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Terms & Conditions

Service Specific Terms & Conditions – Maxis Home Solar (“SSTC”)

Version [Updated 29 August 2024]

Definitions

Agreement: shall have the same meaning as defined in the General T&C. 

Charges: may include, but not limited to, a registration fee, deposit, Early Termination Charge, One-Time Charge, Monthly Charges, as well as extra charges, or any other charges which could be recurring or one-time in nature. All Charges are exclusive of all applicable taxes including, if applicable, Sales Tax and Service Tax, unless otherwise stated.

Commencement Date: means the start date of your Plan with Maxis, and shall mean: (i) the NEM Commissioning Date; or the date of expiry of thirty (30) days after Installation date if you do not receive the NEM Welcome Letter within thirty (30) days from the Installation date for whatsoever reason, whichever the earlier.

Early Termination Charge: means the fees payable by you for early termination of the Plan before completion of the Minimum Commitment Period, as further described in Clause 42 below.

General T&C: means the General Terms and Conditions (as may be amended by Maxis from time to time), available on our website at https://www.maxis.com.my/en/terms-conditions/general/solar/.

Government Authority: means the Government of Malaysia, including any national, local or state government authority or municipality of Malaysia, and all ministries, directorates, departments, divisions or political sub-divisions, institutions, state-owned companies, representations, court, tribunal, instrumentation, authorities, committees, commissions and/or agencies, administrative body or companies under the direct or indirect control of the Government of Malaysia, Regulatory Authority, statutory body or other governmental or quasigovernmental entity or authority with competent jurisdiction over the subject matter in question.

Installation: means installation of the Solar PV System by Maxis and/or Maxis Authorised Personnel at the Premises.

Insurance: shall have the same meaning as described in Clause 65 below.

Matters Beyond Our Reasonable Control: means an act, omission or circumstance relied on by us as a matter beyond our reasonable control and these events are events which are not within our reasonable control (and Maxis shall not under any circumstances be required to expend money or resources or do anything beyond its express obligations under the Agreement to exercise, retain or acquire such control), irrespective whether such events were foreseen at the time of execution of the Agreement including but not limited to acts of God, acts or omissions of Government Authority, riots, acts of war, strike or lockout, acts of terrorism, nuclear threats, riot, civil commotion, strike, insurrection, rebellion, revolution, lockout, sabotage, fibre cut, explosion, ionizing, contamination radiation, pandemic, epidemic, lockdown, embargoes, work stoppages, periods of restricted economic activity or state of emergencies or governmental regulations imposed or came into effect after the execution of the Agreement, fire, flood, landslide, tempest, unhealthy haze conditions, earthquakes or other natural disasters and unforeseen occurrence, acts or omissions of persons or bodies for whom we and/or our Related Corporation has no control over (including acts or omissions of third party suppliers, operators, service providers, contractors or agents whom we may use to perform any part of the service(s), computer software malfunction, electrical power failure and/or interruption or disruption of the network) and any other events which parties agree to be a matter beyond reasonable control, together with any impact, effect (including continuing effect) and consequences caused thereby.

Maxis or us or we or our: shall have the same meaning as defined in the General T&C.

Maxis Authorised Personnel: means Maxis’ employees, contractors or third parties authorised by Maxis to perform services in relation to the Solar PV System.

Maxis Bill: refers to your monthly bill, invoice and/or statement issued by Maxis Broadband Sdn Bhd.

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

Minimum Commitment Period: shall have the same meaning as described in Clause 40 below.

Monthly Charges: means the monthly fees and any other recurring charges stated in the Proposal charged in full on a calendar month basis commencing from the Commencement Date.

National Grid: means the high-voltage electric power transmission network in Peninsular Malaysia operated and owned by TNB.

NEM: refers to Net Energy Metering.

NEM Application: refers to all required steps to participate in the NEM Program but does not include appeal process in the event your NEM Application is rejected for reasons beyond Maxis’ control.

NEM Certificate: means the certificate issued by SEDA to you in relation to the NEM Program.

NEM Commissioning Date: means the date on which the net meter is commissioned, as stated in the NEM Welcome Letter issued by TNB.

NEM Contract: means the agreement entered into between you and TNB under the NEM Program.

NEM Program: refers to the regulatory framework and incentive program established by Regulatory Authority, wherein electricity consumers who generate electricity from renewable sources, such as the Solar PV System, may offset their electricity consumption costs by exporting their surplus Solar Electricity to the National Grid.

NEM Welcome Letter: means the letter issued by TNB to you as confirmation of your successful NEM Application.

One-Time Charge: means a one-time lump sum fee that you pay to Maxis for services in respect of the Solar PV System.

Operation: means an event or events that is or are deemed to occur when the Solar PV System is: (i) mechanically complete and operational; and (ii) Solar Electricity is delivered through the Solar PV System’s meter and to the Premises’ designated electrical system.

Our Equipment: shall have the same meaning as defined in the General T&C.

