Fixed
Line: Terms & Conditions
version 9 June 2011 |
| |
|
| 1. |
DEFINITIONS |
| |
|
| 1.1 |
These are the definitions assigned to the following:-
"Addendum" means any addendums or supplements signed by
the Customer and accepted by MAXIS for promotional, supplemental or additional services.
"Agreement" means the agreement for Service made between
MAXIS and the Customer in accordance with these Terms and Conditions.
"Business Day" means Mondays to Fridays
excluding public holidays in Kuala Lumpur.
"MAXIS" means Maxis Broadband Sdn Bhd (234053-D).
"Customer" means the a sole-proprietorship, partnership,
company or entity subscribing for the Services as SME/ Corporate/ Company whose details
are morefully specified in the Registration Form overleaf, whose application for the
Service or any part thereof has been accepted by MAXIS.
"Customer's Equipment" means the terminating equipment
more particularly set out in the "CPE"
segment of the Registration Form and/or any other equipment obtained, installed
and maintained by the Customer to facilitate access to the Service. Such Customer's
Equipment must be of a type approved by regulatory authority or any other relevant
or authorised entity in Malaysia.
"Customer's Premise" means the address specified in the
Registration Form overleaf on, under or through which the Maxis Connections Equipment
is to be placed and/or where the Service will be provided and used.
"Maxis Equipment" means software, hardware, conduits,
trunkings, cables and other equipment, provided by MAXIS from time to time for the
Customer to use the Service.
"Registration Form" means the Customer's duly completed
application for registration to subscribe for the Service, the form and content of
which are set out overleaf and forms part of these Terms and Conditions.
"Personal Information" means information
collected by MAXIS from a Customer, which identifies the Customer.
"Service" means the telecommunications services to be
provided to the Customer pursuant to the Agreement and any promotional, supplemental
or additional services as may be stated in the Registration Form or Addendum.
"SKMM" means the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM),
also known as Malaysian Communications and Multimedia Commission, established under
the Malaysian Communications and Multimedia Commission Act 1998 (CMA 1998).
|
| |
|
| 1.2 |
Unless the context indicates otherwise:-
- References to a person include the person's executors,
successors and assigns;
- The single includes the plural and vice
versa;
- References to the masculine gender include the feminine;
- Headings
are included for convenience only and do not affect the meaning
of these terms and conditions;
- A reference to a clause means a clause in
these terms and conditions; and
- References to a natural person
include any company, partnership, joint venture, association,
corporation or other body and any governmental agency.
|
| |
|
| 2. |
DURATION OF AGREEMENT |
| |
|
| 2.1 |
The Agreement between the Customer and MMSSB shall be in force from
the date the Customer’s Registration Form for Services is approved by MAXIS, which is signified
by availability of the Services to the Customer. Approval of the Customer’s application for
Services shall be at MAXIS’ absolute discretion and shall be in force unless terminated in
accordance with the Agreement. |
| |
|
| 2.2 |
Approval by MAXIS of the Customer’s application for one Service does not
necessarily imply approval of nor oblige MAXIS to accept the Customer’s application for registration
for other types of Services comprising the Services applied for. Approval by MAXIS of Customer’s
application for registration for the other services comprising the Services is at MAXIS’ absolute discretion |
| |
|
| 3. |
BILLING AND PAYMENT |
| |
|
| 3.1 |
Upon submission and acceptance of the Registration Form by MAXIS,
MAXIS may require the Customer to make a security deposit or provide some other form of
security and pay all or some of the charges for the Service in advance (as mentioned in t
he Registration Form overleaf). Any refundable deposit paid shall be maintained by MAXIS
at such sums as specified by MAXIS for so long as the Customer subscribes to the Service. |
| |
|
| 3.2 |
The Customer shall receive an annual rebate of five percent (2.5%) of the
deposit paid, which shall be credited to the Customer's bill at the end of each year.
