Service Specific Terms & Conditions ("SSTC") - Maxis Zerolution360 Contract for Devices

Version [11th April 2019]

General

  1. The Plan(s): Maxis Zerolution360 (referred to as the "Zerolution360"). The Offer cannot be exchanged for cash.
  2. This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any other offers from time to time.
  3. You: Person(s) signing up for Zerolution360. You shall be responsible for payment of all charges associated with the Plan(s) and the principal line registered under you.
  4. The use of the Service(s) under the Plan(s) is subject to the postpaid General Terms & Conditions of Service(s) ("Agreement"), this Service Specific Terms & Conditions ("SSTC"), Maxis Fair Usage Policy and any other applicable terms and conditions, all found at: www.maxis.com.my/FUP and www.maxis.com.my/tnc/personal
  5. Capitalised terms herein have the same meaning as defined in the Agreement.
  6. Any conflict or inconsistency between this SSTC and the Agreement, shall be construed in the following order of precedence: (a) SSTC; and (b) Agreement. Further, the MaxisONE plan under the Plan is subject to SSTC – MaxisONEplan (http://www.maxis.com.my/en/tnc/personal-tnc/maxisone-tnc.html). For clarity, if there is any conflict or inconsistency between this SSTC and the SSTC – MaxisONEplan, this SSTC shall take precedence.
  7. We reserve the rights without liability, to revise this SSTC, Plan(s) 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give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded.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, 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 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 28 days from the Effective Date failing which you are assumed to have accepted the changes.


Commitment Period

  1. The minimum Commitment Period of the Plan(s) is twenty four (24) months from the date of acceptance of these terms and conditions ("Date of Execution"). If applicable, with the acceptance of this Plan, your previous phone/device offer contract is deemed terminated as at the Date of Execution and you shall be subject to any device remaining balance charge of the previous contract.
  2. After the Commitment Period has expired, you are entitled to either:
    1. continue your use of the Device under Zerolution360 by continuing to pay the Zerolution360 Fee ; or
    2. choose to return the Device to us, in good working condition, without paying any charges; or
    3. terminate the Zerolution360 and choose to keep the Device subject to you paying Maxis the Device remaining balance charge + an additional fee of 25% of the Device Recommended Retail Price (RRP) at the time of your subscription to the Plan(s) + additional administration charges.


Eligibility

  1. A principal line must be registered in your name and be an active account under an individual postpaid rate plan (MaxisONE Plan 128 and above) offered by us. Any cancellation of your MaxisONE Plan will result in the termination of your Zerolution360 subscription and a penalty charge.
  2. You are ineligible for this Plan if you have any outstanding payments with us.
  3. Zerolution360 is inapplicable to you if you are a commercial user and/or bulk subscriber.
  4. You are only eligible to subscribe for (1) Zerolution360 subscription per NRIC.


Maxis Zerolution360

  1. By accepting this offer: you will enjoy the usage of 1 device (“Device”) at the price as offered by us, which is exclusive of all applicable taxes ("Zerolution360 Fee").
  2. You shall not, during the Commitment Period,:
    1. terminate your subscription to Zerolution360;
    2. terminate or suspend your Maxis mobile account or port out to another mobile service provider;
    3. have your Maxis mobile account terminated for non-payment of monthly bills;
    4. change your rate plan to a rate plan that is not eligible under the Plan. Eligible rate plans are variants of MaxisONE Plan 128, 158 or 188;
    5. change or transfer ownership of this Plan and Service(s); and/or
    6. cause any loss or damage to the Device.
  3. You acknowledge, if any of the events in clause 15 above occurs, you shall pay us the Device remaining balance charge as stipulated in clause 18 and 19 below. Payment of the Device remaining balance charge is without prejudice to the collection of all monies owing to us by you in accordance with your account up to the time of early termination. You will receive a final statement of account which will be due and payable by you to us immediately upon receipt. All outstanding amounts due and owing to us shall be subject to all applicable taxes.
  4. If you suspend your Maxis mobile account during the Commitment Period, the Zerolution360 Fee will continue to be charged to you.
  5. If you decide to terminate before the expiry of the Commitment Period, you shall be responsible to pay the Device remaining balance charge. The Device remaining balance charge is calculated as follows: [Total Monthly Instalment Fee (RM)] x Remaining month(s)].
  6. If you do not return the Device after termination, you shall be responsible to pay the following charges: Device remaining balance charge + an additional fee of 25% of the Device Recommended Retail Price (RRP) at the time of your subscription to the Plan(s) + additional administration charges.
  7. You 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. after signing up to this Offer, you fail to make payment for a continuous period of three (3) months.
  8. You accept and acknowledge you will be liable for the Plan, Commitment Period, Device, payment and charges, these terms and conditions and the General Terms and Conditions.
  9. You accept and acknowledge that the Device title and ownership does not belong to you. The Device is provided under this Plan to you and you are accountable for the use and safety of the Device. Nothing in this SSTC shall be construed as transferring the title or ownership of the Device to you. You shall not directly or indirectly give or allow another person to give any interest in or lien over the Device. You shall promptly, at your own costs and expenses, take all such actions as may be necessary to duly discharge or eliminate any such liens upon obtaining actual knowledge thereof.


Zerolution360 Upgrade Plan (“Upgrade Plan”)

  1. Upon subscribing to the Plan(s) and subject to clause 25 below, you are entitled to upgrade to a new Device.
  2. When you choose to exercise your upgrade under the Upgrade Plan, you will be charged an Upgrade Fee which is dependent on the time period upon which you upgrade.
  3. In order to be eligible for the Upgrade Plan, you must:
    1. fulfil at least 12 months of Plan(s) in order for us to waive-off the remaining months of your Zerolution360 Fee; and
    2. return your Device in “good working condition” as stipulated in the Device Return Guidelines (for a device upgrade); and
    3. pay the Upgrade Fee upon signing up for the Upgrade Plan.
  4. Once you exercise your right to upgrade your Device under this Upgrade Plan, your minimum Commitment Period of twenty four (24) months restarts from the date of upgrade.
  5. You shall not, during the Commitment Period,:
    1. terminate your Upgrade Plan;
    2. terminate or suspend your Maxis mobile account or port out to another mobile service provider;
    3. have your Maxis mobile account terminated for non-payment of monthly bills;
    4. change rate plan to a rate plan that is not eligible under the Plan(s); and/or
    5. Change or transfer ownership of this Offer and Service(s).


Zerolution360 Device Protection
The Zerolution360 Device Protection services shall be provided by Brightstar Distribution Sdn Bhd and Brighstar Supply Chain Services (collectively referred to as “Brightstar”) and shall be subject to Brightstar’s terms and conditions which can be found at http://www.maxis.com.my/en/tnc/personal-tnc/maxis-zerolution360-device-protection-tnc.html

Upon signing up for the Plan(s), you will automatically be enrolled in the Zerolution360 Device Protection Basic Plan (“Basic Plan”). You can choose to enroll in the Zerolution360 Device Protection Premium Plan (“Premium Plan”) by paying an additional fee. Once you have enrolled in either the Basic Plan or the Premium Plan, you will not be eligible to enroll in a different Device Protection service.


Device Warranty

  1. You may contact Brightstar at 1800-886-888, for the repair and maintenance of your Device or any part thereof.
  2. Any repair and maintenance of your Device or any part thereof shall be treated as a Service Request under the Zerolution360 Device Protection.