Service Specific Terms & Conditions (“SSTC”) – MaxisONE Home Fibre Broadband
- Service Specific Terms & Conditions (“SSTC”) – MaxisONE Home Fibre Broadband
- Appendix - MaxisONE Home Fibre Broadband
Version [12 December 2019]
- The Product & Service: MaxisOne Home Fibre Broadband 30Mbps, 100Mbps, 300Mbps, 500Mbps or 800Mbps.
- You: Person(s) signing up for the Product & Service.
- 3. The Product and use of the Service 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give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded.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 and/or Service at www.maxis.com.my/tnc/personal), including changes to the Agreement. Your continued use of the Product, Service and/or plan(s) (after the Effective Date of any revision/change to the terms and conditions of Agreement, Product and/or Service and relevant 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 Service by giving us notice within 28 days from the Effective Date failing which you are assumed to have accepted the changes.
Availability of Service
- The Product & Service 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 to inform you of acceptance or rejection of your application. Provision of the Product & Service is at our sole discretion.
- If you are signed up with a fibre package not provided by Maxis and are interested to sign up to our MaxisONE Home Fibre packages, you are advised to contact us for further assistance prior to termination of your existing service.
- You are ineligible for the Product & Service 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 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 is as set out on our official website at www.maxis.com.my/fibre. Charges displayed do not include applicable taxes.
Commitment Period and Duration of Service
- The Service(s) commences on the date of successful onsite installation of the Equipment at your premises ("Activation Date") and for a minimum period of 24 months from the Activation Date ("Commitment Period"). A RM500 termination charge shall apply where you terminate the Service before the end of the Commitment Period. After the Commitment Period, the Service shall continue automatically until you terminate the Service(s) in accordance with this SSTC.
- For MaxisONE Home Fibre Broadband 500Mbps and 800Mbps, 2 units of Mesh WiFi will be provided to you as part of your plan with no extra charge. In the event you terminate or change your rate plan to one that is lower than 500Mbps within the Commitment Period, you shall be required to pay the remaining balance charge for the 2 units of Mesh WiFi in accordance with the formula as provided in Clause 35 below.
Deposit & Billing
- A deposit of RM500 is chargeable for non-Malaysians subscribing for the Service.
- 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 or a part of the Service until the outstanding amount is paid.
Installation of Service
- 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 the router, dongle, Mesh WiFi, Digital Enhanced Cordless Telecommunication Phone ("DECT") phone, modem (comprising either the Optical Network Terminal ("ONT") or Broadband Termination Unit ("BTU") as the case may be) (collectively referred to as "Maxis Equipment") and install the Service. 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 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, 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 coverage area and a recontracting of your MaxisOne Home Fibre Broadband plan for a fresh commitment period of 24 months will be required, which may include other device and/or equipment specific terms and conditions as may be determined by us. We may terminate the Service with notice to you if the Service cannot be provided and/or is not available at your relocated Premises, and you may be required to pay the early termination charge of RM500 as provided in Clause 14. You shall be required to bring over the Maxis Equipment (which includes accessories for equipment connected to the Fibre Wall Socket of your Premise) to your new Premise in order to continue the Service, failing which, the performance or availability of Service provided to you may be affected.
- In the event that you are not ready for installation upon our visit to your Premises, installation of Service 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 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 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 Maxis' Equipment in your Premises. Upon termination of the Service, Maxis' Equipment must be returned in good working condition, failing which you may be charged for any loss or damage.
- The Maxis Equipment provided to you remains Maxis' property.
- The Maxis Equipment provided on installation has a warranty that is reflective of your specific contract with Maxis. You are free to purchase your own WiFi router and other equipment for using the Service, but we shall not in any way warrant the quality of the Service from the WiFi router and other equipment of your choice.
- For issues with Maxis Equipment or for assistance on other technical matters relating to the Service, please call 1800 82 1123 from any line, or 123 from your Maxis mobile line.
- Our Maxperts installation team may suggest and upsell to you devices which may improve the Service connectivity in your Premise. You are also able to purchase TV devices to enjoy the rich services that MaxisONE Home Fibre Broadband enables via our sales channels.
- These devices stipulated in clause 30 above are either charged as a one-time fee OR as a monthly installment plan under "Maxis Zerolution Monthly Plan", which is exclusive of all applicable taxes. 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 you wish to purchase with a monthly installment plan. The commitment period shall be for a period of 12 or 24 months, depending on the plan, Product & Service you choose to subscribe for.
