1.

DEFINITIONS

1.1

"Addendum(s)" means any addendum(s) or supplement(s) executed by Customer and accepted by MMSSB for value added, supplemental or additional Services.

1.2

"Agreement" means the agreement for Services made between MMSSB and a Customer in accordance with these terms and conditions, the Registration Form, the Addendums, the terms of services, policies and procedures of the individual rate plans and all other documents which are expressly agreed to form part of the Agreement.

1.3

"Bank" means the authorized banks or financial institutions or such other entity which may be nominated by MMSSB from time to time.

1.4

"Bursa Malaysia" means Bursa Malaysia Securities Berhad

1.5

"Card" means the credit or charge card (as applicable) nominated by the Customer as payment for the Services and accepted by MMSSB.

1.6

"Cardholder" means the lawful and authorized user of the Card whose name is embossed thereon and whose signature appears on the Card.

1.7

"Card Issuer(s)" refers to any bank or legal entity which is the issuer for the Card.

1.8

"Customer" means the individual, sole proprietorship, partnership, company or entity named in the Registration Form overleaf whose application for Services or any part thereof has been accepted and approved by MMSSB. An individual applicant must be at least 18 years of age.

1.9

"Direct Debit" means the direct debit bill payment service offered by MMSSB whereby a Customer's periodic official bill statement may be automatically billed into the Customer's Card account for settlement.

1.10

"Donor Network Operator" means a mobile service provider from which a Mobile Number has been or is to be ported out.

1.11

"International Mobile Equipment Identification (IMEI)" is a unique electronic serial number sealed into the Mobile Equipment.

1.12

"m-Billing" is a service offered whereby the Customer's periodic official bill statement may be viewed, and the Customer has the option to pay the outstanding amount using the Customer's Card account for settlement.

1.13

"MMSSB" means Maxis Mobile Services Sdn Bhd (formerly known as Malaysian Mobile Services Sdn Bhd (Company No. 73315-V).                                                                  

1.14

"MAXIS" is the service name of the Global System for Mobile Communications (GSM) Service.

1.15

"Mobile Equipment" means equipment with a transmitter and receiver which does not contain any Personal Information.

1.16

"Mobile Number" means Mobile Station International Subscriber Directory Number (MSISDN).

1.17

"Mobile Number Portability"/"MNP" means the ability for Customers to change from one mobile service provider to another and retain their Mobile Number.

1.18

"Mobile Phone" is composed of the Mobile Equipment and SIM Card which facilitates the use of the Services.

1.19

"Pay-By-Phone" means the Pay-By-Phone service whereby the Customer's periodic official bill statement per account may be charged to the Customer's Card account for settlement as advised by the Customer via telephone for each payment.

1.20

"Personal Information" means information collected by MMSSB from a Customer including all information and details in relation to the Services provided by MMSSB to the Customer.

1.21

"Port or Porting" means the transfer of Customer's Mobile Number from one mobile service provider to another.

1.22

"Recipient Network Operator" means a mobile service provider to which a Mobile Number has
been or is to be ported in.

1.23

"Registration Form" means Customer's duly completed application form for registration to subscribe to the Services, which has been accepted and approved by MMSSB, the form and content of which are set out overleaf.

1.24

"Related Corporations" means the related corporations as defined under the Companies Act, 1965 and include their respective employees and directors.

1.25

"Service(s)" means the mobile telecommunication services to be provided by MMSSB to a Customer pursuant to the Agreement and any value added, supplemental or additional Services as may be stated in the Registration Form or Addendum(s).

1.26

"SIM Card" for GSM Services means either a card or plug-in module with a microchip which contains all necessary Customer information. The SIM Card has to be inserted into the Mobile Equipment in order for a call to be made.

1.27

"SKMM" means the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM), also known as Malaysian Communications and Multimedia Commission, established under the Malaysian Communications and Multimedia Commission Act 1998 (CMA 1998).

1.28

"Working Days" means, save for the states of Kedah, Terengganu and Kelantan, Mondays to Fridays and Saturday (half day) excluding public holidays and Sundays. In relation to the states of Kedah, Terengganu and Kelantan, Saturdays to Wednesdays and Thursday (half day) excluding public holidays and Fridays.

2.

DURATION OF AGREEMENT

2.1

The Agreement between the Customer and MMSSB shall be in force from the date the Customer's Registration Form for Services is approved by MMSSB, which is signified by availability of the Services to the Customer. Approval of the Customer's application for Services shall be at MMSSB's absolute discretion and shall be in force unless terminated in accordance with the Agreement.

