The Services: Add-on of any SECOM Smart Security Service plans, as listed in Appendix 2 (Charges and Rate Table Guide for the Smart Security Services) hereto, and as updated from time to time, (collectively referred to as “ Smart Security Services ”) to your Home Internet Service (as defined below). You: Person(s) signing up/subscribing to the Smart Security Services. This SSTC, including any schedules, annexures or other documents incorporated by reference apply to: your subscription to the Smart Security Services via Maxis (as SECOM Smart’s authorized agent to sell and collect payments in respect of the Smart Security Services); and (b) the provision by SECOM Smart to you of the Smart Security Services. In addition to this SSTC, you acknowledge and agree that the terms and conditions in the following documents shall also apply to your use of, and access to, the Smart Security Services which are provided as part of the Home Internet Service, and you shall fully comply with the referenced terms and conditions, to the extent that you subscribe to the services prescribed under the terms and conditions: (a) Maxis General Terms & Conditions ("GTC") (available at https://www.maxis.com.my/en/terms-conditions/general/maxis-consumer/); (b) Maxis’ terms and conditions on the Home Internet Service, as may be subscribed by you, which include the following terms and conditions: Maxis Service Specific Terms & Conditions – Maxis Fibre Broadband (“Fibre SSTC”) – applicable to Maxis Fibre plans (available at https://www.maxis.com.my/en/terms-conditions/products-services/home-internet/maxis-fibre/ ); OR Maxis Service Specific Terms & Conditions – Maxis Home 4G WiFi (“Home 4G WiFi SSTC”) – applicable to Maxis Home 4G WiFi 138 plan (available at https://www.maxis.com.my/en/terms-conditions/products-services/home-internet/maxis-home-4g-wifi/ ), whichever is applicable; and Maxis Fair Usage Policy (available at www.maxis.com.my/FUP); (the terms and conditions specified under Clauses 4(a), 4(b)(i) and 4(b)(ii) shall collectively be referred to as “Maxis Customer Terms”); and SECOM Smart’s terms and conditions as applicable to the Smart Security Services, as may be subscribed by you, which include the following terms and conditions: Smart Security Service Additional Terms (available at https://www.secomsmart.com.my/cms-service-agreement-terms-and-conditions/ and in Appendix 1 hereto); and SECOM Smart Privacy Policy (available at https://www.secomsmart.com.my/privacy-policy/ ); (the terms and conditions specified under Clauses 4(c)(i) to 4(c)(ii) shall collectively be referred to as “SECOM Smart Customer Terms”). This SSTC, Maxis Customer Terms, and SECOM Smart Customer Terms are collectively referred to herein as the “Agreement”. Your offer to subscribe, as set out in the Registration Form, shall be based on this SSTC. A contract with you is executed if your offer to subscribe to the Smart Security Services is accepted by SECOM Smart. Acceptance of such offer to subscribe is deemed to have occurred when the equipment and ancillary material to be provided by SECOM Smart which is required for the use of the Smart Security Services is made available, installed and activated for you at your Premises by SECOM Smart. You acknowledge and agree that: The Home Internet Service will be provided to you by Maxis while the Smart Security Services will be provided to you by SECOM Smart. The Smart Security Services are marketed and sold to you by Maxis as SECOM Smart’s authorized agent to market and sell the Smart Security Service and Maxis is the party that subscribes you to the Smart Security Services using the Registration Form. Maxis, as SECOM Smart’s authorized payment collection agent, is responsible for the collection and recovery of the Charges for the Smart Security Services subscribed by you, as detailed in the Maxis Bill. For the avoidance of doubt, there will be two (2) contracts, namely: One (1) contract between Maxis and you in respect of the provision of the Home Internet Service to you, consisting of the terms of this SSTC (but excluding the SECOM Smart Customer Terms) and the Maxis Customer Terms (“ Maxis Customer Contract ”); and One (1) contract between SECOM Smart and you in respect of the provision of the Smart Security Service to you, consisting of the terms of this SSTC (but excluding Maxis Customer Terms) and the SECOM Smart Customer Terms (“ SECOM Smart Customer Contract ”) upon the acceptance by SECOM Smart of your offer to subscribe to the Smart Security Services in accordance with Clause 5 above. Enquiries and Dispute: If you have an enquiry, issue or dispute relating to: the Home Internet Service or the services relating to the provision of the Home Internet Service; the marketing, sale, collection and recovery of Charges for the Smart Security Services; or the Maxis Bill, you shall raise such enquiry, issue or dispute directly with Maxis at (i) 123 via Maxis mobile lines; or (ii) 03-74922123 or 1800-821-123 from other fixed or mobile lines. If you have an enquiry, issue or dispute relating to the Smart Security Service or the SECOM Smart Tax Invoice, you shall raise such enquiry, issue or dispute directly with SECOM Smart at 03-9236 1800, Opt. 5. In the event of any inconsistency between this SSTC, the Maxis Customer Terms or the SECOM Smart Customer Terms, such inconsistency shall be resolved by giving precedence in the following order: in respect of the Home Internet Service: this SSTC; the Maxis Customer Terms; and in respect of the Smart Security Services: this SSTC; and the SECOM Smart Customer Terms. Maxis and SECOM Smart shall reserve their respective rights without liability, to revise this SSTC, the Maxis Customer Terms and SECOM Smart Customer Terms, which shall include the Smart Security Services, and the pricing / Charges for the Smart Security Services, from time to time. Where reasonably practicable, Maxis and SECOM Smart (as the case may be) will give you reasonable advance notice of such changes and all previous versions of this SSTC, the Maxis Customer Terms and/or the SECOM Smart Customer Terms (as the case may be) will be superseded. You accept you are responsible for regularly reviewing information on the Smart Security Services posted on the official websites of Maxis and SECOM Smart respectively. Your continued use of the Smart Security Services after the effective date of any revision/ change to this SSTC, the Maxis Customer Terms and/ or the SECOM Smart Customer Terms shall constitute unconditional acceptance by you of such revisions/ changes and you shall be bound by the same. If you do not accept such revisions/changes, you are entitled to terminate the Smart Security Services and/or the use of the Smart Security Services by giving notice to Maxis within thirty (30) days from the effective date of any revision/ change to this SSTC, the Maxis Customer Terms and/ or the SECOM Smart Customer Terms in accordance with Part D (Termination of Smart Security Service), Clause 1 of the Smart Security Service Additional Terms, failing which you are assumed to have accepted the revision/ changes.

The following capitalized terms used in this SSTC shall be defined as follows: “Add-on Device(s)” means devices which Maxis (as SECOM Smart’s authorized agent) and/or SECOM Smart may suggest and upsell to you which may improve the Smart Security Services in your Premises; “ AOD Commitment Period ” means the Commitment Period of an Add-on Device(s), if you purchase such Add-On Device(s) under the AOD Monthly Installment Plan, which is thirty six (36) months commencing from the date of successful installation of the Add-On Device(s) at your Premises and the receipt of your confirmation of the same; “ AOD Early Termination Charge ” has the meaning defined in Part E (Commitment Period of Services and Termination) , Clause 4 of this SSTC ; “ AOD Monthly Installment Plan ” means the 36-month installment plan for the purchase of the Add-on Device(s); " Commitment Period “ means the minimum period which you need to sign up for, or subscribe to, a particular product and/or services; “Home Internet Service” means either the Maxis Fibre plans (i.e. Maxis Fibre 30Mbps, 100Mbps, 300Mbps, 500Mbps or 800Mbps) or Maxis Home 4G WiFi 138, and as determined by Maxis from time to time; “ Maxis ” means Maxis Broadband Sdn Bhd (Company Number 234053-D) including its successor-in-title or assigns of Maxis; " Maxis Bill” means the bill issued by Maxis to you on a monthly basis, which includes the itemised Charges, and/or additional Charges relating to the Smart Security Services subscribed by you as value-added services / products to Home Internet Service; " SECOM Smart ” means SECOM Smart (Malaysia) Sdn. Bhd., previously known as ADT Services (M) Sdn. Bhd., (Company Number 225092-V) including its successor-in-title or assigns of SECOM Smart; “ SECOM Smart Tax Invoice” means the tax invoice issued by SECOM Smart to you on a monthly basis in respect of the Smart Security Services subscribed by you as value-added services/ products to the Home Internet Service; “ Smart Security Equipment ” means all equipment provided by SECOM Smart for the Smart Security Service including sensors, cameras, boundary guards, panels, detectors and sirens and Add-On Device(s) (if applicable); " SSS Commencement Date ” means the date on which the Smart Security Services and Smart Security Equipment are successfully installed at your Premises, and the receipt of your confirmation of the same, upon which the Smart Security Services shall commence; “ SSS Commitment Period ” means in respect of a particular Smart Security Service, the Commitment Period of that Smart Security Service, which is thirty-six (36) months commencing from the relevant SSS Commencement Date; “ SSS Early Termination Charge ” has the meaning defined in Part E (Commitment Period of Services and Termination) , Clause 4 of this SSTC ; and “ SSS Term ” means the SSS Commitment Period together with any extensions made under Part A (Your Obligations and the Obligations of SECOM Smart) Clause 4 of the Smart Security Service Additional Terms , unless the Smart Security Services plan is earlier terminated in accordance with the Smart Security Service Additional Terms. Unless specifically defined in this SSTC, all other capitalised terms herein have the same meaning as defined in the GTC.

To be eligible for the Smart Security Services, you must: either be a new or existing subscriber of any of the Home Internet Services; not have any outstanding payments with Maxis; and not be a commercial user and/or bulk subscriber. Your eligibility is further subject to your compliance of Maxis’ registration requirements and credit check policy. Eligible subscribers can subscribe or sign up to a maximum of one (1) Smart Security Service per one (1) Home Internet Service. The list of available Smart Security Services is available at Appendix 2 (Charges and Rate Table Guide for the Smart Security Services) , which may be updated from time to time. Notwithstanding the above, Maxis reserves the right to change the eligibility criteria for the Smart Security Services from time to time.

The applicable Charges and rate table guide for the Smart Security Services is determined by SECOM Smart and as set out in Appendix 2 (Charges and Rate Table Guide for the Smart Security Services) of this SSTC, which is subject to changes from time to time by SECOM Smart in accordance with Part A (General) , Clause 10 of this SSTC . Charges displayed do not include applicable taxes, unless expressly provided otherwise. Please contact Maxis (as SECOM Smart’s authorized payment collection agent) for any enquiries related to the applicable Charges for your Smart Security Services. SECOM Smart shall be responsible to issue to you the SECOM Smart Tax Invoice, while Maxis (as the authorized payment collection agent of SECOM Smart) shall be responsible to issue to you the Maxis Bill. By subscribing to the Smart Security Services via Maxis (as SECOM Smart’s authorized agent to sell and collect payments in respect of the Smart Security Services), you authorize Maxis (as the authorized payment collection agent of SECOM Smart) to bill the applicable Charges and/or additional Charges for the Smart Security Services into your Maxis Bill. Maxis (as the authorized payment collection agent of SECOM Smart) shall collect from you, and you shall pay to Maxis, the applicable Charges, and/or additional Charges, for the Smart Security Services as detailed in your Maxis Bill. You must ensure that your Maxis Bills are settled by the payment due date set out in the relevant Maxis Bill. All Charges are due and payable to Maxis as soon as the Maxis Bill is issued. Please contact Maxis for any enquiries related to your Maxis Bill.