- You shall not, during the commitment period:
- terminate your plan, Product & Service;
- terminate or suspend your account or port out to another Internet service provider;
- have your account terminated for non-payment of monthly bills; or
- change or transfer ownership of your account and/or the plan, Product & Service to any person.
- You acknowledge, if any of the events in clause 33 above occurs, you shall pay us the device remaining balance charge as stipulated in clause 35 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 of your plan or the specific device contract (where applicable). The device remaining balance charge is calculated as follows:
[(Device(s) Recommended Retail Price (RRP) ÷ 12/24 months)] 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 35, as we treat a relocation of Service as a termination of Service.
- The devices add-on through separate purchase has a warranty that is reflective of your specific contract with Maxis.
Equipment / Device Warranty
- Warranty applies to Maxis’ Equipment / Devices offered or purchased with Maxis services which cover manufacturing defects within warranty period as stipulated in each applicable contract. You agree that repairs, defects, and/or faults shall be subject to the applicable warranty issued by Maxis and stipulated in your Maxis’ Equipment / Device contract with Maxis.
- The warranty does not cover:
- damage, lost, stolen or defects caused by any act, omission, misuse, negligence including usage of the Equipment / Device contrary to instructions provided by Maxis or the manufacturer (as set out in the Equipment/Device’s user guide)
- serial number/IMEI removed or defaced;
- products that have been subject to an unauthorized removal or deactivation of the network operator-lock function; and/or
- other acts beyond our reasonable control.
- Upon termination of the Service, you must return to us the device, including modem (together with its accessories) is in good working condition. If you do not return the modem or if you return the modem but it is not in good working condition, you will be charged a fee of RM200 or such other charge as may be notified to you by Maxis from time to time. This charge does not include applicable taxes.
- You must make sure that any 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 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 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 package subject to this Clause and Clause 57. The unlimited monthly free calls apply to:
- 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);
- standard person-to-person calls not for any commercial and/or non-personal usage; and
- 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.
- You are allocated unlimited monthly free calls to any fixed and mobile line under your Service package subject to this Clause and Clause 57. The unlimited monthly free calls apply to:
- 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.
- We reserve the rights to introduce and deliver new Service over a shared infrastructure. You may subscribe to such new or additional Service by way of a request to us and the relevant Service terms and conditions shall be deemed accepted by you upon your acceptance and/or usage of such new and/or additional Service. This applies to Service we may provide as a package to you.
- If you are on an existing plan with Maxis, you may opt in to newer packages offered by us or upgrade/downgrade your plan. There are no up-front fees charged for any upgrade or downgrade of plans, but Maxis reserves the right to require you to pay a one-time fee if you are discovered to be abusing the upgrade/downgrade process. Additionally, you may be subjected to a new 24 months commitment period for your plan or device, depending on the plan which you subscribe to. Features, benefits and add-ons provided in your existing plan(s) may not be brought over to your new package.
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 Maxis Equipment) and signal interference in and around your Premise. Fibre broadband speeds advertised are up to the WiFi router only, on a best effort basis and take into account optimum operating circumstances with little to no internal and external interference.
- Maxis continues to strive and use its best endeavours to comply with the Mandatory Standards for Quality of Service as determined by the MCMC to ensure a smooth and worry free internet experience for you. Please reach out to us via the contact details in Clause 7 if you experience any Quality of Service issues in order for us to assist in addressing the same.
- To discontinue the MaxisOne Home Fibre Broadband Service, you must go to any Maxis Centre.
- You agree that you will be liable to (i) a RM500 penalty payable to us for any early termination of your subscription or Service(s) within the Commitment Period and (ii) any device(s) remaining balance charge if applicable as per Clause 35.
- 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, 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.
- For any unplanned Service(s) interruption, Maxis will endeavour to notify and update you via SMS/ call your mobile and/or any other mode of communication as we may deem appropriate as to the status of such unplanned Service(s) interruption. You are responsible to update Maxis on any changes in your contact details from time to time, and Maxis shall not be held liable in the event we are unable to contact you due to your failure to update Maxis on your new contact details.
Things we may do to the Service
- We reserve the rights at any time, without being liable to you or any third party, to interrupt, bar, suspend, restrict the Service for such time as we see fit or terminate, discontinue or disconnect the Service 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); and/or
- Is for commercial/non-personal purposes.