Terms of Conditions

All terms that are in BOLD are defined at the Definitions section located at the end of this document.

1. GENERAL

1. The Service(s) are made available to you by TagForm and Maxis, subject to the following:-
  1. this General Terms & Conditions (“GTC”) which applies to all Service(s);
  2. the Summary Terms & Conditions for the GTC (“STC”);
  3. the Service Specific Terms & Conditions (“SSTCs”) which are the specific terms and conditions for a particular Service(s) subscribed by you;
  4. Maxis Fair Usage Policy;
  5. policies and procedures applicable to the particular Service(s); and
  6. all other documents either expressly referred to in any of the documents stated above or as may be entered between the parties;
    (collectively referred to as “Agreement”) which shall be read together.
2. You shall be deemed to have accepted and be bound by the Agreement, as amended from time to time, and such other terms and conditions as we may impose from time to time upon Activation of the Service(s) to you and shall continue to be in force and effect until the Agreement is terminated or expires in accordance with the terms of the Agreement.
3. This GTC supersedes and substitutes all previous general terms and conditions for the Service(s) you have with Maxis unless otherwise specified.
4. Any conflict and/or inconsistency between the terms and conditions of the STC, GTC and the applicable SSTCs shall be construed in the following order of precedence (in descending order):
  1. SSTC;
  2. GTC;
  3. STC.
5. For the avoidance of doubt, any conflict and/or inconsistency between any other additional document(s) shall be construed in accordance with the order of precedence stated in the additional document(s).

2. BECOMING OUR CUSTOMER

1. To be eligible to subscribe to the Service(s), you must be a Business Customer. Each particular Service may have additional eligibility requirements as set out in the SSTC and such eligibility requirements shall be in addition to those set out in this GTC. You hereby acknowledge and agree that the Service(s) is meant to be provided to our Business Customer and the Service(s) are not provided or consumed for personal or household purpose, use or consumption.
2. Notwithstanding Clause 2.1, on your application to us for the Service(s), we will determine, at our sole and absolute discretion, if the Service(s) may be made available to you.
3. We may decline to make available or supply the Service(s) to you based on reasons which may include but is not limited to the following:
  1. your eligibility for the Service(s) is not met;
  2. the non-availability of the Service(s), in which case your application will be kept in our records as an application pending availability of the Service(s); and/or
  3. your failure to comply with our credit and registration requirements.

3. YOUR RESPONSIBILITIES AND OBLIGATIONS

Your use of the Service(s)

