Service Specific Terms & Conditions – VSAT Service

 

Version [1 July 2017]

  1. General

    1. 1.1 The Service(s): VSAT 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, the highlighted words shall have the following meanings:
      1. 2.1.1 “Contract Period’ means the contractual period of this Agreement commencing from the Service Commencement Date for the Service(s),
      2. 2.1.2 “MPN” means a managed private VSAT network which provides for satellite bandwidth for a group of sites on a “dedicated bandwidth” basis.
      3. 2.1.3 “Service Commencement Date” means the date on which Maxis notifies you that the Service(s) is ready for use and accepted by you.
      4. 2.1.4 “Site(s)” means the sites and such other geographical locations or buildings and supporting facilities within Malaysia at which Maxis agrees to supply and install the Service(s) for the provisioning of the Service(s).
      5. 2.1.5 “VSAT” means a very small aperture terminal.
      6. 2.1.6 “VSAT Service” means satellite communication services operating on either the C-band or Ku-band frequency that provides point-to-point or point-to-multipoint connectivity for intranet (for MPN) and/or best effort internet access and telephony services.
      7. 2.1.7 “VSAT System” means collectively all Equipment and services necessary for the due operation of a system for the VSAT Service which has been accepted by Maxis.sap

  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 If Maxis is delayed or prevented from delivering or installing the Equipment which is caused by you or due to the lack of access to carry out the necessary works, Maxis may charge you the actual costs and expenses incurred for such delays or additional work performed by Maxis.
    3. 3.3 You shall prepare the Site(s) and provide such facilities as required by Maxis so that the Site(s) have proper accommodation, foundations and environmental conditions for the VSAT System. In the event the Site is not in accordance with the requirement of Maxis, then Maxis shall not be liable for not providing the quality of Service(s) specified or any delay in the installation of Service(s).
    4. 3.4 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 Maxis Network.
    5. 3.5 You agree that the Service(s) with a Ku-Band frequency are susceptible to prevailing climatic conditions. Maxis does not undertake that the Service(s) will be fault-free, continuous or uninterrupted.
    6. 3.6 Occasionally Maxis may:
      1. 3.6.1 for operational reasons, change the technical specification of the Service(s), provided that any change to the technical specification does not materially cause an adverse effect on the performance of the Service(s); or
      2. 3.6.2 suspend the Service(s) for operational reasons or in an emergency; or
      3. 3.6.3 give you instructions which we believe are necessary for reasons of health, safety or the quality of any Service(s) delivered to you or any other customer of Maxis.
         
  4. Charges

    1. 4.1 You agree to pay the Charges in respect of the provision of the Service(s) in accordance with the charges specified in the Registration Form or as may be notified by Maxis to the Customer from time to time.
    2. 4.2 The Charges are payable by you each month/quarter (depending on the payment option subscribed to) in advance commencing from the Service Commencement Date. You shall be billed for each link or Site(s) and installation charges for the Site(s) in the first month’s invoice. You shall pay within thirty (30) days of invoice all applicable charges in connection with the Service(s).
    3. 4.3 If you request Maxis to perform any work to provide the Service(s) outside Maxis’ normal working hours, Maxis reserves the right to charge you for such work, calculated at Maxis’ applicable hourly rates.
    4. 4.4 Any value added, addition or supplement Site(s) or services requested by you and agreed to be provided by Maxis shall be separately charged by Maxis to you.
       
  5. Your Additional Obligations

    1. 5.1 You shall provide adequate power points and fuses (as approved by Tenaga Nasional Berhad) for the operation of Our Equipment.
    2. 5.2 You are not to remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    3. 5.3 In addition to your obligations under Clause 2.4 and 2.7 of the GTC, you shall not use the Service(s):
      1. 5.3.1 in such a way as to cause excessive or disproportionate load on the Service(s) or Maxis Network (“Excessive Usage”). Maxis may notify you when you cause Excessive Usage and may provide you with suggestions on how to more effectively use the Service(s) or to reverse your usage trend. If you do not reduce your usage accordingly within two (2) weeks from Maxis’ notification, you shall be deemed to be in default of your obligations under the Agreement and Maxis will be entitled to immediately terminate the Service(s) pursuant to Clause 6 without further notice; or
      2. 5.3.2 restrict, inhibit, disrupt, degrade or impede Maxis’ liability (in the sole judgment of Maxis) to deliver the Service(s), backbone, network nodes and other network services and components (both software and hardware) of the Maxis Network;
    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 based on the Contract Period for the specific Service(s).
    2. 6.2 Maxis may terminate this Agreement and/or the Service(s) for convenience by giving you three (3) months advance written notice.
       
  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 shall be the fees paid to Maxis by you over the twelve (12) months period prior to the date of the breach.