Commitment Period of Services and Termination

For the purposes of this Agreement: the “Maxis Fibre Early Termination Charge” shall be calculated using the formula below: Monthly charges for Maxis Fibre plan (RM) x Remaining month(s) of the Commitment Period of the Maxis Fibre plan the “ SSS Early Termination Charge ” shall be calculated using the formula below: Monthly charges for the Smart Security Service plan (RM) x Remaining month(s) of the SSS Commitment Period the AOD Early Termination Charge will only apply to you if you have purchased Add-On Device(s) under an AOD Monthly Installment Plan in accordance with Part A (Your Obligations and the Obligations of SECOM Smart) , Clauses 6 – 14 of the Smart Security Service Additional Terms below. The “ AOD Early Termination Charge ”, if applicable, shall be calculated using the formula below: Charges for Add-On Devices (RM) ÷ 36 months x Remaining month(s) of the AOD Commitment Period

Home Internet Service

If you are a subscriber of the Maxis Fibre plan, you will be subject to the Fibre SSTC (available at https://www.maxis.com.my/en/terms-conditions/products-services/home-internet/maxis-fibre/). If you are a subscriber of the Maxis Home 4G WiFi 138 plan, you will be subject to the Home 4G WiFi SSTC (available at https://www.maxis.com.my/en/terms-conditions/products-services/home-internet/maxis-home-4g-wifi/).

Terms & Conditions

Service Specific Terms & Conditions (“SSTC”) – SECOM Smart Security Service as add-on to Maxis Fibre / Maxis Home 4G WiFi

Version [29th May 2023]

The Services: Add-on of any SECOM Smart Security Service plans, as listed in Appendix 2 (Charges and Rate Table Guide for the Smart Security Services) hereto, and as updated from time to time, (collectively referred to as “Smart Security Services”) to your Home Internet Service (as defined below).

You: Person(s) signing up/subscribing to the Smart Security Services.

This SSTC, including any schedules, annexures or other documents incorporated by reference apply to:

your subscription to the Smart Security Services via Maxis (as SECOM Smart’s authorized agent to sell and collect payments in respect of the Smart Security Services); and

(b) the provision by SECOM Smart to you of the Smart Security Services.

In addition to this SSTC, you acknowledge and agree that the terms and conditions in the following documents shall also apply to your use of, and access to, the Smart Security Services which are provided as part of the Home Internet Service, and you shall fully comply with the referenced terms and conditions, to the extent that you subscribe to the services prescribed under the terms and conditions:

(a) Maxis General Terms & Conditions ("GTC") (available at https://www.maxis.com.my/en/terms-conditions/general/maxis-consumer/);

(b) Maxis’ terms and conditions on the Home Internet Service, as may be subscribed by you, which include the following terms and conditions:

Maxis Service Specific Terms & Conditions – Maxis Fibre Broadband (“Fibre SSTC”) – applicable to Maxis Fibre plans (available at https://www.maxis.com.my/en/terms-conditions/products-services/home-internet/maxis-fibre/); OR Maxis Service Specific Terms & Conditions – Maxis Home 4G WiFi (“Home 4G WiFi SSTC”) – applicable to Maxis Home 4G WiFi 138 plan (available at https://www.maxis.com.my/en/terms-conditions/products-services/home-internet/maxis-home-4g-wifi/), whichever is applicable; and

Maxis Fair Usage Policy (available at www.maxis.com.my/FUP);

(the terms and conditions specified under Clauses 4(a), 4(b)(i) and 4(b)(ii) shall collectively be referred to as “Maxis Customer Terms”); and

SECOM Smart’s terms and conditions as applicable to the Smart Security Services, as may be subscribed by you, which include the following terms and conditions:

Smart Security Service Additional Terms (available at https://www.secomsmart.com.my/cms-service-agreement-terms-and-conditions/ and in Appendix 1 hereto); and

SECOM Smart Privacy Policy (available at https://www.secomsmart.com.my/privacy-policy/);

(the terms and conditions specified under Clauses 4(c)(i) to 4(c)(ii) shall collectively be referred to as “SECOM Smart Customer Terms”).

This SSTC, Maxis Customer Terms, and SECOM Smart Customer Terms are collectively referred to herein as the “Agreement”.

Your offer to subscribe, as set out in the Registration Form, shall be based on this SSTC. A contract with you is executed if your offer to subscribe to the Smart Security Services is accepted by SECOM Smart. Acceptance of such offer to subscribe is deemed to have occurred when the equipment and ancillary material to be provided by SECOM Smart which is required for the use of the Smart Security Services is made available, installed and activated for you at your Premises by SECOM Smart.

You acknowledge and agree that:

The Home Internet Service will be provided to you by Maxis while the Smart Security Services will be provided to you by SECOM Smart.

The Smart Security Services are marketed and sold to you by Maxis as SECOM Smart’s authorized agent to market and sell the Smart Security Service and Maxis is the party that subscribes you to the Smart Security Services using the Registration Form.

Maxis, as SECOM Smart’s authorized payment collection agent, is responsible for the collection and recovery of the Charges for the Smart Security Services subscribed by you, as detailed in the Maxis Bill.

For the avoidance of doubt, there will be two (2) contracts, namely:

One (1) contract between Maxis and you in respect of the provision of the Home Internet Service to you, consisting of the terms of this SSTC (but excluding the SECOM Smart Customer Terms) and the Maxis Customer Terms (“Maxis Customer Contract”); and

One (1) contract between SECOM Smart and you in respect of the provision of the Smart Security Service to you, consisting of the terms of this SSTC (but excluding Maxis Customer Terms) and the SECOM Smart Customer Terms (“SECOM Smart Customer Contract”) upon the acceptance by SECOM Smart of your offer to subscribe to the Smart Security Services in accordance with Clause 5 above.

Enquiries and Dispute:

If you have an enquiry, issue or dispute relating to:

the Home Internet Service or the services relating to the provision of the Home Internet Service;

the marketing, sale, collection and recovery of Charges for the Smart Security Services; or

the Maxis Bill,

you shall raise such enquiry, issue or dispute directly with Maxis at (i) 123 via Maxis mobile lines; or (ii) 03-74922123 or 1800-821-123 from other fixed or mobile lines.

If you have an enquiry, issue or dispute relating to the Smart Security Service or the SECOM Smart Tax Invoice, you shall raise such enquiry, issue or dispute directly with SECOM Smart at 03-9236 1800, Opt. 5.

In the event of any inconsistency between this SSTC, the Maxis Customer Terms or the SECOM Smart Customer Terms, such inconsistency shall be resolved by giving precedence in the following order:

in respect of the Home Internet Service:

this SSTC;

the Maxis Customer Terms; and

in respect of the Smart Security Services:

this SSTC; and

the SECOM Smart Customer Terms.

Maxis and SECOM Smart shall reserve their respective rights without liability, to revise this SSTC, the Maxis Customer Terms and SECOM Smart Customer Terms, which shall include the Smart Security Services, and the pricing / Charges for the Smart Security Services, from time to time. Where reasonably practicable, Maxis and SECOM Smart (as the case may be) will give you reasonable advance notice of such changes and all previous versions of this SSTC, the Maxis Customer Terms and/or the SECOM Smart Customer Terms (as the case may be) will be superseded. You accept you are responsible for regularly reviewing information on the Smart Security Services posted on the official websites of Maxis and SECOM Smart respectively. Your continued use of the Smart Security Services after the effective date of any revision/ change to this SSTC, the Maxis Customer Terms and/ or the SECOM Smart Customer Terms shall constitute unconditional acceptance by you of such revisions/ changes and you shall be bound by the same. If you do not accept such revisions/changes, you are entitled to terminate the Smart Security Services and/or the use of the Smart Security Services by giving notice to Maxis within thirty (30) days from the effective date of any revision/ change to this SSTC, the Maxis Customer Terms and/ or the SECOM Smart Customer Terms in accordance with Part D (Termination of Smart Security Service), Clause 1 of the Smart Security Service Additional Terms, failing which you are assumed to have accepted the revision/ changes.
The following capitalized terms used in this SSTC shall be defined as follows:

“Add-on Device(s)” means devices which Maxis (as SECOM Smart’s authorized agent) and/or SECOM Smart may suggest and upsell to you which may improve the Smart Security Services in your Premises;

“AOD Commitment Period” means the Commitment Period of an Add-on Device(s), if you purchase such Add-On Device(s) under the AOD Monthly Installment Plan, which is thirty six (36) months commencing from the date of successful installation of the Add-On Device(s) at your Premises and the receipt of your confirmation of the same;

“AOD Early Termination Charge” has the meaning defined in Part E (Commitment Period of Services and Termination), Clause 4 of this SSTC;

“AOD Monthly Installment Plan” means the 36-month installment plan for the purchase of the Add-on Device(s);

"Commitment Period“ means the minimum period which you need to sign up for, or subscribe to, a particular product and/or services;

“Home Internet Service” means either the Maxis Fibre plans (i.e. Maxis Fibre 30Mbps, 100Mbps, 300Mbps, 500Mbps or 800Mbps) or Maxis Home 4G WiFi 138, and as determined by Maxis from time to time;

“Maxis” means Maxis Broadband Sdn Bhd (Company Number 234053-D) including its successor-in-title or assigns of Maxis;

"Maxis Bill” means the bill issued by Maxis to you on a monthly basis, which includes the itemised Charges, and/or additional Charges relating to the Smart Security Services subscribed by you as value-added services / products to Home Internet Service;

"SECOM Smart” means SECOM Smart (Malaysia) Sdn. Bhd., previously known as ADT Services (M) Sdn. Bhd., (Company Number 225092-V) including its successor-in-title or assigns of SECOM Smart;

“SECOM Smart Tax Invoice” means the tax invoice issued by SECOM Smart to you on a monthly basis in respect of the Smart Security Services subscribed by you as value-added services/ products to the Home Internet Service;

“Smart Security Equipment” means all equipment provided by SECOM Smart for the Smart Security Service including sensors, cameras, boundary guards, panels, detectors and sirens and Add-On Device(s) (if applicable);

"SSS Commencement Date” means the date on which the Smart Security Services and Smart Security Equipment are successfully installed at your Premises, and the receipt of your confirmation of the same, upon which the Smart Security Services shall commence;

“SSS Commitment Period” means in respect of a particular Smart Security Service, the Commitment Period of that Smart Security Service, which is thirty-six (36) months commencing from the relevant SSS Commencement Date;

“SSS Early Termination Charge” has the meaning defined in Part E (Commitment Period of Services and Termination), Clause 4 of this SSTC; and

“SSS Term” means the SSS Commitment Period together with any extensions made under Part A (Your Obligations and the Obligations of SECOM Smart) Clause 4 of the Smart Security Service Additional Terms, unless the Smart Security Services plan is earlier terminated in accordance with the Smart Security Service Additional Terms.

Unless specifically defined in this SSTC, all other capitalised terms herein have the same meaning as defined in the GTC.
To be eligible for the Smart Security Services, you must:

either be a new or existing subscriber of any of the Home Internet Services;

not have any outstanding payments with Maxis; and

not be a commercial user and/or bulk subscriber.

Your eligibility is further subject to your compliance of Maxis’ registration requirements and credit check policy.

