Service Specific Terms & Conditions ("SSTC") - Maxis Zerolution Contract for Devices

Version [25 Aug 2016]


General

  1. The Plan(s): "Maxis Zerolution Monthly Plan" and "Maxis Zerolution Upgrade Plan" (collectively referred to as the "Maxis Zerolution Plan"). The Offer cannot be exchanged for cash.
  2. This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any other offers from time to time.
  3. You : Person(s) signing up for the Maxis Zerolution Plan. You shall be responsible for payment of all charges associated with the Offer and the principal line registered under you.
  4. The use of the Service(s) is subject to the postpaid Services Terms & Conditions ("Agreement"), this 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
  5. Capitalised terms herein have the same meaning as defined in the Agreement.
  6. Any conflict or inconsistency between this SSTC and the Agreement, shall be construed in the following order of precedence: (a) SSTC; and (b) Agreement.
  7. We reserve the rights without liability, to revise this SSTC, Plan(s) 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give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded.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 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.

Commitment Period:

  1. The Commitment Period of the Offer is twenty four (24) months from the date of acceptance of these terms and conditions ("Date of Execution") . If applicable, with the acceptance of this Offer, your previous phone/device offer contract is deemed terminated as at the Date of Execution and you shall be subject to any device remaining balance charge of the previous contract.

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 Maxis Zerolution Plan(s) is inapplicable to you if you are a commercial user and/or bulk subscriber.

Advance Payment

  1. Advance payments based on the device RRP under this Offer may be applicable and is as set out on our website at www.maxis.com.my.

Maxis Zerolution Monthly Plan

  1. By accepting this Offer: you will enjoy 1 device (“Device”) at the price as offered by us ("Maxis Zerolution Fee")
  2. You shall not, during the Commitment Period,:
    • terminate your Maxis Zerolution Monthly Plan;
    • terminate or suspend your Maxis mobile account or port out to another mobile service provider;
    • have your Maxis mobile account terminated for non-payment of monthly bills;
    • downgrade below your entry Maxis Zerolution Plan. If you do downgrade to a lower Maxis Zerolution Plan, you will incur a Device remaining balance charge as stipulated in this SSTC. For more information on what the entry Maxis Zerolution Plan(s) are, please visit our website at www.maxis.com.my/tnc/personal
    • other than the downgrade as per clause 13(d) above, where you change your rate plan to a rate plan that is not eligible under the Maxis Zerolution Monthly Plan. Eligible rate plans are variants of MaxisONE Plan 128,158 or 188;
    • Change or transfer ownership of this Offer and Service(s)
  3. You acknowledge, if any of the events in clause 13(a), (b), (c), (d), (e) and/or (f) above occurs, you shall pay us the Device remaining balance charge as stipulated in clause 16 below. Payment of the Device remaining balance charge is without prejudice to the collection of all monies owing to us by you in accordance with your account up to the time of early termination. You will receive a final statement of account which will be due and payable by you to us immediately upon receipt. All outstanding amounts due and owing to us shall be subject to GST.
  4. If you suspend your Maxis mobile account during the Commitment Period, the Maxis Zerolution Monthly Fee will continue to be charged to you.
  5. You agree we have the right to impose the Device remaining balance charge, which you shall be responsible to pay if you decide to terminate before expiry of the Commitment Period. The Device remaining balance charge is calculated as follows: [(Recommended Retail Price (RRP) ÷ 24 months)] x Remaining month(s)].
  6. You 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.
  7. You accept and acknowledge you will be liable for the Offer, Commitment Period, Device(s), payment and charges, these terms and conditions and the General Terms and Conditions.

Maxis Zerolution Upgrade Plan ("Upgrade Plan")
Effective 26th January 2018, Maxis Zerolution Upgrade Plan is no longer available for new sign ups on all iPhone models.