Permit: means all governmental permits, licenses, certificates, approvals, variances and other entitlements necessary or required to be obtained for the Installation and Operation of Solar PV System.

Permission: includes any approval, authorisation, permission and consent from any required person or relevant body.

Person: means any natural person.

Plan(s) refer(s) to the following:

  1. Maxis Home Solar Fixed Fee – Fixed monthly payment in return for the use of the Solar PV System; and/or
  2. Maxis Home Solar Energy Generation – Monthly payment for Solar Electricity generated (RM/kWh) from the Solar PV System, whichever was signed up by you pursuant to the duly completed Service Acceptance Form returned to us.

Premises: has the same meaning as described in the General T&C.

Premise Survey: has the same meaning described in Clause 17 below.

Proposal: means the technical proposal, preliminary assessment report and/or premise inspection report prepared by Maxis and/or Maxis Authorised Personnel, outlining amongst others, the proposed specification and/or capacity of the Solar PV System.

Regulatory Authority: means the energy market regulators in Malaysia, which include the Energy Commission of Malaysia and SEDA.

Related Corporations: shall have the same meaning defined in the General T&C. 

Sales Tax: means sales tax under the Sales Tax Act, 2018.

SEDA: means the Sustainable Energy Development Authority of Malaysia, a statutory body established under the Sustainable Energy Development Authority Act 2011, responsible for, amongst other things, regulating and promoting sustainable energy development, including matters relating to solar photovoltaic systems in Malaysia.

Service Acceptance Form: refers to the form attached to the Proposal and where you indicate your acceptance to the Proposal and the Plan you wish to sign up for.

Service Tax: means service tax under the Service Tax Act, 2018.

Smart Meter Application: refers to your application to TNB for the installation and usage of a smart meter at the Premises but does not include appeal process in the event your Smart Meter Application is rejected for whatsoever reasons.

Solar Electricity: means the electricity generated by the Solar PV System(s).

Solar PV System(s): means the solar photovoltaic system and its components provided by Maxis to you pursuant to the Agreement.

Successor(s): shall have the same meaning as described in Clause 80 below.

Term: refers to the duration of your Plan which shall commence on the Commencement Date until the NEM End Date as specified in the NEM Welcome Letter, unless otherwise terminated by you or Maxis in accordance with the terms of the Agreement.

TNB: means Tenaga Nasional Berhad (Registration No. 2000866-W), a company incorporated in Malaysia and having its registered address at Pejabat Setiausaha Syarikat, Tingkat 2, Ibu Pejabat Tenaga Nasional Berhad, No. 129, Jalan Bangsar, 59200 Kuala Lumpur and having branches in Peninsular Malaysia.

Warranty Period: shall have the same meaning as described in Clause 63 below.

Working Day(s): shall have the same meaning as described in the General T&C.

You or your: refers to the Person(s) signing up for the Plan.