Eligible subscribers can subscribe or sign up to a maximum of one (1) Smart Security Service per one (1) Home Internet Service. The list of available Smart Security Services is available at Appendix 2 (Charges and Rate Table Guide for the Smart Security Services), which may be updated from time to time.

Notwithstanding the above, Maxis reserves the right to change the eligibility criteria for the Smart Security Services from time to time.
The applicable Charges and rate table guide for the Smart Security Services is determined by SECOM Smart and as set out in Appendix 2 (Charges and Rate Table Guide for the Smart Security Services) of this SSTC, which is subject to changes from time to time by SECOM Smart in accordance with Part A (General), Clause 10 of this SSTC. Charges displayed do not include applicable taxes, unless expressly provided otherwise. Please contact Maxis (as SECOM Smart’s authorized payment collection agent) for any enquiries related to the applicable Charges for your Smart Security Services.

SECOM Smart shall be responsible to issue to you the SECOM Smart Tax Invoice, while Maxis (as the authorized payment collection agent of SECOM Smart) shall be responsible to issue to you the Maxis Bill.

By subscribing to the Smart Security Services via Maxis (as SECOM Smart’s authorized agent to sell and collect payments in respect of the Smart Security Services), you authorize Maxis (as the authorized payment collection agent of SECOM Smart) to bill the applicable Charges and/or additional Charges for the Smart Security Services into your Maxis Bill.

Maxis (as the authorized payment collection agent of SECOM Smart) shall collect from you, and you shall pay to Maxis, the applicable Charges, and/or additional Charges, for the Smart Security Services as detailed in your Maxis Bill. You must ensure that your Maxis Bills are settled by the payment due date set out in the relevant Maxis Bill. All Charges are due and payable to Maxis as soon as the Maxis Bill is issued. Please contact Maxis for any enquiries related to your Maxis Bill.

The Home Internet Service shall be subject to the relevant Commitment Period as provided under the SSTCs for the Home Internet Service. The Smart Security Services shall be subject to the SSS Commitment Period.
You shall not during the relevant Commitment Period of the Home Internet Service and the SSS Commitment Period:
1. terminate your Home Internet Service and/or the Smart Security Service;
2. suspend your Home Internet Service account or port to another internet service provider;
3. have any of your accounts for the Home Internet Service and/or the Smart Security Service terminated for non-payment of monthly bills;
4. change the base package of the Smart Security Services (i.e. Vanguard, Vanguard Plus, Champion, Champion Plus, Prime or Prime Pro) for which you have subscribed; or
5. change or transfer ownership of your accounts and/or the Home Internet Service and/or the Smart Security Service to any person.
You acknowledge that, if any of the events in Part E (Commitment Period of Services and Termination), Clause 2 of this SSTC above occurs, (a) Maxis shall be entitled to terminate the Home Internet Service; and (b) SECOM Smart shall be entitled to terminate the Smart Security Services.
In the event the Home Internet Service or the Smart Security Service is terminated (by you or where termination is caused by you) prior to the expiry of the relevant Commitment Period of the Home Internet Service or the SSS Commitment Period (as the case may be), the following will apply to you:

No	Events	Consequences
(a)	If the Maxis Fibre plan is terminated prior to the expiry of the Commitment Period of the Maxis Fibre plan	Your Smart Security Services plan will be terminated and you will be charged the (i) Maxis Fibre Early Termination Charge; (ii) SSS Early Termination Charge; and (iii) AOD Early Termination Charge (if applicable).
(b)	If the Maxis Fibre plan is terminated prior to the expiry of the SSS Commitment Period (but after the expiry of the Commitment Period of the Maxis Fibre plan)	Your Smart Security Services plan will be terminated and you will be charged the (i) SSS Early Termination Charge and (ii) AOD Early Termination Charge (if applicable).
(c)	If the Maxis Home 4G WiFi is terminated prior to the expiry of the SSS Commitment Period	Your Smart Security Services plan will be terminated and you will be charged the (i) SSS Early Termination Charge; and (ii) AOD Early Termination Charge (if applicable).
(d)	If the Smart Security Service plan is terminated prior to the expiry of the SSS Commitment Period	Your Home Internet Service will continue subject to the applicable Maxis Service Specific Terms & Conditions and you will be charged the (i) SSS Early Termination Charge; and (ii) AOD Early Termination Charge (if applicable).

For the purposes of this Agreement:
1. the “Maxis Fibre Early Termination Charge” shall be calculated using the formula below:
  
  Monthly charges for x Remaining month(s) of the
  Maxis Fibre plan (RM) Commitment Period of the
  Maxis Fibre plan
2. the “SSS Early Termination Charge” shall be calculated using the formula below:
  
  Monthly charges for x Remaining month(s) of the
  the Smart Security SSS Commitment Period
  Service plan (RM)
3. the AOD Early Termination Charge will only apply to you if you have purchased Add-On Device(s) under an AOD Monthly Installment Plan in accordance with Part A (Your Obligations and the Obligations of SECOM Smart), Clauses 6 – 14 of the Smart Security Service Additional Terms below. The “AOD Early Termination Charge”, if applicable, shall be calculated using the formula below:
  
  Charges for Add-On x Remaining month(s) of the
  Devices (RM) ÷ 36 AOD Commitment Period
  months

For the purposes of this Agreement:
1. the “Maxis Fibre Early Termination Charge” shall be calculated using the formula below:
2. the “SSS Early Termination Charge” shall be calculated using the formula below:
  
  Monthly charges for the Smart Security Service plan (RM)
  x
  Remaining month(s) of the SSS Commitment Period
3. the AOD Early Termination Charge will only apply to you if you have purchased Add-On Device(s) under an AOD Monthly Installment Plan in accordance with Part A (Your Obligations and the Obligations of SECOM Smart), Clauses 6 – 14 of the Smart Security Service Additional Terms below. The “AOD Early Termination Charge”, if applicable, shall be calculated using the formula below:
  
  Charges for Add-On Devices (RM) ÷ 36 months
  x
  Remaining month(s) of the AOD Commitment Period

If you are a subscriber of the Maxis Fibre plan, you will be subject to the Fibre SSTC (available at https://www.maxis.com.my/en/terms-conditions/products-services/home-internet/maxis-fibre/).

If you are a subscriber of the Maxis Home 4G WiFi 138 plan, you will be subject to the Home 4G WiFi SSTC (available at https://www.maxis.com.my/en/terms-conditions/products-services/home-internet/maxis-home-4g-wifi/).
In respect of your purchase of / subscription to the Smart Security Services, you will be subject to the terms in this SSTC and the Smart Security Service Additional Terms (available at https://www.secomsmart.com.my/cms-service-agreement-terms-and-conditions/ and in Appendix 1 hereto).

Your Acknowledgement

You accept and acknowledge to Maxis that:

You are accountable for the use and safety of the Smart Security Equipment during the SSS Term. Nothing in this SSTC shall be construed as transferring the title or ownership of the Smart Security Equipment to you unless expressly stated otherwise. You shall not directly or indirectly give or allow another person to give any interest in or lien over the Smart Security Equipment. You shall promptly, at your own costs and expenses, take all such actions as may be necessary to duly discharge or eliminate any such liens over the Smart Security Equipment upon obtaining actual knowledge thereof;

the Smart Security Equipment and the Smart Security Services do not cause and cannot eliminate occurrences of the events they are intended to detect or avert, including but not limited to fires, floods, burglaries, robberies, criminal intrusion, medical problems or other emergency services. Maxis makes no guarantee that the Smart Security Equipment and the Smart Security Services provided will detect or avert such incidents or their consequences. Maxis does not undertake any risk that you may be subject to any injury or loss if such an event occurs. You agree to release, waive, discharge and promise not to sue or bring any claim of any type against Maxis for loss, damage or injury relating in any way to the Smart Security Equipment and the Smart Security Service, unless the loss, damage or injury is directly caused by Maxis due to its breach of any terms of the Agreement; and

this SSTC and/or Agreement is not intended as a policy of insurance nor a substitute for an insurance policy. Nothing in this SSTC and/or Agreement shall constitute Maxis as an insurer. If you want to be insured against any risk or loss at your Premises, you shall purchase such insurance from a licensed insurer. In the event that any such loss, damage or injury arises for which you are insured, you will look exclusively to your insurer and not to Maxis for any compensation. You release and waive all subrogation and other rights to recover against Maxis arising as a result of the payment of any claim for such loss, damage or injury for which you are insured.

Liability

You agree with, and acknowledge to, Maxis that:

the Smart Security Services are provided by SECOM Smart. In such situations, Maxis excludes any liability related to it and is not responsible for any loss, damage, injury, liability or expenses arising from any claims whatsoever including but not limited to cyber terrorism, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of the Smart Security Service, whether by you or any other third party; and

the Smart Security Service may be subject to limitations, delays and other problems inherent in communication facilities and network, including the internet. Therefore, Maxis shall not be responsible for any delays, delivery, failures or other damage or loss resulting from such problems.

APPENDIX 1 - SMART SECURITY SERVICE ADDITIONAL TERMS

The terms set out in this document shall be collectively referred to as the “Smart Security Service Additional Terms”.

Unless specifically defined in these Smart Security Service Additional Terms, all other capitalized terms herein have the same meaning as defined in the SSTC. The following capitalized terms used in these Smart Security Service Additional Terms shall be defined as follows:

“Carrier”	means the communications carrier(s) engaged by you that provides the outbound calling services to enable the Smart Security Services to be provided to you;
"CCC”	means the customer care centre, being the facility where Signals from the Smart Security Equipment are received and where your inquiries are handled;
“Consumable”	means batteries, light globes and other such items that form part of the Smart Security Equipment;
“Decommissioning”	means the disabling of Smart Security Equipment to ensure no further Signals are transmitted from the Smart Security Equipment to the CCC;
“Emergency Services”	means providers of emergency services in Malaysia, for e.g. police, fire brigade, ambulance, and similar rescue and first responder services;
“False Alarm”	means Signals that have been generated in error or accidentally at the Premises;
“Force Majeure”	means an act, omission or circumstance which is beyond the reasonably control of the affected party, which shall include: acts of God, acts or omissions of government, riots, acts of war, national or regional emergency, injunctions, strike or lockout, labour trouble or other industrial disturbances acts of terrorism or other civil unrest, epidemics, pandemic, fire, explosion or unusually severe weather, governmental laws, regulations orders, restrictions, embargoes or blockages imposed after the date of this Agreement, earthquakes or other natural disasters. An event, act or omission shall not be considered as a Force Majeure event if it could reasonably be circumvented through use of alternative sources, work around plans or other means within the control of such party;
“IP”	means Internet Protocol;
“Keyholder”	means the keyholder/person(s) who shall be called by SECOM Smart in the order of priority (based on order captured in the records of SECOM Smart) when performing the Signal Treatment Procedure. Each of such person must also be in possession of the keys or other legal means of access to the Premises;
“Maxis’ Partners”	means Maxis’ service providers, partners and/or subcontractors for the provision and/or facilitation of the Services, which for the avoidance of doubt shall include SECOM Smart;
“Normal Woking Hours”	means the period from 9.00 a.m. to 5.30 p.m. on Working Days;
“Person”	means and includes an individual, a firm, body corporate, an unincorporated association or authority. Any reference to a person includes a reference to the person’s executors, administrators, successors (including, without limitation, a person taking by novation), assigns and associates;
“Related Corporations”	means related corporations as defined under the Companies Act, 2016;
“SECOM Smart Proprietary Information”	mean any and all information and intellectual property relating to the Smart Security Services and the installation or operation of the Smart Security Equipment including but not limited to patents, designs, drawings, instruction booklets, specifications circuit drawings, componentry, trade secrets, trademarks and copyright in such information and intellectual property;
“Signals”	means the reception at the CCC of a signal from Smart Security Equipment at the Premises which, in the reasonable opinion of SECOM Smart, is not a False Alarm;
“Signal Treatment Protocol”	means the procedure to be followed by SECOM Smart in the event of the receipt of a signal, which is set out in *Part J (Signal Treatment Procedure)* of the Smart Security Service Additional Terms**;
“SMS”	means Short Messaging Service;
“Software Applications”	means the software applications or websites related to the usage of, and access to, the Smart Security Services;
“SSE Warranty”	means the warranty relating to the Smart Security Equipment during the SSE Warranty Period pursuant to which SECOM Smart will replace or repair defective Smart Security Equipment during Normal Working Hours at no cost to you in respect of materials or parts;
“SSE Warranty Period”	means during the period of thirty-six (36) months from the date of successful installation of the relevant Smart Security Equipment;
“VOIP”	means the Voice Over Internet Protocol or non-standard telephone service; and
“Working Days”	means save for the states of Kedah, Johor, Terengganu and Kelantan, Mondays to Fridays, excluding public holidays, Saturdays and Sundays. In relation to the states of Kedah, Johor, Terengganu and Kelantan, Sundays to Thursdays excluding public holidays, Fridays and Saturdays.

