Service(s) Specific Terms & Conditions – Maxis ONEBusiness VoiceConnect & VoiceConnect App

Version [September 2019]

  1. General
    1. The Service(s): Maxis ONEBusiness VoiceConnect
    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
    1. Unless the context otherwise requires, the highlighted words shall have the following meanings:-

Maxis ONEBusiness VoiceConnect” means the internet protocol (“IP”) voice telecommunications services 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.

VoiceConnect App” is a mobile application which allows you to use a Mobile Device (iOS or Android) using the Network to make outgoing calls and receive incoming calls from the Service(s) line.

Business Fibre Internet” means the Maxis ONEBusiness Fibre.

DIA” means the Dedicated Internet Access.

End User(s)” means your employee or agents or any person authorised to act on your behalf in relation to the VoiceConnect App.

Site(s)” means the installation address specified in the Registration Form on, under or through which Our Equipment is to be placed and/or where the Service(s) will be provided and used.

MPLS” means the Multi-Protocol Label Switching (MPLS) IP-VPN.

ONEBusiness Voice Admin Portal” means the web portal which is accessible by you to manage your call features and End User(s).

Password” means the string of alphanumeric characters selected by you which, being unique to you and known only to you and Maxis, authenticates your user identification detail whenever you access the VoiceConnect App.

Maxis ONEBusiness VoiceConnect

  1. Use 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. You must be subscribed to Maxis’ IP Network infrastructures, namely DIA, MPLS, Business Fibre Internet and mobile Network to be able to subscribe to the Service(s).
    3. Maxis does not guarantee or warrant the availability of the Service(s) and continuous, uninterrupted or secured access to the internet.
    4. Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.
    5. 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.
    6. You shall only allow authorised personnel to have access to the Service(s) and configure the Equipment, including constant supervision and management of the use of the Equipment. You are required to closely monitor and manage the usage of the Equipment used to access the Service(s).
  2. 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 the building management for that service.
  3. Your Responsibilities
    1. You shall also provide adequate power points and fuses (as approved by Tenaga Nasional Berhad).
    2. You shall not tamper, remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    3. You shall only connect Your Equipment which is type approved by the appropriate authorities to Our Equipment.
  4. Equipment
    1. If during operation of the Service(s), Your Equipment causes fault, you shall pay Maxis all the restoration costs incurred to restore the Service(s).
    2. You shall not remove, relocate or cause the removal or relocation of Your Equipment and Our Equipment (including the removal or any mark, word or number on the Equipment) without Maxis’ prior written permission. If consent is given by Maxis, you may request Maxis to disconnect or reconnect Your Equipment from Our Equipment at a mutually agreed fee. The costs of removal or relocation of Our Equipment shall be borne by you.
  5. 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.
  6. 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.
  7. IP Network connectivity for the Service(s)
    1. Service(s) with MPLS and/ or DIA
      1. The minimum subscription period is one (1) year.
      2. For avoidance of doubt, you will be charged separately for the Service(s), MPLS and/ or DIA.
      3. The Service(s) will require Your Equipment to be compatible with Maxis’ MPLS and/ or DIA.
      4. The Managed IPT (“MIPT”) service 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 customised installation.
      5. The MPLS and/or DIA services must be active throughout the subscription period of the Service(s). Suspension or barring or termination of the MPLS and/ or DIA will also cause the Service(s) to be suspended or barred or terminated at the same time.
      6. In the event you require to use a credit card terminal/ analogue phone/ Digital Enhanced Cordless Telecommunication Phone (“DECT”)/ fax machine (“Analogue Devices”), you may connect it to the Analogue Terminal Adapter (“ATA”) which has to be connected to your network switch. You are not allowed to use a splitter for any of the Analogue Devices.
      7. The Service(s) will not be entitled to any unlimited calls feature. You are entitled to free minutes for domestic mobile/ fixed on-net and shareable off-net usage for calls on any lines subscribed (excluding video calls, calls to special numbers, and calls to 1-300/1-800/1-600/ 121 numbers & IDD calls). Call rate usage shall revert to normal rate once you have no more allocated shareable off-net minutes.
    2. Service(s) with Business Fibre Internet
      1. The minimum subscription period is two (2) years.
      2. For avoidance of doubt, you will be charged separately for the Service(s) and Business Fibre Internet.
      3. All lines will require internet access to be activated and registered which is compatible with Maxis Network.
      4. The Service(s) is provided on a best effort basis that is provided without any service level assurance.
      5. The MIPT service 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 customised installation.
      6. All the Service(s) lines must be within the same building.
      7. Standard installation of Business Fibre Internet and the Service(s) comprise of the Residential Gateway Modem (“RGW”), ATA and analogue phone or DECT phone at your building. If the installation of the ATA and analogue phone or DECT phone is on a different floor from the RGW, you will have to bear extra charges for additional cabling required to do so. The installation provided is of standard specifications (along the wall with clip or cable casing only). Costs for non-standard installations, such as underground ducts, concealed wiring, etc. will be borne by you.
      8. In the event you require to use Analogue Devices, you may connect it to the ATA which has to be connected to your network switch. You are not allowed to use a splitter for any of the Analogue Devices.
      9. You may subscribe up to sixty (60) lines for the Service(s). However, the unlimited talk time is only applicable if you only subscribed to one line for the Service(s).
      10. Any subscription of more than one line for the Service(s),
        1. the unlimited talk time will cease;
        2. free minutes for domestic mobile/ fixed on-net and shareable off-net usage for calls will be offered on any lines subscribed (excluding video calls, calls to special numbers, and calls to 1-300/1-800/1-600/121 numbers & IDD calls); and
        3. Call rate usage shall revert to normal rate once you have no more allocated shareable off-net minutes.
      11. When the Business Fibre Internet is down, the wireless backup will provide usage of a minimum of one (1) line in which the quality of the line is on a best-effort basis that is provided without any service level assurance.
  8. Term and Termination
    1. Maxis may terminate this Agreement and/or the Service(s) for convenience by giving you thirty (30) days’ advance written notice.
    2. 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.
    3. 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 10.4 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 or charge per line] or [The monthly charges for minimum commitment usage]