    1. This Service Specific Terms & Conditions – Maxis Solar (“SSTC”) sets out the applicable terms and conditions of services under the Plan provided by Maxis Green Solutions Sdn Bhd to you.
    2. The Plan(s) and your use of the service(s) under the Plan(s) is subject to the General T&C, this SSTC and Maxis Group Privacy Notice at https://www.maxis.com.my/privacy-statement/.
    3. All capitalised terms herein shall have the same meaning as defined in the General T&C or as defined in this SSTC.
    4. In the event of any conflict or inconsistency between this SSTC and the General T&C, this SSTC shall prevail to the extent of such conflict or inconsistency.
    5. We reserve the rights without liability, to revise the Agreement, Plan(s) and our pricing. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions will be superseded. Unless otherwise stated in the written notice to you (if any), any revision will take effect on the date the revision is posted on our official website, also termed as the “Effective Date”. You accept you are responsible for regularly reviewing information on the Plan(s) and service(s) under the Plan(s) at www.maxis.com.my/tnc, including changes to the Agreement. If you do not accept such revisions/changes, you are required to terminate the Agreement in accordance with Clause 77 (or the minimum notice period stipulated or required under applicable laws, regulations, codes and/or guidelines, whichever if longer), failing which you are assumed to have accepted the changes. Save where terminated based on the foregoing, any continued use of the service(s) and/or the Plan(s) (after the Effective Date of any revision/change to the terms and conditions of the Agreement, General T&C and/or this SSTC (including the services and/or Plan) shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same.
    6. Should a new law or an amendment to an existing law occur that impacts the Proposal, the Plan and/or the Solar PV System, then notwithstanding anything contained herein, the clauses herein shall be deemed to be amended to such an extent as is necessary to enable the parties to comply with such laws. 
    7. You acknowledge and agree that subject to applicable laws, all environmental attributes, credits or benefits which are available or may become available during the Solar PV System operation shall be transferred to Maxis. Maxis is not required to seek approval or consent, nor inform you in deriving the benefits of such environmental attributes. 
    1. In order to be eligible to sign-up for the Plan(s), you must:
      1. be at least eighteen (18) years of age and have the ability and legal capacity to contract;
      2. be the owner of the Premises and have lawful title to the Premises;
      3. have the full right to enter into the Agreement with Maxis;
      4. be eligible to participate in the NEM Program, meeting all necessary criteria set forth by the relevant Regulatory Authority, TNB and/or Government Authority;
      5. use the Solar PV System and Solar Electricity for domestic and personal use only;
      6. not have participated in any previous solar programs by any Government Authority; and
      7. not have any known existing issues or matters that may obstruct, hinder or impede the NEM Application process.
    2. You are ineligible for the Plan(s) if:
      1. the TNB meter on the Premises has been modified, damaged or there are ongoing or prior issues which may obstruct, hinder or impede the NEM Application process;
      2. you have any outstanding payments with TNB;
      3. you have any outstanding payments with Maxis and/or its Related Corporations; and/or
      4. you are a commercial user.
    3. The provision of our services under the Plan(s) is contingent on your Premises beingsolar ready as determined by Maxis, at our sole discretion, and the eligibility criteria as prescribed by SEDA at https://www.seda.gov.my/reportal/nem/.
    4. Further to Clause 8 to Clause 10 above, provisioning of our services under the Plan(s) is subject to Maxis having verified and assessed your credit or financial standing and any other information provided by you as may be deemed necessary.
    5. Notwithstanding the above, Maxis reserves the right to change the eligibility criteria for the Plan(s) at any time and from time to time, at our sole discretion.
    1. We may contact you and request for further information and supporting documentations, which may include without limitation:
      1. a copy of your National Registration Identity Card (“NRIC”) (front and back);
      2. a copy of your alternate contact person’s NRIC (front and back);
      3. last three (3) months of your TNB bill; and 
      4. proof of your ownership to the Premise (e.g., a copy of sale and purchase agreement / land title / quit rent bill / assessment rates bill). 
    2. In this regard, you agree and consent to Maxis collecting and processing your personal information for the purposes of identity verification, provision of the services under the Plan(s), the Solar PV System and/or ancillary services thereunder as well as conducting credit check to assess and verify your credit or financial standing. 
    3. You further understand and agree that:
      1. registration of your interest in the Plan(s) and submission of information to Maxis for such purposes DO NOT constitute subscription of the Plan(s) or any acceptance or agreement by Maxis to enter into any formal arrangement or agreement to provide the services under the Plan(s) or Solar PV System to you; and
      2. provision of information pursuant to Clause 13 above is necessary and crucial to Maxis. In this regard, you warrant and represent that all information you provide to Maxis is and will remain true, complete and accurate. In the event Maxis finds that the information provided is false, untrue, inaccurate and/or incomplete, Maxis shall have the sole and absolute discretion to terminate any arrangement Maxis has with you at any stage under this SSTC.