Your Obligations

You agree throughout the duration of the SSS Term to undertake the following obligations:

Pay the applicable Charges or such other fees relating to the Smart Security Services and the Smart Security Equipment (if applicable) to Maxis (as the authorized payment collection agent of SECOM Smart) in accordance with this Agreement. The applicable Charges and rate table guide for the Smart Security Service, which do not include applicable taxes, are as set out in Appendix 2 (Charges and Rate Table Guide for the Smart Security Services);

Immediately contact the CCC when any of your or the Keyholder’s information changes;

Provide such power points as may be necessary for the connection of the essential power supply for the Smart Security Equipment;

Provide and maintain a functioning communication service(s) to allow SECOM Smart to provide the Smart Security Services;

Provide safe access to SECOM Smart or its authorized contractor to the Premises for the purposes of installing, testing, servicing and maintaining the Smart Security Equipment and exercising any other rights or performing the Smart Security Services under this Agreement;

Ensure that the Smart Security Equipment are not removed from the Premises or repaired, modified, altered, adjusted or interfered with by any party without the prior authorization of SECOM Smart;

Keep the Smart Security Equipment in good order and repair and properly serviced;

Immediately report to the CCC all faulty or damaged Smart Security Equipment or if the Smart Security Equipment fails to test properly so that repairs can be carried out;

Take all steps as may be necessary to prevent False Alarms;

Subject to Part C (Smart Security Equipment and Smart Security Services) Clause 2 of these Smart Security Service Additional Terms, to allow Decommissioning and the removal of the Smart Security Equipment and the removal of SECOM Smart Equipment on the termination of the Smart Security Service prior to the expiry of the SSS Commitment Period;

To reimburse all costs imposed on SECOM Smart by Emergency Services in respect of attending the Premises, such costs to be paid by you to Maxis (as the authorized agent of SECOM Smart) in accordance with the terms of the Agreement;

Immediately nominate another individual as Keyholder and inform SECOM Smart about the same, in the event the existing Keyholder ceases to be a Keyholder, and ensure that at no point of time during the SSS Term, there shall be less than two (2) Keyholders; and

Indemnify and hold SECOM Smart and its Related Corporations harmless from any claims, demands, actions, suits and causes of action that may be made by any third party against SECOM Smart or its Related Corporations arising out of the Smart Security Services or the Agreement.

SECOM Smart’s Obligations

SECOM Smart shall, throughout the SSS Term, undertake the following obligations:

supply, install, connect and commission the Smart Security Equipment and/or test the Smart Security Equipment in accordance with this Agreement;

provide the Smart Security Service in accordance with this Agreement;

operate the CCC, twenty-four (24) hours a day, seven (7) days a week (but subject to the occurrence of Force Majeure) to monitor the Signals, following the receipt of the Signals at the Premises, and initiate action as set out in the Signal Treatment Procedure; and

maintain a log of Signals received at the CCC. You and SECOM Smart acknowledge that the log will be conclusive evidence of the Signals received by the CCC and the action taken by SECOM Smart in response to the respective Signals.

Additional Charges;

You acknowledge and agree to pay Maxis (as the authorized payment collection agent of SECOM Smart) for any additional Charges arising from the provision of Smart Security Service, including but not limited to the following:

Charges incurred based on the time taken by SECOM Smart to travel to and from your Premises and whether the same is rendered within or beyond Normal Working Hours for visit(s) to your Premises requested by you for matters related to the SSE Warranty or otherwise;

any Add-On Device(s) purchased by you during the SSS Term;

all costs imposed on SECOM Smart by the Emergency Services in respect of attending to your Premises;

any fees for the Decommissioning in the event of termination or expiration of the SSS Term;

all costs incurred by SECOM Smart in exercising its rights to repossess the Smart Security Equipment;

additional fee(s) charged should you wish to purchase or own the Smart Security Equipment;

re-programming the Smart Security Equipment for any reason;

the reasonable value or cost to repair or replace any of the Smart Security Equipment, lost or damaged by you;

every additional visit to your Premises after the first (1^st) visit as requested by you relating to the complete installation of the Smart Security Equipment;

the SSS Early Termination Charge and/or AOD Early Termination Charge (if applicable) and other applicable Charges for the Decommissioning of the Smart Security Equipment;

the costs of removing, re-installing and re-commissioning of the Smart Security Equipment in the even you wish to relocate to a new Premise and continue to use the Smart Security Service in accordance with this Agreement; and

any fees to resume the suspended Smart Security Services in accordance with this Agreement.

Commitment Period for Smart Security Service

The Smart Security Services shall commence on the SSS Commencement Date. The provision of the Smart Security Services is subject to the SSS Commitment Period. Upon the expiry of the SSS Commitment Period, the SSS Term for the Smart Security Service shall automatically extend on a month-to-month basis such that you will continue and maintain the plan for the Smart Security Services until prior written notice of at least thirty (30) days is provided by you to Maxis (as SECOM Smart’s authorised agent to market and sell the Smart Security Service) to terminate your Smart Security Services plan under this Agreement in accordance with Part D (Termination of Smart Security Service), Clause 1 of these Smart Security Service Additional Terms.

You acknowledge that, if you terminate the Smart Security Services, or cause the Smart Security Service to be terminated, prior to the expiry of the SSS Commitment Period, you shall pay to Maxis (as SECOM Smart’s authorized payment collection agent) the SSS Early Termination Charge.

Add-on Device(s)

Maxis (as SECOM Smart’s authorized agent to market and sell the Smart Security Service) and/or SECOM Smart may suggest and upsell to you the Add-On Device(s).

You may pay the Charges for the Add-on Device(s) as a one-time fee OR as a monthly installment under the AOD Monthly Installment Plan, which is exclusive of all applicable taxes. Once you have agreed to purchase any of the Add-On Devices, such Add-On Device is considered sold and no refunds are allowed.

If you wish to purchase the Add-On Device(s) under the AOD Monthly Installment Plan, you will be subject to an AOD Commitment Period for relevant Add-on Device(s).

You shall not, during the AOD Commitment Period:

terminate your Home Internet Service and/or the Smart Security Service;

suspend your Home Internet Service account or port to another internet service provider;

have any of your accounts for the Home Internet Service and/or the Smart Security Service terminated for non-payment of monthly bills; or

change or transfer ownership of your accounts and/or the Home Internet Service and/or the Smart Security Service to any person.

You acknowledge that, if any of the events in Part A (Your Obligations and the Obligations of SECOM Smart), Clause 9 of this Smart Security Service Additional Terms above occurs or if you decide to terminate the AOD Monthly Installment Plan in respect of an Add-On Device before the expiry of its AOD Commitment Period, you shall pay Maxis (as the authorized payment collection agent of SECOM Smart) the AOD Early Termination Charge.

The payment of the AOD Early Termination Charge made by you is without prejudice to collection of all monies owing to Maxis by you as stated in your customer account up to the time of the early termination. You will be responsible to discharge the payment for all outstanding amounts which are due and payable by you to Maxis (as SECOM Smart’s authorized payment collection agent) immediately on the date of your billing cycle. All outstanding amounts due and owing to SECOM Smart shall be subject to applicable taxes.

If you suspend the Smart Security Services during the SSS Commitment Period, the monthly fee for the Add-On Device(s) under the AOD Monthly Installment Plan will continue to be charged to you.

For any request for a relocation of the Smart Security Service in accordance with this Agreement during the AOD Commitment Period, you agree that:

your monthly fee for the Add-On Device(s) under the AOD Monthly Installment Plan will continue if the Smart Security Service is able to be relocated; and

the AOD Early Termination Charge will be imposed if the Smart Security Service cannot be provided and/or is not available at your relocated Premises and your plan for the Smart Security Service or the specified device contract (where applicable) will be deemed terminated.

The Add-on Device(s) through separate purchase has a warranty that is reflective of your specific contract with SECOM Smart for such Add-on Device(s).
You accept and acknowledge to SECOM Smart that:

The Smart Security Equipment and Smart Security Services do not cause and cannot eliminate occurrences of the events that they are intended to detect or avert, including but not limited to fires, floods, burglaries, robberies, criminal intrusion, medical problems or other emergency situations. SECOM Smart makes no guarantee that the Smart Security Equipment and the Smart Security Services provided will detect or avert such incidents or their consequences. SECOM Smart does not undertake any risk that you may be subject to injury or loss if such an event occurs.

This SSTC and/or Agreement is not intended as a policy of insurance nor a substitute for an insurance policy. Nothing in these this SSTC and/or Agreement shall constitute SECOM Smart as an insurer. If you want to be insured against any risk of loss at the Premises, you will purchase such insurance from a licensed insurer. In the event that any loss, damage or injury arises for which you are insured, you will look exclusively to your insurer and not to SECOM Smart for any compensation. You release and waive all subrogation and other rights to recover against SECOM Smart arising as a result of the payment of any claim for loss, damage or injury for which you are insured;

The Smart Security Services and Smart Security Equipment shall be provided in accordance with this Agreement.

SECOM Smart reserves the rights without liability, to revise the SECOM Smart Customer Terms from time to time. Where reasonably practicable, SECOM Smart will give you reasonable advance notice of such changes and all previous versions of the SECOM Smart Customer Terms will be superseded. You accept you are responsible for regularly reviewing information on the Smart Security Service at https://www.secomsmart.com.my/cms-service-agreement-terms-and-conditions/, including changes to these Smart Security Service Additional Terms. Your continued use of the Smart Security Services after the effective date of any revision/ change to the terms and conditions of the SECOM Smart Customer Terms and/or this Smart Security Services shall constitute unconditional acceptance by you of such revisions/ changes and you shall be bound by the same. If you do not accept such revision/ changes, you are entitled to terminate the Smart Security Services and/or the use of the Smart Security Service by giving Maxis (as the authorized agent of SECOM Smart to market and sell the Smart Security Service) notice within thirty (30) days from the effective date in accordance with Part D (Termination of Smart Security Service), Clause 1 of these Smart Security Service Additional Terms, failing which you are assumed to have accepted the changes. For the purposes of this Clause, the effective date of any revision / change to the terms and conditions of these Smart Security Service Additional Terms and or this Smart Security Services shall be the date on which such variations, additions or amendments of the same are posted on https://www.secomsmart.com.my/cms-service-agreement-terms-and-conditions/ and will take effect.

