Terms & Conditions - IoT Trial Pack
This Maxis IOT Trial Pack gives you access to the Internet of Things Services (“IOT Services”) which enables you to test our SIM cards with your hardware and firmware before entering into a contract. By accessing and using the IOT Services provided by Maxis Broadband Sdn Bhd 199201002549 (234053-D) (“Maxis"), you hereby agree to be bound and be subject to:-
- these terms and conditions contained herein which apply to the Trial of the IOT Services;
- the General Terms and Conditions for the IOT Services (which include terms and conditions for Website Use, the Rules of Acceptable Use and the Privacy Statement as contained in Maxis Website) which shall apply mutatis mutandis;
- policies and procedures of the relevant rate plans and all other documents which shall form part of this Agreement and as may be updated by Maxis from time to time;
(collectively shall be referred to as the “Agreement”).
The current version of the above terms and conditions can be viewed at any time at https://business.maxis.com.my/terms-conditions/business/.
“Data Services” means the high speed wireless connectivity to the Internet using various technologies which may be upgraded or introduced from time to time as provided by Maxis to You pursuant to the Agreement and includes without limitation data messaging or short messaging services (SMS) or as may be provided or amended by Maxis from time to time.
“End User” means You including Your employee or agents or any person using the SIM card and/or the IOT Services provided to You.
“Equipment” means Your mobile device, machine, notebook and/or laptop, equipment and/or server, software and all facilities to be procured, installed and maintained by You in order to use the IOT Services and to connect Your Equipment to the Maxis Network.
“ID” means the Personal Identification Number and/or password issued to You by Maxis to access the Maxis Managed Portal Connectivity and/or access and use the IOT Services.
“IOT Services” is a telecommunication application that makes information transfer and/or exchange of data and SMS possible between wireless devices using the Maxis Network and includes Data Services, the Managed Portal Connectivity and any additional services (if any).
“Managed Connectivity Portal” is the portal where You can view the status and usage of the SIM cards.
“Maxis Network” means equipment, software and service setup operated by Maxis to enable the provision of the IOT Services.
“Maxis Website” means the website operated by Maxis located at http://www.maxis.com.my/business.
“Mobile Number” means Mobile Station International Subscriber Directory Number (MSISDN) assigned to You for enabling the IOT Services.
“Maxis Confidential Information” means all information of any nature (whether relating to business, customers, financial affairs or otherwise) which is disclosed by Maxis or otherwise made available to or obtained by You pursuant to or in connection with this Agreement, whether orally or on any tangible media and whether or not labeled as “Confidential”.
“Personal Information/Personal Data” includes Your information provided as part of the Trial process and collected by Maxis from You including all information and details in relation to the Trial offered to You by Maxis including but not limited to the records or reports related thereto, including any sensitive personal data and expression of opinion(s) about You, including but not limited to the End User.
“SIM card” means either a card or plug-in module with a microchip which contains all necessary information which must be inserted by You in Your Equipment for enabling access to the IOT Services and identifying You and the End User on the Maxis Network which is provided as part of the Trial Pack.
“Trial” means the testing of Maxis SIM cards with Your hardware and firmware to assess the suitability and performance.
“Trial Plan” means the available IOT trial rate plan offered by Maxis as set out in the table below and as may be varied by Maxis from time to time.
“Trial Fee” means the one-time payment (if any) for each Trial of the IOT Services which may be varied by Maxis from time to time.
“You or Your” means a legal person, company or entity named in the cover letter /email.
“Your Account Number” means the company account number assigned to You for the Trial.
- As a condition to participate in the Trial, You are required to register with Maxis by providing us the (i) company name and company number/business registration number, (ii) public IP of Your application server, and (iii) Your email and contact details. We will discuss with you on the scope, duration and Trial Fee (if any) based on your business requirements and needs which shall be mutually agreed before commencement of the Trial. An ID will be subsequently provided to You to access the Maxis Managed Connectivity Portal to view the status and usage of the SIM cards. Maxis shall create a default Customer Service Profile (CSP) and profiles for each SIM card for the purpose of the IOT Services. You must ensure that You and Your End User shall provide Maxis with accurate, complete and updated information during the registration process. You undertake to obtain the End User(s)’ consent before providing Maxis with the End User personal data. You are not obliged to purchase the IOT Services at the end of the Trial.