    1. In the event you meet the eligibility criteria and passed Maxis’ assessment, upon submission of the complete information requested pursuant to Clause 13 above, Maxis will contact you to set up an appointment date and time to visit and inspect the Premises for solutioning of the Solar PV System (“Premise Survey”).
    2. You, as the owner of the Premises, must be present during any and all Premise Surveys or you may designate a person aged 18 or above to be present on your behalf for the Premise Surveys, failing which we will not proceed with the Premise Survey. In the event that you designate any such person, you must inform Maxis in advance of such designation, and shall promptly provide all details as may be requested by Maxis.
    3. Maxis will share with you a Proposal within five (5) Working Days from the date of which the Premise Survey is carried out.
    4. In the event you wish to proceed with Installation in accordance with the Proposal, you are required to pay a deposit as indicated by Maxis and complete the Service Acceptance Form which Maxis provides to you via email and furnish the same to Maxis. Documents to be signed and shared with Maxis include: (i) the Service Acceptance Form with the Proposal, NEM Application and Smart Meter Application. You further understand and acknowledge that if you failed to provide the required documents and applications, Maxis will not be able to assist you in your applications and Installation.
    5. Installation and any other features and services in relation to the Solar PV System will be as specified in the Proposal.
    6. Notwithstanding the above, you acknowledge and agree that the Premise Survey conducted for the preparation of the Proposal shall not be considered as a comprehensive or extensive assessment of the Premises, and therefore, certain aspects or conditions of the Premises may not be fully observed, documented, or accounted for. Maxis shall not be responsible for any such failure to observe, document or account for any aspects or conditions of the Premises during the Premise Survey.
    7. You agree and acknowledge that the Maxis does not provide professional and certified roof assessment at the Premises. You are advised to consult a roofing expert if you are currently facing any structural issues with your roof at the Premises.
    1. You authorise and agree to allow Maxis and/or Maxis Authorised Personnel to handle on your behalf, all necessary applications and obtaining the necessary Permission to convert the existing electricity system of the Premise to NEM. This includes the NEM Application, Smart Meter Application and any other required applications to the relevant Government Authority.
    2. To ensure a smooth and successful applications, you agree to:
      1. provide Maxis with any and all necessary information and documents required by the relevant Government Authority;
      2. promptly execute all necessary agreements and documents for the NEM Application including but not limited to the NEM Contract and comply with the same;
      3. to promptly pay and settle any charges, fees, arrears or penalties owing to or required by TNB or any Government Authority in respect of the applications, or to conduct any rectifications which are not part the standard NEM Application procedures as may be required by TNB or the relevant Government Authority; and
      4. enable any NEM testing as may be requested and conducted by TNB or the relevant Government Authority prior to the Installation.
    3. You understand and agree that TNB and any other relevant Government Authority may contact you directly for reasons such as for the purposes of your Smart Meter Application, installation of the smart meter or upgrading your existing electricity meter to smart meter, and you shall comply with their instructions accordingly.
    4. It is your responsibility to promptly inform Maxis of any correspondence with TNB and any relevant Government Authority, including the receipt of the NEM Welcome Letter. This notification is essential for Maxis to take the necessary steps to activate the Solar PV System within one (1) Working Day from your notification. 
    1. Within five (5) Working Days from the date of which we are notified of your receipt of the NEM Certificate, we will contact you to fix an appointment for Installation at the Premises. Installation shall be done in accordance with the Proposal and will take no more than two (2) Working Days.
    2. You acknowledge and agree that it is your sole responsibility to obtain all necessary Permit and Permission required for Installation to be carried out at the Premise. This includes, but not limited to, security clearances, Joint Management Body (JMB) clearances, and any other relevant authorisations. You shall ensure that all such Permit and Permission are obtained prior to the commencement of Installation at the Premises. Maxis shall not be held liable for any delays, additional costs, or inability to perform the Installation arising from or in connection with your failure in obtaining any required Permit and Permission.
    3. For the purposes of delivery of Our Equipment and Installation, you agree and consent to:
      1. sign all documents and take all actions as Maxis may require to enable the delivery of Our Equipment and Installation and make all necessary arrangements to connect the Solar PV System to the National Grid; 
      2. be present during all appointments to the Premises or designate a person aged 18 or above to be present on your behalf for Installation of the Solar PV System in accordance with Clause 17 above, failing which we will not proceed with the delivery or Installation; and
      3. Maxis and/or Maxis Authorised Personnel accessing to, and entering, your Premises, with prior notice to you, to place Our Equipment up to seven (7) days prior to Installation of the Solar PV System for storage purposes. 
    4. Delivery and/or Installation of Our Equipment (including the Solar PV System) shall be subject to stock availability and partial delivery shall be allowed. Notwithstanding the proposed Installation and delivery date stated in the Proposal, Maxis reserves the rights to change, reschedule and/or cancel the Installation date or delivery date in the following circumstances:
