Service Specific Terms & Conditions –Business Fixed Voice Service

 
Version [1 July 2017]

  1. General
    1. The Service(s): Business Fixed Voice Service. 
    2. You: Business Customer signing up for the Business Fixed Voice Service.
    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.
  1. Definitions
    1. Unless the context otherwise requires, the highlighted words shall have the following meanings:-
      “Business Fixed Voice Service(s)” means the fixed line telecommunications services (Fixed Voice and/or IP Voice) to be provided to you pursuant to this Agreement and any promotional, supplemental or additional services as may be stated in the Registration Form or Addendum.
      “Customer’s Equipment” means the terminating equipment, more particularly set out in the “Customer Premise Equipment (CPS)” segment of the Registration Form and/or other equipment obtained, installed and maintained by you to facilitate access to the Service(s).
      "Fixed Voice” includes Business Telephone service, ISDN PRI, ValueCall and ValueCall Plus
      “IP Voice” includes Business Voice Enhance and/or BV SIP.
      “Site(s)” means the installation address specified in the Registration Form on, under or through which the Maxis Equipment is to be placed and/or where the Service(s) will be provided and used.
  1. Use of the Fixed Voice Service
    1. Subject to acceptance by Maxis, Maxis will provide the Service(s) to the Site(s) as requested by you.
    2. Maxis does not guarantee or warrant the availability of the Service(s) and continuous, uninterrupted or secure access to the internet.
    3. Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.
    4. You shall be liable to Maxis for use of the Service(s) whether or not you have authorised the particular use of the Service(s) by a third party. 
    5. You shall only allow authorised personnel to have access to the program and configure the CPE, including constant supervision and management of the use of the CPE. You are required to closely monitor and manage the usage of the Equipment used to access the Service(s).
  1. Charges
    1. The Charges for the Service(s) shall be at the rates as offered to you by Maxis. 
    2. Upon submission and acceptance of the Registration Form by Maxis, Maxis may require you to make a deposit and pay all or some of the charges for the Service(s) in advance (as mentioned in the Registration Form overleaf). Any refundable deposit paid shall be maintained by Maxis at such sums as specified by Maxis for so long as you subscribe to the Service(s).
    3. Maxis reserves the right to include charges on your current bill for a previous billing period which was omitted.
    4. If the Service(s) is used to access a service provided by another person (e.g. a service provider), or the provision of the Service(s) at the Site(s) requires payment of an access fee to the building management, you shall pay directly such access fees to that person or building management for that service.
    5. If any Charges remain unpaid after the due date, Maxis may charge late payment interest at the rate of 1.5% per month on such overdue amount, calculated on a daily basis commencing from the date after the due date for payment up to, and including the date of payment or RM10.00 per month whichever shall be the higher and you shall continue to be liable to pay such amounts, including any accrued interest.
  1. Your Responsibilities 
    1. You shall also provide adequate power points and fuses (as approved by Tenaga Nasional Berhad).
    2. In the event the Site(s)’ foundations or environment provided by you including trunkings, conduits and cables do not meet Maxis’ installation standards, Maxis may inform you of the same. Maxis may, on your request and with your consent (which consent shall not be unreasonably withheld) rectify such Site(s), foundations or environment at your expense.
    3. You shall not tamper, remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    4. You shall only connect the Equipment which is type approved by the appropriate authorities to the distribution box, which is called Internal Wiring.
  1. Equipment
    1. If during operation of the Service(s), the Equipment causes fault, you shall pay Maxis all the restoration costs incurred.
    2. You shall not remove, relocate or cause the removal or relocation of the Equipment and Our Equipment (including the removal or any mark, word or number) without Maxis’ prior written permission. If consent is given by Maxis, you may request Maxis to disconnect or reconnect the Equipment from Our Equipment at a mutually agreed fee. The costs of removal or relocation of Our Equipment shall be borne by you.
    3. If your Equipment causes a fault in the operation of the Service(s), you shall, if requested by Maxis, pay Maxis a call-out charge and the costs of the restoration of the Service(s).
  1. Vacating the Site(s)
    1. If you intend to vacate or relocate from the existing Site(s) where any part of Our Equipment is installed, you shall inform Maxis by giving thirty (30) days prior written notice. Maxis may, at any time within that period, remove and retain Our Equipment for safekeeping without affecting your liability. Maxis may, subject to mutual agreement, either relocate Our Equipment to your other premises at your cost in order to continue to provide the Service(s) or discontinue the Service(s) in accordance with this Agreement.