2.2

Approval by MMSSB of the Customer's application for one Service does not necessarily imply approval of nor oblige MMSSB to accept the Customer's application for registration for other types of Services comprising the Services applied for.Approval by MMSSB of Customer's application for registration for the other services comprising the Services is at MMSSB's absolute discretion.

3.

CUSTOMER'S RESPONSIBILITY

The Customer must, throughout the duration of the Agreement:

3.1

Promptly pay all amounts due to MMSSB as reflected in the official bill statement and for all charges whatsoever occasioned by the use of the Service, including all charges to supplementary lines, irrespective of whether such charges were authorised by the Customer, had exceeded the Customer's credit limit orhad arisen from any other causes whatsoever.

3.2

Cease to utilize the Services or any part thereof for such period as may be required by MMSSB.

3.3

Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of Services or part thereof from any cause whatsoever.

3.4

Ensure that the Customer's Mobile Equipment, SIM Card and Mobile Number are lawfully owned/used/possessed and that such ownership/usage/possession is not in contravention of any laws or regulations of Malaysia.

3.5

Ensure that the Service is used solely for the reception and transmission of messages (including without limitation picture, data and audio files) and other telecommunications by the Customer or other persons using the Customer's Mobile Phone.

3.6

Not use the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any person.

3.7

Comply with all notices or directions relating to the Customer's use of the Service, the Mobile Equipment, SIM Card and Mobile Number as MMSSB may see fit to issue from time to time or if MMSSB has reason or cause to suspect that the Customer is not complying with the Customer's responsibilities and obligations under this Agreement.

3.8

Be fully responsible for any voice or data transmitted or broadcasted by the Customer or persons using the Customer's Mobile Phone (whether authorised by the Customer or not).

3.9

At all times keep the personal identification number (PIN) of the Customer's SIM Card confidential and not release the PIN to any other person.

3.10

Report immediately to MMSSB upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Phone and its use. In this respect, the Customer agrees to lodge a police report whenever instructed by MMSSB (if one has not already been lodged) and to give MMSSB a certified copy of such report.

3.11

indemnify and shall keep indemnified MMSSB from any loss, damage, liability or expenses arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof and from all other claims arising out of any act or omission of the Customer or any unauthorized use or exploitation of the Services or part thereof.

4.

OTHER PAYMENTS

4.1

Upon submission and approval of the Registration Form, the Customer shall pay to MMSSB such payments (which may include without limitation, a refundable deposit) as may be required by MMSSB for the registration of the Services or part thereof.

4.2

Any refundable deposit shall be held to the Customer's credit and repaid to the Customer without interest after termination of the Agreement, and subject to the deduction of any amount due to MMSSB by the Customer. MMSSB reserves the right to deduct from the refundable deposit any amount due and payable to MMSSB at any time and may request the Customer to make a further refundable deposit payment towards maintaining the refundable deposit at the level determined by MMSSB.

4.3

The Customer has 14 days from the date of the official bill statement to notify MMSSB in writing of any valid disputes or errors arising from the official bill statement, failing which the Customer will be deemed to have accepted the official bill statement rendered for any period as correct and final.

4.4

The Customer hereby acknowledges and agrees that its obligation to pay promptly all charges due and payable as stated in the official bill statement to MMSSB shall not be waived, absolved or diminished by virtue of:-
(a)     the Customer not receiving any official bill statement from MMSSB for any particular billing period; and/or
(b)     the Customer's failure or neglect to check, enquire, understand and ascertain the nature of the Services subscribed or used by the Customer and the applicable charges associated with such Services.

4.5

In addition to its obligations under Clause 3.1, it shall be the Customer's responsibility to:-
(a)     request from MMSSB for the official bill statement which it has not received for any given billing period;
(b)     to check the applicable handbooks or brochures and/or addendums or supplemental thereto made available by MMSSB from time to time and make the necessary enquiries with MMSSB to understand and ascertain the nature of the Services subscribed or used by the Customer and the applicable charges associated with the Services.

4.6

In the event of any fees or charges remaining unpaid after becoming due, MMSSB may charge interest at the rate of 1.5% per month (such rate to be applicable before and after judgment) on the overdue amount, calculated on a daily basis commencing from the date after the due date for payment up to, and including the date of payment or RM10.00 per month whichever shall be the higher, and the Customer shall be liable to pay such amounts. MMSSB may also, at its sole discretion, waive any late payment charges or interest on any overdue amount.

4.7

MMSSB shall be entitled to vary the amount of deposit, fees and any other charges for the Services or part thereof at any time by notice to the Customer.