1. You are fully responsible for use of the Service(s) and/or Content disseminated through the Service(s) and/or your account(s), whether by you or by any third party.
2. You are required to:-
  1. 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, business and/or contact particulars;
  2. ensure compatibility of Your Equipment, Mobile Equipment and/or Mobile Device with Maxis system and where applicable ensure that you have obtained all required consent for installation of Your Equipment and Maxis Equipment at the Premises;
  3. comply with all applicable laws of Malaysia, including but not limited to the Communications and Multimedia Act 1998, its subsidiary legislation, standards, codes (including Content Code of the Communications and Multimedia Content Forum, which can be found at http://www.cmcf.my), notices, guidelines and/or restrictions issued by the government, regulatory agencies and/or Maxis or other Service Providers on the use of the Service(s) or any telecommunication system and equipment;
  4. comply with all notices or directions issued by us from time to time for the effective implementation, delivery and/or provision of the Service(s); and
  5. take all reasonable steps to prevent spamming, fraudulent, defamatory, offensive, improper, immoral and indecent actions and/or illegal use of the Service(s).
3. In the use of our Service(s) you agree:
  1. not to use or allow any part of the Service(s) to be used:
    1. in spamming by sending unsolicited or unwelcome or bulk electronic mail or messages to anyone or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations or otherwise cause excessive or disproportionate load on the Service(s);
    2. to advertise, transmit, store, post, display, or otherwise make available pornographic materials and/or any form of child sexual abuse material;
    3. for any illegal or improper purposes such as, but not limited to, vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character;
    4. for any purpose which is against public interest, public order or national harmony;
    5. to publish or transmit defamatory, infringing, obscene or unlawful material;
    6. to forge or misrepresent message headers (in whole or in part), to mask the originator of the message or employing any other method to disguise or mislead any user name or the source or quantity of the emails transmitted;
    7. 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;
    8. 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 servers or Network or Service Providers’ servers or network;
    9. 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 updating software that is known to be vulnerable to malicious activity or exploitation;
    10. to violate any party’s rights or affect other users' enjoyment of or access to any Service(s) or cause annoyance, harassment, abuse, threat, irritation, inconvenience or anxiety to anyone, including but not limited to denial-of-service attacks, pinging and mailbombing, fraud or pirating software;
    11. in any way which infringes an individual’s privacy or other personal rights or any party’s intellectual property rights;
    12. to engage in any activity that we determine to be harmful to our customers, operations, reputation, goodwill or customer relations;
    13. for resale or otherwise to be provided to third parties without our prior written consent, whether for profit or not;
    14. in violation of any laws relating to unfair competition, anti-discrimination or false advertising; or
    15. in contravention of any usage policies which may be stipulated by Maxis from time to time.
  2. Other than as allowed under the Service(s), not to 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), whether tradable or otherwise;
  3. To comply with the Licensor’s terms and conditions including but not limited to any end-user licence agreement or any other terms in connection with the grant to you of any right or licence to use the Service(s), and ensure that your end user will comply with the same;
  4. To always use caution when giving out any personally identifiable information about yourself, your Personnel or your customers via the Service(s);
  5. Not to carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to the Service(s) without our prior written consent;
  6. To retain the Service(s) at all times in the custody and control of yourself and not permit any third party to use the Service(s). Notwithstanding the foregoing, use of the Service(s) by any third party shall be deemed to be use of the Service(s) by you which you shall be liable and responsible for;
  7. To be solely responsible for any Content transmitted or broadcasted (whether authorised by you or not) and the security of any data/information retrieved, stored or transmitted and managing the use of the storage capacity for your data/information to ensure it is within the capacity allocated to you. We are not liable for any unauthorised access to any data/information notwithstanding the cause of such unauthorised access and shall have no obligation to back up or manage the data/information;
  8. Not to suspend the Service(s) at any time unless otherwise allowed by Maxis;
  9. Where the Service(s) may be accessed through mobile application and/or web application, to access the Service(s) via the interface provided by TagForm and/or Maxis and not by any other automated means or interfaces which you do so at your own risk;
  10. To use the Service(s) including uploading and providing information and data through the Service(s) at your own risk;
  11. Not use or permit the use of the Service(s) or install, connect, link or use or permit the installation, connection or linking or use of any unauthorised equipment and/or software with the Service(s) in contravention of any law;
  12. To use the Service(s) according to the specifications, guidelines and recommendations and shall immediately disconnect or cease to use the Service(s) at our request;
  13. To be adequately insured with a reputable insurer against all risks which a prudent person carrying on its business would insure against; and
  14. To be responsible for obtaining and maintaining all licences, permits, consents, authorisations required and any other rights for Your Equipment and software in your name and at your expense in order for you to use the Service(s).
4. We may, at our discretion (but not obliged to), 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, false, defamatory, menacing, abusive, offensive, obscene, indecent, threatening, harassing, objectionable or illegal or infringe any party’s intellectual property rights.
5. We make no warranty as to the accuracy, reliability or quality of any Content accessed and/or obtained through the Service(s).
6. You undertake, represent, and warrant that: (a) you have the power to enter into and observe your obligations under the Agreement; and (b) you have not relied on any representations made by Tagform, Maxis or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity materials supplied by Maxis and Tagform.

4. DEPOSIT

1. We may, at our discretion:
  1. require a deposit or upfront payment from you as security for the performance of your obligations to us;
  2. with notice require you to increase your deposit from time to time; and
  3. use the deposit at any time to offset any outstanding Charges and any amounts due under any account with us.
2. Any balance will be refunded to you after termination of the Agreement and payment of all outstanding amounts due to us.
3. A 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

5. BILLING & PAYING FOR SERVICES

1. 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.
2. If the 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).

Biling

1. You will be charged for the Service(s) in accordance with Maxis’ pricing plan found in the Registration Form, SSTCs or on our official website. Upon expiry of the plan, you will be charged Maxis’ current prevailing rates for the Service(s).
2. We may introduce other modes of billing from time to time by giving you prior notice.
3. 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.
4. Any plans that you registered is under the contract bind to Maxis. TagForm is just an authorised dealer that deals with customers registrations only.
5. 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.

