1. To be eligible for our products and/or services, you must be at least 18 years old and have the ability and legal capacity to contract.
2. On your application to us for our products and/or services, we will review your application to determine, at our sole discretion, if the products and/or services may be made available to you.
3. We may decline supply of our products and/or services to you based on reasons which include but not limited to, your eligibility for our products and/or services, the eligibility criteria as described in the SSTCs, the availability and/or suitability of the products and/or services (including considerations of structural integrity and available space, if applicable) and your compliance with our credit and registration requirements.
4. If the products and/or services cannot be supplied due to unavailability and/or unsuitability of our products and/or services, your application will be kept in our records as an application pending availability and/or suitability of our products and/or services.

Your use of Our Equipment, products and/or services

1. You are fully responsible for your use of Our Equipment, products and/or services.
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 but not limited to any changes in your address and/or contact particulars;
   2. ensure that you have obtained all the required consents, permits, licences, registrations, or other forms of approval from applicable governmental, statutory, regulatory or local authorities as may be required to be obtained by you for use of Our Equipment, products and/or services; 
   3. comply with all applicable laws of Malaysia (including but not limited to the Renewable Energy Act 2011, if applicable), regulations, orders, directives, rules, guidelines and/or policies issued or made by any relevant governmental, statutory, regulatory or local authorities (such as the Electricity Commission and/or the Sustainable Energy Development Authority (SEDA), if applicable);
   4. comply with all notices, instructions or directions issued by us from time to time; and
   5. take all reasonable steps to prevent fraudulent, improper or illegal use of Our Equipment, products and/or services.
3. In using Our Equipment, products and/or services, you agree:
   1. not to use or allow any part of Our Equipment, products and/or services to be used:
      1. for any illegal or improper purposes;
      2. to make or attempt any illegal or unauthorised access to any part or component of Our Equipment, products and/or services, 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 any of Maxis Authorised Personnels’ servers or network;
      3. to disrupt or undermine the security of the various networks and systems that are connected to Our Equipment, products and/or services, or violate any of the regulations, policies or procedures of such networks and systems;
      4. in any way that infringes an individual’s privacy or other personal rights;
      5. to engage in any activity that we determine to be harmful to our customers, operations, reputation, goodwill or customer relations; 
      6. for resale or otherwise to be provided to any third party without our prior written consent, whether for profit or not;
      7. in violation of any laws relating to unfair competition, anti-discrimination or false advertising; or
      8. in contravention of any usage policies which may be stipulated by Maxis from time to time.
   2. not to carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to Our Equipment, products and/or services without our prior written consent;
   3. to retain Our Equipment, products and/or services at all times in your sole custody and control and not permit any third party to use Our Equipment, products and/or services. Notwithstanding the foregoing, use of Our Equipment, products and/or services by any third party shall be deemed to be use of Our Equipment, products and/or services by you;
   4. not to suspend Our Equipment, products and/or services at any time unless otherwise allowed by Maxis;
   5. not to use or permit the use of Our Equipment, products and/or services in contravention of any law; and
   6. to use Our Equipment, products and/or services according to the specifications, guidelines and recommendations provided or notified by us to you at any time and shall immediately disconnect or cease to use Our Equipment, products and/or services upon our request.

Your usage where it affects Our Equipment, products and/or services

1. You must not use or allow any part of Our Equipment, products and/or services to be used for any activity which would or is likely to:
   1. cause other users to be affected in their enjoyment and/or use of Our Equipment, products and/or services; and/or
   2. cause any disruption, interference, interruption or degradation in Our Equipment, products and/or services.

Security related to Our Equipment, product and/or services

1. You must report immediately to us (within 24 hours) upon discovery of any fraud, theft, loss, illegal, unauthorised usage or any other occurrence of unlawful acts in relation to Our Equipment, products and/or services. You agree to lodge and provide us a certified copy of a police report, if needed.