4.8

At MMSSB's absolute discretion, any credit balance in the value of Ringgit Malaysia Ten (RM10.00) and below in a deactivated account, whereby such credit balance value may be changed from time to time, as and when deemed necessary by MMSSB, shall be absorbed as administration fees for the Service(s) and/or other services as may be provided by MMSSB and/or its Related Corporations with an outstanding amount, as deemed necessary by MMSSB at any time.

4.9

The Customer agrees to bear all legal costs and expenses incurred by MMSSB in recovering any moneys, charges, costs, and expenses payable by the Customer under the Agreement, and the Customer also agrees to indemnify MMSSB against all costs, expenses and charges or legal fees incurred by MMSSB in enforcing the Agreement or in bringing any action or proceeding to recover all charges, costs and expenses payable by the Customer.

4.10

The Customer agrees that a certificate signed by an authorised personnel in MMSSB as to the monies for the time being due and owing to MMSSB from the Customer shall be conclusive evidence or proof that the amount appearing therein is due and owing and payable by the Customer to MMSSB in any legal proceedings. Any admission or acknowledgement in writing by the Customer or any person authorised by the Customer of the amount of indebtedness of the Customer to MMSSB and any judgement recovered by MMSSB against the Customer in respect of such indebtedness shall be binding and conclusive evidence in any courts within or outside Malaysia. For the avoidance of doubt, in the event of a conflict or inconsistency between the official bill statement and the certificate of indebtedness, the certificate of indebtedness shall prevail.

5.

MOBILE NUMBER PORTABILITY/MNP

5.1

1. the Mobile Numbers requested for Porting by the Customer must be in the range of Mobile Numbers as approved by SKMM from time to time;
2. Mobile Number Porting is subject to existing geographic numbering requirements;
3. only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended, terminated, blacklisted on the defaulters database and/or barred shall not be eligible for Porting; and
4. MMSSB may, upon receipt of a Port request from the Customer, notify the Customer by way of SMS the progress of the Customer's Port request

5.2

The Customer is allowed to Port from prepaid Services to postpaid Services and vice versa. However, the Customer agrees and accepts that all Porting requests are subject to the respective MMSSB terms and conditions for new registration.

5.3

The Customer acknowledges and accepts that all Customer's Services associated with the Mobile Number provided by the DNO, including but not limited to, value added services, rate plans, charges and fees will be terminated when the SIM card of the DNO is deactivated upon the Customer's successful Porting to the RNO and activation of MMSSB's SIM Card. MMSSB shall not be held liable or responsible to any Customer or any third party claiming through a Customer for any loss or damage whether direct, indirect, special or consequential, or for loss of business, revenue or profits or of any nature suffered by any Customer, or any person authorized by any Customer, or any injury caused to or suffered by a person or damage to property arising from or occasioned by termination of the DNO SIM Card and the Customer's services associated with the Mobile Number provided by the DNO.   

5.4

The Customer is responsible for identifying the supplementary Mobile Numbers (e.g. voice, fax and data) that the Customer wishes to Port along with their primary Mobile Numbers and to provide all information necessary to satisfy MMSSB to proceed with the Porting request.

5.5

The Customer expressly consents, acknowledges and agrees that the Customer's request to MMSSB to Port the Customer's Mobile Number represents a notice to terminate the Customer's subscription with the DNO. MMSSB shall not be held responsible or liable for any unsuccessful termination of the Customer's subscription with the DNO and resulting failure to Port with MMSSB.

5.6

1. is not responsible for any period of outage of the Customer's mobile service or any related ancillary services;
2. is not liable to the Customer or any person claiming through the Customer for any damage, loss, costs or expenses or other liability in contract or tort or otherwise direct or indirect, for or in relation to the Port, or Port withdrawal or Port reversal, for any reason whatsoever;
3. will not refund the Porting fee.

5.7

The Customer shall be responsible to fully settle all outstanding bills from the DNO.  In the event of non-payment by the Customer of all outstanding bills from the DNO, the services with MMSSB may be disrupted.

5.8

Acceptance of these Services/this Agreement's terms and conditions will only be effective upon activation of the Ported number by MMSSB. 

5.9

In addition to clause 8 of this Agreement and for purposes of the Porting activity, the Customer expressly authorizes MMSSB to provide information regarding the Customer's Mobile Number to be disclosed to other telecommunication service providers to enable the transfer of the Customer's Mobile Number from one telecommunication service provider to another.

5.10

The Customer acknowledges and accepts that any fees paid for Porting are non refundable.

6.

