Service Specific Terms & Conditions – International Private Leased Circuit Service

 

Version [1 July 2017]

  1. General

    1. 1.1 The Service(s): International Private Leased Circuit Service
    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, highlighted terms shall have the following meanings:-
      1. 2.1.1 “International Private Leased Circuit Service(s)” means the transmission facility to be provided by Maxis to you via the Maxis International circuit which connects (via transmission links, whether fixed or otherwise) the Site(s) in Malaysia and a designated termination point as agreed between Maxis and its counterpart overseas telecommunications operator and excludes the other half circuit terminating at the address designated in the “Overseas Installation Address” segment of the Registration Form.
      2. 2.1.2 “Service Commencement Date” means the date of the completion of the commissioning tests as notified by Maxis to you or the date designated in the “Ready-For-Service” segment of the Registration Form, whichever is the latter. 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.
      3. 2.1.3 “Site(s)” means the premise(s) located in Malaysia designated by you under “Installation Address” segment, including the building(s) where the premise(s) is located, under or through which the Equipment is to be placed for the provisioning of the Service(s).
      4. 2.1.4 “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 You shall be solely responsible for keeping an independent back-up of all data stored and for the data retrieved, stored or transmitted through the Service(s).
    4. 3.4 Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons by providing you with 2 weeks prior notice or in an emergency by providing you notice within 24 hours.

  4. Charges

    1. 4.1 The monthly recurring Charges for the Service(s) shall be at the rates as offered to you by Maxis and 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 provide adequate power points and fuses (as approved by the local power provider) for the operation of Our Equipment.
    2. 5.2 You shall not remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    3. 5.3 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.
    4. 5.4 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. 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 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 Maxis’ Liability

    1. 7.1 You warrant that: (a) you have the power to enter into and observe its 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.