SECOM Smart may engage subcontractors to provide the Smart Security Services;

SECOM Smart may record telephone conversations with you, or any Keyholder nominated by you, and the CCC. You consent to the disclosure by SECOM Smart of those recordings to any Emergency Service or other law enforcement body or any other Government investigatory body and the use by SECOM Smart of those records in legal proceedings;

The Emergency Services may suspend response and/or attendance at the Premises in the event False Alarms exceed the maximum numbers for a given period as set by the Emergency Services from time to time;

SECOM Smart has no control over and shall not have any responsibility over the acts or omissions of Keyholders and/or the Emergency Services. You understand that, where applicable, Emergency Services shall exercise their respective independent judgment when making decisions on whether to give or withhold medical treatment, whether to transport any person to a hospital or medical facility, and which hospital or medical facility should be used. SECOM Smart gives no representations or warranties whatsoever in relation to attendance at the Premises by Keyholders and/or Emergency Services;

SECOM Smart shall have no obligation to provide substitute services if the Smart Security Services are suspended or unavailable due to any event of Force Majeure, your default or matters beyond the control of SECOM Smart;

The Smart Security Equipment furnished under this Agreement (which includes Smart Security Service Additional Terms):

is not foolproof and may experience signal transmission failure or delays for any number of reasons, whether or not SECOM Smart’s or under SECOM Smart’s control; and

uses SIM cards or IP lines for transmission of Signals and the CCC will not receive Signals from your Premises when:

there is an extended power outage; or

your VOIP or internet service fails or is interrupted when such service is being used as the sole means to transmit Signals;

You shall abide by SECOM Smart’s published written requirements for the installation and use of the Smart Security Equipment found in the user guide (the “Installation and Use Requirements”). The Installation and Use Requirements are incorporated by reference in these Smart Security Service Additional Terms as if set forth in full herein. You acknowledge receipt of a copy of the Installation and Use Requirements with the delivery of Smart Security Equipment. SECOM Smart may re-publish the Installation and Use Requirements from time- to-time and you shall be bound thereby upon SECOM Smart’s delivery thereof to you. SECOM Smart cannot be held responsible for any loss, damage or injury, if no reasonable care is taken to follow the Installation and Use Requirements and use the Smart Security Equipment and Smart Security Services properly;

You shall be responsible for removing the SECOM Smart decal sticker once the Smart Security Services are ceased;

For the avoidance of doubt, you agree you shall not hold SECOM Smart liable for or make any claim against SECOM Smart for loss and/or damage, where such loss and/or damage arises from any failure or interruption to the Smart Security Service which is attributable to a disruption or non-availability of the power supply to the Premises or non-availability of mobile telephone and other necessary communication services provided by your carrier required for the transmissions of signals from and to the Smart Security Equipment and the CCC; and

You are accountable for the use and safety of the Smart Security Equipment during the SSS Term. Nothing in this Agreement shall be construed as transferring the title or ownership of the Smart Security Equipment to you unless otherwise expressly stated. You shall not directly or indirectly give or allow another person to give any interest in or lien over the Smart Security Equipment. You shall promptly, at your own costs and expenses, take all such actions as may be necessary to duly discharge or eliminate any such liens over the Smart Security Equipment upon obtaining actual knowledge thereof.

1A. You further accept that and acknowledge to SECOM Smart that Maxis is solely responsible to you for:

the Home Internet Service or the services relating to the provision of the Home Internet Service; and

the marketing, sale, collection and recovery of Charges for the Smart Security Services (as SECOM Smart’s authorized agent to sell the Smart Security Services and payment collection agent),

and you agree to release, waive, discharge and promise not to sue or bring any claim of any type against SECOM Smart for loss, damage or injury relating in any way or arising from thereof.

Under these Smart Security Service Additional Terms, you acknowledge and agree that SECOM Smart or any third party to whom these Smart Security Service Additional Terms are assigned to by SECOM Smart (collectively referred to as the “Collector”) may process personal information about you, including your Smart Security Equipment once installed during the SSS Term, but always strictly in compliance with applicable laws. Subject to Part O (Personal Data Protection Act) of these Smart Security Service Additional Terms, you acknowledge that:

without limitation, the Collector may process and store your personal information:

to assess any application by you for the Smart Security Services and your credit worthiness;

for Maxis (as the authorized payment collection agent of SECOM Smart) to collect Charges or such other fees relating to the Smart Security Services that are overdue under these Smart Security Service Additional Terms;

to provide the Smart Security Services to you (including administration and the investigation or resolution of disputes relating to any of the Smart Security Services provided to you); and

as otherwise required by applicable law.

without limitation, the Collector may also disclose your personal information to governmental bodies such as the police, fire brigades and other providers of emergency services.
Installation and/or testing of the Smart Security Equipment

The Smart Security Services will be provided to you by SECOM Smart. Upon the successful installation of the Home Internet Service (if applicable) at your Premises, SECOM Smart will call you to confirm the installation appointment date and time for the Smart Security Service. You must inform SECOM Smart at least three (3) days prior to the appointment date for any rescheduling or cancellation of the installation. SECOM Smart reserves the rights to charge you RM120.00 for any late rescheduling or cancellation request and if such late rescheduling or cancellation charges are imposed, you shall pay such charges to Maxis (as the authorized payment collection agent of SECOM Smart).

You will be supplied with the Smart Security Equipment as part of the Smart Security Services.

Subject to you complying with your obligations to pay the relevant Charges for the Security Smart Services in accordance with this Agreement, SECOM Smart shall supply and install the Smart Security Equipment at the Premises and/or perform initial testing of the existing Smart Security Equipment at the Premises.

You shall be responsible for:

any structural alterations to the Premises;

any necessary repairs to the Premises, including the costs of repairs and repairing due to the hacking of walls or ceilings to install concealed wiring;

performing daily Smart Security Equipment tests; and

the provision of all necessary power points to enable the Smart Security Equipment to be installed and operated.

Risk in and title to the Smart Security Equipment

The risk in the Smart Security Equipment passes to you upon the successful installation and commissioning of the Smart Security Equipment at the Premises.

Subject to you having complied with your obligation to pay the relevant Charges in full (i) to purchase or own the Smart Security Equipment or (ii) for the repudiation of this Agreement (whether in full or in part) before the termination or expiry of the SSS Commitment Period in accordance with this Agreement, the title of the Smart Security Equipment shall remain with SECOM Smart during the SSS Commitment Period.

In the event you repudiate this Agreement (whether in full or in part) before the expiry of the SSS Commitment Period, in addition to your obligation to pay the relevant Charges as a consequence of such repudiation, SECOM Smart reserves the right to remove or abandon in whole or in part, the Smart Security Equipment without obligation to make good the Premises upon such removal and/or abandonment. You must provide safe access for SECOM Smart or its authorized contractor to the Premises or any other premises where the Smart Security Equipment may be stored to enable SECOM Smart or its authorized contractor to remove the Smart Security Equipment. In the event you fail to do so, additional Charges will be imposed accordingly.

If you commit any breach under this Agreement (including failure to pay the relevant Charges on a timely basis), SECOM Smart may at any time, without notice to you and without prejudice to any other rights which SECOM Smart may have against you, commence actions and proceedings to remove and recover the Smart Security Equipment without being liable for any damage caused.

Commencement of the Smart Security Services

Upon the successful installation and commissioning of the Smart Security Equipment at your Premises and confirmation by you, you shall be deemed ready to receive the Smart Security Services. SECOM Smart shall thereafter activate the Smart Security Services.
Without limiting any rights granted to you under statute, you may terminate your Smart Security Service plans under this Agreement by providing to Maxis (as SECOM Smart’s authorized agent to market and sell the Smart Security Service) with at least thirty (30) days’ prior written notice. If you terminate your Smart Security Services plan under this Agreement prior to the expiry of the SSS Commitment Period, you shall pay to Maxis (as the authorized payment collection agent of SECOM Smart) the SSS Termination Charge and AOD Early Termination Charge (if applicable) in accordance with the Agreement.

Notwithstanding anything to the contrary, SECOM Smart reserves the right to terminate your Smart Security Service plan under this Agreement by providing a prior written notice of at least thirty (30) days (“SECOM Smart Termination Notice Period”) to you. Upon the termination of your Smart Security Service plan under this Agreement by SECOM Smart under this Clause:

any prepaid Charges for the Smart Security Services or Smart Security Equipment before the date of the SECOM Smart Termination Notice Period shall be refunded by Maxis (as the authorized agent of SECOM Smart) to you; and

SECOM Smart shall be entitled to Decommission the Smart Security Equipment at no cost to you; and

you shall be entitled to retain the Smart Security Equipment previously provided to you for the Smart Security Service at no extra cost to you. However, if you wish to have the Smart Security Equipment un-installed and removed from your Premises, SECOM Smart shall remove such Smart Security Equipment from your Premises at your option, provided that SECOM Smart’s labour and transport costs shall be charged to you on the standard rates which shall be paid by you to Maxis (as the authorized payment agent of SECOM Smart).

Without limitation, SECOM Smart may, at its sole option, during the SSS Term, terminate your Smart Security Service plan under this Agreement on the following grounds:

if you breach any of the terms under the SECOM Smart Customer Terms, and fail to remedy the same within fourteen (14) days of receiving a written notice from SECOM Smart and/or Maxis (as SECOM Smart’s authorized agent to market and sell the Smart Security Service). Without limitation, you will be in breach of the SECOM Smart Customer Terms if you:

do not pay the applicable Charges or such fees relating to the Smart Security Service and Smart Security Equipment (if applicable) by the relevant due date in accordance with this Agreement;

damage or misuse the SECOM Smart Equipment leading to the inability of SECOM Smart to perform the Smart Security Service;

fail to inform SECOM Smart about any variation in the details/ information with regard to the Keyholder or fail to nominate another individual as the Keyholder(s) in accordance with Part A (Your Obligations and the Obligations of SECOM Smart) Clause 1(l) of these Smart Security Service Additional Terms in the eventuality an existing Keyholder ceases to be a Keyholder;

cause work or service to the Smart Security Equipment without prior authorization from SECOM Smart; or

fail to maintain functioning communication service(s) in order to facilitate the transmission of Signals from and to the Smart Security Equipment and the CCC in accordance with Part A (Your Obligations and the Obligations of SECOM Smart) Clause 1(d) of these Smart Security Service Additional Terms. For the avoidance of doubt, SECOM Smart shall not be liable to restore to the original condition of any damage which results from the unauthorized removal of the Smart Security Equipment.

immediately, upon written notice to you, if you become voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings or any winding up or bankruptcy or insolvency order is passed against you, or you go into liquidation or dissolution or have a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage your affairs pursuant to applicable law;

immediately upon written notice to you if SECOM Smart is unable to provide the Smart Security Service due to an event of Force Majeure;

if you fail to provide a minimum of two (2) Keyholders at all times during the SSS Term;

immediately, upon written notice to you if you (in the opinion of SECOM Smart in its sole discretion) is behaving in a manner which is inappropriate, erratic and/or violent and which affects the provision of the Smart Security Service; or

if you withdraw your consent for personal information being used in accordance with Part O (Personal Data Protection Act) of the Smart Security Service Additional Terms (available at https://www.secomsmart.com.my/cms-service-agreement-terms-and-conditions/ and in Appendix 1 hereto).
In the event:

you repudiate or terminate your Smart Security Service plan under the SECOM Smart Customer Terms prior to the SSS Commitment Period in accordance with Part D (Termination of Smart Security Service) of these Smart Security Service Additional Terms); or

SECOM Smart terminates your Smart Security Service plan under the SECOM Smart Customer Terms in accordance with Part D (Termination of Smart Security Service), Clause 3 of these Smart Security Service Additional Terms),

SECOM Smart shall be entitled to cease providing the Smart Security Service to you and effect the Decommissioning. In addition, where applicable, you shall be liable to pay the SSS Early Termination Charge, the AOD Early Termination Charge and/or such other fees relating to the Smart Security Service and/or Smart Security Equipment due and owing from you in accordance with the terms of this Agreement.

