Service Specific Terms & Conditions – Internet of Things (IoT) Services

 
 
    Version [18 October 2018]

  1. GENERAL
  1. The Service(s): The Internet of Things Services is a telecommunication application that makes information transfer and/or exchange of data and SMS possible between wireless devices using the Network and includes access to the Managed Connectivity Portal and any additional services pursuant to the applicable rate plans as subscribed by you.  The Service(s) can consist of a combination of any or all of the following (i) data, (ii) SMS, (iii) APN and/or (iv) any other services as provided in the Registration Form at rates prescribed by Maxis from time to time, in accordance with the rate plan subscribed by you.
  2. You: Business Customer signing up for the Service(s). 
  3. The use of the Service(s) is subject to the General Terms & Conditions (“GTC”), Service Specific Terms & Conditions (“SSTC”), Summary Terms & Conditions (“STC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all at www.maxis.com.my/tnc/business.
  4. Capitalised terms herein have the same meaning as defined in the GTC.
  5. Any conflict or inconsistency between this SSTC, the GTC and the STC, shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
  1. DEFINITIONS AND INTERPRETATION
  1. Unless the context otherwise requires, the highlighted words shall have the following meanings:
    “Customer Account Number” means the company account number assigned to you upon acceptance of your application.
    “End User” means your employee or agents or any person using the SIM Card and/or the Service(s) provided to you.
    “ID” means the Personal Identification Number and/or password issued to you by Maxis to access the Managed Connectivity Portal and utilise the Service(s).
    “IoT Terminal(s)" means routers, gateways or wireless devices and any firmware embedded in such device.
    “Managed Connectivity Portal” is the connectivity management portal where you can manage your SIM Cards.
    “mDRIVE Device”  means either the OBDII Device or the Wired Device and its embedded firmware.
    “mDRIVE”  comprises of the mDRIVE Device to be used together with the Service(s).
    "Merchant Card Service" means the facility granted by Malayan Banking Berhad to you which allows you to accept a card transaction performed through the use of mPOS card readers.
    “Minimum Period of Service” means the minimum period of subscription for the Service(s) which is twenty four (24) months commencing from the Service Commencement Date unless otherwise agreed between us in writing.
    “mPOS” means a cloud-based point of sale application to be used together with the Service(s) to enable merchant transactions and permit end users to manage business operations.
    “OBDII Device” means the on-board diagnostic device and its embedded firmware which allows vehicle tracking, trip reports, vehicle diagnostics, alerts and any other features as and when informed by Maxis when utilised with the Service(s) via a single purpose SIM Card.
    “Service Commencement Date” means the date on which the SIM Card is activated and the Service(s) is ready for use.
    “Wired Device” means the device and its embedded firmware which is wired to a vehicle which allows vehicle tracking, trip reports, alerts and any other features as and when informed by Maxis when utilised with the Service(s) via a single purpose SIM Card
  1. PROVISION OF THE SERVICE(S)
  1. You acknowledge and accept that you can only utilise the Service(s) within Malaysia and other permitted jurisdiction. We reserve the right to disable any feature of the SIM Card which is not used by you.
  2. The provision of the Service(s) by Maxis is at all times subject to the coverage areas and capacity of the Network, which is determined at our sole and absolute discretion.
  3. You shall provide the requested information in the Service Summary of the Registration Form to the best of your knowledge in order for us to prescribe a suitable rate plan for your acceptance. You are solely liable for the correctness and completeness of the information provided to us in the Registration Form.
  4. Upon successful registration, we will provide you with SIM Cards which will be tagged to your Customer’s Account Number for the provisioning of the Service(s). In the event (i) the average usage of any of the SIM Cards exceeds the estimated usage, or (ii) you roam more than the estimated percentage of international roaming set out by you in the Service Summary which we, at our sole and absolute discretion deems unreasonably excessive, or (iii) you roam more than fifty percent (50%) outside of Malaysia in a calendar month when you are subscribed to the international roaming package, you agree that we are entitled to upgrade you to a rate plan that is more suitable for your needs. 
  5. The SIM Card shall remain the property of Maxis at all times and the property of the SIM Card does not at any time pass to you.