Our Equipment

1. The provision, sale, lease or rental of Our Equipment is subject to stock availability.
2. You will, without charges, provide us access to the Premises and the relevant space and power feed and such reasonable assistance as we may require to inspect the Premises and install Our Equipment and from time to time, to perform maintenance works for Our Equipment. Where possible, we will give you reasonable advance notice of the required access. 
3. You must take all appropriate measures to protect and safeguard Our Equipment, your Equipment, and all data and network.
4. In respect of Our Equipment, you must:
   1. adhere to all instructions and notice given by us and any relevant authority on the use of Our Equipment;
   2. take reasonable and proper care of Our Equipment and keep the same in good and serviceable condition (reasonable fair wear and tear excepted); 
   3. use Our Equipment in a good and careful manner, in a proper environment and in accordance with all applicable laws and regulations and for no other purpose than that for which Our Equipment were designed or intended;
   4. not make or cause to be made any alteration, amendment, modification, enhancement or addition to Our Equipment without prior written notification to us provided however that where such notification is given to us, any such alteration, amendment, modification, enhancement or addition of whatsoever kind and nature shall belong to and become the property of and part of Our Equipment;
   5. not by any act, omission or default render Our Equipment liable to any distress execution or other legal process or to suffer the appointment or the presentation of a petition for the appointment of an administrator under any insolvency laws of any jurisdiction for the time being in force;
   6. not remove or cause to be removed any copyright notices, Maxis’ branding or logos and/or other original labelling affixed to Our Equipment;
   7. be responsible for all repair costs incurred in relation to Our Equipment howsoever caused;
   8. return Our Equipment in the same condition as was provided to you (except normal wear and tear) upon termination or cessation of our services, unless expressly stated otherwise in the Agreement; and
   9. be liable to pay us for Our Equipment or any part thereof which you fail to return upon termination or cessation of our services, unless expressly stated otherwise in the Agreement.
5. You acknowledge and agree that we will always remain the owner of Our Equipment where you are given the right to use Our Equipment or where Our Equipment is leased or rented to you. You must not resell, part possession, remove or allow anyone to modify and/or tamper with Our Equipment or any part thereof, otherwise than in accordance with the Agreement.
6. We will not be liable or responsible for any loss or damage to your Premises, equipment(s) and/or device(s) howsoever caused, including for Matters Beyond Our Reasonable Control whilst using Our Equipment, products and/or services. We do not warrant that the use of Our Equipment, products and/or services will be uninterrupted, secure or error-free.
7. We will not be liable or responsible if we are unable to replace Our Equipment or products with a similar model or type as provided to you previously. We are entitled to replace Our Equipment or products with any model or type available at the relevant time.
8. All Our Equipment and products is subject to the terms and conditions and covered under the warranty (if any) provided by the relevant manufacturer. Subject to Clause 3.9(d) above, if there is any defect, you are required to deal directly with the manufacturer or visit their service centers for any replacement or warranty claims, unless otherwise instructed by us. The scope of warranty can be found in the applicable manufacturer’s terms and conditions. Generally, the warranty does not cover defects or damages arising as a result of: 
   1. natural weathering and normal wear and tear including but not limited to scratches, dents or surface coatings that have diminished over time;
   2. service (including upgrades, repairs, modifications or disassembly) performed by unauthorised persons;
   3. improper use or failure to comply with the operating instructions or other terms and conditions given by the manufacturer;
   4. use of non-original or third-party components or connection to any other unauthorised hardware or software;
   5. misuse, abuse or improper handling of Our Equipment and/or products;
   6. fault which is not covered under warranty; and/or
   7. any other reasons for which the manufacturer is not responsible.
9. We shall be entitled to impose a charge for the replacement of Our Equipment and/or products or any part(s) thereof if such replacement is not covered under the applicable warranty or where the warranty period has expired, irrespective of the cause or nature of the damage to Our Equipment and/or products. Any attempt to repair, service or tamper with Our Equipment and/or products by personnel not authorised by us may invalidate the warranty and may result in an impaired user experience.

