Version [14 Dec 2015]
*All terms in BOLD are defined at the Definition section located at the end of this document.
The Service(s) are made available to you by Maxis, subject to these General Terms & Conditions ("GTC"). This GTC replaces and substitutes all previous terms and conditions you have with Maxis. Any specific Service(s) you use are subject to the GTC as amended and/or supplemented by the applicable Service Specific Terms & Conditions ("SSTCs") (which prevails over the GTC).
Upon Activation of the Service(s), you are deemed to have accepted and be bound by this GTC, Summary Terms & Conditions, SSTCs, Maxis Fair Usage Policy and such other terms and conditions as we may impose from time to time and the Agreement shall be in force from Activation of the Service(s) and continue until terminated in accordance with the Agreement.
- BECOMING OUR CUSTOMER
- To be eligible for the Service(s), you must be at least 18 years old and have the ability to contract. On your application to us for the Service(s), we will verify to determine, at our discretion, if the Service(s) may be made available to you. If the Service(s) cannot be supplied, your application will be kept in our records as an application pending availability of the Service(s) in your area.
- We may decline supply of the Service(s) to you based on reasons which include your eligibility for the Service(s), the SSTCs, the availability of the Service(s) and your compliance with our credit and registration requirements.
- YOUR RESPONSIBILITIES AND OBLIGATIONS
Your use of the Service(s)
- You are fully responsible for use of the Service(s) and/or Content disseminated through your account(s), whether by you or by any third party.
- You must ensure at all times that your Mobile Device, SIM Card and Mobile Number are lawfully owned/used/possessed in compliance with all laws or regulations of Malaysia.
- You are required to:
- provide us with accurate and complete information and inform us in writing immediately of any changes to such information provided, including any changes in your address and/or contact particulars;
- ensure compatibility of your Equipment with our system and where applicable ensure that you have all the required consent for installation of the Equipment at the Premises;
- comply with all applicable laws of Malaysia, including the Communications and Multimedia Act 1998 and any other requirements, codes, notices or restrictions issued by the government, regulatory agencies (e.g. Content Code of the Communications and Multimedia Content Forum, which can be found at http://www.cmcf.my) and/or Maxis or other Service Providers on the use of the Service(s) or any telecommunication system and equipment;
- comply with all notices or directions issued by us from time to time; and
- take all reasonable steps to prevent spamming, fraudulent, defamatory, offensive, improper, immoral and indecent actions or illegal use of the Service(s).
- In the use of our Service(s) you agree:
- not to use or allow any part of the Service(s) to be used:
- to advertise, transmit, store, post, display, or otherwise make available pornographic materials and/or any form of child sexual abuse material;
- for any illegal or improper purposes;
- to forge or misrepresent message headers (in whole or in part), to mask the originator of the message or employ any other method to disguise or mislead any user name or source or quantity of the emails transmitted;
- to advertise, transmit, post, facilitate or solicit any Content, product or service that contains malware or any other harmful, damaging or destructive programmes or software or make them available;
- to make or attempt any illegal or unauthorised access to any part or component of the Service(s), the Network or any third party equipment, accounts, systems or networks whether directly or otherwise; or to carry out or attempt any activity (including preparatory work) involving system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on our Network or its Service Providers' servers or network;
- to disrupt or undermine the security of the various networks and systems that are connected to the Service(s) or violate the regulations, policies or procedures of such networks. This may include any failure to update software that is known to be vulnerable to malicious activity or exploitation;
- to violate any party's rights or affect other users' enjoyment of or access to any Service(s) or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone, e.g. denial of service attacks, pinging and mailbombing, fraud or pirating software;
- in any way infringe an individual's privacy or other personal rights;
- to engage in any activity that we determine to be harmful to our customers, operations, reputation, goodwill or customer relations; or
- for resale or otherwise to be provided to third parties without our prior consent, whether for profit or not.
- other than as allowed under the Service(s), you will not use, copy, disseminate or provide any information or Content or any parts or derivatives thereof (whether in its original or adapted form) received as part of the Service(s), for purposes of creation of any commercial products, whether tradable or otherwise.
- We may, at our discretion refuse or remove access to any Content, products or services which you transmit, make available, access, use or acquire via the Service(s), including those which may or are alleged to contravene the laws of Malaysia, improper, defamatory, offensive, indecent, objectionable, illegal or infringe any party's intellectual property rights.
- We make no warranty as to the accuracy, reliability or quality of any Content obtained through the Service(s).
Your usage of the Service(s) where it affects our Network
- You must not use or allow any part of the Service(s) to be used for any activity which would or is likely to:
- generate Network traffic in excess of reasonable and normal usage or cause congestion to our Network;
- cause other users to be affected in their enjoyment and/or use of the Service(s); and/or
- cause any disruption, interference, interruption or degradation in the Network or the Service(s).
- Security related to the Service(s)
Security related to the Service(s)
- Where user identification is necessary to access the Service(s), you must use the requisite user identification. You must ensure the security and secrecy of your login identification, passwords, PIN or email or other accounts given to, chosen by or owned by you. You must ensure that these are not revealed to any third party as you are fully responsible for all activities that occur thereunder, whether such activities were carried out with your express consent and/or knowledge or otherwise.
- We may refuse, change or remove login identification, password(s) or PIN which we deem inappropriate.
- If you discover or suspect any unauthorised use or disclosure of your login identification, password(s) and/or PIN or that your account security has been compromised, you must immediately inform us and change your password(s) and/or PIN.
- You are advised to change your password(s), PIN or any other security identification regularly and to set up security of computers and any servers that may run on the computers to protect your own security.
- The security of your account, Equipment, network and systems, including any Content stored, sent or received through these mediums, is your own responsibility. You agree that we cannot guarantee and will not be liable for and we disclaim any and all liabilities with regard to any transmission, information or Content through the Service(s) or our Network. You agree that we will not be held liable or responsible in any way for any prohibited and/or unauthorised use of the Service(s).