X

[The remainder of 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)
      2. Any early termination of the Service(s), you will have to return the ATA and the analogue phone or DECT to Maxis; and
      3. 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.

VoiceConnect App

Eligibility

  1. You are eligible to subscribe to one (1) VoiceConnect App for each Service(s) line subscribed. Example, if you have five (5) Service(s) lines, you are eligible to subscribe up to five (5) VoiceConnect App. The VoiceConnect App will use the corresponding Service(s) line number assigned to it.

Provision of VoiceConnect App

  1. The functionality of the VoiceConnect App shall commence on the date the VoiceConnect App is requested in writing as stated in the requisition form filled in by you upon subscription of the VoiceConnect App, or in the event Maxis is unable to provide the functionality of the VoiceConnect App on the date requested, Maxis will inform you in writing a specific alternative commencement date for the functionality of the VoiceConnect App.
  2. You acknowledge and accept that you can only utilise the VoiceConnect App within Malaysia.
  3. To use the VoiceConnect App,
    1. you must use a Maxis postpaid mobile SIM card that is registered with the Service(s) throughout the subscription of the VoiceConnect App; and
    2. the Service(s) line has to be active and not suspended or terminated.

Failure to comply with the above requirements will result in you not being able to use the VoiceConnect App to make or receive calls using your Service(s) line identity.

  1. In order to use the VoiceConnect App, it is necessary that you have Mobile Device that allows you access to the Internet.
  2. The VoiceConnect App does not include the provision or maintenance of any Mobile Device, computer equipment or software required by you to connect to the VoiceConnect App and the ONEBusiness Voice Admin Portal.
  3. You are solely responsible to ensure all Mobile Device or parts thereof are compatible and can properly function and to use only properly licensed third party software in connection with the use of the VoiceConnect App at your expense. For the avoidance of doubt, we shall not be liable for any failure to provide the VoiceConnect App due to faulty Mobile Device.
  4. The features of the VoiceConnect App are set out in the attached user guide. You acknowledge that we may modify or replace any software or add, remove, suspend or stop any features or functionalities of the VoiceConnect App at any time without notice to you.

