| 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 individual 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 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 recognizes and acknowledges that all value added services and every 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. |
| 8. |
The Customer agrees that the Services are being provided to the Customer on the representation that the Customer is an
employee or contract staff of a corporate/ company/SME. 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 corporate/ company/ SME business individual 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 in his/her own individual capacity under a consumer 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. |
| 9. |
The Customer’ account number shall be quoted in all requests for additional Services and in all its transactions with
MMSSB. Customer shall accept all liability for all Services, the SIM card and the Customer’s account number including
without limitation additional Services registered under the Customer’ name/account number and shall ensure that they are
used in a lawful manner in accordance with the Agreement, this Addendum and law. |
| 10. |
The Customer agrees to pay promptly all usage charges due and payable for all Services registered under the Customer’
account number irrespective of whether or not the Services have been used or misused by any third party whether or not
authorized by the Customer. |
| 11. |
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 pretermination.
The Customer shall be furnished with a final statement of account which shall be due and payable by the
Customer to MMSSB upon receipt. |
| 12. |
MMSSB reserves the right to rescind any of the privileges of the Customer under a Rate plan and/ or terminate the
Agreement or part thereof 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). |
| 13. |
Applicable to Customers if a Device subsidy is provided under the Rate plan – |
| |
| 13.1 |
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. |
| 13.2 |
MMSSB shall have a lien over the Devices until:-
| 13.2.1 |
If the customer subscribes to the Rate plan for a contract term, upon the expiry of the contract term; |
| 13.2.2 |
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.
|
| 13.3 |
Subject to Paragraph 13.2 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. |
| 13.4 |
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’s 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. |
| 13.5 |
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. |
| 13.6 |
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). |
|
| 13.7 |
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. |
| 13.8 |
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. |
|
| 14. |
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. |
| 15. |
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. |
| 16. |
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. |
| 17. |
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. |
| 18. |
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. |
| 19. |
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. |
