| Fixed
Line: Terms & Conditions |
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| 1. |
DEFINITIONS |
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| 1.1 |
These are the definitions assigned to the following:
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"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 individual, sole-proprietorship,
partnership, company or entity specified in the Registration Form
overleaf and whose application
for the Service 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 SIRIM or any other relevant or authorised entity.
"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 where the Service will be used.
"Maxis Equipment" means 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 setout 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. |
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| 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.
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| 2. |
DURATION OF AGREEMENT |
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| 2.1 |
The Agreement commences on the date the Customer's
application for the Service is accepted and activated by MAXIS and
continues until terminated according to the Agreement. Acceptance
of the Customer's application for the Service shall be at MAXIS'
absolute discretion. |
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| 3. |
BILLING AND PAYMENT |
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| 3.1 |
MAXIS may at any time and upon submission of the
Registration Form and acceptance by MAXIS, 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. Any refundable
deposit shall be maintained by MAXIS at such sums as specified by
MAXIS for so long as the Customer subscribes to the Service. |
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| 3.2 |
The Customer shall receive an annual rebate of
five percent (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. |
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| 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. |
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| 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. |
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| 3.5 |
The Customer shall continue to be liable for any
charges and fees during the period of interruption, suspension or
loss of a Service from any cause whatsoever. |
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| 3.6 |
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 judgement) 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. |
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| 3.7 |
If a Service is used to access a service provided
by another person (e.g. a service provider), the Customer shall pay
directly to that person for that service. |
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| 3.8 |
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. |
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| 3.9 |
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. |
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| 3.10 |
Notwithstanding any law to the contrary, any
proceedings by the Customer for relief on the basis that:
- Charges on a MAXIS bill for the Service are allegedly
incorrect on any basis whatsoever, can only be brought if filed
within 12
months of the due date for payment of that bill; or
- The Customer
should have received a refund of any alleged overpayment, can
only be brought if filed within 12 months of the
date of the alleged overpayment.
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| 3.11 |
If the Customer breaches this Agreement it shall
be liable to MAXIS and shall indemnify MAXIS for its costs (including
all legal costs) in exercising its rights in relation to the breach. |
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| 4. |
CUSTOMER'S RESPONSIBILITIES |
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| 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. |
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| 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. |
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| 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. |
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| 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). |
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| 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 rectify
such accommodations, foundations or environment at the Customer's
expense. |
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| 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 installation at the Customer's Premise or upon
delivery to the Customer, whichever is the earlier. The Customer
shall not remove, relocate or cause the removal or relocation of
the MAXIS Equipment without MAXIS' prior written permission. |
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| 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. |
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| 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. |
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| 4.9 |
The Customer shall ensure that the Customer's
Equipment does not function in a manner, which causes disturbance,
interference or disruption to or misused to generate call fraudulently
or adversely affects the Service or other services provided by MAXIS. |
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| 5. |
CUSTOMER'S REPRESENTATIONS AND WARRANTIES |
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| 5.1 |
The Customer represents and warrants to MAXIS
that: -
- It has the full right and power to enter into and perform this
Agreement;
- It is eighteen (18) years of age or older (if Customer
is an individual);
- The information provided in the Registration
Form is accurate and true;
- The installation address listed in
the Registration Form overleaf is a residential dwelling and
is the address at which
the Customer
shall use the Service;
- It either owns the residence 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 shall immediately
inform MAXIS in writing of any change to the information stated
in the Registration Form.
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| 6. |
MAXIS' RIGHTS |
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| 6.1 |
MAXIS reserves the right, at any time and from
time to time and without prior notice to the Customer to
- vary any applicable charges for the Service; or
- make any alteration
to the Service. MAXIS also reserves the right to vary, add or delete
any of these Terms and Conditions contained in this Agreement
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 the 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. |
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| 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. |
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| 6.3 |
MAXIS reserves the right, at its absolute discretion
and at any time without notice nor assigning reason thereof, suspend
the Service or any part thereof or the Agreement for any reason whatsoever
including without limitation, non-payment for other services offered
by MAXIS or its related companies, and MAXIS shall not be liable
for any loss or damage or inconvenience whatsoever suffered by the
Customer resulting therefrom. Where the suspension is implemented
as a consequence of the breach, act or omission of the Customer,
the Customer shall pay MAXIS a fee for the implementation of such
suspension and/or recommencement of the provision of the
Service, as the case may be. In such event, all sums owing by the Customer to
MAXIS shall be paid to MAXIS prior to any recommencement of the Service. In the
event the period of suspension continues for more than thirty (30) days, MAXIS
reserves the right to immediately terminate this Agreement in which event the
provisions of Clauses 15.4 and 15.5 shall apply. |
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| 6.4 |
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. |
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| 6.5 |
Customer hereby agreed that MAXIS reserves the
absolute right to at any time classify the Service subscribed by
the Customer as business or residential depending the purpose and
location where the Service is to be provided or installed and charge
the Customer accordingly. |
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| 7. |
LIMITATION OF MAXIS LIABILITY |
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| 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
- The 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.
