      4. Configure the endpoint protection and security settings through the Software.
      5. Configure user name and password for operating system and Software.
      6. Create shortcuts to access the Software.
    3. Data Migration:
      1. Transfer data and/or files from the previous laptop or PC, capped within 60 minutes per Equipment.
      2. Move user identified files, *.pst, *.pab, and MS Internet Explorer Favorites residing in the “My Documents” folder. (iii) Copy the content of directory designated and ready by the User prior to this onsite service to the Equipment.
  6. We shall not be liable for any loss of data resulting from data migration.
  7. Additional travel fees might apply for location far from the town.
  8. Annual Preventive Maintenance
    1. You are eligible for one time onsite support per Equipment per year for preventive maintenance at your location that covers the following scope:
      1. Optimize operating system settings.
      2. Update critical Windows files and service packs.
      3. Guide on the general features of the Software.
      4. Troubleshoot issues or problems with the operating system and Software.
    2. Additional travel fees might apply for location far from the town.
    3. The eligibility of annual preventive maintenance does not overlap with the Equipment onsite support as specified in Clause 22 below.
  9. Software Support
    1. Software Support is available during normal business hours from 8am to 12am, Monday through Sunday, excluding public holidays.
    2. Software Support is provided remotely via email, telephone and/or assisted by remote troubleshooting software. You must ensure the proper installation of remote troubleshooting software as per instructed during the phone session to ensure successful solving of issue(s).
    3. The scope of Software Support covers the following on a best effort basis:
      1. Configuration settings and use of Microsoft Windows 10 operating system.
      2. Use of Microsoft Teams, Outlook and OneDrive.
      3. Generic use of Microsoft Office Suite, excluding Excel formulas, VBA Macro & scripts.
      4. Schedule of Windows update.
      5. Reset of user passwords for operating system and Microsoft 365.
      6. Use of Trend Micro Worry-Free Business Security Services.
      7. Use of preloaded Google Chrome and Microsoft Edge browser.
    4. We shall not be responsible for the following scope:
      1. Third party software not preloaded in the Equipment during Service deployment.
      2. Preparation of Microsoft Word documents, PowerPoint presentation slides and/or Excel sheets.
      3. Troubleshooting or editing of any scripts or any scripts not built by us.
    5. Depending on the nature of the issues, we will perform escalation to Partner for contacting you on conducting further investigation and/or troubleshooting.
    6. In event of a situation that cannot be resolved successfully via remote session, you may request the arrangement of an engineer for onsite software support. Charges may apply for the onsite software support if you have used up the yearly eligibility of preventive maintenance for the particular Equipment. If none of the support method works to resolve the issues, you agree to allow the engineer to perform a factory reset on the Equipment and reinstall the Software. You are responsible to back up all the necessary data in OneDrive cloud before the factory reset.
    7. Notwithstanding the best effort, neither we nor Partner can guarantee the full resolution of issues and restoration of data to be identical to before. You must bear the risk of data loss.
  10. Equipment Warranty Support
    1. For any issues, problems, abnormalities, malfunctions, defects or damages of Equipment, you are entitled for warranty support throughout the entire Service Duration.
    2. You shall email or call us during normal business hours from 8am to 12am, Monday through Sunday, excluding public holidays to lodge on incidents that require warranty support.
    3. We shall escalate the issue to Partner for remote diagnosis and troubleshooting before onsite support.
    4. Partner will arrange an engineer to be dispatched to arrive at your location for Next Business Day onsite support, commencing from when the telephone based troubleshooting is completed and logged by the Partner, to the arrival of service technician at your location. This next business day on-site support is in addition to the average problem determination time from call placement for both parties to investigate problem and define the required action plan. Support calls received after 4:00pm local time will require an additional day to dispatch an engineer. The date for the onsite support is also subject to availability of service parts.
    5. You must provide a suitable working area for the repair of Equipment.
    6. At Partner's discretion for further investigation, performance test, etc., some repairs may need to be completed outside your location. If so, Partner will send the Equipment to the service center at its expense and return the repaired or replacement Equipment.
    7. Notwithstanding the best effort, neither we nor Partner can guarantee the full restoration of data on the repaired or replaced Equipment to be identical to before. You must bear the risk of data loss.
    8. Only unaltered Equipment and parts are eligible for replacement. The replacement Equipment or part provided by Partner will be in good working order and functionally equivalent to the original product or part. The replacement Equipment or part may not be new. The replacement Equipment or part shall be warranted for the remaining Service Duration.