1. We may, at our discretion:
   1. require a deposit or upfront payment from you as security for the due performance of your obligations under the Agreement;
   2. with notice, require you to increase your deposit from time to time; and/or
   3. use the deposit at any time to offset any outstanding Charges or any amounts due under any account with us.
2. If the deposit or upfront payment is appropriated by us, you shall reinstate the deposit or upfront payment by paying us the amount appropriated within seven (7) days from our demand for payment of the amount.
3. Any balance of the deposit or upfront payment will be refunded to you after the expiry or termination of the Agreement and payment of all outstanding amounts due to us in accordance with the Agreement, provided however that we shall be entitled to forfeit the deposit or upfront payment absolutely as agreed liquidated damages in the event the Agreement is terminated due to your breach.
4. A deposit or upfront payment does not relieve you from your obligations to pay any Charges nor does it waive our rights to suspend, disconnect or terminate any of Our Equipment, products and/or services due to non-payment.

1. You are responsible to promptly and in any case, by the payment date set out in the relevant Bill, pay for all Charges for our products and/or services under your account whether our products and/or services is or are used by you or any 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 products and/or services charges and any other related charges due pursuant to the Agreement. All Charges are payable in Ringgit Malaysia.

Billing

1. Subject to Clause 9.2, you will be charged for our products and/or services in accordance with the pricing plan set out in the Service Acceptance Form (if any) or the SSTCs applicable to you or on our official website. Upon expiry of the plan, you will be charged the applicable current prevailing rates for our products and/or services. 
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 Bills. All Charges are due and payable as soon as the Bill is issued.
4. Subject to Clause 20.1 below, we are entitled, without liability, to bar, suspend, restrict, disconnect or terminate the products and/or services if any Bill or part thereof remains unpaid after the payment date, regardless whether such amounts exceed your credit limit or whether you received the Bill. A reconnection fee or other Charges may be imposed on you for any reconnection of our products and/or services. You are liable for all legal, administrative and other costs and expenses for all claims made by us against you.
5. You shall continue to be responsible for and must pay all Charges during the period of any suspension, restriction, disconnection, interruption or loss of our products and/or services whether or not at your request or caused by your default.
6. 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 and accepted by you. 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 to rectify the mistake.
7. If any Charges remain unpaid after the due date, we shall be entitled to charge late payment interest at the rate of 1.5% per month on such overdue amount from the due date until the date of full settlement. We may waive or revise late payment interest or Charges at our discretion.
8. If you use more than one of our products and/or services, you shall specify which products and/or services under your Bill you are making payment for. If you do not identify the products and/or services for which payment has been made, we may allocate any payment you make towards any outstanding amount for any products and/or services 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.
9. In the absence of fraud or manifest error, we shall be entitled to rely on each Bill as conclusive evidence against you of the accuracy and completeness of its entire content unless disputed in accordance with the manner stated in Clause 5.7 above. You are responsible for paying all Charges in full without any counterclaim, deduction, set off or withholding. 
10. We shall be entitled to impose additional charges in the event you request for:
    1. billing information which exceeds three (3) months prior to the date of your request;
    2. itemised billing;
    3. billing information where such request is frivolous, vexatious or onerous in nature; or
    4. billing information which, in our reasonable view, would cause us to incur costs in processing or carrying out your request.
11. We will notify you in advance of our intention to impose any additional charges described in Clause 5.11 above and obtain your consent prior to processing or carrying out your request.