The balance of the refundable deposit shall be held to the Customer's credit and repaid
to the Customer free of interest after the termination of the Agreement; and subject to
the deduction of any amounts due to MAXIS from the Customer for the Service or other services
offered by MAXIS or its related companies. MAXIS reserves the right to deduct from the refundable
deposit any amount due and payable to MAXIS at any time and may request the Customer to make a
further refundable deposit payment towards maintaining the refundable deposit at the level
determined by MAXIS. |
| |
|
| 3.3 |
The Customer shall be billed monthly on dates to be determined by MAXIS and
shall pay at the times stipulated in such bill all charges for the Service without any set-off,
counter claim or deduction. Payment shall be made irrespective of whether such charges were
authorised by the Customer, had exceeded the Customer's credit limit or had arisen from any
other causes whatsoever. |
| |
|
| 3.4 |
MAXIS will endeavour to bill charges for the billing period on the Customer's
current bill. Where this is not possible MAXIS reserves the right to include charges on the Customer's
current bill for a previous billing period. |
| |
|
| 3.5 |
The Customer shall continue to be liable for the monthly recurring charges,
usage charges incurred during the period of interruption, suspension or loss of a Service from
any cause whatsoever during the period of interruption, suspension or loss of a Service from
any cause whatsoever. |
| |
|
| 3.6 |
The Customer has 14 days from the date of the official bill statement to notify MAXIS
in writing of any valid disputes or errors arising from the official bill statement, failing which the
Customer will be deemed to have accepted the official bill statement rendered for any period as correct
and final and the invoiced amount shall be due and payable on the bill due date. |
| |
|
| 3.7 |
Notwithstanding any dispute, all invoiced amounts shall be paid on the invoice due date
pending the outcome of the dispute settlement. If, following the dispute settlement, it is established that the
charges on any invoice are incorrect MAXIS shall credit any overpayment to the Customer’s account in the
subsequent month bill or provide the Customer a refund of such overpayment if the Services have been
terminated. |
| |
|
| 3.8 |
In the event of any fees or charges remaining unpaid after becoming due,
MAXIS may charge interest at the rate of 1.5% per month (such rate to be applicable before and after
judgment) on such overdue amounts, calculated on a daily basis commencing from the date after the due date
for payment up to, and including the date of payment or RM10.00 per month whichever shall be the higher
and the Customer shall continue to be liable to pay such amounts, including any accrued interest.
MAXIS may also, at its sole discretion, waive any late payment charges or interest on any overdue amount. |
| |
|
| 3.9 |
If the Service is used to access a service provided by another person
(e.g. a service provider), or the provision of the Services at the Customer Premises requires payment
of an access fee to the building management, the Customer shall pay directly such access fees to that
person or management for that service. |
| |
|
| 3.10 |
Unless proved otherwise, in any proceedings between MAXIS and the Customer,
any certificate by MAXIS as to the amounts being due and owing to MAXIS from the Customer in
connection with the Service shall be conclusive evidence that such amounts are due and owing and
payable by the Customer to MAXIS.
|
| |
|
| 3.11 |
The Customer shall bear all stamp duty, service tax charges and any other costs
or charges imposed by law in connection with the Service or Agreement. |
| |
|
| 3.12 |
The Customer agrees to bear all legal costs and expenses incurred by MMSSB in recovering
any moneys, charges, costs, and expenses payable by the Customer under the Agreement, and the Customer also
agrees to indemnify MMSSB against all costs, expenses and charges or legal fees incurred by MMSSB in enforcing
the Agreement or in bringing any action or proceeding to recover all charges, costs and expenses payable
by the Customer. |
| |
|
| 4. |
CUSTOMER'S RESPONSIBILITIES |
| |
|
| 4.1 |
The Customer shall promptly pay all amounts due to MAXIS as reflected in the
official bill statement and for all charges whatsoever occasioned by the use of the Service irrespective
of whether such charges were authorised by the Customer, had exceeded the Customer's credit limit or had
arisen from any other causes whatsoever. |
| |
|
| 4.2 |
