Service Specific Terms & Conditions – Data Centre

 

Version [1 July 2017]

  1. General

    1. 1.1 The Service(s): Data Centre
    2. 1.2 You: Business Customer signing up for the Service(s).
    3. 1.3 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. 1.4 Capitalised terms herein have the same meaning as defined in the GTC.
    5. 1.5 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. 2.1 Unless the context otherwise requires, the highlighted words shall have the following meanings:
      1. 2.1.1 “Initial Term” means the period of one (1) year commencing from the completion of commissioning tests as notified by Maxis to you.
      2. 2.1.2 “ISP” means Internet Service Provider.
      3. 2.1.3 “Maxis Internet Server” means Maxis computer system that provides connectivity to internet where you connect to receive Service(s).
      4. 2.1.4 “Data Centre” means facility composed of a group of inter-networked computers and storage used to organize, process, store and disseminate large amounts of data within the Site(s) including any value-added features that may be added by Maxis from time to time and/or other services which are supplied by Maxis as indicated by you in the Registration Form.
      5. 2.1.5 “Service Commencement Date” means the date on which Maxis notifies you that the Service(s) is ready for use.
      6. 2.1.6 “Site(s)” means the premise(s) designated by you in the “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).

  3. Provision of the Service(s)

    1. 3.1 Subject to acceptance by Maxis, Maxis will provide the Service(s) to the Site(s) as requested by you.
    2. 3.2 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.
    3. 3.3 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. 3.4 You shall be 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).

  4. Charges

    1. 4.1 The Charges for the Service(s) and/or Equipment shall be at the rates as offered to you by Maxis and shall commence on the Service Commencement Date. You are responsible for payment of all Charges associated with the Service(s).
    2. 4.2 You shall receive a rebate of up to 5% per annum of the refundable deposit paid, which shall be credited to your bill at the end of each year. The balance of the refundable deposit shall be repaid to you free of interest after the expiry or earlier termination of the Agreement, subject to the deduction of any amounts due to Maxis from you pursuant to this Agreement.

  5. Your Additional Obligations

    1. 5.1 You are responsible for all telecommunications charges arising from any service used to establish a leased line connection to the Service(s). You acknowledge that 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. 5.2 You are to provide adequate power points and fuses (as approved by Tenaga Nasional Berhad) for the operation of Our Equipment.
    3. 5.3 You shall not remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    4. 5.4 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. 5.5 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. 5.6 You are responsible to procure and implement the necessary security services required to keep your Equipment or application protected.
       
  6. Term and Termination

    1. 6.1 The minimum period of subscription for the Services is one (1) year unless otherwise agreed between you and Maxis.
    2. 6.2 Maxis may terminate this Agreement and/or the Service(s) for convenience by giving you five (5) days advance written notice.
    3. 6.3 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.
    4. 6.4 If you relocate and downgrade the Service(s), you are to pay Maxis the monthly recurring charges for the whole month remaining for the Term.

  7. Warranty and Limitation of Liability

    1. 7.1 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.
    2. 7.2 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.