Service Specific Terms & Conditions – Multi-Protocol Label Switching (MPLS) IP-VPN

 

Version [1 July 2017]

  1. General

    1. 1.1 The Service(s): Multi-Protocol Label Switching (MPLS) - Internet Protocol-Virtual Private Network
    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 “Additional Equipment” means Maxis Equipment rented by you from Maxis and placed in the Site(s).
      2. 2.1.2 “Multi-Protocol Label Switching IP – VPN Service(s)” means Maxis’ circuit which connects (via transmission links) the Site(s) to the Multi Protocol Label Switching core network in Malaysia, in accordance with the specifications and where applicable, includes any equipment rental and maintenance services provided in accordance with the specifications required by you.
      3. 2.1.3 “Service Commencement Date” means the date of the completion of the commissioning tests as notified by Maxis to you, 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.
      4. 2.1.4 “Site(s)” means your premise(s) designated as Site A Address in the Registration Form, 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).
      5. 2.1.5 “Term” means the period of one (1) year commencing from the Service Commencement Date.

  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 Service(s).
    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)that the data will be backed up.
    4. 3.4 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. 3.5 Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.
    6. 3.6 Maxis offers four Classes of Service (CoS):
      1. 3.6.1 Platinum – recommended for real-time traffic, such as voice applications, voice over internet protocol (VoIP) and public switched telephone network (PSTN) breakout (connection to PSTN);
      2. 3.6.2 Gold – recommended for real-time multimedia applications such as video conferencing and other interactive services;
      3. 3.6.3 Silver – recommended for business critical applications, delay sensitive applications, mission critical applications such as enterprise resourcing planning (ERP) (Oracle, SAP), financial transaction, customer-front database queries, customer relationship management (CRM), collaborative applications, etc.
      4. 3.6.4 Bronze (best effort basis) – for non-delay-sensitive applications such as internet, intranet, file transfer (FTP), corporate emails, human resources (HR) applications, network management, etc.

  4. Charges

    1. 4.1 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. 4.2 Where applicable, you shall pay Maxis a one-time installation Charge at the prevailing rates by Maxis.
    3. 4.3 If any monthly recurring charges commences on a date other than the first day of a month or terminated on a date other than the last day of the month, the monthly recurring charges due for that calendar month shall be pro-rated accordingly, on a thirty (30) day month basis.
    4. 4.4 If you request for a change in the Service Commencement Date, Maxis may charge you its prevailing administrative fees to affect the change.

  5. Your Additional Obligations

    1. 5.1 You shall be 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 The Additional Equipment, if required are provided to you on your undertaking that :
      1. 5.6.1 you are to read and understand any instruction or manuals supplied by the manufacturer for use of the Additional Equipment and observed by you and any person authorised by you to use the same.
      2. 5.6.2 you are to take such further steps as recommended by the manufacturer or may otherwise be necessary to ensure that the Additional Equipment is safe and without risks to health and safety when properly used by you or person authorised by you.
      3. 5.6.3 you are not to make or cause to be made any alterations, amendment, modification, enhancement or addition to the Additional Equipment without Maxis’ prior written consent in writing and such alteration, amendment, modification, enhancement or addition of whatsoever kind shall belong to and become the property of and part of the Additional Equipment.
      4. 5.6.4 you are not by any act or default to render the Additional Equipment liable to any distress execution or other legal process or suffer the appointment or the presentation of a petition for the appointment of an administrator under any insolvency laws for the time being in force.
      5. 5.6.5 the Additional Equipment shall remain the property of Maxis (or Maxis’ supplier, as the case may be) notwithstanding that it may have become affixed or attached to any land or building and that you shall have no right or interest therein otherwise than as a Business Customer and shall at no time do or permit to be done any act or thing which might prejudice or jeopardise the right of Maxis in and to the Additional Equipment.
      6. 5.6.6 you shall throughout the Term (and any agreed extension thereof) for so long as the Additional Equipment remains in your possession or under your control (without prejudice to any liability of you to Maxis) at your expense, insure the Additional Equipment with an insurance company acceptable to Maxis against all loss or damage and also against all risks of third party liability arising out of the ownership, presence or use of the Additional Equipment in an amount equal to whichever is the greater of:
        • the full replacement value of the Additional Equipment; and
        • the amount from time to time payable on termination of the renting of the Additional Equipment calculated in accordance with the provisions of the Agreement.
      7. 5.6.7 Maxis interest in the Additional Equipment shall be noted on the policy of insurance which policy shall:
        • name Maxis or, at Maxis’ direction, its renting company as loss payee;
        • not be capable of cancellation by the insurers (at your request or otherwise) other than by 30 days’ prior notice in writing to Maxis;
        • provide that the insurers shall waive any breach of warranty under the policy of insurance as against Maxis.
      8. 5.6.8 you shall (as far as necessary) irrevocably authorise the insurer to pay to Maxis all monies payable under the said insurance policy in respect of any loss or damage to all or any part of the Additional Equipment. You hereby irrevocably authorise Maxis:
        • in your name and on your behalf to make any claim or claims against the insurers under the said insurance policy in respect of any loss of or damage to the Additional Equipment or any part thereof and to settle or compromise such claim;
        • to receive and to give a good discharge to the insurers for any monies payable in respect thereof.
      9. 5.6.9 you shall not use or allow the Additional Equipment to be used for any purpose not permitted by the terms and conditions of any policy of insurance for the time being relating to the Additional Equipment nor do or allow to be done any act or thing whereby such insurance may be invalidated.
      10. 5.6.10 you assume and bear the entire risk of loss, theft, damage, destruction or requisition of the Additional Equipment during the continuance of the Agreement; the occurrence of any of the aforesaid events shall not relieve you from its obligation to pay the monthly recurring charges and any other charges due and owing to Maxis or to perform any other obligations under this Agreement. You shall notify Maxis immediately in writing of the occurrence of any of the above events.
      11. 5.6.11 the proceeds of any insurance policy payable with respect to any loss, theft, damage, destruction or requisition of the Additional Equipment shall be applied at the sole and absolute discretion of Maxis either towards (i) your replacement, restoration or repair of the Additional Equipment or (ii) payment of any of your other obligations under this Agreement.
      12. 5.6.12 in the event of loss or damage to all or any part of the Additional Equipment, you shall give immediate notice to Maxis and shall make or assist in the making of any appropriate claim or claims under the said insurance policy in such manner as Maxis shall require and shall not in any manner settle or compromise any such claim without the prior written request of Maxis. You hereby irrevocably appoint Maxis as your agent in order to claim and/or receive payment of and execute and endorse all documents cheques or draft issued with respect to such loss, theft damage, destruction or requisition under any insurance policy relating thereto.

  6. Term and Termination

    1. 6.1 The minimum period of subscription for the Service(s) 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 thirty (30) 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 months remaining for the Term.
    5. 6.5 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.

  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 for such laws 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.