- You must report immediately to us (within 24 hours) upon discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to your Mobile Phone, Mobile Device, Mobile Number or SIM Card, our Equipment or Your Equipment and its use in respect of the Service(s). You agree to lodge and provide us a certified copy of a police report, if needed. You will remain responsible for all transactions and access using the account and/or Log-on Detail by any third party whether authorised by you or not, until the report is formally made to us. You agree we will not be liable for any unauthorised access to your data even where the access occurs as a result of a fault in our Network or any other equipment or software owned, operated or supplied by Maxis.
- We are not responsible in any way for and do not endorse any third party services and/or products.
Installation of Equipment (for applicable Service(s))
- You must obtain and maintain at your own cost all necessary Equipment required to access and use the Service(s) including hubs, routers, servers (for networking purposes), compliant and certified modem or any Equipment which is compliant with the Service(s).
- Where you request for our appointed contractor to conduct additional services not covered under the Service(s), (e.g. non-standard cabling or wiring or technical investigation to identify and rectify any problem arising from your Equipment) you will bear all costs and expenses imposed by the contractor.
- We and/or our appointed contractor will not be responsible or liable in any way to you and/or any other party for any additional support services provided by the appointed contractor; and/or for any technical problems; loss, interruption or unavailability of the Service(s); loss or damage to any property (including your Equipment or instrument); or injury to any person howsoever caused (including negligence).
- If there are any interruptions, loss or unavailability of the Service(s) and/or any technical faults encountered with Our Equipment, you may request for technical support and basic troubleshooting of the same from us. If upon visiting your Premises, we and/or our appointed contractor determine that such interruption, loss or unavailability of the Service(s) is not attributable to or caused by any fault in Our Equipment or our Network, we are entitled to impose Charges at rates as prescribed by us from time to time.
Our Equipment and Your Equipment (For applicable Service(s))
- The provision, sale, lease or rental of Our Equipment is subject to stock availability.
- You will, without charges, provide access to your Premises and space, power feed and such reasonable assistance as required to install Our Equipment and from time to time maintaining the Network. Where possible, we will give you reasonable advance notice of the required access.
- You must take all appropriate measures to protect and safeguard Our Equipment, your Equipment, data and network.
- In respect of Our Equipment, you must:–
- adhere to all instructions and notice given by us and any relevant authority on the use of Our Equipment;
- be responsible for all repair costs incurred in relation to Our Equipment howsoever caused;
- return Our Equipment in the same condition as was provided to you (except normal wear and tear) upon termination of the Service(s); and
- be liable to pay us for Our Equipment which you fail to return upon termination of the Service(s).
- We will always remain the owner of Our Equipment where Our Equipment is leased or rented to you. You must not resell or allow anyone to modify Our Equipment.
- We will not be liable for any loss or damage of your Equipment and/or other device(s) howsoever caused, including for Matters Beyond Our Reasonable Control whilst using Our Equipment and Service(s).
- We will not be liable if we are unable to replace Our Equipment to a similar model or type as provided to you previously. We are entitled to replace Our Equipment to any model or type available at the relevant time.
- We may impose a charge for the replacement of Our Equipment or any part(s) thereof if the replacement is not part of the warranty or where the warranty period has expired, irrespective of the cause of the damage to Our Equipment. Any attempt to repair, service or tamper with Our Equipment by personnel not authorised by us may invalidate the warranty and may result in an impaired user experience.
- CREDIT LIMIT
- Your use of the Service(s) including Mobile Device roaming charges under your account is subject to your credit limit and you are fully responsible to ensure your use of the Service(s) and other usage charges do not exceed your credit limit. At your request and/or when we deem fit, your credit limit may be reduced or increased subject to further terms and conditions. We are entitled to bar or suspend (without notice) the Service(s) or part thereof if you exceed your credit limit. We are not liable for suspension, barring of the Service(s) if the Charges incurred for your usage exceeds your credit limit. Any failure to suspend or bar the Service(s) will not operate as waiver of our rights. You must promptly pay for your Service(s) and other usage charges including any amount in excess of your credit limit.
- We may utilise any credit balance in the value of Ringgit Malaysia Ten (RM10.00) and below in a deactivated account (this amount may be changed from time to time) as administration fees for the Service(s) and/or other services as may be provided by us and/or our Related Corporations.
- PRINCIPAL LINE HOLDER AND SUPPLEMENTARY LINE(S)
- The principal line holder shall be solely liable for all charges incurred for and all outstanding amounts owing to us by any or all supplementary line(s) user(s) from Activation of the said supplementary line(s). As a principal line holder, you may terminate the Service(s)offered under the supplementary line by notice in writing to us. You will remain liable for all Charges incurred under the supplementary line(s), up to and including the effective date of termination. We are not obliged or responsible to verify the transactions of the supplementary line(s) holder(s) with the principal line holder.
- Subject to Clause 3, the principal line holder and supplementary line user(s) share the credit limit where the supplementary lines(s) are registered in the same account.
- All principal line holders of selected postpaid plans as published on our website are eligible to apply for a separate account with separate billing, credit limit and other conditions as stated under this Clause 4 for existing and new supplementary line user(s) under the principal line holder's account.
- For supplementary line users, billing shall be sent to the principal line holder's address unless otherwise informed.
- Savings or discounts between principal line holders and supplementary line(s) are not applicable to supplementary line users under a supplementary account structure that is separate from the principal line holder's account. You will be notified as and when the savings or discounts are applicable to the said separate supplementary account feature.
- The supplementary line user under a separate supplementary account structure will have access to check account information and subscribe to Maxis' postpaid value added services without prior notice to or consent from the principal line holder. The principal line holder will be responsible for all such Charges or subscription(s) by the supplementary line user.
- Under the separate supplementary account feature, only the principal line holder can apply for increase in credit limit for each supplementary line, international roaming services or any other Service(s) as may be determined by us from time to time.
- We may bar or terminate all lines in your account for any reason whatsoever including but not limited to situations where any supplementary line user(s) in a separate supplementary account structure defaults in payment.