  6. You will be provided an ID to access the Managed Connectivity Portal at no additional charges to provide the End User(s) information and corresponding SIM Card details necessary to enable us to create a Customer Service Profile (CSP) and profiles for each SIM Card. You undertake that you shall obtain the End User(s) consent before providing us the Personal Data of the End Users. You agree that you shall indemnify and hold Maxis harmless from any End Users’ claims arising as a result of your breach of this clause.
  7. You acknowledge and accept that the security ID and Customer Account Number provided is specific to you and shall be held secure and confidential by you at all times with restricted access or disclosure to any third party including your personnel or agents. You are not allowed to change and/or create additional CSP at any time. We reserve our right to delete and/or change the CSP in the event of any changes by you without our written authorisation.
  8. You are allowed to change the details of the End Users and/or SIM details provided to us via the Managed Connectivity Portal. You agree to update the SIM Card and End User details on the Managed Connectivity Portal as and when there are any changes for the purpose of the Service(s). You shall ensure that there is no illegal use, misuse or fraudulent use of the SIM Cards and the Service(s) and shall accept all liability whether or not such act or omission, use or misuse was authorised by you
  9. You may use the Service(s) to collect and transmit information about the location of a SIM Card only if (i) you lawfully obtain the consent of the End User to locate the SIM Card and inform each End User that the location of the SIM Card may be located and monitored unless they deactivate the location functionality on their Equipment; and (ii) the location functionality on your and/or your End User’s Equipment has been activated. You acknowledge and agree that if the End Users do not give their consent, you shall not use the Service(s) to locate the SIM Card on the Network. You agree that you shall indemnify and hold Maxis harmless from any End Users’ or third party’s claims arising as a result of your breach of  this clause.
  10. You acknowledge and understand that the location of the SIM Card stated in the Managed Connectivity Portal is country specific i.e. the country where the SIM Card is detected and will not show the exact location. This information will be updated as soon as reasonably possible each time the Network locates the SIM Card and will not be in real time.
  11. When you subscribe for the Service(s), you will be provided with a non-exclusive, non-transferable license to use on a temporary basis an IP address to be assigned to your Equipment (restricted to one Equipment only) for the purpose of accessing the Service(s) application. You shall be liable for any use, misuse or unauthorised use of the IP address.
  12. The SIM Cards are required to connect to a specific IP address, you shall inform us of the specific IP address(es) so that we are able to whitelist those IP addresses. In the event of change of IP address, it is your responsibility to notify and submit an IP address change request to us. IP address change requests may incur additional charges which shall be borne by you. 
  13. We will be able to provide specific application program interface (API) to enable you to integrate your systems to the Managed Connectivity Portal. You acknowledge that we will not be responsible for the integration or configuration of your systems, network or application to the Managed Connectivity Portal.
  14. We do not guarantee or warrant that (i) the Service(s) will be error-free or available at all times particularly if you are outside the Network coverage; and (ii) there will be continuous, uninterrupted or secure access to the internet; (iii) the data stored will be backed up; and (iv) that the Managed Connectivity Portal will operate uninterrupted or error-free. You acknowledge and understand that the Service(s) may be restricted or interrupted by the functionality and limitations of the Network and the internet and you are solely responsible for keeping an independent back-up of all your data stored in the space allocated to you and the data retrieved, stored or transmitted through the Service(s).
  15. We will not be held responsible for any loss or damage that you or any third parties might sustain as a result of the use of the Service(s) by you.
  16. You agree that your unique sender code or Mobile Number will be sent automatically with each SMS sent via the Service(s).
  17. Unless otherwise indicated in this Agreement, the Service(s) shall not include the provision or maintenance of any computer equipment or software required by you to connect to the Service(s).
  18. Maxis reserves the right to suspend the Service(s) or any part of them for operational reasons or in an emergency.
  1. CHARGES
  1. Upon acceptance of your application, you agree to pay the Charges in respect of the provision of the Service(s) commencing from the Service Commencement Date and any one-time charge in accordance with the charges specified in the Registration Form as per the offer made to you or as may be notified by Maxis from time to time. 