    9. You are entitled to one time battery replacement throughout the Service Duration in the event of battery defect or failure to meet minimum performance standards. The battery replacement is subjected to the battery health thresholds as determined by Partner’s battery diagnostic tool taking the necessary factors into consideration. 22.10The warranty support is only eligible within Malaysia but not overseas.
  11. Accidential Damage Protection
    1. In event of a damage on Equipment during the Service Duration due to accidents such as:
      1. liquid spills on the keyboard;
      2. unintentional bumps or drops from not more than fifteen (15) feet or five (5) meters; and
      3. an electrical surge that damages the product’s circuitry or failure of the integrated screen.

      Maxis and Partner will decide, each in its sole and absolute discretion, if the damage is caused unintentionally and perform onsite repair without imposing any charges on you.

    2. The components covered for repair include the internal central processing unit, integrated hard disk drive, integrated keyboard, integrated pointing devices, integrated screen, and other components included as a standard feature within the Equipment.
    3. Accidental Damage Protection is strictly for the Equipment hardware only. Accidental Damage Protection does not cover any damage (including without limitation malware inflicted damage) to operating system and/or software preloaded on, purchased with or otherwise loaded on the Equipment.
    4. The total number of claims eligible under Accidental Damage Protection is limited to and shall not exceed the amount equivalent to the price of the Equipment. Once the total cost of repair exceeds the price of the Equipment, Maxis and the Partner reserve the right not to perform the repair and no further claims can be made.
    5. If the cost per claim exceeds the price of the Equipment, the Equipment may be replaced at Partner’s discretion.
  12. Total Loss Insurance
    1. The Equipment is covered with unintentional damages caused outside normal operating condition that does not constitute negligence such as theft and damage due to flood and fire.
    2. You are entitled for only one claim throughout the Service Duration and the coverage is terminated upon claim.
    3. In case of a theft, you must submit a police report for us to process the claim. Furthermore, the claim is only eligible if the theft does not constitute negligence, such as you or your users leaving the device inside an unmanned vehicle.
    4. In case the Equipment is destroyed in a flood or fire, you shall obtain an official report or certificate issued by local fire department and/or police, and submit it with a request for a replacement of Equipment to us.
    5. The claim is only valid within Malaysia only and does not cover the loss overseas.
    6. In our sole and absolute discretion, we and the Partner will provide a replacement Equipment that has equivalent functions excluding AC adapters, external devices, battery packs, as well as other accessories and software not supplied by us. We do not guarantee the same model and product specifications with the original Equipment.
    7. Charges for onsite software support may apply for configuring your operating system and other settings upon receiving the replacement Equipment.
    8. We do not guarantee that the replacement Equipment provided to you will facilitate a built-in LTE modem if the original Equipment contains it.
  13. Exclusion on Equipment Support
    1. For the avoidance of doubt, the Service does not cover support for the following:
      1. Any external peripherals connected to the Equipment, including but not limited to memory disks, wire connections, AC adapters, carrying cases or folios, stylus or digitizer pens, cradles, docking stations, port replicators, external keyboards, printers, scanners, external drives, projectors, external mice, or other input/output devices; or
      2. Any other components not internal to the Equipment; or
      3. Optional features not installed during Service deployment; or
      4. Accessories purchased in addition to the Equipment; or
      5. Normal wear and tear of the Equipment; or
      6. Cosmetic damage including scratches, dents, or cracks that do not affect the Equipment’s functionality or structural integrity); or
      7. Damage from abuse, misuse, unauthorized modification, unsuitable physical or operating environments, improper maintenance by anyone other than we and Partner, removal of original parts or alteration of Equipment or identification labels; or
      8. Damage caused by a product not covered under this Agreement or caused by biohazards or human or animal bodily fluids or damage caused by animals, including all types of pets and/or pests, such as but not limited to licking, biting, chewing and scratching.
  14. Use of Equipment
    1. The Equipment is offered on the basis of subscription and shall be returned to us upon the ending of Service Duration.
    2. We reserve the right to modify and alter the Equipment, or any components of the Equipment including the brand, model, build, etc. included in the plan provided that the specification of the altered Equipment characterizes similar or higher performance and capacity without sending prior notification to you. We do not guarantee the offering of same Equipment model for your subscription to the Service made at different time.
    3. The Equipment is offered for commercial and business use only, and shall not be used for personal, consumer, home and family purposes.
    4. The title to the Equipment shall at all times remain in us. All substitutions, replacement parts, additions or improvement to the Equipment whenever made shall become our property and you shall not be entitled to receive any payment from us in respect thereof. It is expressly declared and agreed that nothing herein contained shall be construed to imply that title to the Equipment will or may pass to you.