- We may, at our discretion:
- require a deposit or upfront payment from you as security for the performance of your obligations to us;
- with notice require you to increase your deposit from time to time;
- use the deposit at any time to offset any outstanding Charges and any amounts due under any account with us.
- Any balance will be refunded to you after termination of the Agreement and payment of all outstanding amounts due to us.
- deposit does not relieve you from your obligations to pay any Charges, nor does it waive our rights to suspend, disconnect or terminate any Service(s) due to non-payment.
- BILLING & PAYING FOR SERVICES
- You are responsible to promptly pay for all Charges for the Service(s) under your account whether the Service(s) is or are used by you or a third party (whether with your consent or otherwise) and irrespective of whether it had exceeded your credit limit. The Charges include the payment of all the Service(s) charges and any other related charges due to Maxis pursuant to this GTC and SSTCs applicable to you. All Charges are payable in Ringgit Malaysia.
- If the Mobile Phone, Mobile Equipment or Mobile Device does not belong to you or if someone else is paying for the Charges, please obtain that person's consent before using the Service(s).
- You will be charged for the Service(s) in accordance with Maxis' pricing plan found in your SSTCs or on our official website. Upon expiry of the plan, you will be charged Maxis' current prevailing rates for the Service(s).
- We may introduce other modes of billing from time to time by giving you prior notice.
- You must ensure your bills are settled by the payment date set out in your bill. All Charges are due as soon as the bill is issued.
- Subject to Clause 20.1 below, we are entitled, without liability, to suspend, restrict, disconnect or terminate the Service(s) if any bill or part thereof remains unpaid after the payment date, whether such amounts exceed your credit limit or you have not received the bill. A reconnection fee or other Charges may be imposed on you for reconnection of the Service(s). You are liable for all legal, administrative and other costs for claims made by us against you.
- You continue to be responsible for and must pay all Charges during the period of any suspension, restriction, interruption or loss of the Service(s) whether or not at your request or caused by your default.
- You must inform us in writing, within fourteen (14) days from the date of your bill statement, if you wish to reasonably dispute your bill, failing which the bill will be deemed to be accurate. We will investigate such dispute and if the dispute is resolved in our favour, you must pay the disputed sum immediately and you may incur an administrative fee for the investigation, late payment interests, legal costs and collection expenses incurred by us. If we agree there is a mistake in your bill, we will adjust your next bill accordingly.
- If any charges remain unpaid after the due date, we may charge late payment interest at the rate of 1.5% per month on such overdue amount. We may waive or revise late payment interest or Charges at our discretion.
- If you use more than one of our Service(s), you will specify which Service(s) under your bill you are making payment for. If you do not identify the Service(s) for which payment has been made, we may allocate any payment you make towards any outstanding amount for any Service(s) in such manner and proportion as we deem appropriate. In addition, we are entitled to transfer any credit or debit balance under one account to another without prior notification to you. All payments will be applied first to bills in arrears, including interest and penalties, the balance, if any, to be applied to the current bill.
- In the absence of fraud or manifest error, we may rely on each bill as conclusive evidence against you of the accuracy and completeness of its entire content unless disputed in the manner stated above. You are responsible for paying all Charges without any counterclaim, deduction, set off or withholding.
Where you opt for payment through Direct Debit, Pay-By-Phone and Maxis Pay (for all Service(s) other than prepaid services)
- Where payment for Charges is made by way of Direct Debit, Pay-By-Phone and/or Maxis Pay. You confirm and agree that:
- the information you provide us is true and correct;
- the Card you choose for Direct Debit, Pay-By-Phone and/or Maxis Pay 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 Direct Debit, Pay-By-Phone and/or Maxis Pay;
- 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 Direct Debit, Pay-By-Phone and/or Maxis Pay; and
- the Card has not been suspended or terminated.
- There is an interval of at least fourteen (14) days from receipt by us of the completed registration form for the processing and activation of Direct Debit, Pay-By-Phone and/or Maxis Pay.
- We are entitled at our discretion to approve or reject applications for Direct Debit, Pay-By-Phone and/or Maxis Pay. You will be notified if your application has been rejected in which case payment must be made via other payment channels such as at the Maxis Centres, EPK machines, payment outlets/channels, Pos Malaysia, online services or banks' payment channel.
- You expressly authorise us to:
- (a) verify information supplied for registration with the Card Issuer or any third party as may be necessary;
- (b) forward your call transactions, billings and other details to the Bank, the Card Issuer and other relevant parties for and in connection with the Direct Debit, Pay-By-Phone and/or Maxis Pay;
- (c) share your information contained in our database with our Related Corporations, corporate shareholders, 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.
- 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 Direct Debit, Pay-By-Phone and/or MaxisPay is denied/refused or suspended at any time by any party for any reason; or
- if we are unable to or delay in providing Direct Debit, Pay-By-Phone and/or Maxis Pay services for other circumstances beyond our reasonable control (e.g. power failure).
- You confirm and agree that Direct Debit, Pay-By-Phone and/or Maxis Pay is only applicable for settlement of periodic Maxis bills and you agree that all and any other payments outside the periodic bill cycle will be promptly settled via other payment channels as set out in Clause 6.14 above.
- Notwithstanding a transaction may have been completed via Direct Debit, Pay-By-Phone and/or Maxis Pay 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;
- 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, Pay-By-Phone and/or Maxis Pay 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.
- The Service(s) may be automatically suspended, disconnected or terminated with immediate effect where the Card is cancelled by the Bank or the Card Issuer.
- INTERNATIONAL ROAMING
- Roaming Service(s) for Mobile Device (including data roaming) outside Malaysia is available in countries as stated on our website at www.hotlink.com.my. A deposit may be required for roaming Service(s) to certain countries.
- We reserve the right to determine whether you or a supplementary line user is eligible for and/or will be offered the international roaming Service(s).
- We and the operator of the visited foreign telecommunication services network shall not be liable for any loss or damage which you and/or a supplementary line user may sustain from or through the suspension/termination/interruption/loss of or inability to use the international roaming Service(s).