Where you opt for payment through Direct Debit and Maxis Pay (for Services(s) other than prepaid services)

1. Where payment for Charges is made by way of Direct Debit and/or Maxis Pay, you confirm and agree that:
  1. the information you provide us is true and accurate;>
  2. the Card you choose for Direct Debit 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 and/or Maxis Pay;>
  3. 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;>
  4. the Card is valid and has not expired and will remain valid and unexpired throughout the duration of your use of Direct Debit and/or Maxis Pay; and>
  5. the Card has not been suspended or terminated.
  6. 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 and/or Maxis Pay.
  7. We are entitled at our discretion to approve or reject applications for Direct Debit 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, self-serve payment kiosks, payment outlets/channels, Pos Malaysia, online services or banks’ payment channel.
  8. You expressly authorise us to:
    1. verify information supplied for registration with the Card Issuer or any third party as may be necessary;
    2. 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 and/or Maxis Pay;
    3. share your information contained in our database on 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.
  9. We will not be liable to you:
    1. if the Card is not honoured by the Bank or the Card Issuer;
    2. if provision of or authorisation to the Cardholder for Direct Debit and/or Maxis Pay is denied/refused or suspended at any time by any party for any reason; or
    3. if we are unable to or delay in providing Direct Debit and/or Maxis Pay for any other circumstances beyond our reasonable control (e.g. power failure).
  10. You confirm and agree that Direct Debit 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.
  11. Notwithstanding a transaction may have been completed via Direct Debit 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:
    1. the transaction is cancelled for any reason by the Bank or the Card Issuer;
    2. the transaction is found to be incomplete, illegal or fraudulent;
    3. the transaction is a “Declined Authorisation” or one with a non-corresponding authorisation code;
    4. the transaction sum or part thereof exceeds the Cardholder’s authorised credit limit;
    5. the relevant Card has expired, is terminated or invalid for any reason;
    6. the transaction was entered into without authorisation of the Cardholder or the Cardholder disputes the transaction or denies liability;
    7. 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;
    8. the performance of the Direct Debit 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
    9. at our, the Bank’s or the Card Issuer’s discretion.
  12. 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.

6. CONTENT, PRODUCTS AND SERVICE(S) PROVISIONED TO YOU ON FREE A TRIAL BASIS

1. 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 or as notified by Maxis will constitute notice of the Charges.

7. PROMOTIONS

1. 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.
2. 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.

8. MOBILE NUMBER AND SIM CARD

1. 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. You must not resell or allow anyone to modify and/or tamper with the Mobile Number and the SIM Card. In addition, you shall ensure that the SIM Card is used fully in compliant with all applicable laws
2. The Service(s) and/or features to be provided under the SIM Card will depend on the type of Mobile Equipment or Mobile Device used by you.
3. You must not change or transfer your Mobile Number and/or SIM Card to any other person without our prior written approval.
4. 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 with respect to the additional SIM Card.
5. You agree to be fully responsible for usage of the SIM Card and Charges incurred including the use by any other person whether or not authorized by you.
6. 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.
7. 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 and/or Mobile Number. Maxis is not responsible or liable for any loss, damage, costs, personal injury or expenses arising directly or indirectly from the loss, theft, cloning and/or unauthorised use of the SIM Card. Replacement of a SIM Card is subject to payments as may be prescribed by us.

9. PRINCIPAL LINE HOLDER AND SUPPLEMENTARY LINE(S)
[This Clause shall apply if you subscribe for mobile telecommunication Service(s)]

1. 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) upon the 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.
2. The principal line holder and supplementary line user(s) shares the credit limit where the supplementary line(s) are registered in the same account.
3. All principal line holders of selected postpaid plans as published on our website with the prior written consent of a Business Customer are eligible, to apply for a separate account with separate billing, credit limit and other conditions for existing and new supplementary line user(s) under the principal line holder’s account.
4. For supplementary line(s) users, billing shall be sent to the principal line holder’s address unless otherwise informed.
5. 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.
6. The supplementary line user will have access to check account information and to subscribe to Maxis’ postpaid value added services with the consent from the principal line holder and/or the Business Customer. The principal line holder, will be responsible for all such charges or subscription(s) by the supplementary line holder.
7. 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.
8. We may bar or terminate all lines in your account for any reason whatsoever including situations where any supplementary line user(s) in a separate supplementary account structure defaults in payment.

