| 1. |
These Terms and Conditions (“Addendum”) shall be applicable for all rate plans, promotions and packages
as offered or may be offered by MMSSB (“Rate Plans”) to corporate/SME company customers as part of the
Services under the Agreement. |
| 2. |
This Addendum shall be in force immediately from the date of its acceptance by the Customer (which is
signified by availability of the Services and its usage by the Customer) and shall continue for a contract term
as agreed by the Customer in the respective Rate plan or until earlier terminated in accordance with the
Rate plan, the Agreement and/or this Addendum. Acceptance of the Customer’s application for the Services
under the Rate plan shall be at MMSSB’s absolute discretion. |
| 3. |
The Customer agrees that this Addendum when accepted and acknowledged by the Customer shall form
part of Agreement and be applicable for all Services registered under the Customer’ name and/or Customers
existing company account number whether or not the Services are all under one Rate plan or on different
Rate plans unless agreed otherwise in writing with MMSSB. |
| 4. |
The Customer shall refer to the Rate plans offered by MMSSB for the Service options available for Customer
registration and the subsidized devices options offered under each Rate plan. |
| 5. |
Each Rate plan offered by MMSSB is subject to eligibility guidelines and additional terms (if any) as may be
stated therein. The Customer shall have on acceptance of this Addendum hereby acknowledge to have read,
understood and accepted the terms and conditions of the Rate plan(s) which the Customer has subscribed
for, which includes without limitation the contract term, applicable charges, eligibility guidelines and Device
options (if any provided under each Rate plans) |
| 6. |
Customer who subscribe for data packages under a Rate plan shall have deemed to have acknowledged and
agree to be bound by the Broadband terms and conditions and the fair usage policy as made available at
http://www.maxis.com.my/personal/broadband/termncon.asp and as may be modified from time to time on
usage of the Services and the Devices., |
| 7. |
The Customer acknowledges that on successful registration for the Services with MMSSB, the Customer
would have been provided with a company account number which would enable the Customer to apply for
additional Services under the existing Agreement; track the Services available or made available to the
Customer and for all billing purposes. |
| 8. |
The Customer recognizes and acknowledges that all value added services and additional Service applied
under a Rate Plan by the Customer in the Customer’s name shall be added to the Customer’s account and
registered under the Customer’s name as part of the Services under the Agreement and this Addendum
shall apply for all such Services. |
| 9. |
The Customer will also be provided with Customer specific Personal Identification Number and Administrator password (collectively the “PIN”) to grant the Customer sole and secure access to the MMSSB website portal provided for these services (“Portal”). The Customer is encouraged to change the PIN periodically for
security purposes The Customer shall register for additional Services either by accessing the Portal by using
the PIN provided or by submitting an official request to MMSSB along with the requisite documents as
required by MMSSB for such Service. |
| 10. |
The Customer acknowledges and accepts that the PIN and company account number is specific to the
Customer and shall be held confidential by the Customer at all times with restricted access or disclosure to
any third party including its personnel or agents. The Customer’ shall quote its company account number in
all its transactions with MMSSB. The Customer shall accept liability for all Services including without
limitation additional and value added Services as may be registered using the Customer’ company account
number or PIN, including liability for any loss, use or misuse of the Services, SIM card, PI |
| 11. |
The Customer agrees that the Services are not being provided to the Customer’ employees, personnel or
agents in their individual capacity but to the Customer as a corporate entity or SME company as represented
to MMSSB. It would be the Customer’ responsibility to ensure that the Services provided to it are used in a
lawful manner by it and its personnel, agents or third parties in accordance with the Agreement, this
Addendum and law. |
| 12. |
The Customer agrees to pay promptly all charges due and payable for the Services registered under the
Customer’ company account number irrespective of whether or not such Services were authorized by the
Customer and whether or not the employee, personnel or agents or third party’s employment or contract is
existing or has been terminated by the Customer. |
| 13. |
MMSSB shall have the right to verify the information provided by the Customer from time to time and if the
Customer is no longer a company or entity as represented to MMSSB, the Customer shall keep MMSSB duly
informed of the same. MMSSB reserves the right to terminate the Services and/or allow the Customer to
continue with the Services only at the request and application of the Customer as an individual in his or her
