Service Specific Terms & Conditions – Maxis ONEBusiness VoiceSIP

 

Version [October 2019]

1. GENERAL

  1. The Service(s): Maxis ONEBusiness VoiceSIP.
  2. You: The Business Customer signing up for the Service(s).
  3. The use of the Service(s) is subject to the General Terms & Conditions (the “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. Capitalized 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 words below shall have the following meaning:
    1. Maxis ONEBusiness VoiceSIP” means the internet protocol (“IP”) voice telecommunications services to be provided to you pursuant to this Agreement and any promotional, supplemental or additional services such as Domestic, International Tollfree and trunk redirection services as may be stated in the Registration Form or Addendum.
    2. Business Fibre Internet” means the Maxis ONEBusiness Fibre.
    3. DIA” means the Dedicated Internet Access.
    4. MPLS” means the Multi-Protocol Label Switching (MPLS) IP-VPN.
    5. 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.

Maxis ONEBusiness VoiceSIP

3. 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 and Business Fibre Internet 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).

4. 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.
     

5. 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.

6. 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.  

7. 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.

8. NUMBERING

  1. Maxis may allocate number block (eg: either in 10s or in multiples of 100) 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.

9. 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. 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.

  1. 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. The Service(s) is provided on a best effort basis that is provided without any service level assurance.
    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 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) channels 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) channels for the Service(s).
    10. For any subscription of the Service(s), you are entitled to free minutes for domestic mobile/ fixed on-net and shareable off-net usage for calls will be offered (excluding video calls, calls to special numbers, and calls to 1-300/1-800/1-600/121 numbers & IDD calls) and call rate shall revert to normal rate once you have no more allocated shareable off-net minutes.

10. 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:

  4. [Monthly service rental] or [The monthly charges for minimum commitment usage]

    X

    [The remainder of unexpired duration of the Agreement]

  5. 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, the analogue phone or DECT and Our Equipment to Maxis; and
    3. Any call charges incurred by you until Maxis ceases providing the Service(s);

11. 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.