10. MOBILE NUMBER PORTABILITY (MNP) - What you need to know about Mobile Number Portability.
[This Clause shall apply if you subscribe for mobile telecommunication Service(s)]

1. You confirm and agree that:
  1. the Mobile Numbers requested for Porting by you must be in the range of Mobile Numbers as approved by SKMM from time to time;
  2. the Mobile Number Portability request may be subject to a non-refundable porting fee;
  3. Mobile Number Portability is subject to existing geographic numbering requirements;
  4. 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;
  5. we may, upon receipt of a Port request, notify you by way of SMS the progress of your Port request; and
  6. 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.
2. You are allowed to Port from prepaid Service(s) 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.
3. 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 claiming through you for any loss or damage whether direct, indirect, special or consequential, or for loss of business, revenue, profits, goodwill, anticipated savings or wasted expenditure 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.
4. You are responsible for identifying the supplementary Mobile Numbers that you wish to Port along with your primary Mobile Numbers and to provide all information necessary to satisfy us to proceed with the Porting request.
5. 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 with us.
6. In the event of a Port to us, or Port withdrawal or Port reversal to the DNO, we:
  1. are not responsible for any period of outage of your Service(s) or any related ancillary Service(s);
  2. 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.
7. 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. You are also responsible to fully settle all outstanding bills from us in the event of a Port Out to another mobile Service Provider failing which your request may be delayed or rejected.
8. Provision of these Service(s) and the Agreement’s terms and conditions will only be effective upon Activation of the Mobile Number ported to us.
9. You expressly authorise us to disclose information regarding your Mobile Number to other telecommunication Service Providers to facilitate the Porting activity.

11. CHANGE OF RATE PLAN

1. You may request for a change of your rate plan from your existing postpaid Service(s) to any other Maxis postpaid plans subject to our discretion and the SSTCs applicable to you.
2. Your Mobile Number will be maintained upon you successfully changing your rate plan.
3. 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.

12. PERSONAL INFORMATION/PERSONAL DATA

1. You confirm and agree that you are aware and give your consent to Maxis and TagForm to process your Personal Data as defined under the Personal Data Protection Act 2010 in accordance with the Maxis Group Privacy Notice at https://www.maxis.com.my/privacy-statement
2. Where you are disclosing personal data of individual(s) to Maxis and/or TagForm for the purposes of the Agreement, you warrant and undertake that you have obtained the necessary consent of the individual(s) to disclose his/her personal data to Maxis and/or TagForm and for Maxis and TagForm to process the same in accordance with the Maxis Group Privacy Notice at https://www.maxis.com.my/privacy-statement . You also agree to take such further action or step as may be requested by Maxis and TagForm arising from this clause including procuring a written consent from the aforementioned individuals.

13. MAXIS RIGHTS

1. 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 as we deem fit without notice to you and we will not be liable to you or any third party for any loss (including loss of revenue), loss of Service or connectivity or inconvenience as a result thereof. Where reasonably practicable, we will endeavour to give you advance notice of such changes, be it through written notice, electronic mail, our bill, our website or such other form as we deem appropriate.
2. 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. In the event 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 thirty (30) days from Effective Date, failing which you will be deemed to have accepted the changes without condition.
3. In the event that you exercise your right to terminate, you will remain liable for all Charges, terminations charges, penalty fees (where applicable), interest and other ancillary charges.
4. 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.
5. We may by notice require you to pay any outstanding amount within seven (7) days from the date of such notice.
6. 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.
7. To the extent permitted by law, 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 or unlawful use of the Service(s).
8. We reserve the right at any time to disclose or share our database with our holding and/or subsidiary or related companies in order to provide the Service(s) to you or to any regulatory or other authorities upon their request.
9. We are entitled to manage your allocated bandwidth including without limitation 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.

14. INDEMNITY

1. You undertake and agree to indemnify, defend and hold TagForm and 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:
  1. any claims for libel, slander, defamation, invasion of privacy, infringement of patent, trademark, copyright, intellectual property right or other proprietary right, breach of confidence and/or breach of any law or regulation arising from or attributable to Your Equipment, data, use of Service(s) or your use of Maxis Equipment howsoever arising;
  2. use of Service(s) by any person using your Log-on Details with or without your consent and/or authority;
  3. any non-compliance with or breach of any provisions of the Agreement by you;
  4. any negligent or misconduct by you or any of your officers, employees, directors, contractors or agents;
  5. any damage to property or personal injury (including death);
  6. any unauthorised use or exploitation of the Service(s) not permissible under the Agreement or the law; and
  7. any Content, Application, Software or non-Maxis materials that you load into or use together with the Service(s) or create.