SUSPENSION AND TERMINATION

6.1

The Customer may at any time terminate the Agreement by giving MMSSB prior notice in writing. The Service shall be deemed terminated within four (4) Working Days from receipt of the termination notice by MMSSB.

6.2

MMSSB shall be entitled at its absolute discretion to immediately suspend/terminate the Services or Agreement, without liability, at any time, without any notice and may not be required to give any reason whatsoever, including but not limited to the following reasons:

1. if any technical failure occurs in the Services or the Related Corporations' network;
2. while the Services are being upgraded, modified or maintained;
3. if the Customer breaches any of the terms and conditions of the Agreement and/or any Addendum;
4. if the Customer does anything which may in MMSSB's opinion, lead to, including but not limited to, the damage or injury to the Services or MMSSB's and/or the Related Corporations network, reputation;
5. if MMSSB is required to do so by law, statute, enactment, code or by any relevant authorities;
6. if it is in MMSSB's opinion that the Services or the Related Corporations network is or may be used fraudulently, illegally or for unlawful purposes.

MMSSB will endeavour to resume the Services as soon as possible if suspension or disconnection occurs for the reasons set out in Clause 6.2(a) and (b) above. The Customer shall be liable for all applicable charges during the period of interruption, suspension or loss of the Services or part thereof from any cause whatsoever.

6.3

Upon termination of the Agreement by either party, the Customer shall be liable to MMSSB for:-

1. the monthly subscription, access or other monthly fee for Services for the entire month in which the termination was effective,
2. any call or other usage charges incurred by the Customer up to and including the effective date of termination; and
3. any other outstanding amounts.

6.4

Upon the termination of the Agreement, all monies owing to MMSSB by the Customer in accordance with the Customer's account shall become immediately due and payable and the Customer shall upon the demand of MMSSB settle his account promptly.

6.5

Upon suspension, MMSSB may at its absolute discretion reconnect the Services, subject to the Customer paying a reconnection fee, all outstanding amounts due to MMSSB and a refundable deposit as may be required by MMSSB for the reconnection of the Services.

7.

MMSSB'S RIGHT

7.1

MMSSB and/or its Related Corporations reserves the right to make any alteration or changes to the Services, or any part thereof, or suspend the Services or any part thereof without prior notice and MMSSB and/or its Related Corporations shall not be liable for any loss or inconvenience to the Customer resulting therefrom.

7.2

MMSSB reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend the terms and conditions of the Agreement or any part thereof. The Customer will be given written notice of such amendments. The Customer's continued use of the Services after the effective date of any variation, addition or amendments to the terms and conditions of the Agreement shall constitute unconditional acceptance of such variations, additions or amendments by the Customer. If the Customer does not accept such variation, addition or amendments, the Customer shall be entitled to terminate the Agreement by giving prior written notice to MMSSB.

7.3

MMSSB reserves the right at any time to require the Customer to pay any outstanding amount within seven (7) days from such notice to the Customer.

7.4

Use of the Services is subject to the Customer's credit limit. Upon the Customer's request and/or when MMSSB deems fit in its absolute discretion, the credit limit may be restricted, limited, reduced or increased subject to further terms and conditions as MMSSB deems fit to impose. MMSSB may in its absolute discretion bar or suspend the Services or part thereof if the credit limit is exceeded but MMSSB is not obliged to ensure and makes no representation whatsoever that automatic suspension or barring of the Services or part thereof will occur upon the call and other usage charges reaching the Customer's credit limit. It is the Customer's responsibility to ensure that its calls and other usage charges do not exceed the credit limit. For the avoidance of doubt, the Customer shall be obliged to promptly pay all call and other usage charges notwithstanding that the credit limit has been exceeded.

8.

PERSONAL INFORMATION

8.1

The Customer hereby acknowledges that he is aware his Personal Information will be used and/or disclosed for the purposes set out in Clauses 8.2 and 8.3 below.

8.2

The Customer hereby expressly consents that MMSSB may use his Personal Information for any purpose which is necessary or related to MMSSB's provision of the Services to the Customer. In this respect, the Customer also expressly consents that MMSSB may disclose his Personal Information to MMSSB's agents, contractors, business partners, associates or such other parties as are necessary to facilitate the provision of the Services by MMSSB to the Customer.