Where you opt for payment through Direct Debit and Maxis Pay (for any products and/or services)

1. Where payment for Charges is made by way of Direct Debit and/or Maxis Pay, you confirm and agree that:
   1. all information you provide us is true and correct;
   2. the Card chosen by you for Direct Debit and/or Maxis Pay is in your name. If the Card chosen by you 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.
2. 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.
3. We are entitled at our sole discretion to approve or reject applications for the activation of 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 physically at the Maxis centres, EPK machines, payment outlets/channels/kiosks, Pos Malaysia, online services, banks’ payment channel, e-wallets, or any other payment channels made available by Maxis and/or its Related Corporations.
4. You expressly and unconditionally 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 application or use of Direct Debit and/or Maxis Pay;
   3. 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. 
5. 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 services for Matters Beyond Our Reasonable Control.
6. You confirm and agree that Direct Debit and/or Maxis Pay is only applicable for settlement of periodic Bill 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 5.15 above.
7. 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 any of the following circumstances:
   1. the transaction is cancelled for any reason by the Bank, Card Issuer or e-money issuer;
   2. the transaction is found to be incomplete, illegal or fraudulent; 
   3. the transaction is considered a “Declined Authorisation” or one with a non-corresponding authorisation code;
   4. the transaction sum or any part thereof exceeds the Cardholder’s authorised credit limit;
   5. the relevant Card has expired, suspended, or 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 of the same;
   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 or knowledge of the same at the time when the transaction was carried out; or
   9. at our, the Bank’s, the Card Issuer or the e-money issuer’s discretion.
8. Our products and/or services may be automatically barred, suspended, disconnected or terminated with immediate effect where the Card is cancelled by the Bank or the Card Issuer.

1. You confirm and agree you are aware and give your express consent to Maxis to process your Personal Data as defined under and in accordance with the Personal Data Protection Act 2010 and Maxis Group Privacy Notice at https://www.maxis.com.my/privacy-statement/. 

1. We are entitled to make any alteration or changes to Our Equipment, products and/or services in whole or any part thereof, or withdraw or suspend, disconnect or terminate Our Equipment, products and/or services or any part thereof as we deem fit without prior notice to you and we will not be liable to you or any third party for any loss (including loss of profit or revenue), loss of Our Equipment, products and/or services 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. 
2. We are entitled at our discretion, from time to time, to vary, add, remove, supplement or otherwise amend the terms and conditions of the Agreement or any part thereof by giving reasonable prior written notice to you of not less than fifteen (15) Working Days (or the minimum notice period stipulated or required under applicable laws, regulations, codes and/or guidelines, whichever is longer) and any such amendment, variation or supplement shall take effect as from the date specified in such written notice. The prevailing terms and conditions of the Agreement will be updated on our official website, whereby the terms and conditions on the official website will apply and supersede all previous versions. Unless otherwise stated in the written notice to you (if any), 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 Our Equipment, products and/or services after the Effective Date of any changes to the terms and conditions of Our Equipment, products, services 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 and terminate the Agreement within fourteen (14) days from (i) the Effective Date; or (ii) such other effective date as specified in the written notice to you (if any), failing which you will be deemed to have accepted the changes without condition. 
3. If you exercise your right to terminate under Clause 7.2, you will remain liable for all Charges, early termination charges (where applicable), penalty fees (where applicable), interest and other ancillary charges arising from or in connection with the termination.
4. We may at our discretion with prior notice vary the amount of deposit, fees and any Charges for Our Equipment, products and/or services or part thereof and change the billing cycle. Please conduct 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 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 Service Acceptance Form (if any), Agreement and/or other applicable documents are relevant and admissible in evidence.
7. To the extent permitted by applicable laws, 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 Our Equipment, products and/or services.
8. We may exercise any of the rights under Clauses 7.1 to 7.7 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.
9. In addition to our rights as set out herein, you hereby acknowledge that we shall have the right to take any appropriate action which we deem necessary and to pursue any legal action available to us at law or equity, to recover from you for any and all outstanding Charges, fees and/or cost (including cost on a solicitor-client basis and any cost incurred by us in relation to the recovery process) and/or if we become aware of any violation or breach of the terms of the Agreement, without further notice to you at any time.

1.  If your subscription for our products and/or services is made pursuant to a promotional package or campaign, you agree that: (a) all additional terms and conditions applicable to that package or campaign will apply and shall be deemed incorporated by reference into the Agreement; and (b) you may no longer be entitled to the benefit(s) under such package or campaign if your account is suspended or terminated. We reserve the right to withdraw without liability any promotional package or campaign at any time without assigning reasons. 
2. Where the promotional package or campaign 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. 