- TRIAL PERIOD
- The duration of each Trial shall be mutually agreed between the parties (“Trial Period”). If you decide to not continue with the IOT Services after the expiry of the Trial Period, we shall deactivate the SIM card(s) at no further cost to You. Approval of Your registration for the Trial shall be at Maxis’ sole and absolute discretion. The commencement of the Trial is signified by the availability of the IOT Services to You and will continue for the Trial Period unless terminated in accordance with this Agreement.
- IOT SERVICES
- The provision of the IOT Services by Maxis is at all times subject to the coverage areas and capacity of Maxis’ telecommunications network, which are determined in Maxis’ sole and absolute discretion.
- You will be provided with SIM cards to enable provision of the IOT Services throughout the Trial Period and each SIM card is provided to You for:
- the purposes of testing the SIM cards with your hardware and firmware. In line with the evolution of technology, Maxis highly recommends its customers to test devices capable of supporting future technologies such as 4G LTE; and
- use of any or a combination of data and SMS (excluding MMS) transmission.
- The SIM cards will be tagged to Your Account Number upon successful registration. In the event Maxis deems the usage of any of the SIM cards to be unreasonably excessive, Maxis reserves the right to suspend or terminate the Trial immediately without giving any notice to You.
- Maxis reserves the right to determine the number of SIM cards to be provided to you for the Trial.
- The SIM cards shall remain the property of Maxis at all times and does not at any time pass to You. Maxis grants You the right to use the SIM cards for the purposes of the IOT Services during the Trial Period. The SIM cards must be returned to Maxis on demand. Risk passes to You upon receipt of the SIM cards.
- Maxis will replace a defective SIM card at no costs during the Trial Period if the defect is proven to Maxis’ satisfaction to be caused by the manufacturer upon return of the defective SIM card. Maxis will not replace any lost or missing SIM cards.
- All data subscribed as part of the IOT Services are provided subject to the Maxis Fair Usage Policy as made available at https://business.maxis.com.my/terms-conditions/business/ and as may be modified from time to time on usage of the IOT Services. You shall be deemed to have read and accepted the terms of the Maxis Fair Usage Policy upon usage.
- You accept liability for the IOT Services registered using Your name or Your Account Number including liability for any loss, use or misuse of the IOT Services, SIM card, ID and Your Account Number by You, Your End Users, agents or any third party whether or not such act or omission use or misuse was authorised by You.
- You shall comply with all laws while using the IOT Services and shall not transmit any communication that violates any law, court order, or regulation. You shall not violate any third party rights in using the IOT Services and shall not use the IOT Services in any way that damages Maxis’ property or interferes with or disrupts Maxis’ system, customers or other users. You must maintain the confidentiality of any confidential information provided to You by Maxis (unless You are required by law to disclose that information).
- TRIAL FEE AND PAYMENT
- A Trial Fee may be payable for the IOT Services according to the Trial Plan. You shall make payment of the Trial Fee in the manner and by the due date as informed by Maxis.
- Maxis has the right to amend the Trial Fee and the terms and conditions of this Agreement at any time. Your continued use of the IOT Services after the effective date of any variation, addition or amendments to the terms shall constitute unconditional acceptance of such variations, additions or amendments by You. If You do not accept such variation, addition or amendments, You are entitled to terminate the Trial by giving at least three (3) business days’ prior written notice to Maxis. There will be no refund of the Trial Fee (if any) in the event of early termination of the Trial for whatever reasons.
- You shall be responsible for the payment of all taxes, duties (including without limitation, stamp duty payable on the Agreement), fees and other charges imposed by any government authority in relation to the Agreement (other than taxes payable on the overall income of Maxis).
- In the event goods and services tax or other applicable taxes (“GST”) is applicable to services provided by Maxis under this Agreement, Maxis is entitled to charge the GST payable to the government on the IOT Services supplied to You whether within or outside Malaysia and these taxes shall be added to the bill issued to You.
- In the event GST is applicable as contemplated above, Maxis shall:
- provide a tax invoice as may be required by You to enable You to claim an input tax credit under the law applicable to GST; and
- provide to You information that may be reasonably required to establish the liability for GST.
- You agree to bear the costs and expenses (including legal costs and expenses) incurred by Maxis in connection with recovering any Trial Fee payable by You pursuant to this Agreement, and You also agree to indemnify Maxis against all costs and expenses (including legal costs and expenses) incurred by Maxis in connection with enforcing this Agreement or bringing any action or proceeding to recover any charges, costs and/or expenses payable by You.
- SUSPENSION AND TERMINATION
- You may at any time terminate this Agreement or Trial by giving Maxis at least three (3) business days prior notice in writing and any Trial Fee paid will be forfeited.