    5. You will not affix the Equipment to any real property if, as a result thereof, it will become a fixture under applicable law. You shall procure from the landlord of the premise in which the Equipment is located a waiver in such form as the we may reasonably require of any rights which such landlord might otherwise be or become entitled to claim in or against the Equipment or any part thereof.
    6. You and User(s) shall maintain the Equipment in good operating order, repair, and condition. You and User(s) shall use the Equipment in a good, skillful, proper and careful manner, in a proper environment and in compliance with the applicable operating instructions and all applicable laws and regulations and for no other purpose than that for which such Equipment was designed.
    7. You shall not make any non-removable alterations and attachment to the Equipment. We shall have the right to charge you in the bill on condition of Equipment with non-removable alterations and attachment.
  15. Return of Equipment
    1. You shall irrevocably consent to our arrangement in assigning personal, either from us or Partner for on-site collection including but not limited to the following circumstances:
      1. Your service has reached to the end of duration and you agree to enter a new subscription with us. You shall return the original Equipment in replacement for a new unit, or
      2. Your service has reached to the end of duration and you wish to terminate service, or
      3. You have overdue payment that triggers the involuntary termination, or
      4. You use the Service inappropriately or violate the terms that triggers the involuntary termination, or
      5. Your business ceases or your business enters into a state of insolvency.

      For case a) and b) mentioned above, we reserve the right to arrange onsite collection of Equipment before the ending of Service duration provided we communicate to you with prior notice not fewer than five working days on such event.

    2. You shall return each Equipment in the same operating order, repair, condition and appearance as when received, excepting only normal wear and tear. We shall inspect the Equipment and confirm that it is in good operating condition. If the Equipment is not in good operating condition, we shall notify you within thirty (30) days and impose the expenses to repair the Equipment into your bill.
    3. The Microsoft Windows Operating System is an integral to the functioning of the Equipment, and therefore upon termination, you shall not attempt to transfer it to any other equipment.
    4. Data wiping of the hard-disk will be performed on all the returned Equipment via the Software.
    5. You and User are responsible to back up any personal data prior to the return of Equipment.
  16. Alteration of Service
    1. Notwithstanding any period of time the Equipment has become defective and not usable, the Service Duration shall not be altered.
    2. Should you decide to retain the Service including the same set of Equipment after the Service Duration, you agree to extend the subscription of the Service for a minimum duration of one year riding on the same monthly fee you have been paying for the initial Service Duration.
    3. If you do not return us the Equipment after the Service Duration, the subscription will automatically be extended for one year riding on the same monthly fee you have been paying for the initial Service Duration.
    4. Within the Service Duration, you are not allowed to upgrade or downgrade the plan.
  17. Connectivity
    1. We reserve the right to limit the use of SIM card on the Equipment provided along with the Service. You shall not transfer the SIM card to any other equipment.
    2. We reserve the right to prevent the Equipment to function as a mobile hotspot. You are prohibited to allow any other device(s) or equipment to tether to the Equipment for Internet.
    3. You shall perform a self service at Maxis Business Hub, the customer portal assigned to you with login, to allocate the mobile data among the Equipment.
    4. The number of equipment that is eligible to be upgraded to unlimited mobile data when subscribing together with Maxis Business Fibre Broadband is subject to the terms and conditions of Maxis Business Postpaid.
  18. License(s)
    1. When you subscribe for the Service, you are granted a limited, revocable, non-exclusive, non-transferable and non-sublicensable license(s) to use the Software.
    2. The Software are licensed on a per Equipment basis. You may request for additional licenses by submitting to us a completed Registration Form.
    3. The license is transferable between Equipment in event of damage, total loss or theft that causes the original Equipment to be inaccessible or unsuable and the original Equipment is replaced with a new Equipment.
    Additional charges may apply for the support to transfer the license between Equipment.
  19. Use of Software
    1. You acknowledge and agree that you shall:
      1. adhere to the terms and conditions herein and the Supplier’s End User License Agreement and Privacy Policy;
      2. retain the Software at all times in the custody and control of yourself for your internal use and ordinary business operations and shall not permit any third party to use the Software. Use of the Software by any third party shall be deemed to be use by you;
      3. not assign, novate, sublicense, transfer, lease, or otherwise provide to any third party your rights under this Agreement;
      4. not suspend the Software at any time. The Service shall continue even if you suspend the use of Software;
      5. use all precautions to prevent, and report immediately to us upon the discovery of, any fraud, unauthorised usage, or any other unlawful acts. You agree to lodge a police report whenever instructed by us and to give us a certified copy of such report;
      6. not to use or permit the Software to be used in contravention of any statutory provision or regulation or in any way contrary to law or for any purpose for which the Service is not designed or reasonably suitable; and
      7. ensure that your Users comply with your obligations set out herein.