- You and/or a supplementary line user of the international roaming Service(s) shall be subject to all terms and conditions of the Agreement and such other terms and conditions as we deem fit as imposed from time to time including in respect of additional charges when using the international roaming service.
- PERSONAL INFORMATION/PERSONAL DATA
- The Maxis Group Privacy Statement will form an integral part of this GTC.
- You confirm and agree you are aware and give your consent to Maxis to process your Personal Data as defined under the Personal Data Protection Act 2010 and that your Personal Data will be used and/ or disclosed in accordance with the Personal Data Protection Act 2010 and the Maxis Group Privacy Statement at www.hotlink.com.my/pdpa and all Maxis Service Centres. Maxis may update the Maxis Group Privacy Statement from time to time. Where we change the Maxis Group Privacy Statement in a material way, we will notify you of the changes at www.hotlink.com.my/pdpa. By continuing to use the Service(s) and/or products after such changes, you are deemed to have accepted and/or consented to and/or to be bound by such revisions and/or modification of the Maxis Group Privacy Statement.
- MAXIS' RIGHTS
- We are entitled to make any alteration or changes to the Service(s) in whole or any part thereof, or withdraw or suspend, disconnect or terminate the Service(s) or any part thereof and we will not be liable to you or any third party for any loss (including loss of revenue), loss of Service(s) or connectivity or inconvenience as a result thereof. Where reasonably practicable, we will endeavour to give you reasonable advance notice of such changes, be it through written notice, electronic mail, our bill, our website or such other form as we deem appropriate.
- We are entitled at our discretion, from time to time, to vary, add to, remove or otherwise amend the terms and conditions of the Agreement or any part thereof. The prevailing terms and conditions of the Agreement and the Service(s) will be updated on our official website, whereby the terms and conditions on the official website will apply and supersede all previous versions. Any variations, additions or amendments will take effect on the date the variations, additions or amendments is posted on our official website, also termed as the "Effective Date". Your continued use of the Service(s) after the Effective Date of any changes to the terms and conditions of Service(s) and/or Agreement will constitute unconditional acceptance by you of such variations, additions or amendments and you will be bound by the same. If you do not accept such changes, you must inform us in writing within fourteen (14) days from the Effective Date. You must terminate our Service(s) by giving us due notice within twenty-eight (28) days from Effective Date, failing which you will be deemed to have accepted the changes without condition.
- If you exercise your right to terminate under Clause 9.2, you will remain liable for all Charges, termination charges, penalty fees, (where applicable), interest and other ancillary charges.
- We may at our discretion with prior notice vary the amount of deposit, fees and any Charges for the Service(s) or part thereof and to change the billing cycle. Please make regular checks on our official website for any changes in the Agreement.
- We may by notice require you to pay any outstanding amount within seven (7) days from such notice.
- We scan our documents for purposes of data security, further security measure for prevention of loss of documents, for efficient and better document management. You agree that all such scanned documents including the Registration Form, Agreement, and/or other applicable documents are relevant and admissible in evidence.
- We may extract any Short Message Service details, Personal Data or any other data from your account as evidence in court and/or when necessary if there is suspected and/or proven misuse of the Service(s).
- We are entitled to manage your allocated bandwidth including reducing your speed or suspending your bandwidth to the Service(s) to ensure fair access to all Maxis customers on the same network with or without prior notice to you as prescribed in the Maxis Fair Usage Policy.
- We may carry out any of the rights under Clauses 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, and 9.8 above in any manner deemed appropriate by us and we will not be liable to you or any third party for any loss or inconvenience for the same.
- CONTENT, PRODUCTS AND SERVICE(S) PROVISIONED TO YOU ON FREE A TRIAL BASIS
- Where Service(s) are provided on a free trial basis, you agree that upon expiry of the free trial period as per our Agreement, the full Charges for that Service(s) will apply. You agree that display of the applicable Charges for the Service(s) on our official website or applications will constitute notice of the Charges.
- If your subscription for Service(s) is made pursuant to a promotional package, you agree that all additional terms and conditions applicable to that package will apply. We reserve the right to withdraw without liability any promotional package at any time without assigning reasons.
- Where the promotional package involves a third party, you must also comply with all requirements imposed by that third party and we may take any action to protect their interests.
- MOBILE NUMBER PORTABILITY (MNP) – What you need to know about Mobile Number Portability.
- You confirm and agree that:
- the Mobile Numbers requested for Porting by you must be in the range of Mobile Numbers as approved by SKMM from time to time;
- the Mobile Number Portability request may be subject to a non-refundable porting fee;
- Mobile Number Portability is subject to existing geographic numbering requirements;
- only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended, terminated, blacklisted on the defaulters database and/or barred will not be eligible for Porting;
- we may, upon receipt of a Port request, notify you by way of SMS the progress of your Port request; and
- we may, upon receipt of a Port request, send you a validation SMS to confirm the Porting out process, wherein your failure to respond to the validation SMS may result in a Port request being rejected by us.
- You are allowed to Port from prepaid to postpaid Service(s) and vice versa. However, you agree and accept that all Porting requests are subject to our terms and conditions for new registration.
- You confirm and agree that all your services associated with the Mobile Number provided by the Donor Network Operator ("DNO"), including value added services, rate plans, charges and fees will be terminated when the SIM Card of the DNO is deactivated upon your successful Porting to the Recipient Network Operator ("RNO") and Activation of Maxis' SIM Card. We will not be liable or responsible to you or any third party for any loss or damage whether direct, indirect, special or consequential, or for loss of business, revenue or profits or of any nature suffered by you, or any other person, or any injury caused to or suffered by a person or damage to property by reason of termination of the DNO SIM Card and services associated with the Mobile Number provided by the DNO.
- You are responsible for identifying supplementary Mobile Numbers that you wish to Port along with your primary Mobile Numbers and to provide all information necessary for us to proceed with the Porting request.
- You confirm and agree that your request to Port your Mobile Number is a notice to terminate your subscription with the DNO. We will not be responsible or liable for any unsuccessful or failure to Port to us.