In the event you fail to pay the SSS Early Termination Charge, the AOD Early Termination Charge and/or such other fees relating to the Smart Security Service and/or Smart Security Equipment (if applicable) due and owing from you within fourteen (14) days from the date of termination of your Smart Security Services plan under this Agreement, you shall be liable to pay interest there on in accordance with this Agreement. You shall also indemnify SECOM Smart against any other costs (including legal costs on a solicitor-client basis), expenses, claims or damages whatsoever arising out of or incidental to the breach of the SECOM Smart Customer Terms by you.

In the event the Smart Security Service plan is terminated by you or SECOM Smart in accordance with the terms of the SECOM Smart Customer Terms, SECOM Smart reserves the right not to consider you for the purpose of rendering of the Smart Security Services or for the purposes of executing any agreement of any nature whatsoever with you.
You may request to suspend the Smart Security Services. Your request to suspend the Smart Security Services is subject to the sole discretion of SECOM Smart and will be determined on a case-by-case basis.

Where you suspend the Smart Security Service for a period of time, you agree that the SSS Term will be extended by that same period of time.

SECOM Smart reserves a right to charge a fee to resume the suspended Smart Security Services, and such fee shall be paid by you to Maxis (as the authorized payment collection agent of SECOM Smart) in accordance with the terms of this Agreement.
Notwithstanding anything in this Agreement, SECOM Smart reserves the right to suspend the Smart Security Services in the event that at least one of the conditions in Part D (Termination of Smart Security Service), Clause 3 of these Smart Security Service Additional Terms has occurred (“Default Events”).

You agree you shall not hold SECOM Smart liable for or make any claim against SECOM Smart for any loss and/or damage during the period of suspension of the Smart Security Services under this Part G (Suspension of the Smart Security Services Due to your Default) of these Smart Security Service Additional Terms.

SECOM Smart reserves the right to terminate the Smart Security Services in accordance with Part D (Termination of Smart Security Service) of these Smart Security Service Additional Terms if you fail to remedy the Default Events within fourteen (14) days of receiving notice from SECOM Smart to that effect.

SECOM Smart reserves a right to charge a fee to resume the suspended Smart Security Services which have been suspended due to the occurrence of any of the Default Events, and such fee shall be paid by you to Maxis (as the authorized payment collection agent of SECOM Smart) in accordance with the terms of this Agreement.

Where the Smart Security Services have been suspended for a period of time pursuant to this this Part G (Suspension of the Smart Security Services Due to your Default) of these Smart Security Service Additional Terms, you agree that the SSS Term will be extended by that same period of time.
You shall be in breach of these Smart Security Service Additional Terms in the event you vacate or transfer the possession of the Premises without the prior written consent of SECOM Smart. In the eventuality as described in the preceding sentence, SECOM Smart reserves the right to terminate the Agreement pursuant to Part D (Termination of Smart Security Service), Clause 3 of these Smart Security Service Additional Terms.

You shall not be entitled to transfer your rights and obligations under these Smart Security Service Additional Terms to a third party, unless with the prior written consent of SECOM Smart. In the event that you have assigned your rights and obligations under these Smart Security Service Additional Terms to a third party without SECOM Smart’s prior written consent, you will be liable to pay the SSS Early Termination Charge or AOD Early Termination Charge (if applicable) and such other applicable Charges including any Charges for Decommissioning the Smart Security Equipment in accordance with this Agreement within fourteen (14) days of receipt of a written notice from SECOM Smart.
In the event you wish to relocate to a new Premise and continue to use the Smart Security Service:

SECOM Smart shall remove the Smart Security Equipment from the Premises and re-install and re-commission the Smart Security Equipment in the new Premises nominated by you;

You shall pay the cost of removing, re-installing and re-commissioning the Smart Security Equipment in accordance with this Agreement;

This Agreement shall remain in force subject to you accepting any necessary amendments made to the Agreement (if any) to take into account the requirements of the new Premise; and

SECOM Smart shall not be liable to restore to the original condition any damage which results from the removal and relocation of the Smart Security Equipment.
If SECOM Smart receives a Signal relating to the Smart Security Services, SECOM Smart shall follow the Signal Treatment Procedure for the relevant Smart Security Services which relate to that Signal. SECOM Smart will endeavour to notify the Keyholders if SECOM Smart fails to contact the Keyholders, anyone at the Premises or if SECOM Smart fails to receive information indicating that assistance is not required at the Premises. If SECOM Smart fails to reach any of the Keyholders after two (2) attempts, SECOM Smart will contact the Emergency Services. Notwithstanding anything to the contrary, SECOM Smart will not guarantee that the Emergency Services will respond/ be present at the Premises under the Signal Treatment Procedure.

It shall not be SECOM Smart’s obligation to confirm whether an alarm event from the Smart Security Equipment at the Premises is a False Alarm.

Where a Keyholder instructs SECOM Smart to notify the Emergency Services that Keyholder must personally attend or must arrange for another Keyholder to attend the Premises to provide the Emergency Services with access to the Premise.

Where Emergency Services are required to attend the Premises under the Signal Treatment Procedure, these Emergency Services may impose a charge for which you shall be responsible for paying.
Subject to any statutory obligations of SECOM Smart which cannot be excluded, if the Smart Security Equipment becomes defective during the SSE Warranty Period, i.e. during the period of thirty six (36) months from the date of successful installation of the relevant Smart Security Equipment, SECOM Smart will perform the SSE Warranty, i.e. replace or repair the Smart Security Equipment during Normal Working Hours at no cost to your in respect of materials or parts.

SECOM Smart’s obligation in respect of the SSE Warranty excludes:

damage to the Smart Security Equipment caused by you, pests or animals;

damage to the Smart Security Equipment caused by a Person who is not authorized by SECOM Smart to carry out service or maintenance work;

damage to the Smart Security Equipment caused by power surges, faulty fuses, lightning, flood, fire or Force Majeure;

the replacement of Consumables;

emergency repairs or attendances at the Premises beyond Normal Working Hours;

loss or theft of the Smart Security Equipment or damage to the Smart Security Equipment other than where SECOM Smart is required by statute to repair or replace the Smart Security Equipment; and

SECOM Smart’s labour and transport costs which shall be charged to you based on the standard rates, which shall be paid by you to Maxis (as the authorized payment agent of SECOM Smart) in accordance with this Agreement.

Subject to any statutory obligations of SECOM Smart which cannot be excluded, if the installation work performed by SECOM Smart is, or becomes, defective during the period of ninety (90) days from the date of installation, SECOM Smart will rectify the defective work during Normal Working Hours.

Where you request attendance at the Premises to perform the SSE Warranty beyond the Normal Working Hours, additional Charges may be charged in accordance with Part A (Your Obligations and the Obligations of SECOM Smart), Clause 3 of these Smart Security Service Additional Terms.

SECOM Smart does not guarantee that repair facilities or parts will be available except during the SSE Warranty Period.

All replacement or repair outside the terms of the SSE Warranty will be considered as additional services which shall be charged to you based on SECOM Smart’s prevailing rates which shall be paid by you in accordance with the Agreement.
In no event shall SECOM Smart or its Related Corporations be liable to you for any loss of profits, loss of business, loss of life or injury, contract, savings, use, data, economic advantage or any other indirect, punitive, special, incidental or consequential damages in connection with or related to the SECOM Smart Customer Terms however arising, and in respect of any misrepresentation or tort in connection with or related to the SECOM Smart Customer Terms, whether or not SECOM Smart has been advised of the possibility of such loss.

SECOM Smart has no liability to you for any issues with Smart Security Services and the Smart Security Equipment or damage arising from your use of the Smart Security Equipment caused by your own equipment, or your own act, negligence or omission.

The Smart Security Services are provided on an “as is” and “as available” basis. You agree and accept you shall use the Smart Security Services or rely on any content obtained or transmitted through the Smart Security Services, at your own discretion and risk. No advice or information whether oral or written, obtained by you from SECOM Smart through the SECOM Smart Services will create any warranty expressly made in the SECOM Smart Customer Terms.

SECOM Smart may use one or more subcontractors, vendors or licensors to provide the Smart Security Services including installation, repair, monitoring, communications, signal transmission services (including cellular transmission, Internet and/or VOIP services) or other services. To the extent permitted by law, the limitation/exclusion of liability set forth in Part L (Liability and Limitation of Liability of SECOM Smart), Clause 1 of these Smart Security Service Additional Terms shall apply to the Smart Security Services that SECOM Smart’s subcontractors, vendors and licensors provide, and shall apply to them and protect such subcontractors, vendors and licensors in the same manner as it applies to and protects SECOM Smart.

You shall not hold SECOM Smart liable, or make any claim against SECOM Smart, for loss and/or damage, where such loss and/or damage arises from the failure by SECOM Smart to perform its obligations under the SECOM Smart Customer Terms, which failure is attributable, whether directly or indirectly, to any one or more agent(s), subcontractor(s), vendor(s) or licensor(s) who is used by SECOM Smart.

In providing the Smart Security Services, SECOM Smart excludes any liability related to it and is not responsible for any loss, damage, liability, or expenses arising from any claims whatsoever including but not limited to cyber terrorism, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising exclusively from the use of the Smart Security Service by you or any other third party.

The Smart Security Services may be subject to limitations, delays and other problems inherent in communication facilities and network, including the internet. Therefore, SECOM Smart shall not be responsible for any delays, delivery, failures or other damage or loss resulting from such problems.