1. Unless expressly stated otherwise in the Agreement and subject to our sole and absolute discretion, you may request for a change of your existing plan to any other plans. 
2. If your change of pricing plan is approved and registered before your billing cycle, your Bill shall be pro-rated from the date of the registration of the new pricing plan.

1. You undertake and agree to indemnify and hold Maxis and its respective employees, directors, officers, suppliers, contractors and agents (collectively “Personnel”) harmless from and against any and all penalties, claims, demands, actions, damages, loss, costs, charges, liabilities and expenses (including solicitor’s fees and costs) of every kind or nature directly and indirectly, arising out of or in connection with, including:
   1. any claims for libel, slander, invasion of privacy, infringement of patent, trademark, copyright or any 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 our products, services and/or Our Equipment howsoever arising;
   2. any non-compliance with or breach of any provisions of the Agreement by you;
   3. any fraudulent, negligent or wilful act by you or any of your officers, employees, directors, contractors or agents; 
   4. any damage to property or personal injury (including death); and
   5. any act or omission by you or any unauthorised use or exploitation of Our Equipment, products and/or services.

1.  You will not acquire any right or ownership interest in any and all of our Intellectual Property by virtue of you subscribing to our products and/or services and/or using Our Equipment, products and/or services. 
2. You will not use or permit the use of any of our Intellectual Property except for the purposes contemplated by Our Equipment, products and/or services provided to you or as expressly permitted by us.

1. You agree that Our Equipment, products and/or services, in whole or in part, may be provided by any Maxis Authorised Personnel, including but not limited to Licensor and/or any other authorised third party providing any part of Our Equipment, products and/or services, on behalf of Maxis and/or Maxis Authorised Personnel.
2. Our Equipment, products and/or services are provided on an “AS IS” and “AS AVAILABLE” basis. We will not be held responsible for any loss or damage that you or any third party might sustain as a result of the use of Our Equipment, products and/or services by you. Accordingly, you expressly confirm and agree that your use of Our Equipment, products and/or services is at your sole risk.
3. You acknowledge that Our Equipment, products and/or services may be subject to limitations, delays and other problems inherent in communication facilities and network, including the internet. Therefore, Maxis shall not be responsible for any delays, delivery, failures, or other damage or loss resulting from such limitations, delays or problems.

1. Maxis is not liable and does not guarantee that:
   1. Our Equipment, products and/or services will be error-free or uninterrupted or will have secure access to the internet, or that Maxis will correct all errors in Our Equipment, products and/or services;
   2. Our Equipment, products and/or services including any information or other material you obtain from Maxis under the Agreement, will meet your requirements or expectations; 
   3. any service levels, performance indicators, or any other benchmarks will be met by Our Equipment, products and/or services.

1. To the maximum extent permissible by applicable laws, you agree that no condition, indemnity, warranty, guarantee or representation of any kind, whether express or implied, arising from applicable laws, course of dealing usage, trade practice, prior oral or written statements is given or made by Maxis or its Personnel:
   1. as to the state, quality, description or otherwise of the products, services and/or Our Equipment; or
   2. as to the products’, services’ and/or Our Equipment’s fitness for any purpose, suitability, merchantability, or that they will not infringe any rights in law or contract; or 
   3. which arises from a course of dealing, usage, law or trade practice; or
   4. as to performance of any equipment including Our Equipment, products and/or services provided to you and materials supplied in connection thereto.