      1. where there is a shortage of stock availability; 
      2. where there is inclement weather;
      3. where the nature of the Premises requires additional equipment necessary to carry out the Installation; 
      4. where the nature of the Premises results in unanticipated Installation factors rendering the Premises being unsuitable for Installation; and/or
      5. any other circumstance reasonably deemed by Maxis to require change in the Installation date.
    5. You expressly warrant that the Premises is suitable and fit for purpose of Installation and you shall communicate to Maxis any issues or concerns regarding the Premises’ suitability prior to Installation. In this regard, if you choose to proceed with the Installation despite Maxis highlighting to you the issues or potential issues which may hinder the Installation and Operation of the Solar PV System, you shall indemnify and hold Maxis harmless from and against any damage/problem that may be suffered by Maxis or caused to the Solar PV System arising from or in connection with your decision to proceed with such Installation.
    6. Maxis shall not be held liable or responsible for:
      1. any Installation issues arising from errors in the information or details of the Premises given by you;
      2. any damages, losses or liabilities resulting from the unsuitability of the Premises for Installation;
      3. any indirect, incidental, consequential, or punitive damages arising from or in connection with the Installation or Operation of the Solar PV System;
      4. any damages, losses, or liabilities arising from pre-existing roof conditions or defects, including but not limited to structural instability, leaks, or inadequate load-bearing capacity;
      5. any damages, losses, or liabilities resulting from roof leaks or structural issues discovered after Installation; and
      6. any loss, damage, charges, costs, expense and/or claims arising out of or in connection with any late delivery, suspension, cancellation or termination of the Proposal. You hereby waive the right to make any deduction or set-off from any payment due to Maxis unless Maxis agrees in writing.
    7. You shall assume all responsibility and risk of loss or damage to the Solar PV System upon completion of Installation.
    8. Maxis may at its sole and absolute discretion terminate the Plan(s) and this SSTC at any time and without liability if Maxis determines that the Solar PV System can no longer be properly installed or operated due to factors including but not limited to, safety, access, roof condition, excess shading, product availability or potential problems with the NEM Application. The Proposal will be cancelled with immediate effect and full amount of deposit (if any) will be refunded after deducting any expenses incurred.
    1. Subject to the terms and conditions of the Agreement, Maxis grants to you an exclusive, non-transferable, revocable right to use the Solar PV System for the Term.
    2. You shall not sublicense the right to use the Solar PV System and/or transfer the Solar PV System to a third party without Maxis’ prior written consent.
    3. You shall not transfer, novate or assign the Plan and/or the Agreement to any other Person without our prior written consent. The Agreement shall be binding upon your Successor in accordance with Clause 80 and Clause 81 below.
    4. You shall at all times:
      1. ensure Maxis and/or Maxis Authorised Personnel have full, convenient and safe access to all parts of the Premises necessary to conduct any required inspections or for the delivery, Installation, repair and Operation of the Solar PV System and/or to carry out routine maintenance, scheduled maintenance and repair of the Solar PV System in accordance with the Agreement; 
      2. not hinder or obstruct access to your Premises by Maxis and/or Maxis Authorised Personnel where you have agreed and consented to providing such access; 
      3. ensure the Premises at all times, including but not limited to its roof, supporting structures and electrical system, are sound and able to accommodate the Installation, Operation, and any maintenance and repair of the Solar PV System; and
      4. ensure the Premises has an Internet connectivity for the Solar PV System. 
    1. You agree to subscribe to the Plan for a minimum period of one hundred and twenty (120) months from the Commencement Date ("Minimum Commitment Period"). 
    2. Except as otherwise expressly permitted under the Agreement, you shall not, during the Minimum Commitment Period:
      1. terminate your Plan;
      2. terminate your Maxis account; and/or
      3. have your Maxis account terminated for non-payment of Maxis Bill.
    3. You acknowledge and agree that if any of the events in Clause 40 above occurs, you shall pay us the Early Termination Charge as further described in Clause 42 below. Payment of the Early Termination Charge is without prejudice to the collection of any other Charges owing to us by you in accordance with your Plan or account up to the date of the early termination. You will receive a final statement of account which will be due and payable by you to us immediately upon receipt. All outstanding amounts due and owing to us shall be subject to all applicable taxes which shall be fully borne by you.
    4. You agree we have the right to impose on you the Early Termination Charge, which you shall be responsible to pay to us, if any of the events in Clause 40 above occurs for whatsoever reason. The Early Termination Charge is calculated as follows:
    Plan Contract Period Calculation of Early Termination Charge
    Maxis Home Solar Fixed Fee Within first five (5) years of Term Monthly Charges x remaining month(s) of the Minimum Commitment Period
    After first five (5) years of Term Monthly Charges x remaining month(s) of the Minimum Commitment Period x discount rate (as determined by Maxis in its sole and absolute discretion)
    Maxis Home Solar Energy Generation Within first five (5) years of Term