Notwithstanding anything in the SECOM Smart Customer Terms and to the extent permitted by law, you agree that the maximum liability of SECOM Smart, and any of its subcontractor(s), vendor(s) or licensor(s) to you or any third party for any cause of action (whether in contract, tort or other causes of action) shall in no event exceed the aggregate amount of Charges paid by you to Maxis (as the authorized payment collection agent of SECOM Smart) for the Smart Security Services in accordance with this Agreement in the twelve (12) months immediately preceding the event that is the subject of your claim or that of a third party.
You (“Indemnifying Party”) hereby agree to indemnify, defend and hold SECOM Smart, its Related Corporations and their officers, representatives, directors, controlling persons, partners, agents and employees (collectively, the “Indemnified Party”) harmless from and against any and all suits, actions, proceedings, obligations, debts, fines, fees, penalties, demands, charges, judgements, awards, amounts paid in settlement, losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees, disbursements and other costs of defence in connection therewith) (each, a “Loss” and collectively, the “Losses”) incurred or suffered by the Indemnified Party which directly arise out of, result from or may be payable by virtue of any breach of this Agreement.

Any claim for indemnity pursuant to this Part M (Indemnity) of these Smart Security Service Additional Terms shall be made by the Indemnified Party by notifying the Indemnifying Party in writing of any Losses having been made or arisen or action, claim or proceeding having been filed or instituted against it. The Indemnified Party shall give such notice promptly within thirty (30) days after it becomes aware of the Loss.

Subject to being fully indemnified, the Indemnified Party shall at the sole cost and expense of the Indemnifying Party, on receiving a written request from the Indemnifying Party, take such reasonable steps to mitigate such Losses and/or to defend any such action, claim or proceeding in accordance with the reasonably instructions of the Indemnifying Party and the Indemnified Party shall not, without the prior written consent of the Indemnifying Party, consent to any judgment or enter into any settlement.
Waiver: Any waiver by SECOM Smart of any default or breach, or the non-acceptance by SECOM Smart of any repudiation of this Agreement will not affect SECOM Smart’s rights in respect of further or continuing default or breach or any subsequent repudiation by you.

Severability: If any provision (or part of it) contained this Agreement is rendered void, invalid or unenforceable in any jurisdiction, then such provision (or part of it) will be severed from this Contract without affecting the validity of the remaining provisions of the Agreement.

This Agreement will be binding on the successors, substitutes, permitted assigns, executors and administrators of the parties to this Agreement. Where you and another party(ies) are customers, the liability of each shall be joint and several.

Transfer and Assignment: You may not transfer, assign or novate any of your rights or obligations under this Agreement to any Person, unless with the prior written consent of SECOM Smart. SECOM Smart shall have the right to transfer, assign and/or novate its rights and obligations under this Agreement to any Person with notice to Maxis and you.

Governing Law: SECOM Smart and yourself agree to work together in good faith to attempt to quickly settle disputes or differences that may arise pursuant to this Agreement by consultation and negotiation prior to initiating any legal proceedings. This Agreement shall be governed by the laws of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia on any matter concerning this Agreement.

Rights of Third Party: A person or entity who is not a party to the Agreement has no rights under any applicable legislation, to enforce any term or condition in this Agreement regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of the Agreement.

Notices: Any notice or other communication under the Agreement shall be in writing sent or delivered to the address of the parties indicated in this Agreement or to such other address as the party may notify in writing to the other and will be deemed to be duly received by or served on the addressee if delivered:

in person, when delivered;

by facsimile transmission, on dispatch of the transmission;

by SMS to a telephone number specified by you; or

by electronic mail to an email address specified by Maxis, SECOM Smart or you.

Unless stated otherwise in this Agreement, these Smart Security Service Additional Terms shall continue to be binding and valid for all purpose whatsoever notwithstanding any change, amalgamation or reconstruction may be made in the constitution of SECOM Smart or your act.
Consent to use personal information

You represent and undertake that you have read and understood the SECOM Smart Privacy Policy made available by SECOM Smart (as may be amended/ updated by SECOM Smart from time to time). Without prejudice to the terms in such SECOM Smart Privacy Policy, you expressly consent:

to the processing and storing of personal data provided by you carried out by SECOM Smart and its shareholders, sub-contractors, vendors, licensors or Maxis for the purpose of providing the Smart Security Services; and

to obtain and disclose your credit information which may include your personal data to any third party for the purpose of assessing your credit worthiness, to discharge SECOM Smart’s obligations pursuant to the Agreement, for SECOM Smart to enforce its right under the Agreement or as may be required by law and etc.

You acknowledge that, as part of the provision of the Smart Security Services to you, you explicitly consent to the processing of any of your personal data and related data under SECOM Smart’s video monitoring services, which may include your still-photo images, and to the storing of your personal data and related data in SECOM Smart’s third party service provider’s data centres. Further, to the extent applicable, you shall procure the consents of any individuals present at the Premises, such as your employees or any other residents, to the same.
You acknowledge that all SECOM Smart Proprietary Information and all right, title and interest therein are the sole property of or licensed by SECOM Smart and you shall gain no right or title in the SECOM Smart Proprietary Information whatsoever. You specifically acknowledge SECOM Smart’s exclusive rights to ownership of any modification or adaption of the SECOM Smart Proprietary Information and other improvement or development based thereon, whether developed, supplied, installed or paid for by or on behalf of yourself or otherwise.

You must not, and must not permit any person reasonably within your control nor procure any person to, modify, copy, clone or reverse engineer the Smart Security Equipment and Smart Security Services, or copy, modify or decompile any of SECOM Smart’s documentation relating to the Smart Security Equipment and Smart Security Services.

You shall not disclose any information and/or material supplied to, or received by, you from SECOM Smart which is either marked “confidential” or by its nature, is intended to be exclusively for your knowledge without the previous consent in writing of SECOM Smart or to use any such confidential information to the detriment of SECOM Smart and this clause shall continue in effect for so long as you are in possession of the Smart Security Equipment.

You shall inform SECOM Smart immediately on becoming aware of any suspected or actual:

infringement by any third party of the SECOM Smart Proprietary Information; or

unauthorized or unlawful use of the Smart Security Equipment.
Definitions
The standard Smart Security Services comprise of any one or more of the following services:

“SECOM Smart Interactive Security Services” means the standard Smart Security Services as described below:

Vanguard or Vanguard+: The CCC will monitor Signals transmitted from the SECOM Smart Equipment at the Premises to the CCC and follow the Signal Treatment Procedure for Alarm Monitoring Services upon receipt of a Signal. The Signal received by the CCC may show which of the duress, intrusion, panic, medical or threat of fire alarms was triggered in which case the CCC shall also convey such information to the Keyholder contacted pursuant to the Signal Treatment Procedure. You will also have access to SECOM Smart Interactive Security App to control the Smart Security Equipment;

Champion or Champion+: The CCC will monitor Signals transmitted from the Smart Security Equipment at the Premises to the CCC and follow the Signal Treatment Procedure for Alarm Monitoring Services upon receipt of a Signal. The Signal received by the CCC may show which of the duress, intrusion, panic, medical or threat of fire alarms was triggered, in which case the CCC shall also convey such information to the Keyholder contacted pursuant to the Signal Treatment Procedure. The Smart Security Equipment for this service will include a CCTV but the CCC will not monitor the Signals transmitted from the said CCTV. You will also have access to the SECOM Smart Interactive Security App to control the Smart Security Equipment; and

Prime or Prime Pro: The Smart Security Equipment for this service will include a CCTV but the CCC will not monitor the Signals transmitted from the said CCTV. You will also have access to the SECOM Smart Interactive Security App to control the Smart Security Equipment;

“Alarm Monitoring Services” means the standard Smart Security Services as described below:

Alarm Monitoring Services (wireless): The CCC will monitor Signals transmitted from the Smart Security Equipment at the Premises to the CCC and follow the Signal Treatment Procedure for Alarm Monitoring Services upon receipt of a Signal. The Signal received by the CCC may show which of the duress, intrusion, panic, medical or threat of fire alarms was triggered, in which case the CCC shall also convey such information to the Keyholder contacted pursuant to the Signal Treatment Procedure.

“CCTV” means one of the standard Smart Security Services pursuant to which the Smart Security Equipment for this Smart Security Service will include a closed-circuit television but the CCC will not monitor the Signals transmitted from the said closed circuit television.

Where SECOM Smart Interactive Security Services are provided under this Agreement, this Part Q (SECOM Smart Interactive Security) of these Smart Security Service Additional Terms shall apply and:

SECOM Smart will use reasonable endeavours to provide the SECOM Smart Interactive Security Services to you;

SECOM Smart does not warrant that the SECOM Smart Interactive Security Services will be uninterrupted or free of errors or faults; and

The availability of SECOM Smart Interactive Security Services is subject to the suitability of the location or locations where the SECOM Smart Interactive Security Services are to be used and/or provided and the availability of wireless telemetry coverage and sufficient internet protocol connectivity. SECOM Smart may terminate the provision of SECOM Smart Interactive Security Services if it determines in its sole discretion that there is no sufficient wireless telemetry coverage or broadband connectivity at the Premises.

SECOM Smart will not be liable to you or any third party in connection with:

The suspension, interruption failure, delay or restriction or failure of transmission of the SECOM Smart Interactive Security Services caused by matters outside SECOM Smart’s reasonable control, including:

internet, satellite or radio interference due to atmospheric conditions, geographic factors, network congestion, maintenance outages and other operational or technical difficulties; or

the distance from that part of Smart Security Equipment comprised of the alarm panel and automation gateway to the other Smart Security Equipment;

any code errors, viruses (known or unknown) arising from the use of the SECOM Smart Interactive Security Services;

any incompatibility of the SECOM Smart Interactive Security Services with any other software, hardware or material on the device or any other property owned by you;

any damage to your device or any other property caused by the use of the SECOM Smart Interactive Security Services;

any misuse or failure of the SECOM Smart Interactive Security Services caused by you or any user using the SECOM Smart Interactive Security Services;

any loss you or any other person suffers as a result of:

any use, misuse or unauthorized use of the SECOM Smart Interactive Security Services or of your login details or account;

your internet service, telecommunications or other utility provider;

your use of your internet connection; or

your negligence or failure to follow SECOM Smart’s reasonable instructions or any other matter outside of SECOM Smart’s reasonable control.

You assume full responsibility for:

the placement, location, direction and presence of the Smart Security Equipment and any components (whether or not furnished by the SECOM Smart) such as, cameras, recording devices, peripheral devices or other devices, as advised by SECOM Smart;

the recording, transmission, transfer or other use of any images/ data captured by the SECOM Smart Interactive Security Services;

the manner of your use of the SECOM Smart Interactive Security Service or any image or data captured or generated by it;

operating, setting, arming disarming, viewing, configuring, modifying, reviewing and controlling the SECOM Smart Interactive Security Services and any associated systems e.g. thermostats, heating/ air-conditioning systems, lighting systems, doors, garage doors, fans, blinds, shutters, locks, appliances, etc. connected to the SECOM Smart Interactive Security Services;

complying with all applicable laws related to your use and operation of the SECOM Smart Interactive Security Services;

all of your employees, agents and personnel using the SECOM Smart Interactive Security Services (“Users”) access to and use of the SECOM Smart Interactive Security Services. You shall, and shall cause your Users to, fully comply with all laws governing the placement, presence, operation and use of the SECOM Smart Interactive Security Services and any data, photographs, images, live and archived video/ audio feeds/ recordings (collectively, “Recordings”) captured by or generated by the SECOM Smart Interactive Security Services. Access to the SECOM Smart Interactive Security App is available with a current SECOM Smart account for the provision of the SECOM Smart Interactive Security Services.