  2. You understand and acknowledge that the SIM Cards are provided in ‘ready mode’ (Active.Ready) and can be activated via 2 methods:- (1) Automatically activated (transition from Active.Ready to Active.Live mode) upon transmission of the first data or SMS; or (2) Activated manually from Active.Ready to Active.Live mode through the Managed Connectivity Portal by you. Billing will commence from the date a SIM Card transitions from Active.Ready to Active.Live through any one of the method stated above, whichever occurs first. All Charges payable by you will be invoiced monthly and the first invoice will be issued in accordance with the billing cycle for each month once the 1st SIM Card is activated. All payment must be made within thirty (30) days from the date of invoice failing which Maxis reserves the right to suspend the Service(s).
  3. All Charges will be charged to your principal mobile number and/or Customer Account Number respectively.
  4. You are able to manage the active state of the SIM Cards through the Managed Connectivity Portal. For each SIM Card which is not activated after three (3) months from the date of acceptance of your subscription for the Service(s), a RM10.00 will be imposed and the SIM Card will transition to Active.Standby state whereby a monthly charge of RM1.00 per SIM Card will commence. Any change of state of the SIM card to Active.Standby will incur a one-time charge of RM10.00 per transition. You may suspend an activated SIM card for a maximum duration of two (2) months (“Suspension Period”) where the SIM card will transition from an Active.Live state to Active.Suspend state. The Charges will not be payable during the Suspension Period. Upon the expiry of the Suspension Period, the SIM card will automatically transition to Active.Sleep state whereby a monthly charge of RM1.00 per SIM card shall be payable but the SIM card will continue to remain inactive. The SIM card will only be active and can be utilized once you change the SIM card to Active.Live state. In the event the SIM Card(s) are not activated within six (6) months from the date of our acceptance of your subscription for the Service(s), we reserve the right to terminate the SIM Card(s) and the early termination charge shall apply.
  5. Charges for replacement of lost or missing SIM Card is RM10.00 per unit.
  1. YOUR ADDITIONAL OBLIGATIONS
  1. You agree that you are responsible for all the data, content of any information and communications (visual, written or audible) transmitted or received using the SIM Card and the Service(s).
  2. You shall be responsible for all telecommunications charges arising from any service used to establish a leased line connection to the Service(s). You acknowledge that when a call to access the Service(s) is made from facilities provided by a third party, you are responsible for any surcharges levied by the third party for the call.
  3. We may request you to disconnect your Equipment or any part thereof, and provide all necessary assistance, at your own cost, to enable Maxis to perform the necessary test and/or maintenance work on the Service(s) at reasonable times. You shall abide by all specific conditions and all notifications issued by us in relation to the Service(s).
  4. You shall, prior to reporting a Service(s) failure or problem, carry out all necessary steps to determine the cause of the Service(s) failure or problem.
  5. You may use the SIM Card only for the purpose agreed herein and may not store, edit, transfer, download, modify and/or forward the Service(s) to any other medium, device or to any other user or subscriber. You are not allowed to tamper or clone the SIM Cards or resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or otherwise generate income from the Service(s) unless licensed and permitted by the relevant authorities and Maxis. You shall not use the Service(s) in any manner that could damage, disable, impair or otherwise interfere with the Service(s), the Managed Connectivity Portal or any networks or security systems used to provide the Service(s)
  6. You are solely responsible to ensure that your and/or your End Users’ Equipment is compatible with GCF certification (either for the SIM Card, network selection, call handling or RF testing) for the provision of the Service(s).
  7. In the event your Equipment is found to be faulty and/or incompatible (“Faulty Device”), you shall be notified and shall immediately cease using the SIM Card and the Service(s) associated with the Faulty Device. For the avoidance of doubt, we shall not be liable for any failure to provide the Service(s) due to Faulty Devices
  8. In the event any of your and/or your End Users’ Equipment is perceived to be responsible for any degradation of the Network, the Service(s) and/or the Managed Connectivity Portal, you shall:- 
  1. provide full information regarding the certification of each Equipment identified by us to be the cause; and/or
  2. permit and allow us to test each identified Equipment at your cost;failing which we shall be entitled to suspend/terminate the Services for the identified Equipment
  1. You agree that you shall not use the Service(s) and/or Equipment:-
  1. for the transmission of peer to peer communications (including voice);
  2. other than for data transmission and/or permitted SMS carried between a device and your defined end point;
  3. with a device or application that allows you to access a publically addressable destination (i.e. public IP address) including through the use of a proxy, tunnelling, a gateway or routing. For the avoidance of doubt this we are not preventing you from being able to connect over the internet to your application server;
  4. in a way which involves SIM Cards being included in (fixed) GSM adapters unless expressly approved by Maxis; 
  5. in any way which results in the copying, adaptation, reverse engineering, decompilation, disassemblement customisation or modification in whole or in part of any software which may be contained in the Service(s);
  6. in any way which involves the addition, removal or modification of identifying network header information;
  7. to access or attempt to access, or to penetrate or attempt  to penetrate,security measures of Maxis’ or third-party’s network,  computer software or hardware, electronic communications system,or telecommunications system, whether or not the intrusion results in the corruption or loss of data, without prior authorisation from Maxis or the third-party in question; and
  8. in any way which could lead directly to death, personal injury, or severe physical injury or environmental damage (for example life support machines), whether due, or not, to the failure of the Service(s).
