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Service Specific Terms & Conditions (“SSTC”) - Usage Based Internet (UBI) for Dedicated Internet Access

  1. GENERAL
    1. The Service(s): Usage Based Internet (UBI) for Dedicated Internet Access Service will be offered at the following packages:
      1. Business Packages will be offered at download speeds of up to 10Mbps, 30Mbps, 50Mbps and 100Mbps. All new sign ups to these packages will be contracted for twenty four (24) months.
      2. Data Center & Hosting Package will be charged based on the total monthly usage. All new sign ups to these packages will be contracted for twelve (12) months.  
    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.
  1. Definitions and Interpretation
    Unless the context otherwise requires, the highlighted words shall have the following meanings:
    Dedicated Internet Access Service” means Maxis’ provision of access to the internet, comprising a group of inter-networked equipment including Maxis’ provision of a transmission link (whether fixed or otherwise) between the Sites and the applicable Maxis nearest Internet Exchange and any value-added features that may be added by Maxis and/or other services requested by you.
    Maxis Internet Exchange” means Maxis network that provides connectivity to internet where you connect to receive Service(s).
    Service Commencement Date” means the date on which Maxis notifies you that the Service(s) is ready for use 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.
    Site(s)” means the premise(s) designated by you under “Installation Address” segment 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).
    Term” means the minimum period of or (a) twenty four (24) months for Business Package(s) or (b) twelve (12) months for Data Center & Hosting Package commencing from the Service Commencement Date unless otherwise agreed between you and Maxis.
  1. Provision 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. 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 Internet Server.
    3. Maxis does not guarantee or warrant: (a) availability of the Service(s), and (b) continuous, uninterrupted or secure access to the internet.
    4. You shall be solely responsible for keeping an independent back-up of all data retrieved, stored or transmitted through the Service(s).
    5. Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.
  1. Charges
    1. The monthly recurring Charges and other 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 and other charges associated with the Service(s).  
    2.  For the Business Package, Maxis will provide you a period of 3 months or such longer period as agreed by Maxis in order for you to monitor the network usage (“Grace Period”). During the Grace Period, if you exceed the monthly network usage quota under the Business Package, you will not be charged for the additional network usage and you are allowed to upgrade the Service(s). After the Grace Period, if you exceed the monthly network usage quota, you will be charged at the rates as o ered to you by Maxis subject to the monthly recurring Charges capping as notified to you by Maxis.
    3. The readings will be based on network readings from Maxis’ Network infrastructure and Charges will be based on those readings.
    4. For the avoidance of doubt, network usage measurement provided by Maxis will be the final determination of network usage. Maxis will use the total network usage for inbound and outbound traffic. Maxis will provide you with access to Maxis Business Hub portal to monitor your network usage. Where applicable, you shall pay Maxis a one-time installation Charge at the prevailing rates by Maxis.
  1. Your Additional Obligations
    1. You shall be responsible for all telecommunications charges arising from: (a) any service used to establish a leased line connection to the Service(s) and (b) for any surcharges levied by a third party 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.  You are to provide adequate power points and fuses (as approved by Tenaga Nasional Berhad) for the operation of Our Equipment.
    3. You shall not remove, relocate or cause the removal or relocation of Our Equipment without Maxis’ prior written permission.
    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. 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.
  1. Term and Termination
    1. The minimum period of subscription for the Service(s) is twenty four (24) months for Business Package(s) or twelve (12) months for Data Center & Hosting Package, unless otherwise agreed between you and Maxis.
    2. Maxis may terminate this Agreement and/or the Service(s) for convenience by giving you thirty (30) days advance written notice.
    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. 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. For Business Package(s), if you terminate the Agreement before the expiry of the Term, you are to pay Maxis the monthly recurring charges for the whole months remaining for the Term. In addition, for Data Center & Hosting Package, you will be charged a fee of RM5,500 or such other charges as may be notified to you by Maxis from time to time. This charge does not include applicable taxes.
    6. 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.
  1. Warranty and Limitation of Liability
    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. 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.