The Customer agrees to pay the legal fees (on a solicitor and client basis)
and other expenses incurred by MAXIS in the enforcement of its rights and entitlement under the Agreement. |
| |
|
| 4.3 |
The Customer hereby grants to and whenever necessary shall procure the necessary
permission or licenses for MAXIS or its authorised agents, at all reasonable times to enter upon the
Customer's Premise to install, inspect, maintain, repair or remove the MAXIS Equipment and/or the
Service or to disconnect the Service. If the Customer resides at multilevel dwellings, which are
privately managed, the Customer shall arrange with the building management to provide MAXIS access
to the common property, the telecommunications equipment room, telephone/cable riser and from the
riser to the Customer's Premise. |
| |
|
| 4.4 |
Whenever requested by MAXIS, the Customer shall provide MAXIS, at no cost,
with an appropriate space at the Customer's Premise in accordance with MAXIS' requirements for
the placement and storage of the MAXIS Equipment. The Customer shall also provide adequate power
points and fuses (as approved by Tenaga Nasional Berhad). |
| |
|
| 4.5 |
In the event the accommodations, foundations or environment provided by the
Customer including trunkings, conduits and cables do not meet MAXIS' installation standards,
MAXIS may inform the Customer of the same. MAXIS may require on the request of the Customer with
the consent of the Customer (which consent shall not be unreasonably withheld) rectify such
accommodations, foundations or environment at the Customer's expense. |
| |
|
| 4.6 |
The Customer shall keep the MAXIS Equipment placed at the Customer's Premise
in good condition (fair wear and tear only excepted) and be fully responsible for any loss or damage
to the MAXIS Equipment upon its installation at the Customer's Premise or upon delivery to the Customer,
whichever is the earlier. The Customer shall not tamper, remove, relocate or cause the removal or
relocation of the MAXIS Equipment without MAXIS' prior written permission. |
| |
|
| 4.7 |
The Customer shall be responsible for procuring, installing and maintaining
the Customer's Equipment in order to use and/or receive the Service including without limitation,
paying the relevant license fees to the appropriate authorities. |
| |
|
| 4.8 |
The Customer shall only connect the Customer's Equipment which is type approved
by the appropriate authorities to the Distribution Box. Connection from Customer’s Equipment to
Distribution Box is called Internal Wiring. |
| |
|
| 4.9 |
The Customer shall ensure that the Customer's Equipment is lawfully obtained/used/ possessed,
and that such ownership/usage/possession is not in contravention of any laws or regulations of Malaysia.
Customer shall further ensure that the Customer Equipment is not misused to generate calls fraudulently or
adversely affects the Service or other services provided by MAXIS. |
| |
|
| 4.10 |
Report immediately to MAXIS upon the discovery of any fraud, theft, loss, unauthorised
usage or any other occurrence of unlawful acts in relation to the Service, Maxis equipment provided to gain
access to the Services and its use. In this respect, the Customer agrees to lodge a police report whenever
instructed by MAXIS (if one has not already been lodged) and to give MAXIS a certified copy of such report. |
| |
|
| 5. |
CUSTOMER'S REPRESENTATIONS AND WARRANTIES |
| |
|
| 5.1 |
The Customer represents and warrants to MAXIS
that:-
- It has the full right and power to enter into and perform this Agreement;
- The information provided in the Registration Form is accurate and true;
- The installation address listed in the Registration Form overleaf is a business dwelling and is the
address at which the Customer shall use the Service;
- It either owns the Customer Premises or if it is a tenant, it has obtained permission from the
landlord/owner for MAXIS to make any changes to the Customer Premise, which are necessary for the
installation of the MAXIS Equipment. If the Customer fails to obtain such permission, the Customer
shall indemnify MAXIS from all claims and damages arising from such failure;
- The Customer's Equipment shall be type approved by the appropriate authorities;
- It will ensure the safety of Maxis Equipment and monitor the access and use of the Maxis Equipment
placed in the Customer Premises; and
- It shall immediately inform MAXIS in writing of -
- any change to the information stated in the Registration Form which is inclusive of the
change in address; and
- any damage, loss, tampering or unlawful access or use of the Maxis Equipment.
