Microsoft Office 365

 

Version [14 Dec 2015]

  1. The Participant/Customer who signs up for the Plan(s) (as defined above) and maintained the usage of one mobile line at any one time is entitled to subscribe to either :-
    1. Microsoft Office 365 Business; or
    2. Microsoft Office 365 Business Premium

      (collectively and individually shall be referred to as “Office 365 Packages”) at the charges specified at Maxis Website at www.maxis.com.my for the respective Office 365 Packages. The Office 365 Packages is subject to change, and the prevailing terms and conditions with respect to the Office 365 Packages as updated at the official website, shall apply and supersede any and all previous versions, including but not limited to, in any user guide or leaflets versions.
       

  2. Office 365 Packages shall continue from the activation date for a period of twelve (12) months (“First Term”) subject to the terms herein or any other terms as may be agreed by the parties. Upon expiry of the First Term, Office 365 Packages shall thereafter be automatically renewed on a monthly basis (“Renewed Term”) on the same terms and conditions save for the monthly charges unless a party terminates according to the terms herein.
  3. The monthly charges for Office 365 Packages shall be paid in full [one (1) month] regardless of the date of activation or termination.
  4. Participant/Customer is allowed to subscribe for a minimum of one license and a maximum of 300 licenses during the First Term and/or Renewed Term. Additional licenses added at any time during the subscription shall continue for a period of twelve (12) months from the activation date of the additional license(s) and thereafter shall be automatically renewed on a monthly basis unless terminated by any party according to the terms herein. The period of twelve (12) months for each additional license(s) shall survive the First Term and/or Renewed Term of the Office 365 Packages and in such instance the terms and provisions of Office 365 Packages shall remain in full force and effect in respect of such licenses.
  5. The Office 365 Packages is provided by a third party service provider, Microsoft Corporation (“Microsoft”) and Maxis excludes any liability related to it and is not responsible for any loss, damage, liability or expenses arising from any claims whatsoever including but not limited to invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of the Office 365 Packages, whether by the Participant/Customer or any other person. Risk passes to the Participant/Customer immediately upon activation of the Office 365 Packages. Technical or customer support will be provided via a 24 hours/365 days toll free helpdesk support as published at Maxis’ official website for use by the Participant/Customer.
  6. Without prejudice to the foregoing, the Participant/Customer agrees that the total amount of damages payable by Maxis and/or its Related Corporations shall not exceed the charges paid to Maxis by Participant/Customer over the twelve (12) months period or RM500.00 (whichever is the lesser amount) prior to the date of the cause of action arising. This limitation of liability is per Participant/Customer and is cumulative; not per incident.
  7. Participant/Customer agrees to be governed by the terms and conditions of Office 365 Packages as set out at the following links:
    1. https://www.maxis.com.my/business/tnc; and
    2.  https://www.microsoft.com/en-us/legal/intellectualproperty/copyright/default.aspx
  8. Further and in amplification to paragraph 17 above, throughout the First Term and the Renewed Term, the Participant/Customer acknowledges and agrees:-
    1. to be fully responsible for any data transmitted or broadcasted (whether authorized by the Participant/Customer or not);
    2. not re-sell, re-supply, transfer or assign/novate the Office 365 Packages in part or in whole to any person or organisation;
    3. to not suspend Office 365 Packages during the First Term and/or Renewed Term. For the avoidance of doubt, Office 365 Packages shall continue even if the Participant/Customer suspends the Plan(s) under the Services;
    4. use all precautions to prevent, and report immediately to Maxis and/or Microsoft upon the discovery of, any fraud, unauthorized usage, or any other occurrence of unlawful acts. In this respect, the Participant/Customer agrees to lodge a police report whenever instructed by Maxis and/or Microsoft (if one has not already been lodged) and to give Maxis and/or Microsoft a certified copy of such report;
    5. not to use or permit the use of the Office 365 Packages 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 Maxis or any other service provider;
    6. use Office 365 Packages in accordance with the specifications, guidelines and recommendations of Microsoft, and shall immediately disconnect or cease to use Office 365 Packages at the request of Maxis and/or Microsoft;
    7. retain Office 365 Packages at all times in the custody and control of the Participant/Customer; and
    8. ensure that all other equipment and software used in connection with the Office 365 Packages or part thereof are compatible and can properly function.
  9. The Participant/Customer shall not carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to Office 365 Packages without the prior written consent of Microsoft.
  10. The Participant/Customer shall not permit any third party to use Office 365 Packages. Without derogation to the aforesaid provision, use of Office 365 Packages by any third party shall be deemed to be use of Office 365 Packages by the Participant/Customer. The acts, omissions or defaults of such third party shall be deemed to be the acts, omissions or defaults of the Participant/Customer.
  11. In the event the Participant/Customer terminates the Services or the Office 365 Packages before the expiry of the First Term, the Participant/Customer shall be charged with an early termination fee of Ringgit Malaysia Two Hundred (RM200.00) (“Termination Fee”) only per license and shall also be liable for all monies due and owing as at the date of termination. The following events shall constitute a termination event if the Participant/Customer:-
    1. upgrades or downgrades the Office 365 Packages;
    2. re-sells, re-supply, transfers and/or assigns/novates the Office 365 Packages license to a third party; or
    3.  changes, transfers or assigns/novates the Office 365 Packages to a different payment responsible accounts; whereby Maxis shall then be entitled to terminate the Office 365 Packages. The Participant/Customer shall be charged with the Termination Fee (if applicable) and shall also be liable for all monies due and owing as at the date of termination. Upon any re-subscription of the Office 365 Packages by the Participant/Customer, the First Term shall begin a new.
  12. Maxis shall have no liability to the Participant/Customer for the discontinuance of Office 365 Packages or any part thereof or termination of Office 365 Packages without notice. Participant/Customer shall still be liable for all amount due and owing by the Participants/Customers as at the date of discontinuance or termination.
  13. The Office 365 Packages shall remain the property of Microsoft at all times and the property of the Office 365 Packages does not at any time pass to the Participant/Customer. Maxis and Microsoft grant the Participant/Customer the right to use the Office 365 Packages.
  14. The Participant/Customer agrees to indemnify and hold Maxis, its employees, suppliers, contractors and agents harmless from any loss, lawsuit, damages, costs, liabilities and expenses (including reasonable attorney’s fees) incurred as a result of third party claim for:
    1.  a claim for patent, trademark, copyright or intellectual property right or other proprietary right infringement being made against Maxis by a third party in connection with the Participant/Customer’s use of Office 365 Packages. or in connection with the supply of any specifications, materials or designs by the Participant/Customer;
    2. that the content transmitted via Office 365 Packages by the Participant/Customer is obscene, threatening, or libelous;
    3. for personal injury, death or damage to tangible property to the proportionate extent that the claim, cause of action or liability was caused by the negligence or willful misconduct of the Participant/Customer.