  1. BUNDLED SERVICES
  1. You acknowledge and understand that the Service(s) provided by Maxis are only telecommunication services and therefore we shall not be responsible or liable for any loss, damage, liability or expenses arising from any claims whatsoever including for invasion of privacy, infringement of intellectual property rights, errors, omissions or inaccuracies of content, information or breach of any law or regulations arising from your or any other person’s use of the Merchant Card Service, mDRIVE Device and solution and/or the IoT Terminal which is provided by the respective third party suppliers. Risk of the mDRIVE Device or the IoT Terminal passes to you immediately upon receipt of the same.
  2. The Agreement for the Bundled Services shall come into force from the date your Registration Form for the Bundled Services is approved by Maxis, which is signified by the availability of the Bundled Services to you at a fee subject to a Minimum Period of Service. Approval of your application for the Bundled Services shall be at our sole and absolute discretion.
  3. It is agreed that the Parties do not owe each other a duty of care in light of the contractual relationship between the Parties under the Agreement. All Parties’ obligations and liabilities are limited to the performance of the strict contractual terms expressly set out under the Agreement.
  1. The Service(s) with mPOS
  1. When you subscribe to the mPOS with a monthly recurring fee, you acknowledge and understand that the Merchant Card Service is provided by Malayan Banking Berhad and not by Maxis and you shall be subject to the Terms & Conditions of the Merchant Card Service by Malayan Banking Berhad. You shall deal directly with Malayan Banking Berhad for the Merchant Card Service
  1. The Service(s) with mDRIVE 
  1. When you subscribe to the mDRIVE, you acknowledge and understand that the mDRIVE Device, its embedded firmware and the assigned web portal and mobile application are provided by third party supplier(s) (collectively and individually referred to as “Supplier”) and not by Maxis. Maxis’ role is limited to the provision of the Service(s) to you. You acknowledge that the 24-month warranty for the mDRIVE Device (“Warranty”) is provided by the Supplier from the date of activation of the mDRIVE.
  2. If you elect to install the Wired Device, you shall be responsible to directly arrange for the installation of the Wired Device with our nominated professional installers within the designated areas as prescribed by us. Any installation outside of the designated areas may be permitted at our sole and absolute discretion and subject to additional charges. You agree to bear the cost of the installation as informed by us which shall be billed to you by Maxis. In no event shall we be responsible or liable for any personal injury, defects, loss, damage or delays directly or indirectly arising from or in connection with the installation of the Wired Device, whether in action of contract, negligence or other tortious action to the fullest extent permitted by law. 
  3. You acknowledge that you are solely responsible to verify that installation of the mDRIVE Device will not a ect or void any warranty of your vehicle. You understand and agree that Maxis and the Supplier shall have no liability whatsoever for any loss of vehicle warranty as a result of the installation of the mDRIVE Device.
  4. In the event of any issues with the mDRIVE, you may contact Customer Service to rectify any problems. If the mDRIVE Device is found to be faulty during the Warranty period, a replacement will be provided by the Supplier provided always that the mDRIVE Device is not tampered with. If the mDRIVE Device has been tampered with, charges may apply for replacement of any faulty mDRIVE Device.