  1. You subscribe to the Upgrade Plan upon signing up for it. The Upgrade Plan requires you to pay a Zerolution Upgrade Fee upon signing up for the Maxis Zerolution Plan, to qualify for an upgrade.
  2. By accepting this Offer: you will be entitled to upgrade to a new device based on your selection after 12 months of your Zerolution Monthly Plan and hereinafter be subjected to as the "Maxis Zerolution Upgrade Fee").
  3. In order to be eligible for the Upgrade Plan, you must:
    • pay the Maxis Zerolution Upgrade Fee upon signing up for a Maxis Zerolution Plan;
    • return your Device in "good working condition" as stipulated in the Device Return Guidelines below (for a device upgrade);
    • fulfil at least 12 months of your Maxis Zerolution Monthly Plan and Upgrade Plan in order for us to waive-off the remaining months of your "Maxis Zerolution Monthly Fee"; and
    • exercise the upgrade before the Commitment Period ends. If you do not exercise the upgrade offer within the Commitment Period, you will not be eligible to return your device and the Maxis Zerolution Upgrade Fee paid will be forfeited).
  4. You shall not, during the Commitment Period,:
    • terminate your Maxis Zerolution Upgrade Plan;
    • terminate or suspend your Maxis mobile account or port out to another mobile service provider;
    • have your Maxis mobile account terminated for non-payment of monthly bills;
    • change rate plan to a rate plan that is not eligible for Maxis Zerolution Monthly Plan; and/or;
    • Change or transfer ownership of this Offer and Service(s)
  5. You acknowledge, if any of the events in clause 22 above occurs, this Offer will be revoked and you will no longer be eligible to return your Device and the Maxis Zerolution Upgrade Fee paid will be forfeited.
  6. If you suspend your Maxis mobile account during the Commitment Period, the Maxis Zerolution Upgrade Fee will continue to be charged to you.

Device Warranty

  1. We will not be responsible to replace the Device or any part thereof that is lost, stolen, damaged or defective (where such defect is not a manufacturer defect). You shall be responsible for the repair and maintenance of your Device. Repairs shall be subject to the applicable warranty issued by the manufacturer.
  2. If you terminate this Offer before expiry of the Commitment Period, you will have to pay the remaining Device balance charge including the GST applicable on such amount.

Device Return Guidelines

The Device Return Guidelines shall form an integral part of these terms and conditions.

  1. You must make sure that the Device returned by you is in good working condition, particularly:
    • You must ensure that all and any personal and confidential data/information has been cleared from the Device.
    • You must ensure the Device is able to be switched on and have access to your handset’s IMEI number by pressing *#06# (the IMEI should match the original device purchased).
    • must ensure that your Device functions normally, for example, that it is capable of making and receiving calls and connecting to the internet and touchscreen functions as intended.
    • You must ensure your Device is free from physical damage, except for normal or light wear and tear (for example, it does not have liquid damage, a cracked or discoloured screen or casing, connector damage or faulty or broken SIM reader).
    • You must ensure that all activation and device locking features have been disabled (e.g. Find My Device on iOS 7+ devices).
    • must ensure your Device includes or comes with a fully functioning battery and that your SIM card has been removed
    • must ensure that your Device does not have any missing, disassembled, customised or non-original parts.
  2. In the event your Device falls under any of the categories below, you will need to pay an additional RM300 as damage fee:
    • Device is functional with heavy wear and tear but is capable of turning on/off, buttons fully functional, make/receive calls, connect to Internet.
    • Device has a cracked screen/casing, scratches, minor chips and dents, paint peeling.
  3. In the event your Device falls under any of the categories below, Maxis will not accept the Device and the Maxis Zerolution Upgrade Fee (which is the monthly amount where you subscribe to the Monthly Upgrade Plan, as per Clause 19 above) will be forfeited:
    • is one with heavy wear and tear and is not capable of being switched on or off.
    • Device is significantly damaged (cracked screen/casings, scratches, chips and dents, paint peeling, liquid damage, LCD damage/bleeding and/or swollen battery).
    • Device not accompanied by its battery.
    • Device has missing parts.
    • Device has non-standard OEM parts.
    • Device is not functional (not capable of turning on/off, buttons are not fully functional, cannot make/receive calls and/or cannot connect to the Internet.
  4. You agree that we have the discretion to decide whether a Device can be accepted, accepted at an additional charge or not accepted at all by us. Our decision is final and we will not entertain any queries or appeals.

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