Terma dan Syarat

Terms And Condition
By subscribing, accessing and usage of the Maxis Mobile Services, the Corporate/SMA Company and/or the Corporate/SME Individual (“the Customers”) hereby agrees to be bound and be subject to the General Terms and Conditions (which includes terms and conditions for Website Use, Rules of Acceptable Use and Privacy Statement), Broadband terms and the Maxis Mobile Services Sdn Bhd ("Maxis") terms and conditions for Postpaid Service as contained in the Mobile Postpaid Registration Form and as may be updated by Maxis from time to time (“Agreement”). The current version of the Agreement can be viewed any time at http://www.maxis.com.my/business/tnc herein referred to as "Site" and the references to this Site include the Services). Unless otherwise herein dened, words and expressions used or referred to in this Terms and Conditions shall have the same meaning dened in the Agreement. In the event of any inconsistency between the provisions of the Agreement and these Terms and Conditions regarding the Services, these Terms and Conditions shall prevail. The Agreement shall be supplemented as follows:
1. These Terms and Conditions (“Addendum”) shall be applicable for all rate plans, promotions and packages as o-ered or may be o-ered by Maxis (“Rate plans”) to the Customers as part of the Services under the Agreement.
2. This Addendum shall be in force immediately from the date of its acceptance by the Customer (which is signied by availability of the Services and its usage by the Customer) and shall continue for a contract term as agreed by the Customer in the respective Rate plan or until earlier terminated in accordance with the Rate plan, the Agreement and/or this Addendum. Acceptance of the Customer’s application for the Services under the Rate plan shall be at Maxis’ absolute discretion.
3. The Customer agrees that this Addendum when accepted and acknowledged by the Customer shall form part of Agreement and be applicable for all Services registered under the Customer’s name and/or Customer’s existing company account number whether or not the Services are all under one Rate plan or on di-erent Rate plans unless agreed otherwise in writing with Maxis.
4. The Customer shall refer to the Rate plans o-ered by Maxis for the Service options available for Customer registration and the subsidized devices options o-ered under each Rate plan.
5. Each Rate plan o-ered by Maxis is subject to eligibility guidelines and additional terms (if any) as may be stated therein. The Customer shall have on acceptance of this Addendum hereby acknowledge to have read, understood and accepted the terms and conditions of the Rate plan(s) which the Customer has subscribed for, which includes without limitation the contract term, applicable charges, eligibility guidelines and Device options (if any provided under each Rate plans)
6. Customers who subscribe for data packages under a Rate plan shall deem to have acknowledged and agree to be bound by the Business terms and conditions and the fair usage policy as made available at http://www.maxis.com.my/business/tnc and as may be modied from time to time on usage of the Services and the Devices.
7. FOR CORPORATE/SME INDIVIDUAL CUSTOMERS
7.1 The Customer agrees that the Services are being provided to the Customer on the representation that the Customer is an employee or contract sta- of a corporate/company/SME. MMSSB shall have the right to verify the information provided by the Customer from time to time and if the Customer is no longer a corporate/company/SME business individual as represented to MMSSB, the Customer shall keep MMSSB duly informed of the same. MMSSB reserves the right to terminate the Services and/or allow the Customer to continue with the Services only at the request and application of the Customer in his/her own individual capacity under a consumer rate plan at the option of MMSSB. The Customer shall be liable to make due payments for all usage charges, migration and cancellation fee as applicable and invoiced by MMSSB for such change.
7.2 The Customer’s account number shall be quoted in all requests for additional Services and in all its transactions with MMSSB. Customer shall accept all liability for all Services, the SIM card and the Customer’s account number including without limitation additional Services registered under the Customer’s name/account number and shall ensure that they are used in a lawful manner in accordance with the Agreement, this Addendum and law.
8. The Customer agrees to pay promptly all charges due and payable for the Services registered under the Customer’s company number irrespective of whether or not such Services were authorised by the Customer and whether or not the employee, personnel or agents or third party’s employment or contract is existing or has been terminated by the Customer.
9. Interest is payable by Customer on any outstanding charges under the Agreement at the rate of 1.5% per month on such overdue amounts (whether before or after judgment) and Customer shall continue to be liable to pay such amounts, including any accrued interest thereon.