15. SOFTWARE LICENSE

1. We may licence 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, tamper, reverse engineer, make available, translate, adapt, or modify the Software in any way. You will not acquire any proprietary or ownership rights in and to the Software.
2. You shall only have a non-exclusive, non-assignable, non-transferable, limited and personal right and revocable License to use the Service(s).

16. COSTS, TAXES AND FEES

1. Each party bears its own costs in terms of any costs incurred in relation to preparation and legal review of the Agreement.
2. You are to bear all government taxes, levies, stamp duty and other costs imposed by law in relation to the Agreement and the provision of the Service(s) by us.
3. If GST or Service Tax is applicable to Service(s) or Our Equipment provided to you under the Agreement, we are entitled to charge the GST or Service Tax 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.
4. 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.

17. GOVERNING LAW

1. 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. Where any claims, proceedings, actions, suits or dispute arising or in connection with the Agreement is to be commenced or adjudicated in the courts of Malaysia, Maxis shall have the right to file any such action in any courts which has jurisdiction over the matter and you shall waive any objection on the ground of forum non conveniens.

18. ANTI-BRIBERY AND CORRUPTION

1. You agree that you shall comply, and/or shall procure and/or ensure that your directors and/or employees, subcontractors, agents or other third parties who are performing services and/or carrying out your obligations in connection with the Agreement to:-
  1. comply with all laws and/or regulations in Malaysia or any other jurisdiction relating to anti-bribery and corruption;
  2. have in place throughout the term of the Agreement your own anti-bribery and corruption policies and procedures including adequate controls and accurate records of transactions to meet the requirements of such laws;
  3. provide truthful and complete statements (with no material omission) and/or documentation to TagForm and Maxis and have to-date provided truthful and complete statements (with no material omission) and/or documentation to TagForm and Maxis, and will ensure that there are adequate supporting documents, in reasonable detail, for the work performed under the Agreement and any expenses incurred and maintain true, accurate and complete invoices, reports, statements, books and other relevant records, and will provide the same (within a reasonable time) to TagForm and/or Maxis upon request.
2. In compliance with this clause, you agree that you shall ensure that your directors, employees, subcontractors, agents or other third parties are aware of and/or receive adequate training or refresher on the Maxis Code of Business Practice and anti-bribery and corruption laws and principles as may be requested by Maxis. You agree to furnish such relevant documents as may be requested by Maxis with respect to their compliance with this clause including signing the anti-bribery and corruption documentation.
3. Notwithstanding any provisions of the Agreement, if you, your directors, employees, subcontractors, agents or other third parties who are performing services and/or carrying out your obligations in connection with the Agreement breaches this clause, and/or is investigated for bribery or corruption, Maxis shall be entitled to terminate the Agreement with immediate effect without any liability with written notice to you.
4. You agree that you shall be liable to Maxis and TagForm and fully indemnify and hold Maxis and TagForm and/or its directors and employees harmless from and against any and all claims, losses, liabilities, damages, fine, penalty costs and expenses (including but not limited to legal fees on an indemnity basis) howsoever arising, as a result of (i) any breach of all laws relating to anti-bribery and corruption by you, your directors, employees, subcontractors, agents or other third parties and/or (ii) termination of the Agreement as a result of a breach of this clause.

Additional Terms and Conditions

Maxis Terms and Conditions are also applied in this terms and conditions which can be viewed at this link: https://business.maxis.com.my/en/terms-conditions/business/. Maxis Terms and Conditions will be updated periodically.

What the following words mean in the Agreement (Definitions):

“Activation” means either (a) the point in time when the Service(s) is activated in Maxis’ system, or (b) the point in time of the completion of installation in your premises, or (c) the point in time stipulated by Maxis as the date the Service(s) is activated, as applicable.

“Addendum(s)” means any addendum(s) or supplemental(s) executed and/or deemed accepted by the parties.

“Agreement” shall have the meaning prescribed in Clause 1.1 and shall include the Registration Form and any Addendum(s).

