Version [5th Dec 2018]
- The Product & Service(s): comprises of MaxisOne Home Fibre Broadband
- You: Person(s) signing up for the Product.
- The Product and use of the Service(s) is subject to the General Terms & Conditions (“GTC”), Service Specific Terms & Conditions (“SSTC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all at www.maxis.com.my/FUP and www.maxis.com.my/tnc/personal
- Capitalised terms herein have the same meaning as defined in the GTC.
- Any conflict or inconsistency between this SSTC, the GTC and Summary Terms and Conditions (“STC”), shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
- We reserve the rights without liability, to revise this SSTC, Product 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give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded.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 Product, plan(s) and Service(s) at www.maxis.com.my/tnc/personal), including changes to the Agreement. Your continued use of the Service(s), Product and/or plan(s) (after the Effective Date of any revision/change to the terms and conditions of 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 are entitled to terminate the plan(s) and/or the use of the Services by giving us notice within 28 days from the Effective Date failing which you are assumed to have accepted the changes.
Availability of Service(s)
- The Product & Service(s) is only available in certain coverage areas. Call 123 (from your mobile),1800 82 1123 or log onto www.maxis.com.my/fibre to check if you are within the coverage area.
- We will endeavor to call you within 7 days of your application for the Product & Service(s) to inform you of acceptance or rejection of your application. Provision of the Product & Service(s) is at our sole discretion.
- You are ineligible for the Product & Service(s) if you have any outstanding payments with us.
- This Product & Service is inapplicable to you if you are a commercial user and/or bulk subscriber.
- The provision of Service(s) is contingent on your installation address (“Premises”) being-fibre ready and having a termination point within the Premises. In the instance your Premises is fibre-ready and has a termination point, but there are other issues arising (including but not limited to fibre port(s)), we will endeavour to assist in solving said issue. We shall not be held liable for such other issues.
- The applicable Charges and rate table guide for the Product & Service(s) is as set out on our official website at www.maxis.com.my/fibre. Charges displayed do not include applicable taxes.
Minimum Period and Duration of Services
- The Service(s) commences on the date of successful onsite installation of the Equipment at your premises or such other date as stated in the Registration Form or as approved by us in writing and is for a minimum contract period of 24 months. A RM500 termination charge applies where you terminate the Service(s) before the end of the 24 months. After the 24 months, Service(s) shall continue until terminated in accordance with this SSTC.
Deposit & Billing
- A deposit of RM500 is chargeable for non-Malaysians subscribing for the Service(s).
- You may receive a bill for each Service subscribed for in the package (up to 2 bills). Non-payment for any one of the Service package may result in suspension or barring of all the Services until the outstanding amount is paid.
Installation of Service(s)
- You will receive a call from us within 5 days upon registration confirming your installation appointment date and time. You must inform us 3 days prior to the appointment date for any rescheduling or cancellation of the installation. We reserve the rights to charge you RM200 for any late rescheduling or cancellation request.
- You consent for us and/or our agents gaining access to your Premises, with prior notice to you, to place our Equipment and install the Service(s). Installation will be at Premises per the address you provide us. We shall not be held liable for installation issues arising from errors in details of the Premises given by you. Installation of the Service(s) will take approximately 6-7 hours and you must agree to the drilling area before we begin installation.
- You must be present during installation or designate a person aged 18 or above to be present on your behalf for installation of the Service(s), failing which we will not proceed with the installation.
- Standard installation, covers up to a cumulative total of 100 metres from the nearest fibre termination box to the access termination box (e.g. the first 85 metres (outside your home) from the nearest fibre distribution panel to the termination box and the first 15 metres (inside your home) from the termination box to the access termination box, or any variation thereof). If the length required at your Premises exceeds the said allocated amount, you will have to bear any extra charges. The installation provided is of standard specifications (over wall with clip or cable casing only). Costs for non-standard installations, such as over the ceiling, underground ducts, concealed wiring, etc. will be borne by you.
- If you are relocating, you must provide us one (1) month prior notice of your relocation. Any relocation will be subject to the Service(s) coverage area and a recontracting of your MaxisOne Home Fibre Broadband plan for a fresh period of 24 months will be required. We may terminate the Service(s) with notice to you if the Service(s) cannot be provided and/or is not available at your relocated Premises. You shall be required to bring over your existing modem / ONT (Optical Network Terminal) / BTU and Maxis-provided router, together with other equipment (equipment connected to the Fibre Wall Socket of your Premise) to your new Premise in order to continue the Services.
