Terms & Conditions

Service Specific Terms & Conditions (“SSTC”) - Maxis Device Contract

Version [15 January 2023]

    1. The Plan: Maxis Device Contract.
    2. You: Person(s) signing up for the Plan.
    3. The Plan shall be eligible to the following participating postpaid plan(s):
      1. Maxis Postpaid 68/98/128/158/188/79/109/139/169/199 Plan (“Maxis Postpaid Plan”); and
      2. Hotlink Postpaid 60/70 Plan (“Hotlink Postpaid Plan”).
      The participating rate plans under each Maxis Postpaid Plan and Hotlink Postpaid Plan may be subject to change from time to time.
    4. By accepting this Plan, you will get to enjoy:
      1. for Maxis Postpaid Plan
        1. one (1) Mobile Device at the price stipulated for the particular device if you subscribe to any Maxis Postpaid Plan;
        2. subject to your eligibility and credit check result, you may sign up for more than one Mobile Device under the Plan; or
      2. for Hotlink Postpaid Plan
        1. One (1) Mobile Device at the price stipulated for the particular device if you subscribe to any Hotlink Postpaid Plan.
        2. subject to your eligibility and credit check result, you may sign up for more than one Mobile Device under the Plan.
      For clarity, “Device” for the purposes of this SSTC refers to the mobile devices that you are eligible to purchase from us under the respective participating Maxis Postpaid Plan and Hotlink Postpaid Plan.
    5. The Plan and use of the Service(s) is subject to the following: -
      1. Maxis Consumer General Terms & Conditions  at https://www.maxis.com.my/en/terms-conditions/general/maxis-consumer/ or Hotlink Consumer General Terms & Conditions at https://www.hotlink.com.my/en/terms-conditions/general/, as the case may be (collectively and individually “GTC”);
      2. This Service Specific Terms & Conditions;
      3. Maxis Fair Usage Policy and any other applicable terms and conditions, all https://www.maxis.com.my/terms-conditions/personal/general/maxis-fair-usage-policy/ and www.maxis.com.my/tnc/personal.
    6. Capitalised terms herein have the same meaning as defined in the GTC.
    7. In the event of any conflict or inconsistency between this SSTC and the GTC, the SSTC shall prevail over the GTC to the extent of such conflict or inconsistency.
    8. We reserve the rights without liability, to revise this SSTC, the GTC, participating rate plans and our pricing. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept you are responsible for regularly reviewing information on the plan(s) and Service(s) at www.maxis.com.my/tnc or https://www.hotlink.com.my/en/terms-conditions/ (as the case may be) including changes to the Agreement. Your continued use of the Service(s), and/or plan(s) (after the Effective Date of any revision/change to the terms and conditions of the Agreement, Services, and/or plan(s)) shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate the Plan(s) and/or the use of the Services by giving us notice within twenty-eight (28) days from the Effective Date failing which you are assumed to have accepted the changes.
    1. A principal line must be registered in your name, and you must maintain an active account under an individual Maxis Postpaid Plan and/or Hotlink Postpaid Plan offered and provided by us.
    2. You are ineligible for this Plan if you have any outstanding payments with us.
    3. This Plan is inapplicable to you if you are a commercial user and/or bulk subscriber.
    1. The availability, Charges and upfront payment of the Device under this Plan are as set out in our website at https://www.maxis.com.my/devices/ and https://store.hotlink.com.my/ respectively. For clarity, upfront payment is neither the Deposit nor Advance Payment, upfront payment is payable by you to us as part of the purchase price of the Device. Rates or Charges displayed do not include all applicable taxes.
    2. You are responsible for payment of all Charges associated with the Plan.
    1. The following deposit amounts (“Deposit”) are chargeable to non-Malaysian who subscribe to any of the Maxis Postpaid Plan or Hotlink Postpaid Plan, as the case maybe:
      1. Maxis Postpaid Plan – RM300
      2. Hotlink Postpaid Plan – RM150
    2. Depending on your credit check result and applicable Minimum Commitment Period, we may collect from you Mobile Device advance payment (“Advance Payment”). If we collect Mobile Device advance payment from you, such advance amount will be refunded to you by way of rebate directly to your monthly bill or such other manner as Maxis deems fit over a period of 6-months, 12-months, 18-months or 24-months, as the case maybe.