    Monthly Charges x remaining month(s) of the Minimum Commitment Period

    *Note: Monthly Charges = the Monthly Charges of Maxis Solar Fixed Fee of the equivalent tier to your Maxis Home Solar Energy Generation as indicated in the Proposal will apply to you.
    After first five (5) years of Term

    Monthly Charges x remaining month(s) of the Minimum Commitment Period x discount rate (as determined by Maxis in its sole and absolute
    discretion)

    *Note: Monthly Charges = the Monthly Charges of Maxis Solar Fixed Fee of the equivalent tier to your Maxis Home Solar Energy Generation as indicated in the Proposal will apply to you.
    1. In addition to your responsibility to pay us the Early Termination Charge in accordance with Clause 41 and Clause 42, in the event of occurrence of any of the events in Clause 40 above, you shall be further liable to pay us a Solar PV System non-return fee to be determined by us in our sole discretion based on the Solar PV System model and its residual value or as stated in the Proposal. You are responsible to uninstall and dismantle the Solar PV System at the Premises at your own costs.
    2. If the Plan and/or Solar PV System is suspended during the Minimum Commitment Period due to any reason whatsoever, the Monthly Charges will continue to be charged to and payable by you.
    3. Notwithstanding any provision to the contrary, you are responsible for any loss or damage to the Solar PV System at all times and shall continue to pay the Monthly Charges for the Minimum Commitment Period, notwithstanding that the Solar PV System may be lost or damaged.
    4. Maxis shall be entitled to charge you the Solar PV System non-return fee by setting off the same against the deposit you paid under this SSTC. Any balance thereof shall be returned to you in accordance with Clause 51 below. You are not required to return the Solar PV System to us thereafter. 
    5. The payment of the Solar PV System non-return fee by you is without prejudice to any other Charges and fees due to us including Charges under the Plan and the Early Termination Charge. It shall be your obligation to uninstall, dismantle and/or return the Solar PV System in accordance with the terms and conditions stated herein.
    1. You are responsible for payment of all Charges associated with the Plan. Amount due will be as reflected in your Maxis Bill. You can make payment through all accepted payment channels as set out in https://www.maxis.com.my/en/faq/manage-account/bill-and-payment/view-and-download-bill/.
    2. In the event that you fail to pay any Charges or amounts due under the Agreement within the specified payment terms, Maxis reserves the right to terminate the Agreement and repossess the Solar PV System. Maxis shall provide you written notice of default, giving you a reasonable period to remedy the non-payment. If you fail to remedy the non-payment within the specified period, Maxis may terminate the Agreement and enter the Premises to repossess the Solar PV System without further notice or legal proceedings. You agree to grant Maxis and/or Maxis Authorized Personnel full access to the Premises for the purpose of repossession and waive any claims or liabilities against Maxis arising from such repossession. The termination and repossession shall not relieve you of the obligation to pay any outstanding Charges or amounts owed to Maxis. The exercise of such rights by Maxis shall be without prejudice to any other rights or remedies available to Maxis under the Agreement.
    3. Maxis reserves the right to impose Charges in any of the following events:
      1. You request for cancellation of the Proposal or Plan after completion of the Installation;
      2. You request for cancellation of the Plan after the NEM Commissioning Date or Commencement Date;
      3. Revisions to Installation specifications that deviate from agreed upon Proposal;
      4. Cancellation or rescheduling of appointment(s) less than three (3) days prior to the agreed appointment date, including the date of the Premise Survey and Installation appointment date of the Solar PV System;
      5. You are not contactable or not at your Premises on any agreed appointment date, including the date of the Premise Survey and/or Installation appointment date;
      6. Where Maxis and/or Maxis Authorized Personnel are required to be onPremises to provide non-Maxis related support and/or rectify non-Maxis related issues with regard to the Installation and/or Operation of the Solar PV System;
      7. Prolonged internet connectivity disconnection for a period of more than fourteen (14) days for Maxis to conduct monitoring of the Solar PV System; and/or
      8. Where there is a need for Maxis to provide support for drop in efficiency of the Solar PV System caused by extensions or alterations to the Premises.
    4. The deposit paid by you in accordance with Clause 19 above is subject to the following conditions:
      1. The deposit paid by you is as security for the due observance and performance by you of your obligations under the Agreement.
      2. The deposit amount shall be maintained throughout the Minimum Commitment Period at such sum as may be specified in the Proposal.
      3. The deposit shall not, without Maxis prior written consent, be deemed to be or treated as payment of the Charges. 
      4. No increase in the deposit is required if the Charges are increased, unless otherwise specified in the Proposal. 
      5. Maxis may set off the deposit against any Maxis Bill issued and/or Charges due from you under the Agreement. If the deposit is set off by us and the Plan is not terminated, you shall reinstate the deposit by paying us the amount that was set off so that the deposit amount shall be maintained at all times at the value as specified in the Proposal.
      6. We shall refund the deposit (or any balance thereof) to you within ninety (90) days from the date of expiry or termination of the Plan, after deducting any unpaid Maxis Bill or outstanding Charges due and payable by you to us under the Agreement, free from any interest.
    5. You acknowledge and agree to pay all Charges due and payable by you and that Charges shall not be waived, absolved or diminished by virtue of your failure or neglect to check, enquire, understand and ascertain the nature of Solar PV System services purchased by you and the applicable charges associated with such Solar PV System and ancillary services under the Plan. You further acknowledge that it shall be your sole responsibility to request from Maxis any Maxis Bill not received for any given billing period.
    6. Where you subscribe for Maxis Home Solar Energy Generation, the Monthly Charges of Maxis Solar Fixed Fee of the equivalent tier to your Maxis Home Solar Energy Generation as indicated in the Proposal will apply to you.
    7. You shall be responsible for all reasonable costs incurred by Maxis in the collection of any overdue Charges or amount.
