Version [1 July 2017]

1. General

   1. 1.1 The Service(s): Business Fibre Internet.
   2. 1.2 You: Business Customer signing up for the Service(s).
   3. 1.3 The use of the Service(s) is subject to the General Terms & Conditions (“GTC”), Service Specific Terms & Conditions (“SSTC”), Summary Terms & Conditions (“STC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all at www.maxis.com.my/tnc/business
   4. 1.4 Capitalised terms herein have the same meaning as defined in the GTC.
   5. 1.5 Any conflict or inconsistency between this SSTC, the GTC and the STC, shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.

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2. Definitions and Interpretation

   1. 2.1 Unless the context otherwise requires, the highlighted words shall have the following meanings:
      1. 2.1.1 “Maxis Maxpert” means Maxis certified and trained technical Personnel.
      2. 2.1.2 “Service Commencement Date” means the date on which Maxis notifies you that the Service(s) is ready for use and accepted by you.
      3. 2.1.3 “Site(s)” means the premise(s) designated by you under “Installation Address”, including the building(s) where the premise(s) is located, under or through which Our Equipment is to be placed for the provisioning of the Service(s).
      4. 2.1.4 “Term” means the period of twenty four (24) months commencing from the Service Commencement Date.

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3. Provision of the Service(s)

   1. 3.1 Upon receiving your application for the Service(s), within seven (7) working days, Maxis will review your application and inform you of the status of your application.
   2. 3.2 Upon acceptance of your application, within fifteen (15) working days, Maxis will install and activate the Service(s).
   3. 3.3 You are to give Maxis five (5) days’ advance notice for any rescheduling or cancellation of appointed date and time of installation agreed initially between you and Maxis. Maxis reserves the right to charge you RM200.00 for any late notification of the rescheduling or cancellation of the appointed installation date.
   4. 3.4 The Service(s) is an internet connection service running on a best-effort basis that is provided without any service level assurance. Fair Usage Policy shall apply.
   5. 3.5 Maxis does not guarantee or warrant the availability of the Service(s) or continuous, uninterrupted or secure access to the internet.
   6. 3.6 You shall be solely responsible for keeping an independent back-up of all data stored in the space allocated to you and for the data retrieved, stored or transmitted through the Service(s).
   7. 3.7 If there is an existing Broadband Termination Unit (“BTU”) installed at the Site(s), then the Service(s) will be installed and configured to the existing BTU.
   8. 3.8 The Residential Gateway Modem (“RGW”) that has been provided to you can only support up to 10,000 open sessions and is not available to replace the dedicated internet access line.
   9. 3.9 On the day of installation, Maxis Maxpert will be there to assist and provide advice on how to configure the setup for the Service(s).

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4. Charges

   1. 4.1 Upon acceptance of your application, you shall pay Maxis for the registration of the Service(s): (a) a deposit, which is one (1) month’s monthly recurring charge/access fee as per the offer made to you by Maxis and (b) advance payment of either one (1) month’s monthly recurring charges (for monthly billing) or three (3) month’s monthly recurring charges (for quarterly billing) as the case may be.
   2. 4.2 Upon activation of the Service(s) or Service Commencement Date and as stated in your 1st month’s statement, you are to pay Maxis, after deduction of the advance payment made: (a) a one-time installation charge of RM200.00 and (b) one (1) month’s monthly recurring charges (for monthly billing) or three (3) month’s monthly recurring charges (for quarterly bill) as the case may be.
   3. 4.3 The one-time installation charge includes external cables from the entrance up to the internal wiring for the first 15 meters for cables only. Any additional fibre/ethernet cable exceeding the first 15 meters shall be borne by you and this installation is categorised as non-standard installation.
   4. 4.4 For the above non-standard installation and other non-standard installations such as wiring above ceiling, underground and concealed wiring including cabling from building telecommunication room to your Site(s)(“Additional Services”), you may appoint your own contractor or deal directly with the appointed contractor/installer. The charges for the Additional Services shall be borne by you and payment will be made directly to the contractor/installer by you.