8.3

In addition and without derogation to Clause 8.2 above, the Customer further expressly consents that MMSSB may use and/or disclose his Personal Information as follows:­-

1. to MMSSB's shareholders, Related Corporations and affiliated companies for purposes of providing any goods or services to the Customer;
2. to MMSSB's agents, contractors, business partners or associates for purposes of marketing programs or providing any goods or services to its Customers;
3. to MMSSB's agents or contractors for the purposes of recovering any amount due to MMSSB;
4. to payment channels including without limitation, financial institutions for purposes of maintaining financial records, assessing or verifying credit and facilitating payments of any amount due to MMSSB pursuant to the Agreement;
5. to regulatory, governmental bodies or other authorities in compliance with requirements under law or towards the detection or prevention of crime, illegal/unlawful activities and/or fraud;
6. to any party involved in or related to a legal proceeding, for purposes of the legal proceedings;
7. to other service providers or to parties nominated or appointed by MMSSB either solely or jointly with other service providers, for purposes of establishing and maintaining a common database of customers;
8. for any purpose which is necessary or related to MMSSB's provision of the Services to you and/or
9. to MMSSB's professional advisors on a need to know basis.

8.4

Save in accordance with Clauses 8.2 and 8.3 above and except as permitted or required under any enactment, law, statute or code, MMSSB will not use or disclose the Customer's Personal Information.

8.5

The Customer hereby acknowledges his awareness that failure to provide complete and correct information to MMSSB as required in the Agreement including the Registration Form or any Addendum, may result in his application for Services being rejected, the Services or Agreement being terminated and/or correspondence from MMSSB including without limitation, bill statements failing to reach the Customer.

9.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MMSSB AND/OR ITS RELATED CORPORATIONS SHALL NOT BE LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICES INCLUDING BUT NOT LIMITED TO: -

1. AVAILABILITY, ACCESSIBILITY, TIMELINESS AND UNINTERRUPTED USE OF THE SERVICES;
2. EQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED USING THE SERVICES;
3. SEQUENCE. ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION PROVIDED TO CUSTOMER AS PART OF THE SERVICES E.G. VIA MAXIS INTERACTIVE SERVICES (MIS) OR MOBILE INTERNET SERVICES.

10.

MMSSB'S AND/OR ITS RELATED CORPORATIONS' LIABILITY

10.1

MMSSB AND/OR ITS RELATED CORPORATIONS SHALL NOT BE LIABLE TO ANY CUSTOMER, OR ANY THIRD PARTY AUTHORIZED BY OR CLAIMING THROUGH A CUSTOMER FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, OR FOR LOSS OF BUSINESS, REVENUE OR PROFITS OR OF ANY NATURE SUFFERED BY ANY CUSTOMER, OR ANY PERSON AUTHORIZED BY ANY CUSTOMER, OR ANY INJURY CAUSED TO OR SUFFERED BY A PERSON OR DAMAGE TO PROPERTY ARISING FROM OR OCCASIONED BY:-

1. THE USE OR INABILITY TO USE BY THE CUSTOMER OR ANY PERSONS AUTHORIZED BY THE CUSTOMER, OF THE SERVICES OR ANY PART THEREOF AND THE MOBILE PHONE OR SIM CARD;
2. ANY MALFUNCTION, UNAUTHORISED USE, CLONING OF OR DEFECT IN THE MOBILE PHONE/ SIM CARD OR THE LOSS OF THE MOBILE PHONE, SIM CARD OR SERVICES OR ANY PART THEREOF FOR WHATEVER REASONS.
3. ANY ACT, OMISSION, ERROR, DEFAULT OR DELAY BY MMSSB AND/OR ITS RELATED CORPORATIONS, ITS OFFICERS, EMPLOYEES AND AGENTS IN RELATION TO THE SERVICE.

10.2

WITHOUT LIMITING THE GENERALITY OF CLAUSE 10.1, MMSSB AND/OR ITS RELATED CORPORATIONS SHALL NOT BE LIABLE FOR:-

1. ANY CLAIM FOR LIBEL, SLANDER, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE TRANSMISSION AND RECEIPT OF MATERIAL IN CONNECTION WITH THE SERVICES AND ANY CLAIMS ARISING OUT OF ANY ACT OR OMISSION OF THE CUSTOMER IN RELATION TO THE SERVICES OR ANY PART THEREOF.
2. ANY LOSS OR DAMAGE CAUSED TO THE CUSTOMER AS A RESULT OF THE SUSPENSION/BARRING/TERMINATION OF THE AGREEMENT AND THE INTERRUPTION/LOSS OF THE SERVICES OR ANY PART THEREOF FROM ANY CAUSE.
3. ANY LOSS, DISTORTION OR CORRUPTION OF DATA ARISING FROM THE USE OF THE SERVICE TO TRANSMIT DATA OR FOR DATA COMMUNICATION PURPOSES AT ANY STAGE OF THE TRANSMISSION INCLUDING ANY UNLAWFUL OR UNAUTHORISED ACCESS TO THE CUSTOMER'S TRANSMISSION OR DATA.
4. INTERRUPTION OR UNAVAILABILITY OF THE SERVICE AS A RESULT OF INCLUDING BUT NOT LIMITED TO ADVERSE WEATHER CONDITIONS, ELECTROMAGNETIC INTERFERENCE, EQUIPMENT FAILURE OR CONGESTION IN MMSSB AND/OR THE RELATED CORPORATIONS' NETWORK OR TELECOMMUNICATION SYSTEMS.