|
| |
|
| 6. |
MAXIS' RIGHTS |
| |
|
| 6.1 |
MAXIS reserve the right, at any time and from time to time and with notice to the
Customer vary any applicable charges or make any alteration to the Service. MAXIS also reserve the right
to vary, add to or otherwise amend the terms and conditions of this Agreement or any art thereof with notice
to the Customer. The Customer's continued use of the Service after the effective date of any variation,
addition or deletion to the terms and conditions of this Agreement shall, constitute unconditional
acceptance of such variations, additions or deletion by the Customer. If the Customer does not accept
such variation, addition or deletion, the Customer shall be entitled to terminate the Agreement by
giving written notice to MAXIS. |
| |
|
| 6.2 |
MAXIS may, at its absolute discretion and at any time without notice nor assigning
reason thereof, set-off, consolidate or combine accounts or transfer any monies standing to the credit
of the Customer's account with MAXIS or its holding, and/or any of its subsidiary or related companies
(as defined in the Companies Act. 1965) of whatever description towards the reduction or discharge of
any sum due to MAXIS by the Customer for the Service or other services offered by MAXIS or its related
companies. |
| |
|
| 6.3 |
Use of the Service is subject to the Customer's credit limit. Upon the Customer's
request and/or when MAXIS deems fit, the credit limit may be varied or increased subject to further terms
and conditions as MAXIS deems fit. No representation whatsoever is made by MAXIS that automatic suspension
or barring of the Service will occur upon the call charges reaching the Customer's credit limit. |
| |
|
| 6.4 |
Customer hereby agreed that MAXIS reserves the absolute right to at any time to classify
the Service subscribed by the Customer as business or residential depending on the purpose of Service usage
and location where the Service is to be provided or installed and charge the Customer accordingly. |
| |
|
| 7. |
LIMITATION OF MAXIS LIABILITY |
| |
|
| 7.1 |
MAXIS shall not be liable to the Customer, or any third party unauthorised by or
claiming through the Customer for any loss or damage, whether direct or indirect, special or consequential
or loss of business, revenue, profits or savings, wasted expense, loss of data or costs of substitute
services of any nature whatsoever suffered by the Customer or any person authorised by the Customer or
any injury caused to or suffered by a person or property arising from or occasioned by: -
- Any malfunction or defect in the MAXIS Equipment or the Service; or
- The connection of any equipment to the MAXIS Equipment; or
- Any installation works carried out by MAXIS; or
- dThe use of the MAXIS Equipment or the operation, installation, maintenance, repair, alteration,
inspection, testing or removal of the MC;
- Any claim for libel, slander, infringement of copyright arising from the transmission and receipt
of material in connection with the Service and any claims arising out of any act or omission of the
Customer and such third party in relation to the Service; or
- Any loss (whether of profit or otherwise) or damage caused to the Customer as a result of the
suspension or termination of the Agreement or suspension, interruption or loss of the Service
including poor quality of reception, howsoever caused, or as a result of any changes to the
Service or these Terms and Conditions; or
- Any delay in providing the Service by the Customer by the date requested by the Customer and
any delay in activating the Service.
|
| |
|
| 8. |
INDEMNITY |
| |
|
| 8.1 |
The Customer hereby agrees to indemnify and hold MAXIS harmless from and against any
and all loss, damage, liability or expense arising from any claims for libel, invasion of privacy,
infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation
whatsoever arising from or attributable to any material transmitted, received or stored via the Service
and from all claims arising out of any act or omission of the Customer or any unauthorised use or
exploitation of the Service. |
| |
|
| 8.2 |
The Customer shall indemnify MAXIS in respect of any action, claims, costs, damages,
demands, expenses, losses, payments, penalties and liabilities made against, suffered or incurred by MAXIS
arising directly or indirectly from or in connection with -
- any failure by the Customer to comply with any of the provisions of this Agreement, or
- breach of any representations and warranties made by the Customer above, or
- any damage to property (including third party property) or personal injury (including death),
arising from the MAXIS Equipment which is attributable in any way to the act or omission of the Customer,
its servants, agents or employees, or
- any damage to the MAXIS Equipment or any part thereof which is attributable in any way to the
act or omission of the Customer, its servants, agents or employees, or
- any claims being made or defence raised against MAXIS in respect of any or alleged act omission,
misrepresentation or breach of contract by the Customer.
|
| |
|
| 9. |
DISCLAIMER |
| |
|
| 9.1 |
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND MAXIS MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICE
INCLUDING WITHOUT LIMITATION TO AVAILABILITY, ACCESSIBILITY, TIMELINESS AND UNINTERRUPTED USE OF
THE SERVICE; AND
SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED
USING THE SERVICE.
|
| |
|
| 10. |
PERSONAL INFORMATION |
| |
|
| 10.1 |
The Customer hereby acknowledges that he is aware his Personal Information will
be used and/or disclosed for the purposes set out in Clauses 10.2 and 10.3 below. |
| |
|
| 10.2 |
The Customer hereby expressly consents that MAXIS may use his Personal Information
for any purpose, which is necessary or related to MAXIS' provision of the Service to the Customer.