10. The Customer recognizes and acknowledges that all value added services and additional Service applied under a Rate Plan by the Customer in the Customer’s name shall be added to the Customer’s account and registered under the Customer’s name as part of the Services under the Agreement and this Addendum shall apply for all such Services. For avoidance of doubt, where data is provided on a complimentary basis to Customer, the complimentary data is only limited to the primary SIM. Any secondary or subsequent SIM, requested by Customer, will be subject to subscription of separate data package(s), which shall be subject to the applicable terms and conditions, and fair usage policy as highlighted in paragraph 6 above.
11. The Customer shall not be entitled during the current contract term to change its registered Rate plan or downgrade unless permitted by Maxis. The Customer recognizes and acknowledges that the promotion element/Device subsidy (if any) provided by Maxis under the Rate plan shall be in consideration of the Customer subscribing for the Services for the applicable contract term under such Rate plan. If, prior to the expiration of the contract term Maxis terminates the Services or Agreement or any part thereof due to breach by the Customer or if the Customer changes its Rate plan or terminates the Services, Agreement and/or Addendum or any part thereof, the Customer shall in addition to paying the sums specied in the Agreement, pay Maxis an early termination and/or cancellation fee per line for every month or part thereof of the unexpired duration of the contract term of the subscribed Rate plan or as may be stated in the subscribed Rate plan. Payment of the termination and/or cancellation fee shall be without prejudice to the collection of all other monies owing to Maxis by the Customer in accordance with the Customer’s company account up to the time of pre-termination. The Customer shall be furnished with a nal statement of account which shall be due and payable by the Customer to Maxis upon receipt.
12. Maxis reserves the right to rescind any of the privileges of the Customer under a Rate plan and/or terminate the Agreement or part there in the event the registered Services is not in accordance with the stipulated eligibility criteria or is not used in accordance with the Agreement, Rate plan package/promotion or with the Device or if Maxis suspects of or if there is any illegal usage or fraud in respect of, including but not limited to, the Services and/or the Devices provided or part thereof (including but not limited to selling or reselling of the Services and/or the Devices or part thereof without the written consent of Maxis).
13. Applicable to Customers if a Device subsidy is provided under the Rate plan: -
13.1 The subsidized devices (handsets) and Broadband modem (“Devices”) made available by Maxis shall be subject to the subscribed Rate plan, Device and promotional options available under the Rate plan and/or as per the Device manufacturer’s terms and conditions as applicable and the Customer on use of the Devices agrees to be bound by them.
13.2 Maxis shall have a lien over the Devices until: -
13.2.1 If the customer subscribes to the Rate plan for a contract term, upon the expiry of the contract term;
13.2.2 If the Services or Agreement and/or Addendum or part thereof is terminated earlier than the expiry of the contract term upon full payment by Customer of all amounts due from Customer to Maxis. Maxis further reserves the right to re-possess the Devices at the Customer’s cost and expenses in the event of any termination of the Services, Agreement and/or Addendum, unless all amounts due from the Customer to Maxis have been paid in full by the Customer.
13.3 Subject to Paragraph 14.2 of this Addendum, title and risk to the Devices provided under a Rate plan, shall pass from Maxis to the Customer upon delivery of the Device to the Customer. For avoidance of doubt, Maxis shall not be responsible for any damage to, theft or loss of such Devices or any other matters or claim in relation to such Devices whether directly or indirectly. The Customer shall be responsible for informing Maxis of defective or faulty handsets received by the Customer within the prescribed time.
13.4 The Customer shall be responsible for the repair and maintenance of the Devices provided under the subscribed Rate plan. Repairs are subject to the applicable warranty (if any) provided by Maxis for a particular Device or by such Device manufacturer as applicable (“applicable warranty”). For the duration of any such applicable warranty period, if such applicable warranty is being provided by Maxis as stated in the Rate plan, the Customer shall ensure that it returns to Maxis’ designated service centre’s the Device for Maxis further action or for onward transmission to the Device manufacturer. The Customer accepts and acknowledges that the Devices are subject to the Device manufacturer’s standard warranty and Maxis shall not be responsible and/or liable for any such Devices returned by the Customer which is found to be an ineligible warranty returned Device and/or for any loss and/or damage whatsoever su-ered by the Customer and/or any other party.
13.5 The Services and the Devices provided under a Rate plan are provided on an “as is” basis and “as available” basis. Maxis and/or its related corporations shall not be liable for and makes no express or implied representation or warranties of any kind in relation to the Devices (hardware or its software included), either expressed or implied, including but not limited to the implied warranties of merchantability and tness for a particular purpose.
