Service Specific Terms & Conditions – Dedicated Internet Access

 

Version [30 April 2019]

  1. General

    1. The Service(s): Dedicated Internet Access Service.
    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:
      “Dedicated Internet Access Service” means Maxis’ provision of access to the internet, comprising a group of inter-networked computers including Maxis’ provision of a transmission link (whether fixed or otherwise) between the Sites and the applicable Maxis Internet Server and any value-added features that may be added by Maxis and/or other services requested by you.
      “Maxis Internet Server” means Maxis computer system that provides connectivity to internet where you connect to receive Service(s).
      “Service Commencement Date” means the date on which Maxis notifies you that the Service(s) is ready for use and accepted by you. The Service(s) is deemed accepted by you three (3) working days from the date of submission of the Service Acceptance Form by Maxis to you.
      “Site(s)” means the premise(s) designated by you under “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).
      “Term” means the period of one (1) year commencing from the Service Commencement Date.

  3. Provision of the Service(s)

    1. Subject to acceptance by Maxis, Maxis will provide the Service(s) to the Site(s) as requested by you.
    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. Maxis does not guarantee or warrant: (a) availability of the Service(s), (b) continuous, uninterrupted or secure access to the internet and (c) that the data stored in the Maxis Internet Server will be backed up.
    4. 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).
    5. Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.

  4. Charges

    1. The monthly recurring Charges for the Service(s) shall be at the rates as offered to you by Maxis. The billing for each link or Site(s) shall commence from the Service Commencement Date. You are responsible for payment of all monthly recurring Charges associated with the Service(s).
    2. Where applicable, you shall pay Maxis a one-time installation Charge at the prevailing rates by Maxis.

  5. Your Additional Obligations

    1. You shall be responsible for all telecommunications charges arising from: (a) any service used to establish a leased line connection to the Service(s) and (b) for any surcharges levied by a third party 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. You are to provide adequate power points and fuses (as approved by Tenaga Nasional Berhad) for the operation of Our Equipment.
    3. You shall not remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    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. 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. Maxis Burstable Plan for Dedicated Internet Access

    1. Maxis Burstable plan for Dedicated Internet Access (“DIA”) allows you to increase up to 100% from its subscribed bandwidth to the following terms and conditions.
    2. By subscribing to the Maxis Burstable plan, you are entitled to increase your subscribed bandwidth by an additional bandwidth not exceeding 100% of the subscribed bandwidth.
    3. You are responsible to ensure that the Customer Equipment has sufficient capacity to support both the subscribed bandwidth and the additional bandwidth burst.
    4. If you subscribe to Maxis DDOS Protect service together with this Maxis Burstable DIA plan, you will need to bear any DDOS Protect charges based on the subscribed bandwidth as well as the extra charges for usage of bandwidth that surpasses the free bandwidth allocation.
    5. The readings will be based on network readings from Maxis’ Network infrastructure and Charges will be based on those readings.
    6. For the avoidance of doubt, network usage measurement provided by Maxis will be the final determination of network usage. Maxis will use the maximum value readings for inbound and outbound traffic. Maxis will provide you with access to MaxisOne Business Hub (“OBH”) portal to monitor your network usage.
    7. Maxis will deploy the industrial standard billing method based on the 95th percentile method. The readings will be based on traffic data samples collected periodically over a calendar month where the top 5% of your monthly bandwidth utilization will be excluded from the calculation.
    8. The traffic captured for each interval is the maximum value for inbound and outbound traffic which will be used as the data source. The 95th percentile value will be calculated separately for inbound data and outbound data and will use the maximum of those two values.
    9. The rates for the Maxis Burstable plan is calculated as follows:
      Total monthly charges = Fixed Monthly Charges + Burstable Charges
      Z = X +((Y1 – Y2) x C)
      Z: Total monthly charges
      X: Fixed monthly rate for the committed subscribed bandwidth
      Y1: 95th percentile burstable bandwidth (Mbps)
      Y2: Fixed Subscribed Bandwidth (Mbps)
      C: The unit rate (RM /Mbps/month) of the burstable bandwidth charge
    10. Billing will be based on a monthly billing cycle. The burstable bandwidth charges will be reflected in the following month’s bill.
    11. The Service Levels for the Maxis Burstable plan will be the same as DIA standard plan. This applies for SLA 99.7%, SLA 99.9%.
    12. For termination, customer will need to give at least 1 months’ notice period to change burstable rate plan to standard fixed plan but the monthly recurring charge will remain unchanged.

  7. Term and Termination

    1. The minimum period of subscription for the Service(s) is one (1) year unless otherwise agreed between you and Maxis.
    2. Maxis may terminate this Agreement and/or the Service(s) for convenience by giving you thirty (30) days advance written notice.
    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. 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.
    5. This Agreement shall automatically continue for an extended term as the existing Term at the prevailing charges and rates imposed by Maxis and on the terms and conditions contained herein (unless otherwise notified by Maxis) unless you give Maxis thirty (30) days advance written notice of your intention to terminate this Agreement before expiry of the Term.

  8. Warranty and Limitation of Liability

    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. Subject to clause 18.5 of the GTC, Maxis’ liability shall be limited to the lesser of: (a) the fees paid to Maxis by you over the twelve (12) months period prior to the date of the breach or (b) RM500.00.