Maxis Direct Debit Services Terms and Conditions
Version [25 November 2019]
1. In these terms and conditions:
- "Account" means the number of lines (whether principal or supplementary) registered by you under the relevant principal registration form for the Maxis telecommunication services under the General Terms & Conditions of Service(s);
- "Bank"means the banks or financial institutions nominated by us from time to time;
- "Card" means the debit, credit or charge card (as applicable) nominated by you for the Services (as defined herein) and accepted by us;
- "Card Issue" means any bank or legal entity which is the issuer for the Card;
- "Cardholder" means the lawful and authorised user of the Card whose name is embossed thereon and whose signature appears on the Card;
- "Direct Debit" means the direct debit bill payment service offered by Maxis whereby your periodic official bill statement may be automatically billed into your Card account for settlement subject to Maxis’ approval;
- “Maxis” or “us” or “we” or “our” means Maxis Broadband Sdn Bhd (234053-D) and its authorised assignees and successors in title;
- “General Terms & Conditions of Service(s)” refers to the terms and conditions agreed to by the Customer under the principal registration form for subscription to Maxis telecommunications services, including without limitation "Maxis Mobile", "Hotlink", "Maxis Home Fibre Broadband", or any other services available or provided by Maxis, at https://www.maxis.com.my/terms-conditions/personal/postpaid/general-terms-conditions/
- "Registration Form" means your duly completed application form for registration to subscribe to the Services, electronically or non-electronically, which has been accepted and approved by us;
- "Related Corporations" means the related corporations as defined under the Companies Act, 2016;
- “SMS” means Short Messaging System;
- “Services” means Direct Debit service offered herein by us and accepted by you;
- “Self-serve application” “self-serve portal” means Maxis official website, MyMaxis App, Hotlink Flex App and Hotlink RED app.
- “You” or “Your” or “Customer” means the individual, sole proprietorship, partnership, company or entity named in our Registration Form whose application for Services or any part thereof has been accepted and approved by us and who uses or intends to use the Services (including his or its successors and permitted assigns) and anyone appearing to us to be acting with any of the said party’s authority or permission.
2. You confirm and agree that:
- all the information you provided to us in the Registration Form is accurate, true and correct and you are aware of the content and scope of the Services provided;
- the Card you choose for the Services is in your name. If the Card you choose is in the name of a third party, you confirm and undertake that the Cardholder has authorised you to use the Card for purposes of the Services;
- you are the lawful and authorised holder of the Card or where the Card belongs to a third party, the Cardholder is the lawful and authorised holder of the Card;
- the Card is valid and has not expired and will remain valid and unexpired throughout the duration of your use of the Services;
- the Card has not been suspended or terminated; and
- to ensure sufficient funds in your account for the Bank or Card Issuer to act in accordance with the payment/deduction instruction when it is due.
3. You expressly consent and authorise us to:
- process and verify information supplied for registration with the Card Issuer(s) or any third party as may be necessary;
- forward your call transactions, billings and other details to the Bank, the Card Issuer(s) and other relevant parties for and in connection with the Services;
- share your information contained in our database with our Related Corporations, corporate shareholders, employees, agents, dealers, third parties and/or relevant authorities for the provision of integrated or related services and/or towards the detection and prevention of crime and/or lawful purposes.
4. You confirm and agree that the provision of the Services for any transaction at any time is subject to prior authorisation from the Bank and/or Card Issuer through the supplied terminals and against an unexpired and valid Card.
5. We will not be liable to you:
- if the Card is not honoured by the Bank or the Card Issuer;
- if provision of or authorisation to the Cardholder for the Services is denied/refused or suspended at any time by any party for any reason;
- if we are unable to or delay in providing the Services for other circumstances beyond our reasonable control (e.g. power failure);
- for any loss or damages whatsoever suffered by you and any third party arising from use of the Services for any claims, loss, damages, cost and expenses (including without limitation any direct, indirect, consequential, incidental loss or damage) arising out of or resulting from any person using the Services;
6. Your primary obligation under the General Terms & Conditions of Service(s) to settle your Maxis official bill statements and to settle the same in a timely manner shall continue and shall not be waived, extended or suspended in any manner whatsoever by the mere approval or agreement from us to provide the Services to the Customer;
7. Save and except where the fault or delay is clearly attributable to circumstances within our reasonable control, all overdue payments shall be subjected to interest for late payment and/or other consequences as provided under the General Terms & Conditions of Service(s);
8. You confirm that you understand that the Services is only applicable for settlement of periodic Maxis official bill statements. All and any other payments outside the periodic Maxis official bill statement cycle shall be promptly settled in accordance with the General Terms & Conditions of Service(s);
9. Notwithstanding a transaction may have been completed via the Services and your particular Maxis bill has been credited as paid, we may reverse any payment entry in your statement of account and you are required to pay such unpaid amount in the following circumstances:
- the transaction is cancelled for any reason by the Bank or the Card Issuer;
- the transaction is found to be incomplete, illegal or fraudulent;
- the transaction is a “Declined Authorisation” or one with a non-corresponding authorisation code;
- the transaction sum or part thereof exceeds the Cardholder’s authorised credit limit
- the relevant Card has expired, is terminated or invalid for any reason whatsoever
- the transaction was entered into without authorisation of the Cardholder or the Cardholder disputes the transaction or denies liability;
- the transaction was carried out or credit was given to you in circumstances constituting a breach of any express or implied term, condition, representation or duty by you;
- the performance of the Direct Debit transaction or the use of the Card involves a violation of the law, rules or regulations of any governmental or regulatory body, notwithstanding that we may have notice of the same at the time when the transaction was carried out; or
- at our, the Bank’s or the Card Issuer’s discretion.
10. We and/or our Related Corporations shall not be liable for, and you agree to indemnify us and/or our Related Corporations against all claims, losses, liabilities proceedings, demands, costs and expenses (including legal fees) which may result or which we may sustain in connection with or arising from the provision of the Services to you; and/or
11. Notwithstanding any of the foregoing provisions, you agree that the use of the Services is undertaken at your sole risk. You hereby assume all risks arising from the Services or incidental to the use thereof and shall not hold us and/or our Related Corporations liable for any loss arising therefrom.
12. We reserve the right at our absolute discretion to:-
- levy charges for the provision of the Services to you;
- suspend or deny provision of the Services to you at any time; and
- add, delete or amend any of the provisions herein without notification to you. Your continued use of the Services shall constitute acceptance of the amendments of the provisions herein.
13. The invalidity or unenforceability of any provision herein shall not affect nor prejudice the validity or enforceability of the rest of the provisions.
14. We may terminate the Services after three (3) consecutive unsuccessful or reject transactions by the Card Issuer or by the Bank. You may terminate the Services at any time by using the self-serve applications or self-serve portal. Notwithstanding the foregoing, the Services shall be automatically terminated with immediate effect without notice to you in the event that the Card is cancelled by the Card Issuer or the Services is terminated by the Bank.
15. We reserve the right at its absolute discretion to approve or reject your application for the Services without assigning any reason whatsoever. You will be notified in the event that your application has been rejected.
16. These terms and conditions shall be read in conjunction with the General Terms & Conditions of Service(s). In the event of any conflict between these Terms and Conditions with the provisions pertaining to the Services in the General Terms & Conditions of Service(s), these terms and conditions shall prevail.
17. All capitalised terms used herein without definition shall have the same meaning as defined in the General Terms & Conditions of Service(s).