Service Specific Terms & Conditions (“SSTC”) – M2M Services

General
1. The Service(s): The M2M services is a telecommunication application that makes information transfer and/or exchange of data, SMS and voice (excluding MMS) possible between wireless devices using the Network and includes access to the IoT 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) voice, (iv) APN, and/or (v) 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 https://business.maxis.com.my/terms-conditions/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.
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(s)” 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 us to access the IoT Portal and utilise the Service(s).
  “IMEI” is an electronic serial number which is unique to each equipment.
  “IoT Terminal(s)” means routers, gateways or wireless devices and any firmware embedded in such device.
  “IoT Portal” is the connectivity management portal where you can manage the SIM Cards.
  “Minimum Period of Service” means the minimum period of subscription for the Service(s) which is either twelve (12) months or twenty four (24) months (as stated in your Registration Form) commencing from the Service Commencement Date unless otherwise agreed between us in writing.
  “Service Commencement Date” means the date on which the SIM Card is activated and the Service(s) is ready for use.
  “SIM Card” means either a card or plug-in module with a microchip which contains all necessary information. The SIM Card has to be inserted into a device in order for data, SMS or voice (optional) to be transmitted.
Provision of the Service(s)
1. You acknowledge and accept that you can only utilise the Service(s) within Malaysia, however if you register for international roaming, you shall bear the additional charges as prescribed by us time to time for interconnecting with other service providers. 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. We may also require the IMEI numbers of your Equipment in order for you to utilise the Service(s).
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).
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. Notwithstanding clause 9.1 and clause 12 of the GTC, the SIM Card provided is exempted from Mobile Number Portability (MNP). No Porting of Mobile Number(s) is/are allowed and you are not allowed to Port any of the Mobile Number(s) allocated to you to another Service Provider.
7. You will be provided an ID to access the IoT Portal at no additional charges to provide the End Users’ information and corresponding SIM Card details necessary. You undertake that you shall obtain the End Users’ 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.
8. 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.
9. You are allowed to change the details of the End Users and/or SIM Card details provided to us via the IoT Portal. You agree to update the SIM Card and End User details on the IoT 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.
10. 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.
11. You acknowledge and understand that the location of the SIM Card stated in the IoT Portal is an approximate location i.e. the location 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.
12. 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 or End Users’ Equipment for the purpose of accessing the Service(s) application. You shall be liable for any use, misuse or unauthorised use of the IP address.
13. If you have subscribed to a Private APN where the SIM Cards are required to connect to a specific list of IP addresses, you shall inform us of the specific IP address(es) so that we are able to whitelist those IP addresses which may be subject to additional charge. 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.
14. We do not guarantee or warrant that (i) the Service(s) will be error-free or available at all times particularly if the SIM Cards are outside the Network coverage and/or outside Malaysia; and (ii) there will be continuous, uninterrupted or secure access to the internet; and (iii) the data stored will be backed up; and (iv) the IoT 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 and the data retrieved, stored or transmitted through the Service(s).
15. We will not be 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 call or 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.
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. 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 understand and acknowledge that the SIM Cards will have to be activated manually through the IoT Portal by you or the SIM Cards may be delivered to you in ‘Active’ mode upon your request. 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 charge of RM10.00 will be imposed. 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), the SIM Card(s) will be automatically terminated and the early termination charge shall apply.
5. You may suspend an activated SIM Card for a maximum duration of three (3) months (“Suspension Period”). The Charges will not be payable during the Suspension Period. The SIM Card will only be active and can be utilized once you reactivate the SIM Card. If you do not reactivate the suspended SIM Card upon the expiry of the Suspension Period, you will be charged RM10.00 per SIM Card. If the suspended SIM Card continues to be inactive for a further three (3) months from the expiry of the Suspension Period, the SIM Card shall be automatically terminated and you shall be liable for the early termination charge if the termination occurs during the Minimum Period of Service.
6. Upon reaching the allocated data quota, the following shall occur:-
  (i) for individual rate plans, the data speed will be throttled to 64kbps and data usage exceeding the allocated quota will be at no additional cost. If you elect to increase the speed of the data, it will be on a pay-per-use basis subject to additional charges as follows:-
  (a) at the rate of RM0.01/KB for small and medium quota rate plans. There is a credit limit based on the amount of SIM Cards subscribed by you;
  (b) at the rate of RM0.50/MB for large quota rate plans. There is no credit limit.
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 IoT 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 (either for the SIM Card, network selection, call handling or RF testing) with the Service(s).
7. In the event your or End Users’ 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 IoT Portal, you shall:-
  (i) provide full information regarding the certification of each Equipment identified by us to be the cause; and/or
  (ii) 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.
9. You agree that you shall not use the Service(s) and/or Equipment:-
  (i)     other than for data transmission and/or permitted SMS or voice carried between a device and your defined end point;
  (ii)     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 we are not preventing you from being able to connect over the internet to your application server;
  (iii)     in a way which involves SIM Cards being included in (fixed) GSM adapters unless expressly approved by Maxis;
  (iv)     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);
  (v)     in any way which involves the addition, removal or modification of identifying network header information;
  (vi)     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
  (vii)     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).
Bundled Services
(i)    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 IoT Terminal which is provided by the third party suppliers. Risk of the IoT Terminal passes to you immediately upon receipt of the same.
(ii)    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.
(iii)    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 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
    (i) You acknowledge that the warranty for the IoT Terminals (“Warranty”) is provided by the Supplier from the date of purchase.
    (ii) In the event of any issues with the IoT Terminals, you may contact the Supplier directly to rectify and resolve the issues.
    (iii) 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.
    (iv) You agree that you shall be responsible for the delivery charges to deliver the faulty IoT Terminal to the Supplier for repairs.
    (v) 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 for. Charges may apply for replacement of any faulty IoT Terminal in such circumstances.
  6. Delivery
    (i) All delivery dates given are estimates only and shall not be binding. We and the Supplier are not 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 difficult or impossible (including difficulties 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).
    (ii) 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.
    (iii) You agree that partial deliveries may be rendered and the issuance of invoices may be on that basis.
    (iv) 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.
    (v) 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.
    (vi) 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.
  7. 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 damages based on the non-conformance or failure to remedy.
  8. 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.
  9. 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.
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.
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:-
  (a)     you have the power to enter into and observe your obligations under this Agreement;
  (b)     you are the owner of specifications, designs and/or the materials supplied to Maxis to enable Maxis to provide the Service(s); and
  (c)    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.
3. Notwithstanding clause 20.10 of the GTC, should any claim arising out of or in connection with the relationship established by this Agreement result 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.