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5. Bundled Services

   1. 5.1 Service(s) with Wireless Backup (LTE/3G) (“Wireless Backup”)
      1. 5.1.1 The Wireless Backup is only valid for a subscription of Business Fibre Dynamic IP package.
      2. 5.1.2 While waiting for the Service(s) to be restored, you will be automatically connected to temporary internet through the RGW via Wireless Backup.
      3. 5.1.3 Other services such as Maxis Business Ethernet, Virtual Private Network and other value added services will not be working whenever the Service(s) are down. The Wireless Backup is only meant to provide an internet browsing experience.
      4. 5.1.4 You are strictly not allowed to remove the Maxis Equipment (including any SIM) from the RGW without Maxis’ written permission. In the event that the Maxis Equipment (including any SIM) is lost or broken, you will be charged accordingly for the replacement and delivery of Maxis Equipment. The charge will appear in the next monthly bill.
      5. 5.1.5 You are not allowed to downgrade during the minimum contract subscription period.
      6. 5.1.6 In the event the 3G signal coverage is low at your Site(s), Maxis will not provide the Maxis Equipment but instead Maxis will give a monthly rebate of RM10 to you.
      7. 5.1.7 The Service(s) with Wireless Backup is offered as a bundle package. Suspension or barring or termination of the Service(s) will also cause Wireless Backup to be suspended or barred or terminated at the same time.
   2. 5.2 The Service(s) with Business Voice Enhanced Unlimited (“BVE Unlimited”)
      1. 5.2.1 The BVE Unlimited talk time applies to domestic mobile/fixed on-net & off-net usage for BVE calls (excluding video calls, calls to special numbers, and calls to 1-300/1-700/1-600 numbers).
      2. 5.2.2 The BVE Unlimited talk time is for standard/normal person-to-person calls. It is meant for you to talk to another person. It is not meant for multiple simultaneous calling, re-supply, call centre usage, telemarketing, application-to-person communication, continuously call forwarding, auto-dialling, machine-to-machine communication or any other activity that Maxis considers to be non-standard usage.
      3. 5.2.3 The BVE Unlimited is provided at no cost to you if you are a MaxisONE Business Customer & FlexiShare Customer.
      4. 5.2.4 A charge of RM10.00 per month will be charged for non-MaxisONE Business Customers & non-FlexiShare Customers.
      5. 5.2.5 The Service(s) with BVE Unlimited is offered as a bundle package. Suspension or barring or termination of the Service(s) will also cause BVE Unlimited to be suspended or barred or terminated at the same time.

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6. Term and Termination

   1. 6.1 The minimum period of subscription for the Service(s) is twenty four (24) months unless otherwise agreed between you and Maxis.
   2. 6.2 Maxis may terminate this Agreement and/or the Service(s) for convenience by giving you thirty (30) days advance written notice.
   3. 6.3 If you relocate or upgrade the Service(s) during the Term, you are not liable to pay for the remainder of the monthly recurring charges for the Term, provided you terminate this Agreement and enter into a new Agreement with Maxis for the Service(s) at the new location or for the upgraded Service(s).The new Agreement between you and Maxis will be for 24 months based on the prevailing Charges and further terms and conditions imposed by Maxis.
   4. 6.4 If you relocate the Service(s) to a non-Service(s) coverage area, this Agreement will be terminated and you are to pay Maxis the monthly recurring charges for the whole months remaining for the Term.
   5. 6.5 This Agreement shall automatically continue for an extended term as the existing Term at the prevailing charges and rates imposed by Maxis and on the terms and conditions contained herein (unless otherwise notified by Maxis) unless you give Maxis thirty (30) days advance written notice of your intention to terminate this Agreement before expiry of the Term.

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7. Warranty and Limitation of Liability

   1. 7.1 You warrant that: (a) you have the power to enter into and observe its obligations under this Agreement, (b) you are the owner of specifications, designs and/or the materials supplied to Maxis to enable Maxis to provide the Service(s) and (c) you have not relied on any representations made by Maxis or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity materials supplied by Maxis.
   2. 7.2 Subject to clause 18.5 of the GTC, Maxis’ liability shall be limited to the lesser of: (a) the fees paid to Maxis by you over the twelve (12) months period prior to the date of the breach; or (b) RM500.00.