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| 8. |
INDEMNITY |
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| 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. |
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| 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.
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| 9. |
DISCLAIMER |
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| 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.
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| 10. |
PERSONAL INFORMATION |
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| 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. |
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| 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. |
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| 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.
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| 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. |
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| 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. |
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| 11. |
USE OF THE SERVICE |
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| 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. |
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| 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. |
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| 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. |
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| 12. |
EQUIPMENT |
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| 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.
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| 12.2 |
The Customer shall be responsible for the MAXIS
Equipment located at the Customer's Premise. The Customer indemnifies
MAXIS against any loss or damage to the MAXIS Equipment unless it
is due to fair wear and tear. |
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| 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. |
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| 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. |
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| 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. |
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| 13. |
VACATION OF PREMISES |
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| 13.1 |
The Customer shall inform MAXIS by giving MAXIS
thirty (30) days prior written notice of its intention to vacate
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. |
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| 14. |
NUMBERING |
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| 14.1 |
MAXIS may allocate a number to the Service and
vary that number in accordance with any national regulatory policy
on numbering. |
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| 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. |
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| 14.3 |
The Customer shall not transfer telephone numbers
and personal identification numbers to another user without MAXIS'
prior written consent. |
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| 14.4 |
The Customer has and can claim no legal interest
or goodwill in any number or personal identification number issued
by MAXIS. |
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| 15. |
TERMINATION |
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| 15.1 |
MAXIS may by written notice and without prejudice
to any other rights, claims or action it may have against the Customer
under this Agreement or at law immediately discontinue the Service
or part thereof or terminate this Agreement without having to give
any reason whatsoever. |
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| 15.2 |
The Customer may terminate the Service or any
part thereof by giving MAXIS thirty (30) days prior notice in writing. |
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| 15.3 |
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. |
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| 15.4 |
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 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.
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| 15.5 |
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. |
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| 16. |
FORCE MAJEURE |
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| 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. |
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| 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. |
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| 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. |
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| 16.4 |
Notwithstanding anything contained in this Agreement,
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. |
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| 17. |
SEVERABILITY AND EFFECT OF TERMS AND CONDITIONS |
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| 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. |
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| 17.2 |
The Terms and Conditions contained in the 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. |
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| 18. |
GOVERNING LAW |
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| 18.1 |
This Agreement shall be governed by the laws of
Malaysia. |
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| 18.2 |
The Customer irrevocably submits to the jurisdiction
of the courts in Malaysia at such venue as designated by MAXIS and
waives any objection to the proceedings in such courts. |
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| 19. |
NOTICES |
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| 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. |
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| 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. |
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| 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.
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| 20. |
ASSIGNMENT |
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| 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. |
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| 21. |
INDULGENCE |
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| 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. |
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| 22. |
MISCELLANEOUS |
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| 22.1 |
The Customer shall bear all stamp duty, service
tax charges and any other costs or charges imposed by law in connection
with the preparation of the Agreement and/or the provision of the
Service. |
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| 22.2 |
Words importing the singular number shall include
the plural number and vice versa. Words importing the masculine gender
include the feminine. |
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| 22.3 |
An expression importing a natural person includes
any company, partnership, joint venture, association, corporation
or other body and any governmental agency. |
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| 22.4 |
This Agreement shall be binding on the heirs,
executors, administrators, personal representatives, successors in
title and permitted assigns of the Customer and the successors in
the title and assigns of MAXIS. |
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| 22.5 |
In the event of any inconsistency between these
Terms and Conditions, Addendum or Registration Form, such inconsistency
shall be resolved by giving precedence in the following order: Addendums,
these Terms and Conditions and the Registration Form. |
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| 22.6 |
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. |
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| 22.7 |
If more than one party is referred to as the "Customer" their
obligations shall be joint and several. |
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| 22.8 |
No rule of construction or interpretation shall
apply to prejudice the interest of the party preparing the Agreement. |
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| 22.9 |
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. |
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| 22.10 |
If any of these terms and conditions 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
remain in full force and effect. |
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| 22.11 |
Termination of a Service does not affect the provisions
in these terms and conditions regarding liability and indemnity. |
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| 22.12 |
The Customer shall immediately inform MAXIS of
any change in the particulars of the Registration Form or the Customer's
equipment inventory. |
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