10.3

MMSSB and/or its Related Corporations shall not be liable for, and the Customer agrees to indemnify MMSSB and/or its Related Corporations against all claims, losses, liabilities proceedings, demands, costs and expenses (including legal fees) which may result or which MMSSB and/or its Related Corporations may sustain in connection with or arising from the provision of the Services to the Customer.

10.4

Without prejudice to the foregoing, in the event a court or an arbitrator holds or finds MMSSB and/or its Related Corporations liable to the Customer for any breach or default by MMSSB and/or its Related Corporations, the Customer agrees that the amount of damages payable by MMSSB and/or its Related Corporations to the Customer shall not at any time exceed the sum of RM500.00 notwithstanding any order, decree or judgment to the contrary.

11.

SIM CARD

11.1

The SIM Card shall remain the property of MMSSB at all times and the property of the SIM Card does not at any time pass to the Customer. MMSSB grants the Customer the right to use the SIM Card for the purposes of the Service. The SIM Card must be returned to MMSSB on demand. Risk passes to the Customer immediately upon the execution of this Agreement.

11.2

The Services and/or features to be provided under the SIM Card will depend on the type of Mobile Equipment used.

11.3

A Customer must not change or transfer the SIM Card to any other person unless prior written notice has been served to and written approval has been obtained from MMSSB.

11.4

A Customer must register with and obtain a prior written approval from MMSSB if he intends to obtain a second or further SIM Card. He must pay all fees and charges required for the new subscription. The Agreement shall similarly apply with respect to the additional SIM Card.

11.5

A Customer shall bear full responsibility for the usage of the SIM Card and charges incurred through the usage of the SIM Card including the use by any other person whether authorized by him or not.

11.6

A Customer shall use all precautions to prevent the loss, theft, cloning and/or unauthorised use of the SIM Card. In the event of loss, theft, cloning and/or unauthorised use of the SIM Card, the Customer shall immediately notify MMSSB. Replacement of a SIM Card is subject to such payments as may be prescribed by MMSSB.

11.7

MMSSB shall only replace a defective SIM Card at no cost if the defect is proven to MMSSB's satisfaction to be caused by the manufacturer within 12 months from the date of issuance of the SIM Card.

12.

FORCE MAJEURE

12.1

Without limiting the generality of any provision in the Agreement, MMSSB and/or its Related Corporations shall not be liable for any failure to perform its obligations herein caused by an Act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom MMSSB and/or its Related Corporations has no control over or any cause outside MMSSB's and/or its Related Corporations' reasonable control.

12.2

Notwithstanding the event of force majeure, the Customer shall remain obliged to pay all fees and charges which are outstanding and/or due and payable to MMSSB in accordance with the Agreement.

13.

SEVERABILITY AND EFFECT OF TERMS AND CONDITIONS

13.1

If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

13.2

The terms and conditions contained in the Agreement shall have effect only to the extent not forbidden by law. For the avoidance of doubt, it is hereby agreed and declared in particular, but without limitation, that nothing herein shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.

14.

GOVERNING LAW

14.1

The Agreement shall be governed by and construed in accordance with the laws of Malaysia, excluding its conflict of law rules. Parties agree to submit to the exclusive jurisdiction of the Malaysian courts.

14.2

Where any claims, proceedings, actions, suits or disputes arising or in connection with this Agreement is to be commenced or adjudicated in the High Court of Malaya, the parties agree that it shall be adjudicated in the High Court in Kuala Lumpur or Putrajaya, Malaysia, as the case may be.

15.

NOTICES

15.1

All official bill statements, notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents to be given by MMSSB to a Customer under the Agreement will be in writing and sent to his last known address and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia, as the case maybe.

15.2

All notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents to be given by the Customer to MMSSB under the Agreement must be in writing and sent to the following address: Maxis Mobile Services Sdn Bhd (formerly known as Malaysian Mobile Services Sdn Bhd), Level 18, Menara Maxis, Kuala Lumpur City Centre 50088 Kuala Lumpur. Fax 03-2330 0008.