Our Content

  1. The compilation (including but not limited to the collection, arrangement and assembly) of all our Content in the VoiceConnect App is the exclusive property of Maxis or our VoiceConnect App provider, as the case may be and protected by copyright, trademarks and/or other Intellectual Property rights and other relevant laws of Malaysia, the applicable laws of the country of domicile of the VoiceConnect App provider and international copyright laws. You are only allowed to view and use our Content and VoiceConnect App for commercial purposes during the term of this Agreement. Our Content in the VoiceConnect App may not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means except with our prior written consent.
  2. You may not frame or utilise framing techniques to enclose any of our Content, trademark, logo, or other proprietary information (including images, text, page, layout, or form) of Maxis without our prior written consent. You may not use any meta tags or any other “hidden text” utilising names, logos or trademarks belonging to Maxis without our prior written consent.
  3. Unless expressly stated in this Agreement, no license or rights to our Content are granted to you and your access or use of the VoiceConnect App should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos, or VoiceConnect App marks without Maxis’ prior written consent.
  4. You acknowledge and agree that by using the VoiceConnect App, you may be exposed to Content which is inaccurate, misleading, defamatory, offensive and unlawful. Any reliance on or use of any Content on or accessible from VoiceConnect App is at your own risk. We are not responsible nor do we endorse, support or guarantee the lawfulness, accuracy or reliability of any of our Content transmitted or displayed by or linked to the VoiceConnect App.

Your Content

  1. We do not control, actively monitor or review your Content and you shall be responsible for any of your Content and for the accuracy, integrity, legality, reliability, appropriateness, quality and ownership of your Content.
  2. You are entitled to use materials that we render available to you solely to use VoiceConnect App for its intended purpose. Please note that our resources (in particular the predesigned templates) may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular on your VoiceConnect App. If you do not satisfy our demand, we shall be entitled to delete such materials at our sole discretion, with no liability on our side. In the aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
  3. If you post, upload, send or otherwise make available Content which belong to a third party, you undertake to obtain the consent of such third party, in addition to and not in derogation of your obligations resulting from these terms and conditions.
  4. You acknowledge and accept that we may preserve your Content and disclose it if we are required to do so by law or if it is necessary to enforce these terms and conditions, a court order or a decision of a competent public authority, respond to claims that any of your Content or the activity of your VoiceConnect App violates the law or the third party’s rights.
  5. While we are not required to pre-screen or control your activity related to the use of the VoiceConnect App, you consent to allowing us to access, review, screen and/or delete any of your Content, block or suspend access to the VoiceConnect App or any part of it, with or without notice, at our sole discretion at any time if we receive any information or have reasonable suspicion that your or the End User(s)’ activity or your Content violate these terms and conditions or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.
  6. You should not post, upload or send Content that:
    1. violates or infringes a third party’s rights of publicity, privacy, copyright, trademark or other Intellectual Property right;
    2. misrepresents or misleads;
    3. bullies, harasses or intimidates;
    4. slanders, defames or libels; and/or
    5. spams other users.

Minimum Period of VoiceConnect App

  1. The VoiceConnect App is a value added services for the Service(s)’ subscribers. You agree to be subject to the same Minimum Period of your Service(s)’ subscription.

Charges

  1. The Charges for the VoiceConnect App shall be set out in the Maxis Registration Form. The Charges are exclusive of all applicable taxes.
  2. The monthly Charges for VoiceConnect App shall be paid in full (1 month) regardless of the date of activation or termination.
  3. Call usage rates shall be set out in the Service(s)’ appendix and the call usage charges will be reflected in the Service(s)’ monthly bill.

License

  1. You shall only allow authorised personnel to have access to the VoiceConnect App to configure your End User(s) postpaid Maxis mobile phone number, including constant supervision and management of the use of the VoiceConnect App. You are required to closely monitor and manage the usage of the VoiceConnect App used by your End User(s) to access your ONEBusiness VoiceConnect service.
  2. Registered End User(s) will be able to login to the VoiceConnect App using their User ID with supported Mobile Device. The VoiceConnect App does not support jail-broken/ rooted Mobile Device for both IOS and Android devices.
  3. The VoiceConnect App only supports the current and previous one (1) version software on Android/IOS smartphone and tablets (Android OS version must be above version 5 and iOS version must be above version 11). The VoiceConnect App may automatically download, and upgrades, updates or other new features may automatically install. You may be able to adjust these automatic downloads via the settings in your Mobile Device.
  4. If an End User(s) intends to switch to a new Mobile Device, the End User(s) is required to reinstall the VoiceConnect App in the new Mobile Device and login as usual using its registered User ID and password.
  5. You shall not tamper or alter the VoiceConnect App without Maxis’ prior written permission.