  5. You agree that you shall:-
  1. not substitute the mDRIVE Device or the embedded SIM Card with another device or SIM Card or use them separately;
  2. access the web portal and mobile application provided by the Supplier only through the interface provided by Supplier and not by any other means;
  3. keep your mDRIVE account information confidential, and will keep the login, password and account information confidential for your own protection;
  4. use the web portal, mobile application and mDRIVE at your own risk, including information and data you upload or provide when using the web portal, mobile application and/or the mDRIVE;
  5. not copy, modify, reverse assemble, reverse engineer, hack, break into, tamper, attempt to discover source code, sell, resell, assign, sublicense, share, or otherwise attempt to transfer any right or interest in the mDRIVE, software, hardware or services;
  6. not misuse the web portal and mobile application, software, hardware and/or services in violation of any law or this Agreement; and
  7. not hold Maxis, its related and affiliated corporations responsible for any loss or death or personal injury or any damage to vehicle(s), or any damages whatsoever including but not limited to loss of use or data, whether in action of contract, negligence or other tortious action, arising out of or in connection with Customer’s use of, or inability to access or use the mDRIVE to the fullest extent permitted by law.
  1. You acknowledge and accept the risks that you can only enjoy the full functionality of mDRIVE subject to the compatibility of mDRIVE with the vehicle in accordance with the compatibility list as provided by us. In the event your vehicle(s) is not compatible with the mDRIVE, you might not enjoy the full functionality of the mDRIVE and you acknowledge and accept that the mDRIVE may fail to function properly and/or only some of the features may be available.
  2. You acknowledge and accept that you can only utilise the mDRIVE within Malaysia unless you subscribe to the international roaming package whereby you are allowed to roam in countries as specified by Maxis from time to time or unless otherwise informed to you. 
  3. You hereby expressly authorise and consent to Maxis and/or the Supplier collecting and using the data collected via the mDRIVE for research and development and to improve the performance of the mDRIVE. Such data will not be disclosed to any other third party without your consent. You agree to waive any moral rights you may have in such data and hereby transfer and assign to Maxis and/or the Supplier an exclusive and irrevocable right to the intellectual property rights (if any) inherent in your data or feedback which shall be owned exclusively by Maxis and/or the Supplier.
  1. The Service(s) with IoT Terminals
  1. You acknowledge and understand that the IoT Terminals, the bundled accessories and its embedded firmware are provided by third party supplier(s) (collectively and individually referred to as “Supplier”) and not by Maxis. Maxis’ role is limited to the provision of the Service(s) to you
  2. You acknowledge and accept the risks that you can only enjoy the full functionality of the IoT Terminal subject to the compatibility of the IoT Terminal with your system(s). In the event your system(s) is not compatible with the IoT Terminal, you might not enjoy the full functionality of the IoT Terminal made available in which case you acknowledge and accept that the IoT Terminal may fail to function properly and/or only some of the features may be available.
  3. You acknowledge and agree that any installation of IoT Terminal and on-site support is subject to additional Charges.
  4. We reserve the right to impose cancellation charges up to 100% of the total value of the order in the event an order is cancelled after our receipt of the Registration Form and we have already issued an order to the Supplier.
  5. Warranty
  1. You acknowledge that the warranty for the IoT Terminals (“Warranty”) is provided by the Supplier from the date of purchase.
  2. In the event of any issues with the IoT Terminals, you may contact the Supplier directly to rectify and resolve the issues. 
  3. If a IoT Terminal is found to be faulty during the Warranty period, the faulty device will either be repaired or a replacement will be provided by the Supplier provided always that the IoT Terminal has not been tampered with and the fault is covered under Warranty. If the IoT Terminal has been tampered with or the fault is found to be not covered under Warranty, additional Charges may apply for repairs or replacement of any faulty IoT Terminal.
  4. You agree that you shall be responsible for the delivery charges to deliver the faulty IoT Terminal to the Supplier for repairs.
  5. The Warranty does not cover damages as a result of natural wear and tear, tampering of the IoT Terminal, where the fault is found to be not covered under Warranty, failure to comply with operating instructions, improper use or interference by you or third parties, use of non-original components or other reasons for which we and the Supplier are not responsible. Charges may apply for replacement of any faulty IoT Terminal in such circumstances.
