Service Specific Terms & Conditions – Business Broadband

 

Version [1 July 2017]

  1. General
    1. The Service(s): Business Broadband
    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 www.maxis.com.my/tnc/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.

  2. Definitions and Interpretation
    1.  Unless the context otherwise requires, the highlighted words shall have the following meanings:
      1. Business Broadband Service(s)” means the high speed connectivity to the Internet using digital subscriber line or such other technology from time to time as provided by Maxis to you pursuant to the Agreement and any value added supplemental or additional features or services that may be provided by Maxis from time to time.
      2. Internet” means a global network of interconnected computer networks, each using the Transmission Control Protocol/Internet Protocol and/or such other standard network connection protocols as may be adopted from time to time, which is used to transmit content that is directly or indirectly delivered for display to an end user whether such content is delivered through on-line browsers, off-line browsers or through “push” technology, electronic mail, broadband distribution, satellite, wireless or otherwise.
      3. Logon Detail” means the user identification detail and accompanying password supplied to you under this Agreement for access to the Services(s).
      4. Maxis’ Web Site” means the web site operated by Maxis located at URL http://www.maxis.com.my/corporate/data/high_speed/adsl.asp or such other URL as may be notified by Maxis to you from time to time.
      5. Maxis Working Hours” means 9am to 5.30pm on Monday to Friday and 9am to 1pm on Saturday, excluding public holidays in Kuala Lumpur and Selangor or such other working hours notified by Maxis to you from time to time.
      6.  “Service Commencement Date” means the date the Service(s) are made available to you as notified by Maxis to you.
      7.  “Your Equipment” means the equipment, software and all facilities to be procured, installed and maintained by you at your premises in order to use the Service(s), including without limitation, cabling and wiring required to connect Your Equipment to the Maxis Network as well as the horizontal cabling from your premises to the Maxis Network.
         
  3. Provision of the Service(s)
    1. Subject to acceptance by Maxis of your application for the Service(s), Maxis agrees to provide the Service(s) to you, in accordance with the terms and conditions of the Agreement.
    2. Unless otherwise provided herein, the Service(s) shall not include the provision or maintenance of Your Equipment to connect to the Maxis Network. You agree that you are solely responsible for procuring and maintain Your Equipment.
    3. Maxis does not guarantee or warrant: (a) the availability of the Service(s), (b) continuous, uninterrupted or secure access to the internet and (c) the data stored in the Maxis Internet Server will be backed up.
    4. Maxis reserves the right to suspend the Service(s) or any part of them for operational or technical reasons or in an emergency.

  4. Charges
    1. The Charges for the Service(s) shall be at the rates as offered to you by Maxis in accordance with Maxis’ prevailing policy. The Charges payable for the Service(s) shall be as specified at Maxis Web Site, or as otherwise notified to you by Maxis from time to time in.
    2. The Charges shall commence on the Service Commencement Date. You are responsible for payment of all Charges associated with the Service(s).
    3.  Save for the Initial Term where the Charges is fixed for the duration of the Initial Term, Maxis may at its sole discretion vary its charges from time to time by written notice to you. All variations will take effect from the date specified in the notice and you shall be bound to observe and comply with such variations. The Charges for the Initial Term shall be as specified at Maxis Web Site on the date you submit the Registration Form to Maxis or as otherwise agreed in writing.

  5. Your Additional Obligations
    1.  You are responsible for ensuring compatibility of Your Equipment with the Maxis Network. In the event that changes are introduced to the Maxis Network, you shall be responsible for ensuring the continued compatibility of Your Equipment with the Maxis Network and you shall have no claim whatsoever against Maxis arising therefrom.
    2. Your Equipment must be configured and run at all times in compliance with the manufacturer’s specifications, including power outlet, power consumption and clearance requirements.
    3. You shall not (a) send or disclose Logon Details to any person other than Maxis or (b) store Logon Details in any form, whether coded or unencoded, in a location where they are capable of being read by anybody other than you.
    4. You shall:
      1. at all times use only your own Logon Details for accessing the Service(s);
      2. use only the email address which legally belongs to you and shall not in any way misrepresent or pass-off an email address not belonging to you at your email address;
      3. be responsible for the secure storage of your Logon Details; and
      4. be responsible for all usage of, and charges for, the Service(s).
    5. In addition to your obligations under Clause 2.4 and 2.7 of the GTC, you shall not use the Service(s):
      1. in such a way as to cause excessive or disproportionate load on the Service(s) or Maxis Network (“Excessive Usage”). Maxis may notify you when you cause Excessive Usage and may provide you with suggestions on how to more effectively use the Service(s) or to reverse your usage trend. If you do not reduce your usage accordingly within two (2) weeks from Maxis’ notification, you shall be deemed to be in default of your obligations under the Agreement and Maxis will be entitled to immediately terminate the Service(s) pursuant to Clause 6 without further notice; or
      2. in such a way as to improperly restrict, inhibit or degrade any customer’s use of the Service(s) through the use of ‘sniffing’ or ‘scanning’ software or otherwise.
    6. You acknowledge that Maxis shall not be liable for the security of your data on any of Your Equipment or passing over the Service(s) or the Maxis Network and that Maxis shall have no obligation to ensure and makes no representations or warranties concerning the security of such data.
    7. You shall be solely responsible for keeping an independent back-up of all data stored in the space allocated to you and for the data retrieved, stored or transmitted through the Service(s).
    8. You agree that Maxis is not liable for any unauthorised access to your data even when the access occurs as a result of a fault in the Maxis Network or any other equipment or software owned, operated or supplied by Maxis.

  6. Term and Termination
    1. The Agreement shall commence on the Service Commencement Date and continue for a period of one (1) year (“Initial Term”). Upon the expiry of the Initial Term, the Agreement shall automatically extend for further one (1) year term (each term called “Renewal Term”) unless Maxis or you give at least three (3) months prior written notice to the other party of its intention not to renew the Agreement for the subsequent term.
    2. Maxis may, at any time, discontinue the Service(s) or part thereof or terminate the Agreement without having to give any reason on thirty (30) days written notice to you.
    3.  If you terminate the Agreement for any reason whatsoever or if Maxis terminates the Agreement pursuant to any of the situations specified in Clause 6.4 below prior to the expiry of the Initial Term or the Renewal Term, you shall be liable to pay Maxis in full the Charges for the remainder of the Initial Term or each Renewal Term, as the case may be, (“Termination Sum”) and all charges and amount outstanding as at the date of termination including accrued interests.
    4. Further to Maxis’ rights under Clause 19.1 of the GTC, in the event you:
      1. fail to pay in full any sums or charges due and payable pursuant to the Agreement within seven (7) days of the relevant due date for payment; or
      2. is otherwise in default of your obligations under the Agreement and have not remedied the default within fourteen (14) days of receipt of written notice from Maxis requiring remedy of such default then Maxis shall be entitled, by written notice to you, to treat such failure, breach or default as a repudiation of the Agreement and to immediately terminate the Agreement and the Service(s).

         

  7. Warranty and Limitation of Liability
    1. You warrant that: (a) you have the power to enter into and observe its 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.
    2. Subject to clause 18.5 of the GTC, Maxis’ liability shall be limited to the fees paid to Maxis by you over the twelve (12) months period prior to the date of the breach