15.3

All official bill statements, notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents given by MMSSB to the Customer pursuant to this clause shall be deemed to have been served if:-

1. sent by registered post, on the second Working Day after the date of posting irrespective of whether it is returned undelivered;
2. sent by ordinary post, on the fifth Working Day after the date of posting irrespective of whether it is returned undelivered;
3. hand delivered, upon delivery;
4. sent by facsimile, upon successful completion of transmission as evidence by a transmission report and provided that notice shall in addition thereon be sent by post to the other party; or
5. published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia in respect of any change in the Services, terms of the Agreement, charges and/or tariffs.

16.

ASSIGNMENT

16.1

The Customer shall not be permitted to assign or novate any or part of their rights or obligations under the Agreement to any party, without the prior written consent of MMSSB.

16.2

MMSSB may assign or novate all or part of the Agreement to any third party by notice to the Customer without the Customer's prior consent and the Customer agrees to make all subsequent payments as instructed in such or further notice.

17.

INDULGENCE

No delay or indulgence by MMSSB in enforcing any term or condition of the Agreement nor the granting of time by MMSSB to a Customer shall prejudice the rights or powers of MMSSB nor shall any waiver by MMSSB of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

18.

CUSTOMER'S OBLIGATIONS IN RELATION TO CONTENT

18.1

The Customer shall not disseminate or provide to any third party:­-

1. Bursa Malaysia Securities Berhad ("Bursa Malaysia") stock information or any part thereof (whether in its original or adapted form) received as part of Mobile Interactive Services (MIS); or
2. any other information or content (whether in its original or adapted form) received as part of other Services as MMSSB shall inform the Customer from time to time.

18.2

The Customer shall not use any information or content or any parts thereof (whether in its original or adapted form) received as part of the Services (including without limitation, as part of Mobile Interactive Services (MIS)), forpurposes of creation of any commercial products, whether tradable or otherwise including but not limited to, any derivative products whether for the Customer's own purposes or for the purposes of any third party.

19.

MISCELLANEOUS

19.1

No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.

19.2

In the event of a conflict or inconsistency between the Registration Form, these terms and conditions and the Addendums, such inconsistency shall be resolved by giving precedence in the following order: Addendums, these terms and conditions and the Registration Form.

19.3

The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.

19.4

Those clauses which by their nature would survive the termination of the Agreement shall so survive, including without limitation Clauses 3.1, 3.2, 3.3, 3.11, 4.3, 4.5, 4.6, 4.8, 4.9, 6.3, 6.4, 9, 10, 14, 15 and 18.

19.5

Time wherever referred to in this Agreement shall be of the essence.

19.6

The Agreement shall be binding on and shall inure for the benefit of each party's permitted assigns, successors in title, personal representatives, executors and administrators.

19.7

The Customer shall bear all stamp duty, service tax charges, and any other cost or charge imposed by law in connection with the preparation of the Agreement and/or the provision of the Services.

19.8

The Customer shall immediately inform MMSSB in writing of any change of address and/or employment or business.

19.9

Words importing the singular number include the plural number and vice versa.

19.10

Words importing the masculine gender include feminine.

19.11

An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body and any governmental agency.

19.12

All provisions contained herein shall be equally applicable to any and all supplementary lines subscribed by the Customer.

19.13

Notwithstanding anything to the contrary, the Customer hereby agrees to be bound by the terms of service, policies and procedures and/or any variations, additions or amendments made thereto, as may be determined by MMSSB at any time in respect of each and every individual rate plan subscribed by the Customer as provided overleaf.

20.

DIRECT DEBIT, PAY-BY-PHONE AND m-BILLING

20.1

In addition to the foregoing terms and conditions, the provisions set out in this Clause 20 shall at any time during the term of the Agreement apply to Customers whose application for Direct Debit and/or Pay-By-Phone and/or m-Billing has been accepted by MMSSB.