In this respect, the Customer also expressly consents that MAXIS may disclose his Personal Information
to MAXIS' agents, contractors, business partners, associates or such other parties as are necessary to
facilitate the provision of the Service by MAXIS to the Customer. |
| |
|
| 10.3 |
In addition and without derogation to Clause 10.2 above, the Customer
further expressly consents that MAXIS may use and/or disclose his Personal Information as follows: -
- To MAXIS' shareholders, related and affiliated companies for purposes of providing any
goods or services to the Customer;
- To MAXIS' agents, contractors, business partners or associates for purposes of marketing
programmes or providing any goods or services to its Customers;
- To payment channels including without limitation, financial institutions for purposes
of maintaining financial records, assessing or verifying credit and facilitating payments
of any amount due to MAXIS pursuant to the Agreement;
- To regulatory bodies or other authorities in compliance with requirements under law or
towards the detection or prevention of crime and/or fraud;
- To any party involved in or related to a legal proceeding for purposes in connection
with the legal proceedings; and
- To other service providers or to parties nominated by MAXIS either solely or jointly with
other service providers, for purposes of establishing and maintaining a common database of customers.
|
| |
|
| 10.4 |
Save in accordance with Clauses 10.2 and 10.3 above and except as permitted or
required under any enactment, law, statute or code, MAXIS will not use or disclose the
Customer's Personal Information. |
| |
|
| 10.5 |
The Customer hereby acknowledges his awareness that failure to provide information
to MAXIS as required in the Agreement including the Registration Form or any Addendum, may result in his
application for Service being rejected, the Service or Agreement being terminated and/or correspondence
from MAXIS including without limitation, bill statements failing to reach the Customer. |
| |
|
| 11. |
USE OF THE SERVICE |
| |
|
| 11.1 |
The Customer shall be liable to MAXIS for use of the Service whether or not
the Customer authorised the particular use of that Service by another person. The Customer shall
indemnify MAXIS against any loss, damage or claims arising from the use of the Service including
without limitation, loss, damage or claims for transmitted, stored or receipt of material which
is illegal, defamatory, an invasion of privacy or in breach of copyright or any intellectual
property rights. |
| |
|
| 11.2 |
A person who occupies the Customer's Premises or continues to occupy Customer's
Premises after the Customer has vacated those Customer's Premises and uses a Service or allows another
person to use that Service becomes jointly and severally liable with the Customer for all charges in
relation to that Service. |
| |
|
| 11.3 |
If the Customer's use of a Service interferes, or threatens to interfere with
the efficiency of MAXIS' network or the Service by MAXIS' customers, the Customer shall comply
with MAXIS' directions on how to end or avoid that interference. |
| |
|
| 12. |
EQUIPMENT |
| |
|
| 12.1 |
If a particular Service requires the installation, inspection, testing or maintenance
of the MAXIS Equipment on the Customer's Premises, the Customer allows MAXIS to have access to the Premises;
and MAXIS to install, inspect, test or maintain the MAXIS Equipment on the Customer's Premises. If the Customer
does not own the Customer's Premises, it must have the owner's permission and the Customer warrants to MAXIS
that it has the permission. The Customer shall indemnify MAXIS against any claims by the owner or occupier of
the Customer's Premises in relation to MAXIS' entry onto the Customer's Premises or MAXIS' installation of
the MAXIS Equipment. |
| |
|
| 12.2 |
The Customer shall be responsible for the MAXIS Equipment located at the Customer's Premise.