  1. Numbering
    1. Maxis may allocate a number to the Service(s) according to the installation address provided by you and vary that number in accordance with national regulatory policy on numbering.
    2. You shall not transfer and / or assign the telephone numbers and personal identification numbers provided to another user or any third party without Maxis' prior written consent.
    3. You have no claim of any legal interest or goodwill in any number or personal identification number issued by Maxis.
  1. Bundled Service(s) 
    1. IP Voice service(s) with Multi-Protocol Label Switching (MPLS) IP-VPN (“MPLS”) and Dedicated Internet Access (DIA) (collectively referred to as “Bundled Service No.1”)
      1. The minimum subscription for the Bundled Service No.1 is one (1) year.
      2. The Charges for the Bundled Service No.1 is not bundled. For avoidance of doubt, you will be charged separately for the IP Voice service(s), MPLS and DIA.
      3. The Bundled Service No.1 is packaged in 5, 10, 30, 60, 250, 600 and 1000 channels. All channels will require internet access to be activated and registered which is compatible and works with Maxis IP network.
      4. The service level availability (SLA) for the Bundled Service No.1 is 99.7%.
      5. The Managed IPT (MIPT) services (based on different CPEs) is available to you as an optional service at an additional charge imposed by Maxis. At your request, Maxis will install the required equipment with an additional installation fee. There will be additional charges for non-standard or customized installation.
      6. The Bundled Service No.1 is offered as a bundle package. Suspension or barring or termination of the IP Voice service(s) will also cause MPLS to be suspended or barred or terminated at the same time. 
  1. IP Voice service(s) with Business Fibre Internet (“Business Fibre Internet”) (collectively referred to as “Bundled Service No.2”).
    1. The minimum subscription for the Bundled Service No.2 is two (2) years.
    2. The Charges for Bundled Service No.2 are as follows:
      1. The Charges for Business Voice Enhanced with Business Fibre Internet will be charged separately. For avoidance of doubt, you will be charged for Business Voice Enhanced and Business Fibre Internet;
      2. The Charges for BV SIP with Business Fibre Internet will be bundled together. 
    3. The Bundled Service No.2 is packaged in 5, 10 and 30 channels. All channels will require internet access to be activated and registered which is compatible and works with Maxis IP network.
    4. The Bundled Service No.2 is provided on a “best effort basis”. 
    5. The Managed IPT (MIPT) services (based on different CPEs) is available to you as an optional service at an additional charge imposed by Maxis. At your request, Maxis will install the required equipment with an additional installation fee. There will be additional charges for non-standard or customized installation.
    6. The Bundled Service No.2 is offered as a bundle package. Suspension or barring or termination of the IP Voice service(s) will also cause Business Fibre Internet to be suspended or barred or terminated at the same time.
  1. Term and Termination
    1. The minimum subscription for the Service(s) is one 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. You may terminate the Service(s) or any part thereof by giving Maxis thirty (30) days advance written notice. If you terminate the Service(s) on or within thirty (30) days from the date of installation of the Service(s), you are to pay Maxis the installation cost for the Service(s), which will be recovered from you as a debt due to Maxis.
    4. If you change your rate plan or terminate the Service(s) before the expiry of the agreed duration of the Agreement or if Maxis terminates the Service(s) or Agreement or any part thereof due to breach by you, you shall in addition to paying the due payments in Clause 10.5 below, pay Maxis an early termination charge for every month or part thereof of the unexpired duration of the Agreement. You shall be furnished with a final statement of account which shall be due and payable by you to Maxis upon receipt. The early termination charges shall be calculated as follows:

Monthly service rental/charge per trunk and current monthly minimum commitment usage; 
or   
The monthly charges for minimum
commitment usage
.

 

            X

         

 

The remainder/unexpired duration of the Agreement

  1. Upon termination of the Service(s) or part thereof or this Agreement for any reason whatsoever, you shall be liable to Maxis for: -
    1. The monthly subscription fee for the whole month preceding the termination which will continue until you return Our Equipment or our Equipment is collected by Maxis(as the case may be); and
    2. Any call charges incurred by you until Maxis ceases providing the Service(s).
  1. Limitation of Maxis Liability  
    1. 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.