Log-on Details

  1. We will create an account and provide you with one (1) main Log-on Detail information required to connect to and access the VoiceConnect App, including a sufficient number of Log-on Details, as determined by us to provide your End User(s) with access.
  2. Maxis reserves the right to request you to reset or alter your Password. You may change and/or create new Log-on Details at any time by submitting a request to us in writing which shall be subject to our approval and any additional charge. The right to your account, Log-on Detail and other identifiers used for the VoiceConnect App does not transfer to you and can be disabled, reclaimed and reused once your account is terminated or deactivated for whatever reason by either you or us.
  3. You are encouraged to periodically change your Password especially when an End User is changed.
  4. You acknowledge that the provision and use of the VoiceConnect App shall include, but not limited to:
    1. access to ONEBusiness Voice Admin Portal.
    2. updating your End User(s)’ Maxis postpaid mobile number in the ONEBusiness Voice Admin Portal to register the mobile phone number to use the VoiceConnect App.
    3. Acting as a single point of contact for Maxis to contact or consult in connection with the VoiceConnect App or ONEBusiness VoiceConnect service whenever the need arises.

Your responsibilities and obligations

  1. You acknowledge and agree that you shall:-
    1. use the VoiceConnect App only and directly related to your trade, business or profession. You shall not use the VoiceConnect App in any manner that could damage, disable, impair, disrupt, inhibit or otherwise interfere with other users from enjoying the VoiceConnect App or that could damage, disable, overburden or impair the functioning of the VoiceConnect App, the networks or security systems used to provide the VoiceConnect App;
    2. always use caution when giving out any personally identifiable information about yourself or your personnel via VoiceConnect App and/or the VoiceConnect App;
    3. not carry out or permit to be carried out any copying, additions, improvements, adjustments, modifications, alterations, reverse engineering, replacements, reselling and/or distribution of the VoiceConnect App without the prior written consent of Maxis;
    4. retain VoiceConnect App at all times in the custody and control of yourself and not permit any third party to use VoiceConnect App. Use of VoiceConnect App by any third party shall be deemed to be use of VoiceConnect App by you;
    5. be solely responsible for any data or Content transmitted or broadcasted (whether authorised by you or not) and the security of any data/information retrieved, stored or transmitted and managing the use of the storage capacity for your data/information to ensure it is within the capacity allocated to you. We are not liable for any unauthorised access to any data/information notwithstanding the cause of such unauthorised access and shall have no obligation to back up or manage the data/information;
    6. use all precautions to prevent, and report immediately to us upon the discovery of, any fraud, unauthorised usage, or any other unlawful acts and you agree to lodge a police report whenever instructed by us and to give us a certified copy of such report;
    7. use the VoiceConnect App according to the specifications, guidelines and recommendations and shall immediately disconnect or cease to use the VoiceConnect App at our request;
    8. impose necessary restrictions and obligations on the End User(s) to ensure they uphold these terms and conditions as if the End User(s) were a party to this Agreement;
    9. be adequately insured with a reputable insurer against all risks which a prudent person carrying on its business would insure against;
    10. be responsible for obtaining and maintaining all licences, permits, consents, authorisations and intellectual property or other rights required for the use of the VoiceConnect App and other equipment and software in your name and at your expense; and
    11. ensure that all other equipment and software used in connection with the VoiceConnect App or part thereof are compatible and can properly function.