- Maxis shall be entitled at its absolute discretion to immediately suspend/terminate the IOT Services or Trial, without liability, at any time, without any notice and without assigning any reason whatsoever. Events which will result in immediate suspension/termination, include but are not limited to the following reasons:
- if any technical failure occurs in the IOT Services or the Maxis network;
- while the IOT Services are being upgraded, modified or maintained;
- if You materially breach any of the terms and conditions of the Agreement;
- if You fail to pay the Trial Fee by the due date or any other date as agreed by the parties;
- if You do anything which may in Maxis‘ opinion, lead to, including but not limited to, the damage or injury to the IOT Services or Maxis’ and/or the related corporations network, reputation;
- if Maxis is required to do so by law, statute, enactment, code or by any relevant authorities; and
- if it is in Maxis’ opinion that the IOT Services or the Maxis network is or may be used fraudulently, illegally or for unlawful purposes;
- Upon expiry and/or termination of the Agreement, You shall be liable to Maxis for any outstanding Trial Fee.
- You are not entitled to suspend the IOT Services and SIM cards during the Trial Period.
- The IOT Services is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. Maxis, its related and affiliated corporations disclaim and expressly excludes all warranties express or implied, statutory or otherwise to the fullest extent permitted by law relating to the content, information, services relating to or in connection with the IOT Services including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, availability of services, security and accuracy.
- Maxis, its related and affiliated corporations do not warrant that the IOT Services will be uninterrupted or error free, that defects will be corrected, or that the website or the server, third party or otherwise, that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
- Maxis does not recommend use of the IOT Services where the risk of non-connection or loss of connection of IOT Services carries a material risk. Accordingly You may only use the IOT Services if You accept all such risk and insure accordingly. Maxis and/or its Related Corporations shall not be liable for, and You agree to indemnify Maxis and/or its related corporations against all claims, losses, liabilities proceedings, demands, costs and expenses (including legal fees) which may result or which Maxis and/or its related corporations may sustain in connection with or arising from the provision and usage of the IOT Services by You.
- In no event shall Maxis and/or its related corporations be liable to You or anyone else for any loss or illness or personal injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with Your use of, or inability to access or use the IOT Service to the fullest extent permitted by Law.
- Maxis and/or its related corporations shall not be liable for any hardware, software, equipment or for Your Equipment provided by any third party or for any warranty for the same. You shall take up all such issues and grievances directly with such third parties and indemnify Maxis of the same.
- FORCE MAJEURE
- Without limiting the generality of any provision in the Agreement, Maxis 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 Maxis and/or its related corporations has no control over or any cause outside Maxis’ and/or its related corporations’ reasonable control.
- Notwithstanding the event of force majeure, the Customer shall remain obliged to pay the Trial Fee which is outstanding and/or due and payable to Maxis in accordance with the Agreement.
- Words importing the singular number include the plural number and vice versa.
- Words importing the masculine gender include feminine.
- An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body and any governmental agency.
- Time wherever referred to in this Agreement shall be of the essence.
- Those Clauses which by their nature would survive the termination of this Agreement shall so survive, without limitation.
- You agree that the Agreement will be for Your benefit only and does not confer any rights or benefits on any third party, including without limitation the End Users, and that there are no third party beneficiaries as to this or any part or specific provision of the Agreement.
- You hereby agree to be bound by these terms and conditions, the General Terms and Conditions, policies and procedures and/or any variations, additions or amendments made thereto, as may be determined by Maxis at any time.
- In the event of any inconsistency between these terms and conditions and the General Terms and Conditions regarding the IOT Services during the Trial, these terms and conditions shall prevail.
- You 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 IOT Services.
- If any provision of this Agreement shall be unlawful, void or unenforceable for any reason then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- All notices, requests, all legal process and/or other communications/documents to be given by You to Maxis under the Agreement must be in writing and sent to the following address: Maxis Broadband Sdn Bhd, Level 21, Menara Maxis, Kuala Lumpur City Centre 50088 Kuala Lumpur.
- All official bill statement, notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents given by Maxis to Your last known address pursuant to this clause shall be deemed to have been served if:-
- sent by registered post, on the second Working Day after the date of posting irrespective of whether it is returned undelivered;
- sent by ordinary post, on the fifth Working Day after the date of posting irrespective of whether it is returned undelivered;
- hand delivered, upon delivery;
- 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
- published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia in respect of any change in the IOT Services, terms of the Agreement, charges and/or tariffs.
- 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.