capacity under a rate plan at the option of MMSSB. The Customer shall be liable to make due payments for
all usage charges, migration and cancellation fee as applicable and invoiced by MMSSB for such change. |
| 14. |
The Customer shall not be entitled during the current contract term to change its registered Rate plan or
downgrade unless permitted by MMSSB. The Customer recognizes and acknowledges that the promotion
element/ Device subsidy (if any) provided by MMSSB under the Rate plan shall be in consideration of the
Customer subscribing for the Services for the applicable contract term under such Rate plan. If, prior to the
expiration of the contract term MMSSB terminates the Services or Agreement or any part thereof due to
breach by the Customer or if the Customer changes its Rate plan or terminates the Services, Agreement
and/or Addendum or any part thereof, the Customer shall in addition to paying the sums specified in the
Agreement, pay MMSSB a early termination and/or cancellation fee per line for every month or part thereof
of the unexpired duration of the contract term of the subscribed Rate plan or as may be stated in the
subscribed Rate plan. Payment of the termination and/or cancellation fee shall be without prejudice to the
collection of all other monies owing to MMSSB by the Customer in accordance with the Customer’s company
account up to the time of pre-termination. The Customer shall be furnished with a final statement of account
which shall be due and payable by the Customer to MMSSB upon receipt. |
| 15. |
MMSSB reserves the right to rescind any of the privileges of the Customer under a Rate plan and/ or
terminate the Agreement or part there in the event the registered Services is not in accordance with the
stipulated eligibility criteria or is not used in accordance with the Agreement, Rate plan package / promotion
or with the Device or if MMSSB suspects of or if there is any illegal usage or fraud in respect of, including
but not limited to, the Services and/or the Devices provided or part thereof (including but not limited to
selling or reselling of the Services and/or the Devices or part thereof without the written consent of
MMSSB). |
| 16. |
Applicable to Customers if a Device subsidy is provided under the Rate plan – |
| |
| 16.1 |
The subsidized devices (handsets) and Broadband modem (“Devices”) made available by MMSSB shall be
subject to the subscribed Rate plan, Device and promotional options available under the Rate plan and/ or
as per the Device manufacturer’s terms and conditions as applicable and the Customer on use of the
Devices agrees to be bound by them. |
| 16.2 |
MMSSB shall have a lien over the Devices until:-
| 16.2.1 |
If the customer subscribes to the Rate plan for a contract term, upon the expiry of the contract term; |
| 16.2.2 |
If the Services or Agreement and/or Addendum or part thereof is terminated earlier than the expiry of the contract term upon full payment by Customer of all amounts due from Customer to MMSSB. |
MMSSB further reserves the right to re-possess the Devices at the Customer’s cost and expenses in the event of any termination of the Services, Agreement and/or Addendum, unless all amounts due from the Customer to MMSSB have been paid in full by the Customer.
|
| 16.3 |
Subject to Paragraph 16.2 of this Addendum, title and risk to the Devices provided under a Rate plan, shall
pass from MMSSB to the Customer upon delivery of the Device to the Customer. For avoidance of doubt,
MMSSB shall not be responsible for any damage to, theft or loss of such Devices or any other matters or
claim in relation to such Devices whether directly or indirectly. The Customer shall be responsible for
informing MMSSB of defective or faulty handsets received by the Customer within the prescribed time. |
| 16.4 |
The Customer shall be responsible for the repair and maintenance of the Devices provided under the
subscribed Rate plan. Repairs are subject to the applicable warranty (if any) provided by MMSSB for a
particular Device or by such Device manufacturer as applicable (“applicable warranty”). For the duration of
any such applicable warranty period, if such applicable warranty is being provided by MMSSB as stated in
the Rate plan, the Customer shall ensure that it returns to MMSSB’s designated service centre’s the Device
for MMSSB further action or for onward transmission to the Device manufacturer. The Customer accepts and
acknowledges that the Devices are subject to the Device manufacturer’s standard warranty and MMSSB
shall not be responsible and/or liable for any such Devices returned by the Customer which is found to be an
ineligible warranty returned Device and/or for any loss and/or damage whatsoever suffered by the Customer
and/or any other party. |
| 16.5 |
The Services and the Devices provided under a Rate plan are provided on an “as is” basis and “as available”
basis. MMSSB and/or its related corporations shall not be liable for and makes no express or implied
representation or warranties of any kind in relation to the Devices (hardware or its software included),
either expressed or implied, including but not limited to the implied warranties of merchantability and fitness
for a particular purpose. |