Disclaimer and Liability

  1. YOU AGREE THAT THE VOICECONNECT APP, IN WHOLE OR IN PART, IS PROVIDED BY THIRD PARTY VOICECONNECT APP PROVIDERS INCLUDING ANY OTHER THIRD PARTY PROVIDING ANY HOSTING, DISTRIBUTION, MANAGEMENT, MAINTENANCE AND/OR OPERATION OF ANY SOFTWARE, SOFTWARE WHICH IS PROVIDED AS A VOICECONNECT APP, DATA, DATABASE, INFRASTRUCTURE, AND/OR PLATFORM, WHICH IS PROVIDED AND/OR ACCESSED OVER THE INTERNET AND/OR ANY OTHER NETWORK.
  2. IN ADDITION TO AND NOT IN DEROGATION OF THE GTC, WE EXCLUDE ANY LIABILITY RELATED TO IT AND ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSES ARISING FROM ANY CLAIMS WHATSOEVER INCLUDING BUT NOT LIMITED TO CYBER TERRORISM, INVASION OF PRIVACY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR BREACH OF ANY LAW OR REGULATION ARISING FROM THE USE OF THE VOICECONNECT APP, WHETHER BY YOU OR ANY OTHER THIRD PARTY. RISK PASSES TO YOU IMMEDIATELY UPON ACTIVATION OF THE VOICECONNECT APP.
  3. WE DO NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN THE VOICECONNECT APP AND, THEREFORE, WE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE VOICECONNECT APP AND ANY ACTIONS RESULTING FROM YOUR USE OF THE VOICECONNECT APP.
  4. WE ARE NOT LIABLE FOR ANY UNAUTHORISED ACCESS OR USE OF THE VOICECONNECT APP (NOTWITHSTANDING THE CAUSE OF SUCH UNAUTHORISED ACCESS) AND FOR ANY LOSS OR DAMAGE DUE TO LOSS OF YOUR INFORMATION AND/OR DATA AND SHALL HAVE NO OBLIGATION TO BACK UP OR MANAGE THE DATA/INFORMATION.
  5. WE DO NOT RECOMMEND THE USE OF THE VOICECONNECT APP WHERE THE RISK OF NON-CONNECTION OR LOSS OF CONNECTION OF THE VOICECONNECT APP CARRIES A MATERIAL RISK. WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT YOU OR ANY THIRD PARTIES MIGHT SUSTAIN AS A RESULT OF THE USE OF THE VOICECONNECT APP BY YOU. ACCORDINGLY YOU MAY ONLY USE THE VOICECONNECT APP IF YOU ACCEPT ALL SUCH RISK AND INSURE ACCORDINGLY.
  6. THE VOICECONNECT APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAXIS SHALL NOT BE HELD LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE VOICECONNECT APP. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE VOICECONNECT APP, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY MAXIS OR ITS AGENTS, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
  7. MAXIS DOES NOT GUARANTEE THAT (A) THE VOICECONNECT APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT MAXIS WILL CORRECT ALL ERRORS IN THE VOICECONNECT APP; (B) THE VOICECONNECT APP WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) THE VOICECONNECT APP, INCLUDING ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL YOU OBTAIN FROM MAXIS UNDER THIS AGREEMENT, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND (D) ANY VOICECONNECT APP LEVELS, PERFORMANCE INDICATORS, OR ANY OTHER BENCHMARKS WILL BE MET BY THE VOICECONNECT APP.
  8. YOU ACKNOWLEDGE THAT THE VOICECONNECT APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN COMMUNICATIONS FACILITIES AND NETWORKS, INCLUDING THE INTERNET. MAXIS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
  9. YOU AGREE THAT MAXIS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE VOICECONNECT APP AT ANY TIME WITHOUT NOTICE.
  10. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION, SOFTWARE, OR NON-MAXIS MATERIALS THAT YOU LOAD INTO OR USE TOGETHER WITH THE VOICECONNECT APP OR CREATE, AND YOU AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND MAXIS AGAINST ANY CLAIM AND INDEMNIFY MAXIS FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION, SOFTWARE, OR NON-MAXIS MATERIALS.

Termination

  1. If you (i) re-sell, re-supply, transfer and/or assign/novate the VoiceConnect App to a third party, or (ii) change, transfer or assign/novate the VoiceConnect App to a different payment responsible accounts, we are entitled to terminate the VoiceConnect App and you shall be liable to Maxis for the monthly subscription fee for the whole month.
  2. Once the VoiceConnect App or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your account, collected data and other information, cannot be reversed, and we shall bear no responsibility for consequences resulting therefrom.
  3. You may terminate the VoiceConnect App by giving Maxis thirty (30) days advance written notice. Upon termination of the VoiceConnect App or this Agreement for any reason whatsoever, you shall be liable to Maxis for the monthly subscription fee for the whole month.
  4. Termination of your Service(s)’ line will result in the termination of the corresponding VoiceConnect App attached to it.