- In the event of a Port to us, or Port withdrawal or Port reversal to the DNO, we:
- are not responsible for any period of outage of your Service(s) or any related ancillary Service(s);
- are not liable to you or any person claiming through you for any damage, loss, costs or expenses or other liability in contract or tort or otherwise direct or indirect, in relation thereto.
- You will be responsible to fully settle all outstanding bills from the DNO. If there is non-payment by you of any outstanding bills from the DNO, the Service(s) with us may be disrupted.
- Provision of these Service(s) and the Agreement's terms and conditions will only be effective upon Activation of the Ported Mobile Number by us.
- In addition to Clause 8 and for purposes of the Porting activity, you expressly authorise us to disclose information regarding your Mobile Number to other telecommunication Service Providers to facilitate the Porting activity.
- SERVICE MIGRATION
- Service Migration shall be subject to the following:
- Maxis will be entitled to accept or reject your request for Service Migration;
- you may request for Service Migration from your current subscription of the prepaid Service(s) to postpaid Service(s) and vice versa and maintain your Mobile Number, at Maxis Centres and/or Maxis Exclusive Partners;
- you will not be charged for Service Migration;
- prior to Service Migration, you shall confirm your account status as reflected in the invoice issued by Maxis for any outstanding balance owed as well as any unbilled amount before and up to the date of your Service Migration (for postpaid Service(s)). If there is any overpaid amount of RM10.00 and above made by you, the overpaid amount will be refunded to you after deducting any outstanding amounts;
- you agree, as a Maxis postpaid customer, that any value added services you subscribed to shall be terminated upon Service Migration to the Maxis prepaid Service(s). If you are a Maxis prepaid customer, upon Service Migration to Maxis postpaid Service(s), you will have the option of continuing with the value added services you previously subscribed to as a Maxis prepaid customer, if available under the Maxis postpaid Service(s).
The airtime balance reflected in your prepaid account (if not expired) shall be transferred as credit balance into your newly registered Maxis postpaid account and reflected in your bill in accordance with the billing cycle;
- Maxis shall not entertain any dispute on the transfer of airtime or credit balance;
- all existing promotions including Free Airtime Rebate, Airtime Bonus and value added services enjoyed by you under your existing account shall be terminated and discontinued automatically upon your request and acceptance of the Service Migration; and
- upon successful Service Migration, you shall not be allowed to migrate back to your original plan until the completion of an entire billing cycle (if applicable).
- CHANGE OF RATE PLAN
- You may request for a change of your rate plan from your existing postpaid Service to any other Maxis postpaid/prepaid plans subject to our discretion and the SSTCs applicable to you.
- Your Mobile Number will be maintained upon you successfully changing your rate plan.
- If your change of rate plan is registered before your billing cycle, your bill shall be pro-rated from the date of the registration of the new rate plan.
- MOBILE NUMBER AND SIM CARD
- The Mobile Number and SIM Card will remain Maxis' property at all times and the property of the Mobile Number does not at any time pass to you. We grant you the right to use the Mobile Number and SIM Card for purposes of your usage of the Service(s). We may revoke the Mobile Number where the Service(s) is terminated or where you are in breach of any terms and conditions of the Agreement, unless the number has been Ported.
- The Service(s) and/or features to be provided under the SIM Card will depend on the type of Mobile Equipment, Mobile Phone or Mobile Device used by you.
- You must not change or transfer your Mobile Number and/or SIM Card to any other person without our prior written approval.
- You must register and obtain our prior approval if you intend to obtain a second or further SIM Card and pay all fees and Charges required for the new subscription. The Agreement will apply to the additional SIM Card.
- You agree to be fully responsible for usage of the SIM Card and usage Charges incurred including the use by any other person whether or not authorized by you.
- Maxis may reallocate, withdraw or change such Mobile Number as a result of applicable law or instructions from the relevant authorities, but will endeavour to take reasonable steps to prevent disruption.
- You must use all precautions to prevent loss, theft, cloning and/or unauthorised use of the SIM Card. If any of these things happen, you will immediately notify us of the same and you shall remain liable for all Charges incurred by use of the SIM Card, Mobile Number and/or Mobile Device. Replacement of a SIM Card is subject to payments as may be prescribed by us.
- We will only replace a defective SIM Card at no cost to you if the defect is proven to our satisfaction to be caused by the manufacturer within 12 months from the date of issuance of the SIM Card.
- You undertake and agree to indemnify and hold Maxis and its respective employees, directors, officers, suppliers, contractors and agents harmless from and against any and all claims, demands, actions, damages, loss, costs, charges, liabilities and expenses (including solicitor's fees and costs) of every nature directly and indirectly, arising out of or in connection with, including:
- any claims for libel, invasion of privacy, infringement of patent, trademark, copyright, intellectual property right or other proprietary right, breach of confidence, breach of any law or regulation arising from or attributable to your Equipment, data, use of Service(s) or your use of Our Equipment howsoever arising;
- use of Service(s) by any person using your Log-on Details with or without your consent and/or authority;
- any non-compliance with or breach of any provisions of the Agreement by you;
- any negligent or wilful act by you or any of your officers, employees, directors, contractors or agents;
- any damage to property or personal injury (including death); and
- any act or omission by you or any unauthorised use or exploitation of the Service(s).
- INTELLECTUAL PROPERTY
- You will not acquire any right in any and all our Intellectual Property.
- SOFTWARE LICENSE
- We may sell or otherwise provide you Software or you may access Software via the Service(s). You shall, by your use and/or possession of such Software, be deemed to agree not to copy, reproduce, make available, translate, adapt, or modify the Software in any way.
- DISCLAIMERS AND LIMITATION OF LIABILITY
- The Service(s) and/or Equipment are provided on an "as is" and "AS AVAILABLE" basis and you expressly confirm and agree that your use of the Service(s) and/or Equipment and your reliance on any Content obtained through the Service(s) is at your sole risk.