- In the event that you are not ready for installation upon our visit to your Premises, installation of Service(s) will be deferred. You will resolve any issue (being the cost of the deferment) and reschedule a new installation date within 21 days from the cancelled date. Failure to re-schedule an appointment date will result in your application being terminated, and you will be charged accordingly. Maxis shall not be held liable for any further delays due to deferment.
- Depending on the MaxisONE Home Fibre Broadband plan you subscribe to, you may be provided with a Digital Enhanced Cordless Telecommunication Phone (“DECT”) phone. In the instance you subscribe to a plan without a free DECT phone, you will need to purchase your own DECT phone for your use. In any case, you agree to accept the phone number assigned to you before we activate the Service.
- Maxis reserves the right to charge RM50 for site support for any non-Maxis related support, where Maxis installers are required to be on-site to rectify the fault, if any.
- You are responsible, at all times, for the safety of Our equipment in your Premises. Upon termination of the Service(s), Our equipment must be returned in good working condition, failing which you may be charged for any loss or damage.
- The router / dongle / modem / ONT / BTU provided to you remains Maxis’ property. Upon termination of the Service(s), you must return to us the complete ONT / BTU in good working condition. If you do not return the ONT/ BTU or if you return the ONT / BTU but it is not in good working condition, you will be charged a fee of RM500 or such other charge as may be notified to you by Maxis from time to time. This charge does not include applicable taxes.
- The home WiFi router provided on installation belongs to you and has a warranty that is reflective of your MaxisOne Home Fibre Broadband contract. Please visit your nearest Maxis Centre should you have any issues with the modem. You are free to purchase your own WiFi router for using the Services, but we shall not in any way warrant the quality of the Service from the WiFi router of your choice.
- Please call 1800 82 1123 or 123 from your Maxis Mobile Phone for assistance on technical issues.
Maxperts Upsell of Devices
- Our Maxperts installation team may suggest and upsell to you devices which may improve the Service connectivity in your Premise. These devices are either charged as a one-time fee OR as a monthly installment plan. Once you have agreed to purchase these devices, it is considered sold and no refunds are allowed.
- You will be tied to a commitment period for devices with a monthly installment plan. The commitment period shall be for a period of 12 or 24 months, depending on the plan, Product & Services you subscribed to.
- You shall not, during the commitment period,:
- terminate your Service;
- terminate or suspend your Service account or port out to another Internet service provider;
- have your Service account terminated for non-payment of monthly bills;
- change or transfer ownership of your account and/or the Service
- You acknowledge, if any of the events in clause 30 above occurs, you shall pay us the device remaining balance charge as stipulated in clause 33 below. Payment of the device remaining balance charge is without prejudice to collection of all monies owing to us by you in accordance with your account up to the time of early termination. You will be responsible for all outstanding amounts which will be due and payable by you to us immediately on the date of your billing cycle. All outstanding amounts due and owing to us shall be subject to applicable taxes.
- If you suspend your Service during the commitment period, the device monthly installment fee will continue to be charged to you.
- You agree we have the right to impose a device remaining balance charge, which you shall be responsible to pay if you decide to terminate before expiry of the commitment period. The device remaining balance charge is calculated as follows: [Monthly installment fee x Remaining month(s)].
- Should you request for a relocation of the Service during your commitment period, you agree we have the right to impose the device remaining balance charge, as per clause 33, as we treat a relocation of Service as a termination of Service.
- We will not be responsible to replace the device or any part thereof that is lost, stolen, damaged, or defective. You shall be responsible for the repair and maintenance of your device. You agree that repairs, defects, and/or faults shall be subject to the applicable warranty issued by the device manufacturer, if any. You accept and acknowledge that we shall not be responsible and/or liable for any devices and/or for any loss and/or damage whatsoever suffered by you and/or any other party.
- You must make sure that the device returned by you is in good working condition, particularly:
- You must ensure that all and any personal and confidential data/information has been cleared from the device.
- You must ensure your device is free from physical damage, except for fair or light wear and tear (for example, it does not have liquid damage, a physical cracks or any intentional damage).
- You must ensure your device comes with its full set, for any warranty claim, together with proof of purchase of the device.
- You must ensure that your device does not have any missing, disassembled, customised, or non-original parts.
- You agree that we have the discretion to decide whether a device can be accepted, accepted at an additional charge or not accepted at all by us. You agree that our decision is final and that we will not entertain any queries or appeals.