    1. The minimum commitment period of the Plan available to you are as follows:
      1. twelve (12) months, for any Hotlink Postpaid Plan and/or Maxis Postpaid Plan, available to selected model of Device(s) offered by Maxis from time to time; and/or
      2. twenty-four (24) months, for any Maxis Postpaid Plan and/or Hotlink Postpaid Plan; and/or
      3. thirty-six (36) months, for Hotlink Postpaid 70 Plan only,
      as the case may be, commencing from the date of registration of the Plan (“Minimum Commitment Period”). Where applicable, with the acceptance of this Plan, any previous device contract you had contracted for with Maxis, shall be deemed terminated as at the date of execution of the Plan and you shall be subject to any early termination charges of such previous contract.
    2. You shall NOT during the Minimum Commitment Period:
      1. terminate your Maxis mobile account or port out to another mobile service provider;
      2. suspend your Maxis mobile account;
      3. have your Maxis mobile account terminated for non-payment of monthly bills;
      4. change the rate plan you had registered for pursuant to the Plan. However, any upgrade of a rate plan by you is allowed with an upgrade fee where applicable; and/or
      5. change or transfer ownership of this Plan and Service(s) to another person.
    3. If any of the events in clause 17 above occurs, you shall pay us an early termination charge as set out in clause 19 below.
    4. Applicable early termination charges are set out below:
      1. For 12 months Minimum Commitment Period:
        You agree that Maxis has the right to impose an early termination charge you are responsible to pay if you terminate your 12-months contract before its expiry. The early termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront Payment) x (Remaining month(s) ÷ 12 months)]. Payment of the early termination charge is payable by you in addition to all monies owing to us up to the time of the early termination.
      2. 24 months Minimum Commitment Period:
        You agree that Maxis has the right to impose an early termination charge you are responsible to pay if you terminate your 24-months contract before its expiry. The early termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront Payment) x (Remaining month(s) ÷ 24 months)]. Payment of the early termination charge is payable by you in addition to all monies owing to us up to the time of early termination.
      3. For 36 months Minimum Commitment Period:
        You agree that Maxis has the right to impose an early termination charge you are responsible to pay if you terminate your 36-months contract before its expiry. The early termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront Payment) x (Remaining month(s) ÷ 36 months)]. Payment of the early termination charge is payable by you in addition to all monies owing to us up to the time of early termination.
    5. You acknowledge and agree we have the rights to block the IMEI of the Device if you are:
      1. suspected of fraud or found to have committed fraud; or
      2. you have reported to us that the Device is missing or has been stolen and have requested us to block the IMEI of the Device; or
      3. after signing up to this Plan, you fail to make full payment of any amount due to us within fourteen (14) days of the statement due date.
    6. You are responsible for any loss, theft or damage to the Mobile Device at all times and shall continue to pay the Charges associated with this Plan for the Commitment Period, notwithstanding that the Mobile Device is lost or damaged.
    1. In the event your Port request to us is still pending from the DNO, and you wish to subscribe to the Plan before successful Porting of your Mobile Number to Maxis, you confirm, agree and understand that:
      1. Mobile Number provided by us will be attached to the Mobile Device purchased under this Plan (“Interim Mobile Number”) with a SIM Card or eSIM (“Maxis’ SIM Card or Maxis’ eSIM”), as the case maybe;
      2. the Plan shall be effective and commence on the date of registration for the Plan and not on the date of which your Port request is successful; and
      3. you shall make and continue to make payment for the Charges associated to the Plan (including the Charges for the Mobile Device purchased) from the date of registration of the Plan regardless of whether your Port request to Maxis is successful.