1. Notwithstanding anything to the contrary herein contained, and to the fullest extent permitted by law, we exclude and disclaim any liability and will not be liable for:
   1. any claim for libel, slander, cyber terrorism, invasion of privacy, infringement of any intellectual property or proprietary rights or breach of any law or regulation arising from the use, transmission and receipt of material in connection with Our Equipment, products and/or services and any claims arising out of or in connection with any act or omission by whether by you or any other third party in relation to Our Equipment, products and/or services or any part thereof;
   2. any loss or damage caused to you as a result of any suspension, barring, disconnection, restriction or termination pursuant to the Agreement and/or interruption or loss arising from the use, access, inability to use or access and/or provision of Our Equipment, products and/or services or any part thereof which is not due to Maxis’ fault or omission;
   3. any loss, distortion or corruption of data arising from the use of Our Equipment, products and/or services to transmit data or for data communication purposes including any unlawful or unauthorised access to your transmission or data; and/or
   4. interruption or unavailability of the Our Equipment, products and/or services, including through adverse weather conditions, electromagnetic interference, equipment failure, network congestion or otherwise due to Matters Beyond Our Reasonable Control.

1. In the event that any liability including those set out in Clause 12.6 cannot be excluded under law and to the fullest extent permitted by law, Maxis and our respective Personnel will not be liable to you for any indirect, incidental, consequential, exemplary, special or punitive damages arising out of or in connection with the Agreement, and/or the use, access, inability to use or access and/or provision(s) of Our Equipment, products and/or services or any part thereof, including, without limitation, any form of economic loss, loss of use, loss of revenue or anticipated profits, or lost business, data or sales whether or not Maxis, our Personnel, Maxis Authorised Personnel 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 whether by breach of contract, tort or statutory duty, including negligence and strict liability or otherwise.
2. Without prejudice to the above, where a court or an arbitrator or a tribunal holds or finds us liable to you for any breach or default by us, you agree that the aggregate amount of damages or loss payable by us to you will not at any time exceed the amount equivalent to the total monthly fee paid by you to us for the specific product and/or service in dispute for the month immediately preceding the event giving rise to the claim.

1. We will be entitled at any time to immediately bar, suspend, restrict, disconnect or terminate our products, services and/or the Agreement for any of the following reasons:
   1. if any technical failure occurs in Our Equipment, products and/or services;
   2. while Our Equipment, products, services, network or systems are being upgraded, modified or maintained;
   3. if you breach any of the terms and conditions of the Agreement;
   4. if you do anything which may in our determination, lead to, including but not limited to, damage or injury to Our Equipment, products, services, systems and/or reputation;
   5. if we are required to do so by law, statute, enactment, regulations, code or by any relevant authorities;
   6. it is in our determination that Our Equipment, products and/or services are or may be used fraudulently, illegally or for unlawful purposes in breach of the Agreement, even if it is shown to be otherwise;
   7. where you are adjudged a bankrupt or commit an act of bankruptcy; or
   8. where you have relocated or have been relocated to an area outside our products and/or services coverage area.

1. We will try to resume the functionality of the Our Equipment, products and/or services as soon as possible if suspension or disconnection occurs for the reasons set out in Clause 13.1(a) and (b) above. During the period of barring, interruption, restriction, suspension, disconnection or loss of Our Equipment, products and/or services or any part thereof for any reason, you will remain liable for any and all applicable Charges. 
2. Upon suspension or disconnection, our reconnection of Our Equipment, products and/or services 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 Our Equipment, products and/or services, 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.
3. Unless the SSTCs applicable to you state otherwise, you may, at any time, terminate the products, services and/or the Agreement by giving us thirty (30) days prior notice in writing and in such an event, Clause 13.5 below shall apply accordingly. If the effective date of your termination notice to us falls within the applicable Minimum Commitment Period or if we terminate the products, services and/or the Agreement pursuant to Clause 13.1(c), (d), (f), (g) or (h) above:
   1. there will be early termination charges and, where applicable, prorated Charges for the products, services, Equipment and/or additional items and costs for the remainder of the Minimum Commitment Period; and
   2. you will compensate us for any and all damages or losses we may suffer or incur because of your termination prior to the Minimum Commitment Period.
4. Upon termination of the Agreement by you or us, all monies owing to Maxis (including any unbilled amount) shall become immediately due and payable to Maxis and you will be liable for all and any Charges and any other outstanding amounts related to and in connection with our products and/or services up to and including the effective date of termination. You agree that Maxis shall be entitled to offset or deduct the deposit or the advance payment paid by you against any amount owing to us.
5. If we provide Our Equipment to you for the provision of our services, upon termination and unless expressly stated otherwise in the Agreement:
   1. you will immediately return to us all of Our Equipment used in relation to that services in good working condition, fair wear and tear excepted, at your costs and expenses; and/or
   2. we will be entitled to charge you the cost and expense incurred by us in repossessing or acquiring a replacement of Our Equipment not returned or returned in a damaged or defective condition. 
6. Termination of the Agreement by either you or Maxis for any reason whatsoever does not prejudice any other rights, remedies or claims Maxis may have against you under the Agreement or at law in respect of any antecedent breach by you of any provision of the Agreement, including the right of indemnities.