  1. Delivery
  1. All delivery dates given are estimates only and shall not be binding. We and the Supplier are not be responsible for any delays in  delivery (including any purported binding agreed delivery dates) due to Matters Beyond Our Reasonable Control or other events that render delivery considerably more dicult or impossible (including diculties in procuring materials, operational disruptions, principal courier company, customs, strikes, lock-out, shortages in transportation, directives or regulatory orders, including where these occur in relation to the Supplier's own supplier or their sub-contractors).
  2. Such delays shall entitle us and the Supplier to postpone the delivery for the duration of the hindrance including a further reasonable period or to rescind this Agreement, in whole or in part, on the basis of that part of the Agreement has not been performed. You will be promptly notified of such delay.
  3. You agree that partial deliveries may be rendered and the issuance of invoices may be on that basis.
  4. Upon receipt of the IoT Terminals, you shall promptly inspect the IoT Terminals to ensure that the right quantity has been delivered and that they conform to the agreement and specifications. You have five (5) days to report of any non-conformance or faulty IoT Terminals failing which it shall be deemed that you have received the correct quantity of the IoT Terminals and they are in good condition and working order. 
  5. If you report of any non-conformance or faulty IoT Terminals within the stipulated period, you shall not use, dispose of or alter the IoT Terminals in any manner. You shall return the non-conforming or faulty IoT Terminals as instructed by the Supplier. Any failure or refusal to do so shall void all warranties in relation to the IoT Terminals.
  6. If the IoT Terminals are determined to be non-conforming or faulty, the Supplier may at their absolute discretion either (a) repair the faulty IoT Terminals, or (b) provide a replacement, free of charge.
  1. You  agree that you shall have no right to rescind this Agreement in the event of  immaterial non-conformance.Should  you  elect to rescind this  Agreement, in whole or in part, due to a material non-conformance or failure to remedy, you shall have no claim for damaes based on the non-conformance or failure to remedy. 
  2. You hereby expressly authorise and consent to Maxis and/or the Supplier collecting and using the data collected via the IoT Terminal for research and development and to improve the performance of the IoT Terminal. Such data will not be disclosed to any other third party without your consent. You agree to waive any moral rights you may have in such data and hereby transfer and assign to Maxis and/or the Supplier an exclusive and irrevocable right to any intellectual property rights inherent in your data or feedback which shall be owned exclusively by Maxis and/or the Supplier.
  3. In the event of any issues with the Service(s), you may contact Customer Service to rectify any problems related to the Service(s) and billing.
  1. MINIMUM PERIOD OF SERVICE AND TERMINATION
  1. We may terminate this Agreement and/or the Service(s) for convenience by giving you thirty (30) days advance written notice. 
  2. If you terminate the Agreement during the Minimum Period of Service, you agree to pay Maxis the early termination charge which is the total monthly recurring charges for the remainder of the Minimum Period of Service.
  3. Upon expiry of the Minimum Period of Service, this Agreement shall automatically continue on a monthly basis at the prevailing charges and rates imposed by Maxis and on the terms and conditions contained herein (unless otherwise notified by Maxis) unless either party gives thirty (30) days advance written notice of its intention to terminate this Agreement. 
  4. If the Service(s) is suspended and/or terminated by us for any reason, your licence to use the licensed IP address is immediately suspended and/or terminated and you shall stop using the licensed IP address and remove it from your Equipment.
  1. DISCLAIMER, WARRANTY AND LIMITATION OF LIABILITY
  1. We do not recommend the use of the Service(s) where the risk of non-connection or loss of connection of the Service(s) carries a material risk. Accordingly you may only use the Service(s) if you accept all such risk and insure accordingly.
  2. You warrant that;-
  1. you have the power to enter into and observe your obligations under this Agreement;
  2. you are the owner of specifications, designs and/or the materials supplied to Maxis to enable Maxis to provide the Service(s); and
  3.  in entering into this Agreement, you have not relied on any representations made by Maxis or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity materials supplied by Maxis.
  1. Notwithstanding clause 18.5 of the GTC, should any claim arising out of or in connection with the relationship established by this Agreement results in Maxis becoming liable for any loss or damage not capable of exclusion under the terms of this Agreement, then Maxis’ liability shall be limited to the fees paid to Maxis by you over the twelve (12) months period or such lesser number of months as shall have elapsed subsequent to the Service Commencement Date prior to the date of the breach.