Service Specific Terms & Conditions – Office 365

  • Office 365 - Terms & Conditions
  • Appendix

 

Version [01 April 2016]

General

  • 1. Office 365: Comprises of Microsoft Office 365 Business and Microsoft Office 365 Business Premium.
  • 2. You: The Business Customer signing up for the mobile line(s) and Office 365.
  • 3. The Office 365 and use of the Service(s) is subject to the General Terms & Conditions (“GTC”), this Service Specific Terms & Conditions (“SSTC”), 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 Summary Terms and Conditions (“STC”), shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
  • 6. We reserve our rights at any time, without liability to you or any third party, to revise this SSTC and/or Office 365 and our pricing. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept that you are responsible for regularly reviewing information on the Office 365 at www.maxis.com.my/tnc/business, including changes to the Agreement. Your continued use of the Office 365 after the Effective Date of any revision/change to the terms and conditions shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate the use of Office 365 by giving us notice within 28 days from the Effective Date failing which you are assumed to have accepted the changes.
  • 7. You acknowledge and agree that by using the Internet in general, you may be subject to various risks, including amongst others:
    • (i) unauthorised invasion of your privacy during, or as a result of, you or another party’s use of the network; and
    • (ii) unauthorised exposure of information and material you listed or sent, on or through Office 365, to other users, the general public or any other specific entities for which the information and material was not intended by you.

Eligibility

  • 8. To be eligible for the Office 365, you must be our Business Customer and subscribe to either MaxisONE Business 98 or MaxisONE Business or MaxisONE Business Extra or any Flexishare plan at any one time. You are allowed to subscribe to either Microsoft Office 365 Business or Microsoft Office 365 Business Premium only, not both.

Minimum Duration of Services

  • 9. The Office 365 shall continue for twelve (12) months from the activation date (“First Term”). Upon expiry of the First Term, Office 365 shall be automatically renewed on a monthly basis (“Renewed Term”) on the same terms and conditions save for the monthly Charges unless terminated by either party.

Charges

  • 10. The Charges for the respective Office 365 is set out in the attached Appendix and also published at www.maxis.com.my/business. Charges published are exclusive of all applicable taxes including GST.
  • 11. The monthly Charges for Office 365 shall be paid in full (1 month) regardless of the date of activation or termination.

License(s)

  • 12. We and/or Microsoft (defined below) hereby grant you the license to use the Office 365. You can subscribe for a minimum of 1 license and up to a maximum of 300 licenses. New licenses added at any time during the First Term and/or Renewed Term shall continue for twelve (12) months from the activation date and upon expiry shall be automatically renewed on a monthly basis unless terminated by any party. The period of twelve (12) months for each additional license(s) shall survive the First Term and/or Renewed Term and in such instance, these terms and provisions shall remain in full force and effect. The Office 365 shall remain the property of Microsoft at all times and does not at any time pass to you.

Your responsibilities and obligations

  • 13. You acknowledge and agree that you shall:-
    • (i) adhere to the terms and conditions herein and at https://www.microsoft.com/en-us/legal/intellectualproperty/copyright/default.aspx;
    • (ii) not carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to Office 365 without the prior written consent of Microsoft;
    • (iii) retain Office 365 at all times in the custody and control of yourself and not permit any third party to use Office 365. Use of Office 365 by any third party shall be deemed to be use of Office 365 by you;
    • (iv) be solely responsible for any data 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;
    • (v) not suspend Office 365 during the First Term and/or Renewed Term. Office 365 shall continue even if you suspend the mobile line(s);
    • (vi) use all precautions to prevent, and report immediately to us and/or Microsoft 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/or Microsoft and to give us and/or Microsoft a certified copy of such report;
    • (vii) not use or permit the use of the Office 365 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;
    • (viii) use Office 365 according to the specifications, guidelines and recommendations and shall immediately disconnect or cease to use Office 365 at our and/or Microsoft’s request;
    • (ix) be responsible for obtaining and maintaining all licences, permits, consents, authorisations and intellectual property or other rights required for the use of the Office 365 and other equipment and software in your name and at your expense; and
    • (x) ensure that all other equipment and software used in connection with the Office 365 or part thereof are compatible and can properly function.

Liability

  • 14. Office 365 is provided by a third party service provider, Microsoft Corporation (“Microsoft”). We exclude any liability related to it and are not responsible for any loss, damage, liability or expenses arising from any claims whatsoever including but not limited to cyber terrorism, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of the Office 365, whether by you or any other third party. Risk passes to you immediately upon activation of the Office 365.

Termination

  • 15. If you terminate Office 365 or the Service(s) resulting in the termination of Office 365 before the expiry of the First Term, you will be charged with an early termination fee of RM200.00 (“Termination Fee”) per license.
  • 16. If you (i) upgrade or downgrade the Office 365, (ii) re-sell, re-supply, transfer and/or assign/novate the Office 365 license to a third party, or (iii) change, transfer or assign/novate the Office 365 to a different payment responsible accounts, we are entitled to terminate the Office 365. You may be charged with the Termination Fee. Upon any re-subscription of the Office 365 by you, the First Term shall begin anew.
  • 17. We reserve the right without liability, to discontinue or terminate Office 365 or any part thereof without any notice to you.
  • 18. You shall still be liable for all monies due and owing by you as at the date of discontinuance or termination.

Customer Support

  • 19. Technical or customer support will be provided via a 24 hours/365 days toll free helpdesk support as published at our official website.