      The Participant/Customer, upon obtaining the written consent of Maxis, shall have the authority to direct the defense of and settle any indemnified claim but only if the settlement does not include an admission of liability on the part of Maxis, does not involve more than the payment of money and grants Maxis a full and unconditional release from all liability with respect to the claim. Notwithstanding the defense provided by the Participant/Customer, Maxis shall have the right to monitor the Participant/Customer’s defense of an indemnified claim with counsel of Maxis’ choice and at its own cost. Notwithstanding the defense provided by the Participant/Customer, Maxis shall have the right to select and be represented by separate counsel at Maxis’ option and expense.

  15. Maxis shall not be liable for any failure in performance due to causes that are beyond its reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labour disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Office 365 Packages). This term will not, however, apply to Participant’s/Customer’s payment obligations under this agreement.
  16. The Participant/Customer shall be solely responsible for the security of any data/information, the data retrieved, stored or transmitted and managing the use of the storage capacity for the Participant/Customer’s data/information to ensure it is within the capacity allocated to the Participant/Customer or as may be stipulated by Maxis. Maxis is 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 on any website.
  17. The Participant/Customer acknowledges and agrees that by using the Internet in general, the Participant/Customer may be subject to various risks, including amongst others:
    1.  unauthorized invasion of the Participant/Customer’s privacy during, or as a result of, the Participant/Customer or another party’s use of the network;
    2. unauthorized exposure of information and material the Participant/Customer listed or sent, on or through Office 365 Packages, to other users, the general public or any other specific entities for which the information and material was not intended by the Participant/Customer.
  18. The Participant/Customer shall be responsible and liable for obtaining and maintaining in the Participant/Customer’s name and at the Participant/Customer’s expense all licences, permits, consents, waivers, authorisations and intellectual property or other rights required for the use of the Office 365 Packages and other equipment and software.