The Customer shall indemnify MAXIS against any loss or damage to the MAXIS Equipment caused by any negligent,
act or omission of the Customer, its personnel or agents or contractors unless it is due to fair wear and tear. |
| |
|
| 12.3 |
The Customer shall be responsible for obtaining, installing and maintaining the
Customer's Equipment to enable access to the Service and warrants that the Customer's Equipment shall
be of the type approved by the relevant authorities. |
| |
|
| 12.4 |
If the Customer's Equipment causes a fault in the operation of a Service,
the Customer shall, if requested by MAXIS, pay MAXIS for a call-out charge and the costs of the restoration
of the Service. |
| |
|
| 12.5 |
The Customer shall not remove or allow others to remove the Customer's Equipment once the
MAXIS Equipment is connected to the Customer's Equipment nor shall the Customer at any time perform any joining
or splicing or connect any other line or equipment as an electrical connection, or remove any mark, word
or number without prior written consent of MAXIS. If consent is given, the Customer may request MAXIS at a
mutually agreed fee to disconnect or reconnect the Customer's Equipment from or to the MAXIS Equipment.
In the event that the removal and relocation of the Customer's Equipment requires the removal or relocation
of MAXIS Equipment, such removal or relocation of MAXIS Connections Equipment shall be undertaken by MAXIS
at the Customer's costs. The Customer shall indemnify MAXIS for all costs and expenses incurred by MAXIS as
a result of any breach of this Clause. |
| |
|
| 13. |
VACATION OF PREMISES |
| |
|
| 13.1 |
The Customer shall inform MAXIS by giving MAXIS thirty (30) days prior written notice
of its intention to vacate or relocate itself from the Customer's Premise where any part of the MAXIS Equipment
is installed. MAXIS may at any time within that period remove and retain the MAXIS Equipment for safekeeping
without affecting the Customer's liability.
Upon such removal by MAXIS and subject to mutual agreement of the Customer and MAXIS, MAXIS may either
relocate the MAXIS Equipment to such other premises of the Customer's at the Customer's cost in order
to continue to provide the Service OR discontinue the Service in accordance with these
terms and conditions. |
| |
|
| 14. |
NUMBERING |
| |
|
| 14.1 |
MAXIS may allocate a number to the Service and vary that number in accordance
with any national regulatory policy on numbering. |
| |
|
| 14.2 |
If a personal identification number is used in relation to a Service,
the Customer shall protect the security of that personal identification number and shall be
liable for any unauthorised use of it. |
| |
|
| 14.3 |
The Customer shall not transfer/assign the telephone numbers and personal
identification numbers provided to another user without MAXIS' prior written consent. |
| |
|
| 14.4 |
The Customer has and can claim no legal interest or goodwill in any number
or personal identification number issued by MAXIS. |
| |
|
| 15. |
TERMINATION |
| |
|
| 15.1 |
Notwithstanding MAXIS’ right to terminate this Agreement or any part thereof expressly
agreed in the terms of this Agreement. Maxis shall have the option to terminate the Services with 30 days
notice to the Customer without having to give any reason whatsoever. |
| |
|
| 15.2 |
The Customer may terminate the Service or any part thereof by giving MAXIS
thirty (30) days prior notice in writing. However, if the Customer terminates the Services on or within
30 days from the installation of the Services, the Customer agrees to pay Maxis for cost incurred to
install the Service, which cost will be recovered as a debt due to Maxis. |
| |
|
| 15.3 |
MAXIS shall be entitled at its absolute discretion to immediately suspend/terminate
the Services or Agreement, without liability, at any time, with notice where reasonable possible or without
any notice including but not limited to the following reasons:
- if any technical failure occurs in the Services or the Related Corporations’ network;
- while the Services are being upgraded, modified or maintained;
- if the Customer breaches any of the terms and conditions of the Agreement and or supplements;
- if the Customer does anything which may in MAXIS’ opinion, lead to, including but not limited to,
the damage or loss to MAXIS and/or the Related Corporations network or reputation;
- if MAXIS is required to do so by law, statute, enactment, code or by any relevant authorities;
- if it is in MAXIS’s opinion that the Services or the Related Corporations network is or may be
used fraudulently, illegally or for unlawful purposes; and
- if Customer fails to make payment for Services provided on the due dates for two consecutive months
or the credit period agreed and the Customer fails to make payments upon notice from MAXIS.
