Service Specific Terms & Conditions (“SSTC”) -  HOTLINK POSTPAID DEVICE INSTALLMENT

Untitled Document

Version [20 May 2020]

General

  1. The Plan: Hotlink Postpaid Device Installment.
  2. The Plan cannot be exchanged for cash.
  3. The Plan is not valid with any other offers and/or incentives, which have or may have been offered by Hotlink under any other offers from time to time.
  4. You: Person(s) signing up for the Device Installment Plan. You shall be responsible for payment of all charges associated with the Plan and the principal line registered under you.
  5. The use of the Service(s) is subject to the postpaid General Terms & Conditions ("GTC"), Summary Terms and Conditions ("STC"), this Service Specific Terms & Conditions ("SSTC"), Maxis Fair Usage Policy and any other applicable terms and conditions, all www.maxis.com.my/terms- conditions/personal/general/maxis-fair-usage-policy and www.maxis.com.my/terms-conditions/personal/.
  6. Capitalised terms herein have the same meaning as defined in the GTC.
  7. Any conflict or inconsistency between this SSTC, the STC and the GTC shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
  8. We reserve the rights without liability, to revise this SSTC, Plan 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give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded.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 and Service(s) at https://www.hotlink.com.my/en/terms-conditions/hotlink/, including changes to the GTC and other applicable terms and conditions. Your continued use of the Service(s) and/or Plan (after the Effective Date of any revision/change to the terms and conditions of Services and/or Plan) 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 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.

Eligibility

  1. A principal line must be registered in your name and be an active account under an individual postpaid rate plan offered by us.
  2. You are ineligible for this Plan if you have any outstanding payments with us.
  3. This Plan is inapplicable to you if you are a commercial user and/or bulk subscriber.
  4. You are only eligible to subscribe for one (1) Plan per NRIC.
  5. You must subscribe to an eligible rate plan in order to subscribe to Device Installment Plan. The Eligible rate plan is Hotlink Postpaid 60 plan.

Device Installment Plan

  1. By accepting this Plan: you will enjoy 1 device ("Device") at the price as offered by us, which is exclusive of all applicable taxes ("Device Installment Fee").
  2. The minimum commitment period of this Plan is twenty-three (23) months from the date of acceptance of these terms and conditions ("Commitment Period").
  3. Where you are currently on different phone/device plan and you are entitled under that plan to upgrade or switch to this Plan, if applicable, your previous phone/device offer contract is deemed terminated as at the date of execution of this Plan subject to you first paying any device remaining balance charges payable under the said previous contract.
  4. You shall not, during the Commitment Period, also during the Extended Period (hereinafter defined):
    1. terminate your Device Installment Plan;
    2. terminate or suspend your Hotlink Postpaid mobile account or port out to another operator or mobile service provider;
    3. have your Hotlink Postpaid mobile terminated for non-payment of monthly bills;
    4. downgrade your postpaid rate plan to the rate plan below your entry rate plan to Device Installment Plan. If you do downgrade to a lower  rate plan, you will incur a Device remaining balance charge as stipulated in this SSTC;
    5. change your rate plan to a rate plan that is not eligible under the Device Installment Plan.  Or
    6. change or transfer ownership of this Plan and Service(s);
  5. You acknowledge, if any of the events in clause 17 above occurs, the Plan shall be deemed terminated and you shall pay us the Device remaining balance charge as stipulated in clause 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.
  6. You agree we have the right to impose the Device remaining balance charge, which you shall be responsible to pay if you decide to terminate before the expiry of the Commitment Period or if the Plan is deemed terminated. The Device remaining balance charge is calculated as follows:
    Device Installment Fee x remaining month(s) of Commitment Period + Device non-return fee (as stated in Registration Form).
  1. Upon full payment of the Device remaining balance charge by you to us, the Device shall be regarded as belonging to you.
  2. If you suspend your Hotlink Postpaid 60 plan during the Commitment Period, the Device Installment Fee will continue to be charged to you.
  3. You agree we have the rights to block the IMEI of the Device if:
    1. you are suspected of fraud or found to have committed fraud;
    2. after signing up to this Plan, you fail to make full payment of any amount due within 14 days of the statement due date; or
    3. you have reported to us that the Device is missing or has been stolen and have requested us to block the IMEI of the Device.
  4. You are responsible for any loss, theft or damage to the Device at all times and shall continue to pay the Device Installment Fee for the Commitment Period and Extended Period, if applicable, notwithstanding that the Device is lost or damaged.
  5. You accept and acknowledge you have the obligation to observe and fulfill the terms and conditions of this Plan, including the Commitment Period, Device, payment and charges for the Plan, any remaining balance charge under the Plan, these terms and conditions and the postpaid General Terms and Conditions.
  6. You accept and acknowledge that the Device title and ownership does not belong to you during the Commitment Period. 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 unless otherwise expressly stated. 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.
  7. You are responsible to inform us if there is a change of IMEI of the Device. You may not be able to return the Device even after the expiration of the Commitment Period or Extended Commitment Period, as the case may be, if the change of IMEI is not being informed to us.

Returning the Device

  1. The Device is to be returned to us in good working order upon expiry of the Commitment Period.
  2. In the event that the Device is not return to us upon the expiry of Commitment Period, this Plan shall continue to be valid and effective for another one (1) month (“Extended Period”) wherein the Device Installment Fee shall continue to be payable to us. This Plan shall be terminated on the expiry of the Extended Period. Upon the Plan termination on the expiry of the Extended Period with no outstanding amount, the Device shall be regarded as belonging to you.
  3. Within the Extended Period:
    1. if you wish to terminate the Plan and you return the Device to us in good working order, this Plan shall expire and you shall not be liable to Device non-return fee.
    2. If you wish to terminate the Plan or when the Plan is terminated but you failed to return the Device to us on the termination of the Plan, you shall be liable to pay us Device non-return fee as stated in the Registration Form.
  4. For the avoidance of doubt, notwithstanding anything to the contrary, we are not obliged to accept the Device should you seek to return the Device after the Extended Period.
  5. In any event if the Device is returned to us but the same is not in good working condition,
    1. we shall be entitled to charge you for any cost of repair to make good of the Device; and
    2. notwithstanding sub-paragraph (a), we may, at our sole discretion, decide not to accept the return of the Device irrespective of whether you wish to pay for the cost of repair, where we determine that the condition of the Device is not acceptable to us. In such instance, you will be charged the Device non-return fee as stated in the Registration Form. Upon payment of the Device non-return fee by you to us, the Device shall be regarded as belonging to you.
  6. The payment of the Device non-return fee (if any) by you is without prejudice to any other charges and fees due to us including charges under the Hotlink Postpaid plan and Device remaining balance charges. It shall be your obligation to return the Device in accordance with the terms and conditions stated herein.

Device Warranty

  1. We will not be responsible to replace the Device or any part thereof that is lost, stolen, damaged or defective (regardless such defect is a manufacturer defect or due to the reason of installation of unauthorized app). You shall be responsible for the repair and maintenance of your Device. Repairs shall be subject to the applicable warranty issued by the manufacturer.

Waiting Period

  1. A minimum 3-month waiting period is applicable to you for this Offer if you are:
    1. a new customer of Hotlink; or
    2. an existing customer of Maxis/ Hotlink who subscribed to any device contract with us is eligible to take up more than 1 device contract under the same Malaysian identity card number or passport number, but each device contract must be 3 months apart.