1. We will not be liable for delay or failure to perform our obligations under the Agreement caused by Matters Beyond Our Reasonable Control.
2. If our ability to perform our obligations under the Agreement or any part thereof is affected by Matters Beyond Our Reasonable Control:
   1. we shall be excused from performance of the obligations which are affected by Matters Beyond Our Reasonable Control during the time the Matters Beyond Our Reasonable Control is in effect or operative and such non-performance shall not be construed as a breach by us or give rise to any claims for damages or consequential losses of any kind; and
   2. the time for performance of the obligations which are affected by Matters Beyond Our Reasonable Control (including performance of all other obligations which are consequentially affected) shall be extended or adjusted to take into account the full extent of disruption and impact caused by the Matters Beyond Our Reasonable Control.
3. We shall be entitled to terminate the Agreement, by giving you fourteen (14) days’ prior written notice if the Matters Beyond Our Reasonable Control prevents us from performing and/or continuing our obligations for more than a period of sixty (60) days.
4. Notwithstanding the occurrence of the Matters Beyond Our Reasonable Control, you will remain obliged to pay all Charges which are outstanding and/or due and payable to us in accordance with the Agreement.

1. We will be entitled at any time to immediately bar, suspend, restrict, disconnect or terminate our products, services and/or the Agreement for any of the following reasons:
   1. if any technical failure occurs in Our Equipment, products and/or services;
   2. while Our Equipment, products, services, network or systems are being upgraded, modified or maintained;
   3. if you breach any of the terms and conditions of the Agreement;
   4. if you do anything which may in our determination, lead to, including but not limited to, damage or injury to Our Equipment, products, services, systems and/or reputation;
   5. if we are required to do so by law, statute, enactment, regulations, code or by any relevant authorities;
   6. it is in our determination that Our Equipment, products and/or services are or may be used fraudulently, illegally or for unlawful purposes in breach of the Agreement, even if it is shown to be otherwise;
   7. where you are adjudged a bankrupt or commit an act of bankruptcy; or
   8. where you have relocated or have been relocated to an area outside our products and/or services coverage area.

1. You are not permitted to assign, transfer, encumber and/or novate any, or any part, of your rights and/or obligations under the Agreement to any party, without our prior written consent.
2. You agree and consent that we may assign, transfer and/or novate any, or any part, or all, of our rights, liabilities, interests and/or obligations under the Agreement to our Related Corporations or any third party by notice in writing to you. Further, your continued usage of Our Equipment, products and/or services after service of such notice on you will be deemed as your consent to continue with our products and/or services after such assignment, transfer and/or novation, and you agree to make all subsequent payments as instructed in such or any further notice.
3. In the event Maxis assigns, transfers and/or novates all its rights, interest and obligations under the Agreement, you agree and consent that:
   1. all references to Maxis in the Agreement shall upon and after any such assignment, transfer and/or novation be construed as a reference to the assignee and transferee of Maxis; and
   2. such assignee and transferee shall be entitled to enforce all rights and perform all obligations of Maxis and to be paid all sums due or accruing due from you under the Agreement as at the effective date of such assignment and transfer thereafter.

1. Each party shall bear 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, duties and other costs imposed by any law or regulation in relation to the provision of products and/or services by us.
   