  20. Service Suspension
    1. In event of Service suspension due to long overdue of outstanding payment or detection of abusive usage, we reserve the right to lock down the Equipment and prevent your access and use of the operating system and any software preinstalled by us or subsequently by you. We do not hold responsibility for your loss of productivity and/or monies as a consequence of the Equipment lock down.
  21. Charges
    1. You are obliged to pay the monthly fee and all other sums due hereunder shall be absolute and unconditional and shall not be subject to any change in the fitness, usability or condition of the Equiment and Service.
    2. For the avoidance of doubt, any additional charges for additional software and services shall be set out in the Registration Form.
    3. You agree that the provision of any onsite support for Software of an Equipment upon exceeding the annual eligibility for preventive maintenance shall be charged on a per visit basis.
    4. The monthly Charges for the First month shall be pro-rated based on the date of when the Service is made available.
    5. For any reasons the Service is terminated prematurely before the ending of Service Duration, you will be charged with early termination charges. The calculation for the early termination charges are as follows: [total monthly fees of Service(s)] X [the remaining unexpired period of the Service Duration].
  22. Indemnification
    1. You shall defend, indemnify and hold us harmless on demand from any third-party claim or action arising out of:
      1. failure to obtain the appropriate license, intellectual property rights, or any other permissions, regulatory certifications or approvals associated with any third party products, including software, directed or requested by you to be installed or integrated with the Equipment; or
      2. any inaccurate representations regarding the existence of any export license or any allegation made against us due to your and your Users' violation or alleged violations of applicable export laws, regulations and orders.
  23. Data Protection & Privacy
    1. You shall notify and obtain the consent of your Users before disclosing your Users’ Personal Data to us, Partner and/or Supplier. You shall indemnify and hold us, Partner and the Supplier harmless from any Users or third party claims arising from your failure to obtain such consent.
    2. The Supplier shall be directly responsible to you for any processing of the Users’ Personal Data.
    3. You agree that the Software may provide statistical data and information about Service usage and Equipment.
  24. Security Acknowledgement
    1. The Software is designed to identify, block and/or remove applications and files that may compromise security of Equipment. While the Software uses commercially reasonable efforts to properly identify applications and files for detection, however, given the constantly changing nature and volume of malicious, fraudulent, and unwanted electronic content, the Software cannot and does not represent, warrant, or guarantee the detection, blocking, or complete removal or cleaning of all applications, routines, and files that are malicious or fraudulent. You understand and agree that the success of the security efforts is dependent on a number of factors solely under your control and responsibility.
    2. For the avoidance of doubt, the Service does not include the following out-of-scope deliverables:
      1. Consultation in crafting your security policies governing the Equipment;
      2. Technical integration that involves software development;
      3. Middleware configuration and integration with your existing enterprise platform;
      4. Security auditing;
      5. Penetration testing;
      6. Threat monitoring & alerting of cyber threats;
      7. Incident investigation and root cause analysis of cyber threats; or
      8. Incident response on cyber threats.
  25. Disclaimer and Limitation of Liability
    1. We shall have no responsibility for any loss, damage, liability or expenses, directly or indirectly, arising from any claims whatsoever including but not limited to:-
      1. (i) uninterrupted or error-free operation of Service; (ii) loss of, or damage to, your data; (iii) any software programs, whether provided with the Service or installed subsequently; (iv) failure or damage resulting from misuse, abuse, accident, modification, unsuitable physical or operating environment; (v) natural disasters, power surges, improper maintenance, or use not in accordance with Equipment information materials; (vi) damage caused by a non-authorized service provider; (vii) failure of, or damage caused by, any third party products or services; (viii) cyber attacks that damage the Equipment, leak your data or disrupt the operating system; (ix) damage or expenses (including tort) caused directly or indirectly by the Service and Equipment, any inadequacy thereof for any purpose;
      2. claim, expense or loss due the delay in the Service deployment;
      3. invasion of privacy;
      4. infringement of intellectual property rights;
      5. unauthorised exposure of information and material you listed or sent, on or through the Software;
      6. breach of any law or regulation arising from the provision of the Service and the use of the Service, whether by the you, your Users or any other person; (xv) software end-of-life declared by the Supplier(s) which may be accompanied with or without an alternative application; and
      7. migration of Software platform or re-enrolment of Software due to end-of-life or termination of the Software.
    2. The Software are provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. We disclaim and expressly exclude all warranties express or implied, statutory or otherwise to the fullest extent permitted by law relating to the content, information, services relating to or in connection with the Service including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, availability of services, security and accuracy.