Additional Features & Requirements
- Speed of the MaxisOne Home Fibre Broadband Service is on a best efforts basis. We reserve the rights to manage your speed should you exceed the stipulated data volume quota.
- The Service(s) is offered as a package (which includes voice (VOIP) services). Suspension, barring or termination of a particular Service from the package will cause the other Service(s) in the package to be suspended, barred or terminated (as the case may be) as well.
- Voice (VOIP) services will be on a pay-per-use basis unless stipulated otherwise in the respective MaxisOne Home Fibre Broadband plan(s) offered.
- Depending on the MaxisONE Home Fibre Broadband plan you subscribe to:
- You are allocated unlimited monthly free calls to any fixed and mobile line under your Service(s) package subject to this Clause and Clause 53. The unlimited monthly free calls apply to:
- (i) Domestic mobile/fixed ON-net (Maxis to Maxis calls) & OFF-net (calls from Maxis to other Service Providers) usage (excluding calls to numbers with special charges e.g. 1-300/1-700/600, 121, TM100, 1MOCC & 080-prefix numbers for border calls to Brunei);
- (ii) standard person-to-person calls not for any commercial and/or non-personal usage; and
- (iii) unlimited calls do not include: multiple simultaneous calls, conference calls (unless you are subscribed to the conference call service with Maxis), re-supply, call centre usage, telemarketing, application-to-person communication, continuous call forwarding, auto-dialing, machine-to-machine communication, or any other activity we consider to be non-standard usage..
- If you subscribe to a plan with pay-as-you-use call package, you will be charged the prevailing rates. For information on prevailing rates, kindly log on to www.maxis.com.my/fibre.
- All value added services offered with relevant plans or packages will be available to you as long as you subscribe to the MaxisOne Home Fibre Broadband service.
- If you are within or out of contract, you may upgrade or downgrade your plan anytime. There are no fees charged for any upgrade or downgrade of plans. However, Maxis reserves the right to require you to pay a one-time fee, if you are discovered to be abusing the upgrade/downgrade process.
- If you upgrade or downgrade your plan, you are not required to enter into a new contract with Maxis if there are no upgrades to your existing devices (including router / dongle / modem / ONT / BTU). You shall however be required to enter into a new 24 month contract with Maxis if you obtain upgrades to your existing devices (including router / dongle / modem / ONT / BTU) together with your plan upgrade or downgrade.
- We reserve the rights to introduce and deliver new Service(s) over a shared infrastructure. You may subscribe to such new or additional Service(s) by way of a request to us and the relevant Service(s) terms and conditions shall be deemed accepted by you upon your acceptance and/or usage of such new and/or additional Service(s). This applies to Service(s) we may provide as a package to you.
Quality of Service
- The fibre packages offered to and subscribed by you are dependent on the infrastructure available up to and within your premises (whether VDSL or FTTH). Maxis can only offer fibre packages which are supported on the infrastructure currently installed up to and within your premises.
- WiFi speeds are highly dependent on various internal and external factors, including but not limited to building layout (thickness of walls, number of walls blocking router / dongle / modem / ONT / BTU, etc) and signal interference in and around your Premise. WiFi speeds advertised are on a best effort basis and take into account optimum operating circumstances with little to no internal and external interference.
- To discontinue the MaxisOne Home Fibre Broadband Service, you must go to any Maxis Centre.
- You agree that a RM500 penalty will be enforced and payable for any early termination of your Service if it is still under contract.
- Maxis reserves the right to terminate the Service in the instance you suspend the Service for any period exceeding 3 consecutive months.
- For any planned interruption of Service(s), adequate notice will be provided via a valid mobile number and/or any other mode of communication as we may deem appropriate. You are responsible to update Maxis on any changes in your contact details, and Maxis shall not be held liable in the instance you are unable to receive any notices envisaged in this clause due to your failure to update Maxis on your new contact details.
Things we may do to the Service(s)
- We reserve the rights at any time, without being liable to you or any third party, to interrupt, bar, suspend, restrict the Service(s) for such time as we see fit or terminate, discontinue or disconnect the Service(s) if your usage:
- Shows excessive usage or places an unusual burden on our Network;
- Is for unlawful activities or for suspected fraudulent activities;
- Is not in accordance with the Maxis Fair Usage Policy (at www.maxis.com.my/FUP); or
- Is for commercial/non-personal purposes.