- You agree that no condition, warranty, guarantee or representation is given or made by Maxis or its employees, directors, officers, personnel, representatives and agents (collectively "Personnel"):
- as to the state, quality, description or otherwise of the Service(s) and/or Our Equipment; or
- as to the Service(s) and/or Our Equipment's fitness for any purpose, suitability, merchantability, or that they will not infringe any rights in law or contract; or
- which arises from a course of dealing, usage, law or trade practice; or
- as to performance of any equipment, Our Equipment or materials supplied in connection with the provision of the Service(s).
- Notwithstanding anything to the contrary herein contained, Maxis and our respective Personnel and/or suppliers will not be liable to you or any other party in contract or tort (including negligence) or otherwise in respect of any claim brought by you or by any third party for any loss of profit or revenue or loss of business or loss of data or for interrupted or suspended communications or for any direct, indirect, special, incidental, consequential damages, punitive damages, or for any injury caused or suffered by a person or damage to property or any damages arising out of or in connection with the Service(s), Our Equipment or the Agreement, whether or not Maxis, our Personnel or suppliers were or should have been aware of the possibility that such damage or loss would occur. The exclusion referred to herein applies to any action giving rise to an obligation, duty or liability. We disclaim any and all liability to the fullest extent allowed by law.
- Without limiting the generality of Clause 19.3, we will not be liable for:
- any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Service(s) and any claims arising out of any act or omission by you in relation to the Service(s) or any part thereof.
- any loss or damage caused to you as a result of the suspension/barring/termination, interruption or loss of the Agreement and/or the Service(s) or any part thereof from any cause.
- any loss, distortion or corruption of data arising from the use of the Service(s) to transmit data or for data communication purposes including any unlawful or unauthorised access to your transmission or data.
- interruption or unavailability of the Service(s), including through adverse weather conditions, electromagnetic interference, equipment failure or Network congestion.
- Without prejudice to the above, where a court or an arbitrator holds or finds us liable to you for any breach or default by us, you agree that the amount of damages payable by us to you will not at any time exceed the sum of RM500.00.
- SUSPENSION AND TERMINATION
- We will be entitled at all times to immediately suspend, disconnect or terminate the Service(s) or Agreement for any of the following reasons:
- if any technical failure occurs in the Service(s) or Maxis' Network;
- while the Service(s), our network or systems are being upgraded, modified or maintained;
- if you breach any of the terms and conditions of the Agreement;
- if you do anything which may in our determination, lead to, including, damage or injury to the Service(s) or Maxis' Network, systems and/or reputation;
- if we are required to do so by law, statute, enactment, regulations, code or by any relevant authorities;
- if it is in our determination that the Service(s) or the Network is or may be used fraudulently, illegally or for unlawful purposes in breach of the Agreement, even if it is shown to be otherwise;
- where you are adjudged a bankrupt or commit an act of bankruptcy;
- where you have relocated or have been relocated to an area outside our Service(s) coverage area.
- We will try to resume the Service(s) as soon as possible if suspension or disconnection occurs for the reasons set out in Clause 20.1(a) and (b) above. During the period of interruption, suspension or loss of the Service(s) or any part thereof for any reason, you will remain liable for any applicable Charges.
- Upon suspension, our reconnection of the Service(s) is subject to you paying a reconnection fee, all outstanding amounts due to us and any refundable deposit as required by us. If you have requested for suspension of your Service(s), we are entitled to terminate your suspended account where the suspension period continues beyond the allowed timeframe of our policy as stipulated on our official website from time to time.
- If any Service(s) is/are terminated, all other Service(s) (whether provided by us or other Service Providers which can only be provided through the Service(s)) would also be terminated or suspended, unless the SSTCs of the Service(s) provides otherwise.
- If Service(s) to the principal line holder is terminated or suspended, Service(s) to the supplementary user(s) will also be terminated or suspended.
- In respect of applicable Service(s), we are entitled to restrict access to the Service(s), suspend or terminate your account if you consistently use the Service(s) to download or upload extremely high volume data. The Service(s) is not designed for extremely heavy users, e.g. peer-to-peer applications or use of applications that may or will have a detrimental effect on Maxis' Network's performance and/or other customer's use of the Service(s).
- Unless your SSTCs are different, you may at any time terminate the Service(s) and Agreement by giving us prior notice in writing. If your notice to us ends during the applicable Minimum Period of Service or if we terminate the Service(s) or the Agreement pursuant to Clause 20.1 above and in addition to Clause 20.8 below:
- there will be termination Charges and, where applicable, prorated Charges for the Service(s), Equipment and/or additional items and costs for the remainder of the Minimum Period of Service; and
- you will compensate us for any damages or losses we may suffer because of your termination prior to the Minimum Period of Service.
- Upon termination of the Agreement by you or us, you will be liable for all and any Charges related to and in connection with the Service(s) up to and including the effective date of termination; and any other outstanding amounts related to the Service(s).
- If we provide Our Equipment to you for the Service(s), upon termination:
- you will immediately return to us all of Our Equipment used in relation to that Service(s) in good working condition, fair wear and tear only excepted; and/or
- we will be entitled to charge you the cost incurred by us in repossessing or acquiring a replacement of Our Equipment not returned or returned in a damaged or defective condition.
- Upon termination of the Agreement, all monies owing to Maxis by you in accordance with your account will become immediately due and payable to Maxis.
- MATTERS BEYOND OUR REASONABLE CONTROL
AgreementMatters Beyond Our Reasonable Control
- Either party may terminate the Agreement, by giving fourteen (14) days' written notice to the other party if the Matters Beyond Our Reasonable Control prevents either party from performing and/or continuing its obligations for more than a period of sixty (60) days.
- You will remain obliged to pay all Charges which are outstanding and/or due and payable to us in accordance with the Agreement.
- TRANSFERRING THE AGREEMENT
- You are not permitted to assign or novate any, or any part, of your rights and/or obligations under the Agreement to any party, without our prior written consent.
- You agree and consent that we may assign any, or any part, or all, of our rights under the Agreement to our Related Corporations or any third party by notice in writing to you.