| 16.6 |
MMSSB shall not be liable to the Customer and the Customer shall indemnify MMSSB for any infringement (or alleged infringement) of intellectual property of a third party to the extent that such infringement relates to: -
| (a) |
use of any of the Devices in combination with software, hardware, equipment, applications or services not supplied by MMSSB or the Device manufacturer; |
| (b) |
information, data or programme furnished by the Customer in the course of the supply of the Devices and/ or Services; |
| (c) |
actions taken by MMSSB at the request of the Customer; |
| (d) |
alteration of the Devices other than by MMSSB (in case such Device carries MMSSB warranty) ; |
| (e) |
failure of the Customer to use replaced or modified Devices provided by MMSSB in order to avoid such infringement; or |
| (f) |
use of the Devices in a manner for which it was not designed; or |
| (g) |
an intellectual property right in which the Customer has a direct or an indirect interest (including without limitation where the Customer is a licensee of that intellectual property right). |
|
| 16.7 |
The Customer acknowledges and understands that certain Devices may include encryption software that is
subject to domestic and foreign legal restrictions that restrict export, import and use of the Devices and its
associated software, and that the Customer is not permitted to roam to any country with the Devices unless
advised by MMSSB or its affiliates that such roaming is permitted to that country. |
| 16.8 |
The Customer shall not use, modify or duplicate the Devices or Services (including Device warranty,
copyright and license documentation) unless permitted by MMSSB or the Device manufacture or make the
Devices or Services available to third parties illegally. |
|
| 17. |
MMSSB and/or its Related corporations shall not be liable to the customer or any third party authorized by
or claiming through the Customer for any loss or damage, whether direct, indirect, special or consequential
or for loss of business, revenue or profits or of any nature suffered by the customer, or any person
authorised by the Customer, or any injury caused to or suffered by a person or damage to property arising
from or occasioned by any act, omission, error, default or delay by MMSSB and/or its related corporations,
its officers, employees and agents in relation to the Devices provided and the Customer agrees to indemnify
MMSSB and/or its Related Corporations against all claims, losses, liabilities, proceedings, demands, costs
and expenses (including legal fees) which may result or which MMSSB and/or its Related Corporations may
sustain in connection with or arising from the provision of the Devices to the Customer. |
| 18. |
Participation by the Customer in any other rate plan or promotion packages introduced or as may be
introduced by MMSSB during the subscribed current Rate plan contract term shall be subject to the absolute
discretion of MMSSB. |
| 19. |
Subject to the terms of the Agreement, this Addendum and the applicable Rate plans, any written request
for Services including without limitation additional services from the Customer by way of a mail, letter or fax
addressed to MMSSB and written or executed by the Customer’s authorized personnel/agent (name of which
personnel or agent have been intimated to MMSSB) shall be valid and binding and shall form part of the
Agreement. The Customer shall have deemed to have ratified all such request for Service and accepted the
Agreement and this Addendum as and when such request is accepted by MMSSB or when the Service has
been put to use by the Customer. It is the liability of the Customer to update the names of its authorized
personnel or agent from time to time in the form as prescribed by MMSSB. |
| 20. |
Unless otherwise defined in this Addendum, words and expressions defined in the Agreement shall have the
same meaning when used or referred to in this Addendum. In the event of any inconsistency between the
provisions of the Agreement and the provisions of this Addendum, the provisions of this Addendum shall
prevail. |
| 21. |
The terms and conditions in the Agreement shall continue to apply to this Addendum subject to any
additions, variations and/or modifications contained in this Addendum and shall be read and construed to be
enforceable as if the additions, variations and/or modifications in this Addendum were inserted in the
Agreement by way of such additions, variations and/or modifications. |
| 22. |
The Customer agrees that if the Services are renewed by Customer for an extended contract term with
MMSSB, such renewal request shall be made in the form as stated by MMSSB and shall be subject to the
terms and conditions of the Agreement, this Addendum and terms of the applicable Service Rate plans. All
such renewal request shall be sent to the address provided in the Agreement and/or by facsimile to the
number provided by MMSSB and shall be deemed an original taken together to constitute the Agreement.
The Customer agrees to be bound by its Facsimile signature and such facsimile requests received and
acknowledged by MMSSB shall be deemed accepted, binding on the Customer from the date of receipt and
shall form part of the Agreement. |