    2. In the event your Port request is successful within thirty (30) days from the date of registration of the Plan, you confirm and agree that:
      1. we will swap or switch the Interim Mobile Number to your Mobile Number provided by the Donor (“Your Mobile Number”) at our end. In this case, Service to the Interim Mobile Number will be deactivated. You must make request to us separately if you wish to retain the Interim Mobile Number which such request is subject to registration on any Maxis’ mobile plan and strictly subject to availability; and
      2. we will notify you of the successful Port-in and Service of Your Mobile Number will be available on the Maxis’ SIM Card or Maxis’ eSIM and you may discard your previous SIM provided by the DNO.
    3. In the event your Port request is not successful after thirty (30) days from the date of registration of the Plan or where your Port request failed, is rejected by the DNO or unsuccessful, for whatsoever reasons, you confirm and agree that:
      1. we shall not be liable or responsible to you or any third party 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 you, or any other person, or any injury caused to or suffered by a person or damage to property;
      2. the Interim Mobile Number shall automatically become your new Maxis Mobile Number line without notice from us;
      3. you shall remain responsible and liable for the Charges (including the Charges for the mobile device purchased) associated with the Plan; and
      4. if you decide to terminate the Plan before the expiration of the Minimum Commitment Period, you shall pay us the early termination charges as set out in clause 19 above.
    4. For the avoidance of doubt, should this section applies to you, clause 12 of the GTC (save for clause 12.8) shall be applicable to you.
    1. We will not be responsible for replacing your Mobile Device or any part thereof that is lost, stolen, damaged or defective. You shall be responsible for the repair and maintenance of your Mobile Device. Should a defect or fault fall within the ambit of manufacturer’s warranty, repairs shall be subject to the applicable warranty issued by the device manufacturer. You accept and acknowledge that the Mobile Device is subject to the device manufacturer’s standard warranty and we shall not be responsible and/or liable for any Mobile Device purchased from us and/or for any loss and/or damage whatsoever suffered by you and/or any other party.
    1. The Plan cannot be exchanged for cash and the Mobile Device is not returnable upon acceptance of this SSTC.
    2. We reserve the rights to rescind any of the privileges of your rate plan in the event your line/account registered for this Plan is not used with the Mobile Device purchased.
    3. Your device advance payment will be rebated into your bill based on your Plan. Your service line must be active for you to be able to receive the device advance payment refund. Where your line is suspended, terminated or barred, you will not be entitled to receive the said refund for device advance payment.
    1. Maxis Network Exclusive Device refers to certain Mobile Devices which will be locked and can be used with Maxis SIM Card only within the Plan’s Minimum Commitment Period, to protect you from fraud and reduce theft. From 15 January 2024, any iPhone 13/14 (128GB) or such other Mobile Devices model as may be notified by Maxis from time to time and purchased from us or from third party authorised by us under the Plan and activated on Maxis SIM Card is locked to Maxis automatically, and the following terms will apply : -
      1. Upon the activation of the Plan, the Mobile Device will be locked to Maxis’ network for a period of twelve (12) months (“Lock Period”). During the Lock Period, you will not be able to connect your Mobile Device to another operators’ or carrier’s network (locally as well as overseas)
      2. After the end of the Lock Period, we will automatically remove the lock in which you will be able to use other operator’s SIM Card (locally as well as overseas) on your Mobile Device, unless the Mobile Device is deemed stolen or we suspect fraudulent purchase of the Mobile Device,
      3. If you intend to use other operator’s SIM Card on your Mobile Device at any point of time within the Lock Period, you may do so by terminating the contract under this Plan and in such a case, the early termination charges (clause 19) shall apply.
    2. For clarity, you may use the Mobile Devices that are locked to Maxis Sim Card for roaming on overseas network when travelling abroad by subscribing to Maxis roaming passes.
    1. Subject to our GTC, a principal line holder may at any time terminate the Plan and/or plan(s) as follows:
      1. by calling our customer care line at 1-800-82-1123 or dial 123 from your mobile;
      2. by walking into our Maxis Centres listed on www.maxis.com.my; or
      3. by writing in to customercare@maxis.com.my
    1. A minimum of three (3) months waiting period is applicable to you for this Plan if you are an existing customer of Maxis eligible to take up more than one (1) Mobile Device under this Plan under the same Malaysian identity card number or passport number. Each Plan must be three (3) months apart.