- You further agree and consent that we may novate any, or any part, or all, of our rights and/or obligations under the Agreement, or the Agreement itself, to our Related Corporations or any third party by notice in writing to you. Your continued usage, after service of such notice on you, of the Service(s) will be deemed as your consent to continue with the Service(s) after such novation, and you agree to make all subsequent payments as instructed in such or any further notice.
- COSTS, TAXES AND FEES
- Each party bears its own costs in terms of any costs incurred in relation to preparation and legal review of the Agreement.
- You are to bear all government taxes, levies and other costs imposed by law in relation to the provision of the Service(s) by us.
- If GST is applicable to Service(s) or Our Equipment provided to you under the Agreement, we are entitled to charge the GST payable to the government on the Service(s) and/or any Service(s) or Our Equipment supplied to you. These taxes will be added to the bills issued to you.
- If GST is applicable as contemplated by Clause 23.3 above, we will:
- provide you information that may be reasonably required to establish the liability for GST; and
- provide a tax invoice as may be required by you.
- If any monies due under the Agreement by you to us is to be recovered through any process of law or if the said monies or any part thereof is placed with solicitors, you will pay (in addition to the said monies) our solicitors' fees and any other fees or expenses incurred or may be determined by the court of law.
- All communications and documents to be given by you to Maxis under the Agreement must be in writing and sent to the following address: Maxis Mobile Services Sdn Bhd or Maxis Broadband Sdn Bhd (as may be applicable), Level 21, Menara Maxis, Kuala Lumpur City Centre, off Jalan Ampang, 50088 Kuala Lumpur.
- The communications and documents, including legal process, given by Maxis to you will be deemed to have been served if:
- sent by registered post, on the second Working Day after posting irrespective of whether returned as undelivered;
- sent by ordinary post, on the fifth Working Day after posting irrespective of whether returned as undelivered;
- hand delivered, upon delivery;
- sent by facsimile, upon successful completion of transmission; or
- published in national daily newspapers in the main languages circulated generally throughout Malaysia.
- Pursuant to the Maxis Group Privacy Statement, you have given us your consent to receive from us and our merchants, and/or strategic partners, from time to time any offer and/or marketing/promotional information or notices (be it by way of letter, leaflet, pamphlet, electronic mail, phone messages or any other means of communication) relating to any of our Service(s), products and/or Equipment and that of our merchants and/or strategic partners, unless you notify us otherwise.
- GOVERNING LAW
- The Agreement will be governed by and construed in accordance with the laws of Malaysia. Parties agree to submit to the exclusive jurisdiction of the Malaysian courts.
- GENERAL PROVISIONS GOVERNING THIS AGREEMENT
- A right created under the Agreement may not be waived except in writing signed by the party granting the waiver. No delay or omission by either party to exercise any right under the Agreement will impair such right or be construed as a waiver thereof. A waiver by any party of any of the obligations to be performed by the other party or any breach thereof will not be construed to be a waiver of any succeeding breach thereto or of any other obligation.
- In the event of a conflict or inconsistency between the Summary Terms & Conditions, GTC, and the applicable SSTCs, such inconsistency will be resolved by giving precedence in the following order: the SSTCs, the GTC and the Summary Terms & Conditions.
- The Agreement constitutes the entire agreement between you and Maxis and supersedes all previous agreements, understanding, proposals, representations and warranties relating to the Agreement.
- Those Clauses which by their nature would survive the termination of the Agreement shall so survive, including Clauses 8, 9.3, 9.6, 9.7, 15.1, 16, 17, 18, 19.3, 19.4, 19.5, 20.8, 20.9, 20.10, 24.2, 24.3 and 25
- Time is of essence in performance of the Agreement.
- If any provision in the Agreement or the application thereof (other than a term or provision relating to any payment obligation) is held invalid or unenforceable, the remainder of the Agreement not so affected and/or capable of substantial performance will be valid and enforceable to the extent permitted by law.
- You agree that the Agreement will be for your benefit only and does not confer any rights or benefits to any third party and that there are no third party beneficiaries associated or connected to you as to this or any part or specific provision of the Agreement.
- An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body and any governmental agency.
- All provisions contained herein will be equally applicable to any and all supplementary lines subscribed by you.
- Notwithstanding anything to the contrary, you hereby agree to be bound by the Agreement, any policies and procedures and/or any variations, additions or amendments made thereto, as may be determined by Maxis at any time.
What the following words mean in the Agreement (Definitions):
"Activation" means either the point in time when the Service(s) is activated in Maxis' System or the point in time of the completion of installation in your premises, as applicable.
"Addendum(s)" means any addendum(s) or supplemental(s) executed and/or deemed accepted by the parties.
"Agreement" means the agreement for Service(s) made between Maxis and you in accordance with the GTC, the Registration Form, the Addendums, the SSTCs, the Summary Terms & Conditions, Maxis Fair Usage Policy, and Maxis Group Privacy Statement, policies and procedures of the particular rate plans or packages and all other documents which are expressly agreed to form part of the Agreement.
"Bank" means the banks or financial institutions nominated by Maxis from time to time.
"Card" means the credit or charge card (as applicable) nominated by you as payment for the Service(s) and accepted by Maxis.
"Cardholder" means the lawful and authorized user of the Card whose name is embossed thereon and whose signature appears on the Card.
"Card Issuer(s)" means any bank or legal entity which is the issuer for the Card.
"Charges" means all activation, connection, re-connection, disconnection, subscription, usage, installation, relocation, cancellation and administrative charges, advance payments, amounts in excess of your credit limit and other fees to be paid by you for or relating to the Service(s) or the Equipment and/or Our Equipment. The Charges will be in accordance with the rates in our prevailing tariff rates available on our official website, at our customer service centres, retailers or dealers or as mutually agreed in writing between you and us, exclusive of all applicable taxes including GST.
"Content" means all information, text, sound, music, software, photographs, videos, graphics, data, messages, links or other audio-visual representation, tactile representation, or any combination of the preceding which is capable of being created, manipulated, stored, retrieved, or communicated electronically.
"Mobile Device" means a wireless device together with accessories for the use of the Service(s).
"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.