13.6 Maxis shall not be liable to the Customer and the Customer shall indemnify Maxis for any infringement (or alleged infringement) of intellectual property of a third party to the extent that such infringement relates to: -
(a) use of any of the Devices in combination with software, hardware, equipment, applications or services not supplied by Maxis or the Device manufacturer;
(b) information, data or programme furnished by the Customer in the course of the supply of the Devices and/or Services;
(c) actions taken by Maxis at the request of the Customer;
(d) alteration of the Devices other than by Maxis (in case such Device carries Maxis warranty) ;
(e) failure of the Customer to use replaced or modied Devices provided by Maxis in order to avoid such infringement; or
(f) use of the Devices in a manner for which it was not designed; or
(g) an intellectual property right in which the Customer has a direct or an indirect interest (including without limitation where the Customer is a licensee of that intellectual property right).
13.7 The Customer acknowledges and understands that certain Devices may include encryption software that is subject to domestic and foreign legal restrictions that restrict export, import and use of the Devices and its associated software, and that the Customer is not permitted to roam to any country with the Devices unless advised by Maxis or its aliates that such roaming is permitted to that country.
13.8 The Customer shall not use, modify or duplicate the Devices or Services (including Device warranty, copyright and license documentation) unless permitted by Maxis or the Device manufacture or make the Devices or Services available to third parties illegally.
14. Maxis and/or its Related corporations shall not be liable to the customer or any third party authorised by or claiming through the Customer for any loss or damage, whether direct, indirect, special or consequential or for loss of business, revenue or prots or of any nature su-ered by the customer, or any person authorised by the Customer, or any injury caused to or su-ered by a person or damage to property arising from or occasioned by any act, omission, error, default or delay by Maxis and/or its related corporations, its ocers, employees and agents in relation to the Devices provided and the Customer agrees to indemnify Maxis and/or its Related Corporations against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which Maxis and/or its Related Corporations may sustain in connection with or arising from the provision of the Devices to the Customer.
15. Participation by the Customer in any other rate plan or promotion packages introduced or as may be introduced by Maxis during the subscribed current Rate plan contract term shall be subject to the absolute discretion of Maxis.
16. PERSONAL INFORMATION/PERSONAL DATA
16.1 The Customer acknowledges that Maxis and/or its Related Corporations may collect, use disclose and otherwise process the Customer’s Personal Information/Personal Data as set out in the Maxis Privacy Statement. The current version of the Maxis Privacy Statement is available at www.maxis.com.my/pdpa and at all Maxis Service Centres. Maxis and/or its Related Corporations may update the Maxis Privacy Statement from time to time. When it changes the Maxis Privacy Statement in a material way, it will post notice of this at http://store.maxis.com.my and www.maxis.com.my/pdpa. The Customer agrees that by continuing to use the Service(s) and/or products after such changes, the Customer agrees to be bound to, accepts and/or consents to such revisions and/or modication of the Maxis Privacy Statement. The Customer acknowledges and accepts that the terms and conditions of the Maxis Privacy Statement shall form an integral part of these terms and conditions of the Services. 16.2 The Customer further agrees and accepts that by registering and/or continuing to use the Services (s) and/or products and in accordance with Maxis’ Privacy Statement, the Customer hereby expressly authorizes and consents that Maxis may process and use his or her Personal Information/Personal Data for any purpose which is necessary and/or related to Maxis’ provision of the Services to the Customer. In this respect, the Customer also expressly consents that Maxis may disclose his Personal Information/Personal Data to Maxis’ agents, contractors, business partners, associates or such other parties as are necessary to facilitate the provision of the Services by Maxis to the Customer. The Customer also hereby consents to Maxis processing any sensitive personal data relevant for such purposes as mentioned under this Clause 17.
16.3 In addition and without derogation to clause 17.2 above, the Customer further expressly consents that Maxis may use and/or disclose his Personal Information as follows: -
(a) To Maxis’ shareholders, Related Corporations and aliated companies for purposes of providing any goods or Service(s) to the Customer;
(b) To Maxis’ agents, contractors, business partner or associates for purposes of providing any goods or services to its Customers;
(c) To Maxis’ agents or contractors or any credit reference agencies or debt collection agencies for the purposes of recovering any amounts due and owing to Maxis;
(d) To payment channels including without limitation, nancial institutions for purposes of maintaining - nancial records, assessing or verifying credit and facilitating payments of any amount due to Maxis pursuant to the Agreement;
(e) To regulatory, governmental bodies or other authorities in compliance with requirements under law or towards the detection or prevention of crime, illegal/unlawful activities and/or fraud;
(f) To any party involved in or related to a legal proceeding, for purposes of the legal proceedings;
(g) To other service providers or to parties nominated or appointed by Maxis either solely or jointly with other service providers, for purposes of establishing and maintaining a common database of customers;
(h) For any purpose which is necessary or related to Maxis’ provision of the Services to you and/or;
(i) To Maxis’ professional advisors on a need to know basis.