20.2

The Customer declares and undertakes that:-

1. the information supplied overleaf by the Customer is true and correct;
2. the Card nominated overleaf for Direct Debit, Pay-By-Phone and/or m-Billing is in the name of the Customer. Where the Card so nominated is in the name of a third party, the Customer declares and undertakes that the Cardholder has authorized the Customer to use the Card for purposes of Direct Debit, Pay-By-Phone and/or m-Billing hereunder;
3. the Customer is the lawful and authorised holder of the Card or where the Card belongs to a third party, that the Cardholder is the lawful and authorized holder of the Card;
4. the Card is valid and has not expired and shall remain valid and unexpired throughout the duration of the Customer's use of Direct Debit, Pay-By-Phone and/or m-Billing;
5. the Card has not been suspended nor terminated;
6. to promptly pay all amounts due to MMSSB as reflected in the official bill statement and for all charges whatsoever occasioned by the use of the Services irrespective of whether such charges were authorized by the Customer, had exceeded by the Customer's credit limit or had arisen from any other causes whatsoever;
7. the Customer's primary obligation under the Agreement to settle his/her MMSSB Service bills and to settle the same in a timely manner shall continue and shall not be waived, extended nor suspended in any manner whatsoever by the mere approval or agreement of MMSSB to provide the Services to the Customer; and
8. save and except where the fault or delay is clearly attributable to circumstances within MMSSB's reasonable control, all overdue payments shall be subject to interest for late payment and/or such other consequences as provided under the  Agreement.

20.3

The Customer shall allow an interval of at least fourteen (14) days from receipt by MMSSB of the completed registration form for the processing of the application and activation of Direct Debit, Pay-By-Phone and/or m-Billing.

20.4

MMSSB reserves the right at its absolute discretion to approve or reject the Customer's application for Direct Debit, Pay-By-Phone and/or m-Billing without assigning any reason whatsoever. The Customer will be notified in the event that his/her application has been rejected.

20.5

The Customer hereby expressly authorises MMSSB to:-

1. verify that information supplied overleaf with the Card Issuer or any third party as may be necessary;
2. forward the Customer's call transactions, billings and other details to the Bank, the Card Issuer and other relevant parties for and in connection with the Direct Debit, Pay-By-Phone and/or m-Billing;
3. share its database on the Customer with MMSSB's Related Corporations, corporate shareholders, third parties and/or relevant authorities for the provision of integrated or related services, marketing programmes, and/or towards the detection and prevention of crime.

20.6

MMSSB shall not be liable to the Customer:-

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, Pay-By-Phone and/or m-Billing is denied/refused or suspended at any time by any party for any reason whatsoever; or
   
3. if MMSSB is unable to or delays in providing Direct Debit, Pay-By-Phone and/or m-Billing as a result of a power failure, failure of any computer or telecommunication system used in connection with Direct Debit, Pay-By-Phone and/or m-Billing, or any other circumstances beyond MMSSB's reasonable control.

20.7

The Customer hereby acknowledges that he/she understands that Direct Debit, Pay-By-Phone and/or m-Billing is only applicable for settlement of periodic MMSSB bills. All and any other payments outside of the periodic bill cycle shall be promptly settled in the ordinary manner by the Customer.

20.8

Notwithstanding that a transaction may have been duly completed via Direct Debit, Pay-By-Phone and/or m-Billing, the Customer's particular MMSSB bill has been credited as paid, MMSSB reserves the right and shall be entitled without prior notice to the Customer to reverse any payment entry in the Customer's statement of account or charge back the transaction sum to the Customer's account with MMSSB in the event of any one or more of the following circumstances:-

1. the transaction is cancelled by the Bank or the Card Issuer for any reason whatsoever;
   
2. the transaction is found to be incomplete, illegal or carried out by fraudulent means;
   
3. the transaction is found to be one with a "Declined Authorisation" or a non-corresponding authorisation code;
   
4. the transaction sum or part thereof was found to have exceeded the Cardholder's authorised credit limit;
   
5. the Card concerned is found to have expired, terminated or is invalid for any reason whatsoever;
   
6. the transaction was entered into without the authorisation of the Cardholder or the Cardholder disputes the transaction or denies liability for whatever reason;
   
7. the transaction was carried out or credit was given to the Customer in circumstances constituting a breach of any express or implied term, condition, representation or duty of the Customer;
   
8. the performance of the Direct Debit, Pay-By-Phone and/or m-Billing transaction or the use of the Card involves a violation of the law, rules or regulations of any governmental body, notwithstanding that MMSSB may have received notice of the same at the time when the transaction was carried out; or
   
9. at the absolute discretion of MMSSB, the Bank or the Card Issuer, without assigning any reason whatsoever.

20.9

Notwithstanding Clause 20.1, the Services shall be automatically terminated with immediate effect and without notice to the Customer in the event that the Card is cancelled by the Bank or the Card Issuer.

20.10

Notwithstanding anything to the contrary, m-Billing is only applicable or available to Customers subscribing to the Services unless otherwise notified in writing by MMSSB.