Service Specific Terms & Conditions (“SSTC”) - Maxis Device Contract

Version [02 November 2017]


General

  1. The Offer: Participating Maxis Postpaid Rate Plan for a Maxis Device Contract
  2. You: Person(s) signing up for the Offer.
  3. This Offer shall apply to these participating Maxis Postpaid Rate Plans: MaxisONE plans 98/128/158/188, SurfMore Plans and MaxisONE 4G Combo 148/198
  4. By accepting this Offer, you will enjoy: (i) up to 1 Device (“Device”) at the price stipulated for the particular device if you subscribe to MaxisONE plans 98/128, SurfMore Plans or MaxisONE 4G Combo 148; or (ii) up to 2 Devices if you subscribe to MaxisONE plans 158/188 or MaxisONE 4G Combo 198. “Device” for purposes of this SSTC refers to the devices you are eligible to purchase under the respective participating Maxis Postpaid Rate Plans
  5. This Offer and use of the Service(s) is subject to the General Terms & Conditions (“GTC”), Service Specific Terms & Conditions (“SSTC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all www.maxis.com.my/FUP and www.maxis.com.my/tnc/personal
  6. Capitalised terms herein have the same meaning as defined in the GTC.
  7. Any conflict or inconsistency between this SSTC, the GTC and Summary Terms and Conditions (“STC”), shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
  8. We reserve the rights without liability, to revise this SSTC, the GTC, Offer and our pricing. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept you are responsible for regularly reviewing information on the plan(s) and Service(s) at www.maxis.com.my/tnc), including changes to the Agreement. Your continued use of the Service(s), and/or plan(s) (after the Effective Date of any revision/change to the terms and conditions of the Agreement, Services, and/or plan(s)) shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate the Plan(s) and/or the use of the Services by giving us notice within 28 days from the Effective Date failing which you are assumed to have accepted the changes


Eligibility

  1. A principal line must be registered in your name and be an active account under an individual postpaid rate plan offered by us,
  2. You are ineligible for this Offer if you have any outstanding payments with us.
  3. This Offer is inapplicable to you if you are a commercial user and/or bulk subscriber.


Charges

  1. The rate table guide for the rate plan under this Offer is as set out on our website at www.maxis.com.my . Rates displayed do not include all applicable taxes and GST.
  2. You are responsible for payment of all Charges associated with the Offer.


Deposit and Advance Payment

  1. A deposit of RM500 is chargeable for non-Malaysians subscribing to the Offer.
  2. Advance payments based on the rate plan under this Offer is as set out on our website at www.maxis.com.my.


Minimum Period of Service(s) and Early Termination

  1. This Offer is twenty four (24) months contract, commencing from the date of acceptance of these terms and conditions (“Date of Execution”). If applicable, with the acceptance of this Offer, any previous device contract you had contracted for with Maxis, shall be deemed terminated as at the Date of Execution and you shall be subject to any early termination charges of such previous contract, if applicable.
  2. You shall NOT during the Minimum Period of Service:
    • terminate your Maxis mobile account or port out to another mobile service provider;
    • suspend your Maxis mobile account;
    • have your Maxis mobile account terminated for non-payment of monthly bills;
    • change the rate plan you had registered for pursuant to the Offer. However, any upgrade of a rate plan by you is allowed;
    • Change or transfer ownership of this Offer and Service(s).
  3. If any of the events in Clause 18 above occurs, you shall pay us an early termination charge as set out in clause 20 below.
  4. Applicable early termination charges are set out below:
    For 24 months contract: You agree that Maxis has the right to impose an early termination charge you are responsible to pay if you terminate your 24-months contract before its expiry. The early termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront Cost) x (Remaining month(s) ÷ 24 months)] + RM 100 administration fee. An additional RM30 x 24 months reducing penalty will be applied to customers taking up MaxisONE Plan device bundles. Payment of the early termination charge is payable by you in addition to all monies owing to us up to the time of early termination.
  5. You acknowledge and agree we have the rights to block the IMEI of the Device if you are:
    • suspected of fraud or found to have committed fraud; or
    • after signing up to this Offer, you fail to make payment for a continuous period of three (3) months.
  6. If you terminate this Offer before the end of the Minimum Period of Service, you will have to pay both the early termination charge of your rate plan and your Mobile Internet Package as the case may be.


Device

  1. For NeXT powered by Maxis devices, you are entitled for a device manufacturer’s warranty which extends for a period of 24 months for the handset/host unit, 12 months for battery, USB charger and earphone commencing from the date of purchase. Any defect or fault is subjected to the applicable warranty issued here http://www.maxis.com.my/en/tnc/personal-tnc/nextwarranty-tnc.html. You accept and acknowledge that the Devices are subject to the Device manufacturer’s standard warranty and we shall not be responsible for replacing your Device or any part thereof that is lost, stolen, damaged or defective which is not covered under the manufacturer’s warranty
  2. We will not be responsible for replacing your Device or any part thereof that is lost, stolen, damaged or defective. You shall be responsible for the repair and maintenance of your Device. Should a defect or fault fall within the ambit of manufacturer’s warranty, repairs shall be subject to the applicable warranty issued by the Device manufacturer. You accept and acknowledge that the Devices are subject to the Device manufacturer’s standard warranty and we shall not be responsible and/or liable for any Devices and/or for any loss and/or damage whatsoever suffered by you and/or any other party.


Additional Features & Requirements

  1. The Offer cannot be exchanged for cash and the Device is not returnable upon acceptance.
  2. We reserve the rights to rescind any of the privileges of your rate plan in the event your line/account registered for this Offer is not used with the Device purchased.
  3. You may enjoy only (1) Offer for each principal line registered.
  4. Your device advance payment will be rebated into your bill based on your Offer. Your service line must be active for you to be able to receive the device advance payment refund. Where your line is suspended, terminated or barred, you will not be entitled to receive the said advance payment refund.


Termination

  1. Subject to our GTC, a principal line holder may at any time terminate the Offer and/or plan(s) as follows:
    • by calling our customer care line at 1-800-82-1123 or dial 123 from your mobile;
    • by walking into our Maxis Centres listed on www.maxis.com.my; or
    • by writing in to customercare@maxis.com.my

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