16.4 Save in accordance with clauses 17.2 and 17.3 above and except as permitted or required under any enactment, law, statute or code, Maxis will not use or disclose the Customer’s Personal Information.
16.5 The Customer hereby acknowledges his awareness that failure to provide complete and accurate information about the Customer and/or relevant person (including their consents) to Maxis as required in the Agreement including the Registration Form or any Addendum, may result in his application for Services being rejected, the Services or Agreement being terminated and/or correspondence from Maxis without limitation, bill statements failing to reach the Customer. The Customer shall update Maxis as and when the Customer’s Personal Information/Personal Data provided earlier to Maxis becomes incorrect or out of date, through the Maxis Privacy Centre as set out in Maxis’ Privacy Statement at ww.maxis.com.my/pdpa.
17. The Customer shall bear all stamp duty, service tax charges, and any other cost or charge imposed by law in connection with the preparation of the Agreement and/or the provision of the Services.
18. Further to Clause 16 above, in the event service tax and goods and services tax (“GST”) is applicable to services or equipment provided by Maxis under this Agreement, Maxis is entitled to charge the service tax or GST payable to the government on the Service and/or any Maxis services or equipment supplied to the Customer and these taxes shall be added to the bills issued to the Customer.
19. In the event GST is applicable, Maxis shall:
(a) provide to the Customer information that may be reasonably required to establish the liability for GST;
and (b) provide a tax invoice as may be required by the Customer to enable the Customer to claim an input tax credit under the law applicable to GST.
20. Any legal notices or communications to be given by Maxis to Customer under the Agreement shall be in writing and sent to its last known address or facsimile number. Any notice given by Customer to Maxis shall be in writing and sent to Maxis Mobile Services Sdn Bhd, Level 13, Menara Maxis, Kuala Lumpur City Centre, o- Jalan Ampang, 50088 Kuala Lumpur and a copy to Maxis Legal, Level 21 Menara Maxis, Kuala Lumpur City Centre, o- Jalan Ampang, 50088 Kuala Lumpur at fax no. +603-2330 0576 (Attention: General Counsel of Maxis Legal) or to any other address and fax number notied by Maxis from time to time.
21. Subject to the terms of the Agreement, this Addendum and the applicable Rate plans, any written request for Services including without limitation additional services from the Customer by way of a mail, letter or fax addressed to Maxis and written or executed by the Customer’s authorised personnel/agent (name of which personnel or agent have been intimated to Maxis) shall be valid and binding and shall form part of the Agreement. The Customer shall have deemed to have ratied all such request for Service and accepted the Agreement and this Addendum as and when such request is accepted by Maxis or when the Service has been put to use by the Customer. It is the liability of the Customer to update the names of its authorized personnel or agent from time to time in the form as prescribed by Maxis.
22. Unless otherwise dened in this Addendum, words and expressions dened in the Agreement shall have the same meaning when used or referred to in this Addendum. In the event of any inconsistency between the provisions of the Agreement and the provisions of this Addendum, the provisions of this Addendum shall prevail.
23. The terms and conditions in the Agreement shall continue to apply to this Addendum subject to any additions, variations and/or modications contained in this Addendum and shall be read and construed to be enforceable as if the additions, variations and/or modications in this Addendum were inserted in the Agreement by way of such additions, variations and/or modications.
24. The Customer agrees that if the Services are renewed by Customer for an extended contract term with Maxis, such renewal request shall be made in the form as stated by Maxis and shall be subject to the terms and conditions of the Agreement, this Addendum and terms of the applicable Service Rate plans. All such renewal request shall be sent to the address provided in the Agreement and/or by facsimile to the number provided by Maxis and shall be deemed an original taken together to constitute the Agreement. The Customer agrees to be bound by its Facsimile signature and such facsimile requests received and acknowledged by Maxis shall be deemed accepted, binding on the Customer from the date of receipt and shall form part of the Agreement.