    1. You acknowledge and agree that during the Minimum Commitment Period:
      1. the title and ownership interest of the Solar PV System (and all other entitlements relating thereto) belongs to and shall be wholly vested in Maxis. Nothing in this SSTC shall be construed as transferring the title or ownership interest of the Solar PV System to you unless otherwise expressly stated.
      2. except as otherwise expressly stated, you shall have no other right, title and/or interest in or to the Solar PV System and you shall not make any representation to the contrary.
      3. you shall contact us in the event of any fault or damage to the Solar PV System.
      4. you shall not directly or indirectly give or allow another person to give any interest in or lien over the Solar PV System or any part thereof. You shall promptly, at your own costs and expenses, take all such actions as may be necessary to duly discharge or eliminate any such liens over the Solar PV System upon obtaining actual knowledge thereof.
      5. you shall keep the Solar PV System at all times free and clear from all claims, levies, liens, process, security interest and encumbrances.
      6. you shall not disconnect, dismantle, alter, repair, or modify the Solar PV System (or any part thereof) in any way, including but not limited to reverse engineering the Solar PV System, decompiling or disassembling the Solar PV System.
      7. you shall, prior to making any proposed extensions or alterations to the Premises, allow Maxis to recommend modifications or revisions to such proposed extensions or alterations to the Premises. You shall at all times consider and comply with the recommendations made by Maxis if such recommendations relate to the safe and proper Operation of the Solar PV System. In this regard, you acknowledge and agree that Maxis may impose Charges on you for any rectification works required to ensure safe and proper Operation of the Solar PV System due to any extension or alteration to the Premises. For the avoidance of doubt, the imposition of any Charges by Maxis is regardless of whether the recommendations made by Maxis are complied with or not.
      8. you shall not, or allow any third party to, relocate, initiate or conduct activities that could reasonably damage, impair or otherwise adversely affect the Solar PV System or its functions.
    1. You may opt to exercise an advanced buy-out of the Solar PV System, provided you make full payment for the Early Termination Charge and Solar PV System non-return fee at any time after the Commencement Date before the end of the Minimum Commitment Period.
    1. For the purpose of providing the Solar PV System and to ensure the Solar PV System functions optimally and safely, you hereby grant permission for Maxis and/or Maxis Authorized Personnel to remotely monitor the Solar PV System and utilize your home internet connection either via wired and/or WiFi connectivity, which must be maintained in working and acceptable condition throughout the Term, at no cost to Maxis. You are further required to promptly inform us of any changes to your home internet connection that may affect the Solar PV System monitoring.
    2. Unauthorized shutdown and modification of the Solar PV System is strictly prohibited.
    3. Maxis reserves the right to replace or modify the configuration or placement of the Solar PV System to optimize its performance at no costs to you, and you agree to grant Maxis and/or Maxis Authorized Personnel full access to the Premises to carry out such replacement or modification.
    4. Except as expressly stated under the Agreement, Maxis is not liable and does not warrant that the Operation of the Solar PV System is error-free, provided without interruption or fault. The Operation of the Solar PV System may be interrupted due to (a) emergencies, operational necessity or technically necessary; (b) occurrence of any Matters Beyond Our Reasonable Control; and/or (c) occurrence of disruption due to acts of third parties. If you are aware, you ought to notify Maxis of such interruption; and if we are aware we shall notify you of the same. Maxis shall restore the affected Operation(s) as soon as reasonably practicable upon the cessation of the above events.
    1. You are responsible, at all times, for the safety of Our Equipment in your Premises.
    2. Our Equipment provided on Installation has a warranty that is effective throughout the Minimum Commitment Period (“Warranty Period”). The warranty applies to Our Equipment which covers manufacturing defects during the Warranty Period. You agree that repairs, defects, and/or faults shall be subject to the applicable warranty issued by Maxis as stipulated in the Proposal.
    3. Upon expiration or termination of the Plan, the remaining tenure of the warranty will be transferred to you, except where Maxis retakes possession of the Solar PV System in accordance with the terms of the Agreement.
    4. Maxis may at its absolute discretion modify or substitute any components as required depending on the Premises condition and the availability of the components, provided however that such replaced component(s) is of equivalent specification, application and performance.
    1. You agree and authorise Maxis to take out, on your behalf and at Maxis’ cost, Solar PV All Risks insurance policy underwritten by MSIG Insurance Malaysia Bhd (Registration No. 197901002705) (46983-W) (“Insurance”) to cover risks of your use of the Solar PV System. You may refer to https://www.msig.com.my/pdf/Solar%20PV%20All%20Risks%20Ins%20Broc.pdf for details of coverage in respect of the Insurance. You may request for the policy wordings and certificate from us, and we will share with you the same via email within seven (7) Working Days of our receipt of from your request.
    2. Expiration or termination of the Plan will automatically terminate the Insurance. You shall be responsible to obtain insurance for the Solar PV System at your own cost and expense upon expiration or termination of the Plan. 
    1. You cannot change the Plan you subscribed to throughout the Minimum Commitment Period.
    2. We reserve the rights to introduce and deliver new service over a shared infrastructure. You may subscribe to such new or additional service by way of a written request to us and the relevant service terms and conditions shall be deemed accepted by you upon your acceptance and/or usage of such new and/or additional service. This applies to service we may provide as a package to you.
    1. EXCEPT AS EXPRESSLY PROVIDED UNDER THE AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLAR PV SYSTEM AND ANY SERVICES IS PROVIDED BY MAXIS ON AN “AS IS” BASIS AND MAXIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, EXPRESS OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR TO THE SOLAR PV SYSTEM’S AVAILABILITY TO PROVIDE SAVINGS ON ELECTRICITY COSTS OR UTILITY BILLS AND ALL WARRANTIES FOR TITLE AND NON-INFRINGEMENT. MAXIS SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR SAVINGS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION) OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF MAXIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. EXCEPT AS SET FORTH IN THE AGREEMENT TO BE ENTERED BETWEEN THE PARTIES, THE PROVISIONS OF THIS CLAUSE 69 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THE PLAN AND/OR AGREEMENT FOR ANY REASON.