MAXIS will endeavour to resume the Services as soon as possible if suspension or disconnection occurs for
the reasons set out in Clause 15.3(a) and (b) above. However if the suspension is implemented as a consequence
of the breach, act or omission of the Customer then Customer shall rectify such breach within the timelines
provided by MAXIS. Services will be restored at MAXIS discretion subject to Customer paying the applicable
recommencement fee and all sums owing by the Customer to MAXIS. The Customer shall be liable for all
applicable charges during the period of interruption, suspension or loss of the Services or part thereof from
any cause whatsoever. In the event the period of suspension continues for more than thirty (30) days,
Parties shall the right to immediately terminate this Agreement in which event the provisions
of Clauses 15.4, 15.5 and 15.6 shall apply.
|
| |
|
| 15.4 |
Upon termination of the Service or part thereof or this Agreement for any reason
whatsoever the Customer shall return the MAXIS Equipment in good order and condition (fair, wear and tear
only excepted) to MAXIS. Notwithstanding the foregoing, MAXIS reserves the right to enter into the Customer's
Premise in order to remove the MAXIS Equipment related to that part of the Service so terminated. Such removal
by MAXIS shall be undertaken at the Customer's cost if termination is pursuant to the Customer's breach of any
term of this Agreement including without limitation, failure by the Customer to return the MAXIS Equipment to
MAXIS or if the Maxis Equipment has been relocated by the Customer.
|
| |
|
| 15.5 |
Termination of this Agreement by either the Customer or MAXIS for any reason whatsoever
shall be without prejudice to any other rights or remedies MAXIS/Customer may have against the Customer under
this Agreement or at law in respect of any antecedent breach of any provisions in this Agreement by the Customer.
Without affecting MAXIS' rights under this Agreement or at law, upon termination of the Service or part thereof
or this Agreement for any reason whatsoever, the Customer shall be liable to MAXIS for: -
- The monthly subscription fee for the whole month preceding the termination until the Customer returns
the MAXIS Equipment or until MAXIS collects the MAXIS Equipment (as the case may be);
- Any call charges incurred by the Customer until MAXIS ceases providing the Service; and
- Any other outstanding amounts.
|
| |
|
| 15.6 |
Upon termination of the Service or any part thereof or the Agreement, all monies owing
by the Customer to MAXIS shall become immediately due and payable and the Customer shall upon demand being
made by MAXIS settle all such amounts within the time period stipulated by such demand. |
| |
|
| 16. |
FORCE MAJEURE |
| |
|
| 16.1 |
MAXIS shall not be liable for any breach of this Agreement caused by Act of God,
insurrection of civil disorder, war or military operations, national or local emergency, acts or omission
of Government, highway authorities, or other competent authority, industrial disputes of any kind, fire,
lightning, explosion, flood, subsidence, inclement weather, acts or omission of persons or bodies for whom
MAXIS is not responsible which includes but is not limited to, third party operators whom MAXIS may use in
order to provide the Service, or any other cause whether similar or dissimilar or outside MAXIS'
reasonable control. |
| |
|
| 16.2 |
Upon the happening of a force majeure event, MAXIS may elect to terminate the Agreement
or the Service or any part thereof thereby affected and whereupon Clauses 15.4 and 15.5 shall take effect or
suspend the performance of the Agreement in whole or in part for the duration of the delaying cause
whereupon Clause 16.3 shall take effect. |
| |
|
| 16.3 |
In the event that the Service or any part thereof is suspended pursuant to Clause 16,
the monthly charges payable pursuant to this Agreement shall be suspended for the affected Service or any
part thereof throughout the duration of the delaying cause but the Customer shall continue to be liable
to pay for the monthly charges and all other charges billed for the utilisation of the Service preceding
the effective date of suspension. |
| |
|
| 16.4 |
Notwithstanding anything contained in this Agreement, Customer or MAXIS may elect to
terminate the Service or any part thereof or the Agreement at any time during the said period of
suspension whereupon Clauses 15.4 and 15.5 shall apply. |
| |
|
| 17. |
SEVERABILITY AND EFFECT |
| |
|
| 17.1 |
If any of the provisions in this Agreement should be invalid, illegal or unenforceable
under any applicable law, the legality and enforceability of the remaining provisions shall not be affected