3. If SST is applicable to Our Equipment, products and/or services provided to you under the Agreement, we are entitled to charge the SST payable to the government on Our Equipment, products and/or services supplied to you. These taxes will be added to the Bill issued to you.
4. If SST is applicable as contemplated by Clause 16.3 above, we will:
   1. provide you information that may be reasonably required to establish the liability for SST; and
   2. provide a tax invoice as may be required by you. 
5. 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.

1. All notices, communications and documents to be given by you to Maxis under the Agreement must be in writing and sent to the following address: Maxis Green Solutions Sdn Bhd, Level 21, Menara Maxis, Kuala Lumpur City Centre, off Jalan Ampang, 50088 Kuala Lumpur. 
2. The notices, communications and documents, including legal process, given by Maxis to you or by you to Maxis will be deemed to have been served if:
   1. sent by registered post, on the second Working Day after posting irrespective of whether returned as undelivered;
   2. sent by ordinary post, on the fifth Working Day after posting irrespective of whether returned as undelivered;
   3. hand delivered, upon delivery; or
   4. in the case of communication sent by Maxis only, published in national daily newspapers in the main languages circulated generally throughout Malaysia.
3. In addition to Clause 17.2 but in the case of Maxis only, the notices, communications or notifications given by Maxis to you will be deemed to have been served if:
   1. sent via Maxis’ applications, on the date of publication or such other date as may be stipulated on the said Maxis’ applications;
   2. sent by Short Message Service (SMS), upon transmission of the SMS; or
   3. published in our website, upon the date of publication or such other date as may be stipulated in the website notification.
   Notwithstanding the above, we may determine, at our sole discretion, other forms of notification as we deem appropriate which shall be deemed to have been served upon the transmission or sending of such notification.
4. Pursuant to the Maxis Group Privacy Notice, you agree that you have given us your express 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 Equipment, products and/or services and that of our merchants and/or strategic partners, unless you notify us otherwise. 

1. The Agreement will be governed by and construed in accordance with the laws of Malaysia. The 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 to proceedings in any such courts on the ground of forum non conveniens.

1. You agree that you shall:
   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 accurate records of transactions to meet the requirements of such laws and/or regulations;
   3. adhere to the Maxis Code of Business Practice which can be found at https://maxis.listedcompany.com/corporate_governance.html as may be updated from time to time, and/or any relevant anti-bribery and corruption policies and documents notified and/or provided by Maxis and shall not cause Maxis or its Personnel to be in breach of any applicable anti-bribery corruption laws and regulations and/or Maxis Code of Business Practice; and
   4. provide truthful and complete statements (with no material or intentional omission) and/or documentation to Maxis and have to-date provided truthful and complete statements (with no material or intentional omission) and/or documentation to 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 Maxis upon request.
2. In compliance with this Clause, you agree to furnish such relevant documents as may be requested by Maxis with respect to your compliance with this Clause including signing the anti-bribery and corruption documentation.
3. Notwithstanding any provisions of the Agreement to the contrary, if you breach this Clause, and/or is investigated for bribery or corruption, Maxis shall be entitled to terminate the Agreement with immediate effect without any liability upon written notice to you.
4. You agree that you shall be liable to Maxis and fully indemnify and hold Maxis and/or its Personnel 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) of any kind and nature howsoever arising, as a result of (i) any breach of all laws or regulations relating to anti-bribery and corruption by you and/or (ii) termination of the Agreement as a result of a breach of this Clause.

1. 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. 
2. The Agreement constitutes the entire agreement between you and Maxis and supersedes all previous agreements, understanding, negotiations, proposals, representations and warranties relating to the Agreement. 
3. Those Clauses which by their nature would survive the termination of the Agreement shall so survive, including Clauses 6, 10,11, 12, 18 and 19.
4. Time is of the essence in performance of the Agreement. 
5. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of the Agreement.
6. 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. 
7. An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body and any governmental agency.
8. 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.