"Donor Network Operator" or "DNO" means a mobile service provider from which a Mobile Number has been or is to be ported out.
"Effective Date" means the date the variations, additions or amendments to the GTC and/or Agreement are posted on our official website].
"Equipment" means the device, equipment, software and all facilities to be procured, installed and maintained by you at your premises in order to use the Service(s), including, cabling and wiring which is connected to the Maxis' Network as well as the horizontal cabling from your premises to Maxis' Network, hubs, routers, servers (for networking purposes), compliant and certified modem (if the Equipment is not from Maxis) or any Equipment certified by Maxis to be compliant with the Service(s).
"General Terms & Conditions" means these general terms and conditions of Service(s) (as may be amended from time to time, available in our website at www.hotlink.com.my/tnc
"GST" means goods and services tax.
"Intellectual Property" means all copyrights, patents, trademarks, tradenames, logos, service marks and other intellectual property or propriety rights in or related to Maxis, any Service(s), our Network, system or Software or Our Equipment.
"Matters Beyond Our Reasonable Control" includes but are not limited to acts of God, insurrection, war, act of terrorism, national or local emergencies, requirements of government or other competent authorities, industrial disputes of any kind, fire, lightning, explosions, flood, inclement weather, subsidence, acts or omissions of third party, third party suppliers, operators, service providers, contractors or agents whom we may use to perform any part of the Service(s), computer software malfunction, electrical power failure and/or interruption or disruption of the Network.
"Maxis Fair Usage Policy" means the policy which sets out an acceptable level of conduct between Maxis and its customers using the Service(s).
"Log-on Detail" means the user identification detail and accompanying password supplied to you under the Agreement for access to the Service(s).
"Maxis" or "us" or "we" or "our" means Maxis Mobile Services Sdn Bhd (Co. No.: 73315-V), Maxis Broadband Sdn Bhd (Co. No.: 234053-D) and/or its Related Corporation(s), as may be applicable, and includes their successors, assigns, employees and agents.
"Maxis Pay" means a service offered whereby your periodic official bill statement may be viewed, and you have the option to pay the outstanding amount using your Card for settlement.
"Minimum Period of Service" means such period as may be set out in our Service(s) Specific Terms & Conditions as contained on our official website.
"Mobile Equipment" means the equipment with a transmitter and receiver which does not contain any Personal Information/Personal Data for the use of the Service(s).
"Mobile Number" means the Mobile Station International Subscriber Directory Number (MSISDN).
"Mobile Number Portability"/"MNP" means the ability for customers to change from one mobile service provider to another and retain their Mobile Number.
"Mobile Phone" is composed of the Mobile Equipment and SIM Card which facilitates the use of the Service(s).
"Network" means network facilities and/or network services comprising of the system or series of system, equipment, software and facilities operated and/or owned by Maxis or through any other network deemed necessary to enable the provision of the Service(s) to you.
"Our Equipment" means any equipment, excluding your Equipment, which we may provide, sell, lease or rent to you to enable provision and usage of the Service(s) or which is otherwise needed for the provision and usage of the Service(s) to and by you.
"Pay-By-Phone" means the payment channel service via IVR or phone assisted by a customer service personnel.
"Personal Information"/"Personal Data" includes your Information, required for purposes of applying, subscribing and registering for the Service(s) offered to you by Maxis including the call data records or reports related thereto, including any sensitive personal data and expression of opinion(s) about you.
"PIN" means personal identification number.
"Port or Porting" means the transfer of your Mobile Number from one mobile service provider to another.
"Premises" means the property bearing the Service(s) address and is owned or occupied by you.
"Recipient Network Operator" or "RNO" means a mobile service provider to which a Mobile Number has been or is to be ported in.
"Registration Form" means your duly completed application form for registration to subscribe to the Service(s), which has been accepted and approved by us.
"Related Corporations" means the related corporations as defined under the Companies Act, 1965.
"Service(s)" means any telecommunication services, internet services, broadband services, any other services (including, where relevant, cabling, construction and connection service in order for you to have access to the Service(s)), products, offers, mobile content services or applications which we provide to you including any plans, packages, value-added, supplemental or additional Service(s).
"Service Migration" refers to the application by Maxis Postpaid customers to migrate to Maxis Hotlink or vice versa.
"Service Provider" means any third party service provider involved in providing the Service(s) to you, including any network operator or telecommunication service provider.
"Service Specific Terms & Conditions" means the specific terms and conditions in respect of any Service(s), available in our website www.hotlink.com.my/tnc or in the press, manuals and handbooks accompanying the use of the specific Equipment and/or specific Service(s) including promotional material and/or customer loyalty programme relating thereto, and any other terms and conditions which you and Maxis governing the use of such Equipment and/or Service(s) (as may be amended from time to time, available in our website at www.hotlink.com.my/tnc).
"SIM Card" for GSM Service(s) means either a card or plug-in module with a microchip which contains all necessary information. The SIM Card has to be inserted into the Mobile Equipment in order for a call to be made.
"SKMM" means the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM), also known as Malaysian Communications and Multimedia Commission, established under the Malaysian Communications and Multimedia Commission Act 1998 (CMA 1998).
"Software" means any software programmes provided to you as part of or through Our Equipment or Service(s), or which allow you to access or use the Service(s), including any software upgrades or updates.
"Summary Terms & Conditions" means the summary of these GTC (as may be amended from time to time, available in our website at www.hotlink.com.my/tnc).
"Working Days" means, save for the states of Kedah, Johor, Terengganu and Kelantan, Mondays to Fridays and Saturday (half day) excluding public holidays and Sundays. In relation to the states of Kedah, Terengganu and Kelantan, Saturdays to Wednesdays and Thursday (half day) excluding public holidays and Fridays.
"you" or "your" means the individual, sole proprietorship, partnership, company or entity named in our Registration Form whose application for Service(s) or any part thereof has been accepted and approved by us and who uses or intends to use the Service(s) (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.
"Your/your Information" means any information provided by you to Maxis, including those provided in the Registration Form and/or any of our registration channels for and/or subscription of our Service(s).