or impaired in any way and such invalid, illegal or unenforceable provisions shall be deemed deleted. |
| |
|
| 17.2 |
The terms and conditions in this Agreement shall have effect only to the extent not
forbidden by law. For the avoidance of doubt, it is hereby agreed and declared in particular, but without
limitation, that nothing herein shall be construed as an attempt to contract out of any provisions of the
Consumer Protection Act 1999, if and where the said Act is applicable. |
| |
|
| 18. |
GOVERNING LAW |
| |
|
| 18.1 |
The Agreement shall be governed by and construed in accordance with the laws of Malaysia,
excluding its conflict of law rules. Parties agree to submit to the exclusive jurisdiction of
the Malaysian courts. |
| |
|
| 19. |
NOTICES |
| |
|
| 19.1 |
Any notice to be given by MAXIS to the Customer under this Agreement shall be
in writing and sent to its last known address. |
| |
|
| 19.2 |
Any notice to be given by the Customer to MAXIS under this Agreement shall be
in writing and sent to Maxis Communications Berhad (158400-V), P. O. Box 13222, 50802 Kuala Lumpur
or to any other address notified by MAXIS from time to time. |
| |
|
| 19.3 |
Any notice given pursuant to this Clause shall be deemed to have been served if: -
- Sent by prepaid registered post, on the second Business Day
after the date of posting,
- Sent by ordinary post, on the fifth Business
Day after the date of posting,
- Hand delivered, upon delivery,
- Sent by facsimile, upon successful
completion of transmission as evidenced by a transmission report
and provided that notice
shall in addition thereon be sent by post to the other party.
|
| |
|
| 20. |
ASSIGNMENT |
| |
|
| 20.1 |
MAXIS may assign all or part of this Agreement by giving the Customer written notice
and the Customer agrees to make all or subsequent payments as instructed in such notice. The Customer shall
not assign their rights or obligations under this Agreement without the prior written consent of MAXIS. |
| |
|
| 21. |
INDULGENCE |
| |
|
| 21.1 |
No delay or indulgence by MAXIS in enforcing any term or condition of this Agreement
nor the granting of time by MAXIS to the Customer shall prejudice the rights or remedies of MAXIS under
this Agreement or at law nor shall any waiver by MAXIS of any breach constitute a continuing waiver in
respect of any subsequent or continuing breach. |
| |
|
| 22. |
MISCELLANEOUS |
| |
|
| 22.1 |
Words importing the singular number shall include the plural number and vice versa.
Words importing the masculine gender include the feminine. |
| |
|
| 22.2 |
An expression importing a natural person includes any company, partnership,
joint venture, association, corporation or other body and any governmental agency. |
| |
|
| 22.3 |
This Agreement shall be binding on the successors in title and permitted
assigns of the Customer and the successors in the title and assigns of MAXIS. |
| |
|
| 22.4 |
In the event of any inconsistency between the terms and conditions of this Agreement,
Addendum or Registration Form, such inconsistency shall be resolved by giving precedence in the following
order: Addendums, this Agreement and the Registration Form. |
| |
|
| 22.5 |
This Agreement contains the entire agreement between the parties and supersedes all prior
oral or written communications. No representation, warranty or promise made by MAXIS' personnel, representative
or agent in connection with the Service, installation, maintenance, repair or removal of the MAXIS Equipment
or charges shall be binding on MAXIS unless it is expressly provided in this Agreement. |
| |
|
| 22.6 |
If more than one party is referred to as the "Customer" their
obligations shall be joint and several. |
| |
|
| 22.7 |
No rule of construction or interpretation shall apply to prejudice the interest of
the party preparing the Agreement. |
| |
|
| 22.8 |
The Customer acknowledges that where MAXIS requires the consent of the Customer to
undertake certain actions, MAXIS may rely upon the authority of any employee of the Customer who warrants
that he is authorised to provide that consent on behalf of the Customer. . |
| |
|
| 22.9 |
If any of the terms and conditions of this Agreement or part of them is void or
unenforceable, it is deemed to be deleted and no longer forms part of the Agreement. The remaining terms
and conditions of this Agreement shall remain in full force and effect. |
| |
|
| 22.10 |
Termination of a Service does not affect the provisions in the terms and conditions
in this Agreement regarding liability and indemnity. |
| |
|
| 22.11 |
The Customer shall immediately inform MAXIS of any change in the particulars
of the Registration Form or the Customer's equipment inventory. |
| |
|
| |
|