    1. We will take reasonable precaution in performing Installation works, maintenance of the Solar PV System and any other ancillary services in relation to the Solar PV System at the Premises but will not be liable, to the extent permissible by applicable laws, in respect of:
      1. the structural integrity of the Premises including the roof;
      2. the roof’s ability to carry the weight of the Solar PV System(s); 
      3. any damage to the roof or Premises which is not due to our negligence or breach of this Agreement; and
      4. any pre-existing condition or defect relating to the Premises.
    2. To the extent permitted by applicable laws, Maxis shall not be responsible for any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part due to Installation of the Solar PV System at the Premises. 
    3. Unless otherwise specified in the Agreement, Maxis shall not be responsible for any losses or damages caused or contributed by either: (i) your breach of any of your obligations under the Agreement; and (ii) third-party services or products which you access, use or acquire (whether by yourself or by Maxis acting on your behalf) together with the Solar PV System, nor shall Maxis be responsible for any losses suffered by you due to any system interruption or suspension. 
    4. Save where prohibited by applicable laws and due to the negligence, wilful default or misconduct of a party and/or unless otherwise specified in the applicable SSTC, Maxis’ liability to you for all damages, losses, costs or expenses arising out of, in connection with or related to the Plan and this SSTC, regardless of the legal principle that imposes such liability, whether in contract, equity, intended conduct, tort or otherwise, will be limited to and will not exceed, (in the aggregate for all claims, actions and causes of action of every kind and nature), an amount equivalent to the total Monthly Charges paid by you to Maxis for the month immediately preceding the event giving rise to the claim (excluding any third party recurring charges). 
    5. You shall indemnify and hold Maxis harmless against any and all losses, damages, liabilities, costs, expenses or claims (including reasonable legal expenses) suffered or incurred by Maxis arising directly or indirectly from or in connection with:
      1. any failure by you to comply with any of the provisions of the Agreement including the Proposal, such other rules, regulations and policies as specified therein, third party service providers terms of services, any instructions, notices or directions issued by Maxis and/or any Government Authority or any applicable laws in force;
      2. any claims for libel, infringement of intellectual property rights or breach of any applicable laws whatsoever, arising from or to the extent attributable to any material transmitted, received or stored via the Solar PV System and from all claims arising out of any act or omission by you or any unauthorized use of the Solar PV System;
      3. any damage to Maxis’ property, any damage to any property (including third party’s property) or personal injury (including death) to the extent attributable to any act or omission by you and of any person under your control or acting under your authority or permission; or 
      4. any and all claims, demands, proceedings or fines made or imposed against Maxis by a third party arising out of, in connection with or due to your breach of any of the provisions under the Agreement or in using the Solar PV System, including claims for defamation,, death or personal injury and/or property damage. 
    1. We reserve the rights, at any time, without being liable to you or any third party, to interrupt, bar, suspend, restrict the Solar PV System for such time as we see fit or withdraw, terminate, turn-off or disconnect the Solar PV System if:
      1. the Solar PV System, our system or the National Grid is being upgraded, modified or maintained;
      2. your usage shows excessive usage or places an unusual burden on the National Grid;
      3. we determine that the Solar PV System is or may be used by you for unlawful activities or for suspected fraudulent activities;
      4. Matters Beyond Our Reasonable Control occurs which prevents us from performing and/ or continuing our obligations under the Agreement; 
      5. your usage is for commercial, non-personal and/or reselling purposes; and/or
      6. your usage is contrary to any of the terms and conditions of the Agreement.
    2. At any point upon during Term, Maxis shall have the right to access the Premises to remove, suspend or turn-off the Solar PV System immediately in the following situations: 
      1. you defaulted in payment for any Charges and/or Maxis Bill; and/or
      2. Maxis’ removal, suspension or turning-off of Solar PV System is pursuant to a direction, order or notice issued by TNB or any Government Authority.
    1. Subject to the terms of this SSTC, you may terminate the Plan with thirty (30) days prior written notice to Maxis.
    2. Upon termination of the Plan, you acknowledge and agree that Maxis shall: 
      1. be entitled and authorised to enter the Premises to uninstall and repossess the Solar PV System; and
      2. all Charges shall be due and payable immediately.
    3. Maxis reserves the right to terminate the Plan if the Solar PV System is suspended for a period longer than ninety (90) days. For any termination of the Plan resulting from such suspension, any of your other service(s) and/or plan(s) (if any) that is tied with the Solar PV System may also be terminated, subject to the applicable terms and conditions for such service(s) and/or plan(s).
    1. In the event of your death or incapacity, the existing Plan with Maxis under this Agreement shall be novated to your legal successor, next of kin or permitted assigns (“Successor”). Upon such novation, the Successor shall assume all of your obligations and responsibilities under the Plan and/or Agreement, including payment of the Charges, as if he/she was you. The Successor shall be solely responsible for: 
      1. applying for, obtaining and/or applying for transfer or novation of any relevant Permit required to continue the Plan and/or use of the Solar PV System; and
      2. entering into any NEM Contract to ensure he/she can participate in the NEM Program. 
    2. If the Successor chooses to terminate the Plan, Maxis’ account and/or the Agreement, Clauses 41 to 43 above shall apply to the Successor. 
    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 from 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.