“Application” means a self-contained program, web-based platform or piece of software as a service application designed to fulfil a particular purpose;

“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) 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 if applicable, GST and Service Tax.

"Content" means all information, text, sound, music, software, photographs, videos, graphics, data, databases, images, animations, logos, button icons, audio clips, messages, links, listings 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 or published in any medium (whether written, graphic, sound, or otherwise).

“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 Agreement are posted on our official website.

“General Terms & Conditions” or “GTC” means these general terms and conditions of Service(s) (as may be amended from time to time, available in our website at www.maxis.com.my/tnc/business).

“Intellectual Property” means all copyrights, patents, trademarks, tradenames, industrial designs, logos, service marks trade secrets, know-how and other intellectual property or propriety rights (whether registered or unregistered) in or related to Maxis, any Service(s), our Network, system or Software or Our Equipment and all applications and registrations for and extensions and renewals of such rights or any of them, anywhere in the world.

“Licensor” means the third party licensor of any intellectual property forming any part of 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 Fair Usage Policy” means the policy which sets out an acceptable level of conduct between Maxis and its customers using the Service(s), available on Maxis’ website at https://business.maxis.com.my/terms-conditions/business/business-solutions/maxis-fair-usage-policy/.

“Maxis” or “us” or “we” or “our” means Maxis Broadband Sdn. Bhd. Registration No. 199201002549 ((234053-D)) and TagForm Sdn. Bhd. Registration No.(1161450-W), and/or its Related Corporation(s), as may be applicable, and includes their successors, assigns, employees and agents.

“Maxis Group Privacy Notice” means the Maxis Group Privacy Notice available on Maxis’ website at https://www.maxis.com.my/privacy-statement.

“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 Device” means a mobile telephone or wireless device that requires SIM Card which facilitates the use of the Service(s).

“Mobile Equipment” means a wireless device or equipment with a transmitter and receiver, such as but not limited to compliant and certified computers, laptops, modem, MiFi or Mobile Device (if the equipment is not from Maxis) or any equipment certified by Maxis to be compliant with the Service(s) which facilitates 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.

“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 including but not limited to any device, equipment, Software, network terminating equipment, routers, cables, wires, dongle, dect phone, modem, SD-WAN CPE, WiFi Access Point, switch and other ancillary equipment excluding Your Equipment, which we may provide 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.

“Our Website” means www.maxis.com.my.

“Personal Information”/“Personal Data” includes your Information collected from you, 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.

“Personnel” means employees, directors, officers, subcontractors, representatives and agents.

"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, 2016.

"Service(s)" means any telecommunication services, internet services, broadband services, products, offers, mobile content services, Applications or any other services (including, where relevant, cabling, construction and connection service in order for you to have access to the Service(s)), which we provide to you including any plans, packages, value-added, supplemental or additional Service(s), from time to time.

"Service Provider" means any third party service provider involved in providing the Service(s) to you, including without limitation any network operator or telecommunication service provider or an independent Software or Software applications supplier who can be an individual or business that builds and develops an Application.

“Service Specific Terms & Conditions” or “SSTCs” means the specific terms and conditions in respect of any Service(s), available in our website www.maxis.com.my/tnc/business 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 governing the use of such specific equipment and/or specific Service(s) (as may be amended from time to time, available in our website at www.maxis.com.my/tnc/business).

“Service Tax” means service tax under the Service Tax Act 2018;

“SIM Card” means either a card or plug-in module with a microchip which contains all necessary information. The SIM Card has to be inserted into a device in order for a call to be made for mobile telecommunication Service(s) or for data or SMS to be transmitted for other Service(s).

“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 (Act 589).

“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 this GTC (as may be amended from time to time, available in our website at www.maxis.com.my/tnc/business).

“Working Days” means, save for the states of Kedah, Johor, Terengganu and Kelantan, Mondays to Fridays excluding public holidays, Saturdays and Sundays. In relation to the states of Kedah, Johor, Terengganu and Kelantan, Sundays to Thursday excluding public holidays, Fridays and Saturdays.

“you” or "your" means a business, a sole proprietorship, partnership, company, association, societies or any corporate entity (collectively herein referred to as “Business Customer”) 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. This includes and refers to individuals who are employees or contract staffs of Business Customer 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 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 without limitation, 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).

“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).

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