SECOM Smart Interactive Security App

To activate any web-based features or features of the SECOM Smart Interactive Security App, you must download the SECOM Smart Interactive Security App and/or log in to the web-based service and may be required to accept the terms of use of the SECOM Smart or its service providers. By downloading, accessing or using the SECOM Smart Interactive Security App or any web-based features, you agree to any terms and conditions which govern your use. All of your Users are subject to such terms and conditions.

Any terms and conditions of SECOM Smart Interactive Security App or SECOM Smart Interactive Security Services may be modified by SECOM Smart or its service providers from time to time. Changes to such terms and conditions will be effective when posted on your user portal on the SECOM Smart Interactive Security App and/or the web-based service and you are deemed to have agreed to such terms and conditions if you continue to use the SECOM Smart Interactive Security Services and/or SECOM Smart Interactive Security App after such modified terms and conditions have been posted.

A device is required to operate the SECOM Smart Interactive Security App. The device is to be provided by you at your own risk, cost and expense.

Access to the internet and an email or text message address are required for use of and access of certain features of the SECOM Smart Interactive Security Services.

Copyright, trademarks and all other intellectual property rights in all material, content or software supplied as part of the SECOM Smart Interactive Security Services (including the SECOM Smart Interactive Security App) will remain vested in SECOM Smart, or where applicable, SECOM Smart’s licensors. SECOM Smart grants you a limited and non-transferable licence to use such rights for your personal use of the SECOM Smart Interactive Security Service solely in accordance with the Agreement. SECOM Smart may terminate the licence to access and use the SECOM Smart Interactive Security App immediately upon SECOM Smart ceasing to provide you with SECOM Smart Interactive Security Services.

You will not, and will not facilitate or authorize any third party to copy, transfer, publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the SECOM Smart Interactive Security App.

In providing the Smart Security Services, SECOM Smart, its third party suppliers or affiliated companies or their agents, employees, or directors:

may transmit, record, store, provide and/or receive unencrypted data, recordings, video monitoring services, still photo images, e-mails and text messages (“Transmissions”) via the Internet and /or store such Transmissions in facilities located outside of Malaysia including the United States or any other country; and

SECOM Smart cannot and does not warrant, assure or guarantee the integrity, accuracy, confidentiality or security of any Transmission of or from unauthorized or unexpected use, disclosure, corruption, interception or other improper act (collectively, “Security Risks”). To the extent permissible at law, SECOM Smart excludes liability for any Security Risks. If SECOM Smart stores any Transmissions on your behalf, SECOM Smart cannot and does not warrant, assure or guarantee the length of time such Transmissions will be stored.

SECOM Smart reserves the right to suspend, cease, alter or upgrade any function relating to the SECOM Smart Interactive Security Services or SECOM Smart Interactive Security App at any time.

If the SECOM Smart Interactive Security Services are terminated, you acknowledge and agree that you will no longer be able to use, monitor or access SECOM Smart Interactive Security Services, or any recordings or information stored on the SECOM Smart Interactive Security App or any associated web-based service and any such recordings or information stored, in the normal course of SECOM Smart’s business, may be permanently removed from SECOM Smart’s systems and will no longer be available to you.

You acknowledge that the discontinuance of the SECOM Smart Interactive Security Services will affect the ability of any Smart Security Equipment to communicate with SECOM Smart’s CCC including the transmission of Signals to the CCC. If SECOM Smart is required to attend to your Premises to service or replace components of the Smart Security Equipment so that it can continue to communicate with SECOM Smart’s CCC, due to your discontinuing the SECOM Smart Interactive Security Services, this will be at your expense.

You are solely responsible for any internet, telecommunications or other connectivity charges (including SMS charges) incurred on the Smart Security Equipment installed on your Premises or your personal devices including any charges incurred as a result of using the SECOM Smart Interactive Security Services.
SECOM Smart may, in its sole discretion, make available Software Applications to use and access the Smart Security Services. Such service is only available to customers with a current and subsisting SECOM Smart account for the provision of the Smart Security Services.

To activate any web-based features or features of the Software Applications, you may be required to accept terms of use of SECOM Smart or its service providers. By downloading, accessing or using the Software Applications, you agree to any terms and conditions which govern your use.

Any terms and conditions of the Software Applications may be modified by SECOM Smart or its service providers from time to time. Changes to such terms and conditions will be effective when posted on your user portal on the Software Applications and/or the web-based service or when communicated to you via email and you are deemed to have agreed to such term and conditions if it continues to use the Software Applications after such modified terms and conditions have been posted. You acknowledge that:

access to the internet and an email or text message address are required for the use of and access of certain features of the Software Applications; and

copyright, trademarks and all other intellectual property rights in all material, content or software supplied as part of the Software Applications will remain vested in SECOM Smart, or where applicable, SECOM Smart’s licensors. SECOM Smart grants you a limited and non-transferable licence to use such rights for its personal use of the Software Applications solely in accordance with this Agreement. SECOM Smart may terminate the licence to access and use the Software Applications immediately upon SECOM Smart ceasing to provide you with the Smart Security Services.

You will not facilitate or authorize any third party to copy, transfer, publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the Software Applications.

In providing the Smart Security Services, SECOM Smart, its third party suppliers or affiliated companies or their agents, employees or directors:

may transmit, record, store, provide and/or receive unencrypted data, recordings, video monitoring services, still photo images, e-mails and text messages (“Software Application Transmissions”) via the Internet and/or store such Software Application Transmissions in facilities located outside of Malaysia including the United States or any other country; and

SECOM Smart cannot and does not warrant, assure, or guarantee the integrity, accuracy, confidentiality, or security of any Software Application Transmissions of or from unauthorized or unexpected use, disclosure, corruption, interception or other improper act (collectively, “Software Application Security Risks”). To the extent permissible at law, SECOM Smart excludes liability for any Software Application Security Risks. If SECOM Smart stores any Software Application Transmissions on your behalf, SECOM Smart cannot and does not warrant, assure or guarantee the length of time such Software Application Transmissions will be stored.

SECOM Smart shall not:

be held liable or jointly liable with the vendor in connection with the Software Application; and/or

be required to assume any duties regarding the Software Application or be required to find substitute Software Application in the event that such Software Application is discontinued, suspended, terminated or otherwise become unavailable due to any reasons.

SECOM Smart reserves the right to suspend, cease, alter or upgrade any function relating to the Software Application at any time.

If the Software Applications are terminated, you acknowledge and agree that it will no longer be able to be used to, monitor or access the Smart Security Services, and that any recordings or information stored on the Software Applications or any associated web based service and any such recordings or information stored, in the normal course of SECOM Smart’s business, may be permanently removed from SECOM Smart’s systems and will no longer be available to you.

You acknowledge that the discontinuance of the Software Applications may affect the ability of any Smart Security Equipment to communicate with SECOM Smart’s CCC including the transmission of Signals to the CCC. If SECOM Smart is required to attend to your Premises to service or replace components of the Smart Security Equipment so that it can continue to communicate with SECOM Smart’s CCC, due to you discontinuing the Software Applications, this will be at your expense.

You are solely responsible for any internet, telecommunications or other connectivity charges (including SMS charges) incurred on your personal device including any charges incurred as a result of using the Software Applications.

You acknowledge that the Software Applications may be interrupted and may not be error-free.

Appendix 2 - CHARGES AND RATE TABLE GUIDE FOR THE SMART SECURITY SERVICE

Smart Security Service (Packages & Cloud Storage)	Charges (SST not included)
Secom Smart Security-Prime	RM 99/month
Secom Smart Security-Prime Pro	RM 169/month
Secom Smart Security-Vanguard	RM 119/month
Secom Smart Security-Vanguard Plus	RM 149/month
Secom Smart Security-Champion	RM 199/month
Secom Smart Security-Champion Plus	RM 229/month
Add-On Cloud Storage 5000 clips	RM 15/month

Pre-bundled Add-On Devices for Smart Security Service	Charges for 36 months (SST not applicable)
Secom Smart Add-On Bundle - 4 Vibration Sensor, Transmitter and 1 Outdoor Siren	RM 30/month
Secom Smart Add-On Bundle - 3 Shock Sensor and 1 Door Sensor	RM 25/month
Secom Smart Add-On Bundle - 2 Glass Break Sensors	RM 20/month
Secom Smart Add-On Bundle - 2 Door Sensors	RM 10/month
Secom Smart Add-On Bundle - One-sided Boundary Guard and Transmitter	RM 15/month
Secom Smart Add-On Bundle - Double-sided Boundary Guard and Transmitter	RM 30/month
Secom Smart Add-On Bundle - Outdoor Motion Sensor and Transmitter	RM 30/month
Secom Smart Add-On Bundle – 1 CCTV and 1 SD card	RM 35/month
Secom Smart Add-On Bundle – 2 CCTV and 2 SD cards	RM 70/month
Secom Smart Add-On Bundle – 3 CCTV and 3 SD cards	RM 105/month
Secom Smart Add-On Bundle – 4 CCTV and 4 SD cards	RM 140/month

Add-On Devices for Smart Security Service	Charges-One time (SST not applicable)
Secom Smart Add-On - Door Sensor	RM 155
Secom Smart Add-On - Motion Sensor	RM 220
Secom Smart Add-On - Keyfob	RM 130
Secom Smart Add-On - Smoke Detector	RM 270
Secom Smart Add-On - Wireless Keypad	RM 310
Secom Smart Add-On - Outdoor Siren	RM 350
Secom Smart Add-On - Glass Break Sensor	RM 330
Secom Smart Add-On - Shock Sensor	RM 200
Secom Smart Add-On - Vibration Sensor & Transmitter	RM 170
Secom Smart Add-On - One-Sided Boundary Guard and Transmitter	RM 490
Secom Smart Add-On Double-Sided Boundary Guard and Transmitter	RM 1,010
Secom Smart Add-On Outdoor Motion Sensor and Transmitter	RM 1,010
Secom Smart Add-On - Repeater	RM 380
Secom Smart Add-On - Panel	RM 1,400
Secom Smart Add-On SD Card (256GB)	RM 245

Labour Charges for Smart Security Service	Charges (SST not applicable)
Secom Smart Service Field Visit Charge	RM 130
Secom Smart Service Night Trip Charge	RM 440
Secom Smart Service Outstation Trip Surcharge	RM 110
Secom Smart Service Dismantle and Relocation	RM 330
Secom Smart Service Install Additional Sensor	RM 30 per sensor
Secom Smart Service Dismantle Add Sensor	RM 30 per sensor
Secom Smart Quarterly Preventive Maintenance	RM 220
Secom Smart Service Commissioning per point	RM 20 per sensor
Secom Smart Late Appointment Rescheduling/ Cancellation (per request)	RM 120
Secom Smart Service Resumption (per request)	RM 120
Secom Smart Service 13A Switch Socket Outlet	RM 110

Terms & Conditions

Service Specific Terms & Conditions (“SSTC”) – SECOM Smart Security Service as add-on to Maxis Fibre / Maxis Home 4G WiFi

General

Definitions

Eligibility

Charges

Commitment Period of Services and Termination

Home Internet Service

Smart Security Service

APPENDIX 1 - SMART SECURITY SERVICE ADDITIONAL TERMS

YOUR OBLIGATIONS AND THE OBLIGATIONS OF SECOM

YOUR ACKNOWLEDGEMENTS

SMART SECURITY EQUIPMENT AND SMART SECURITY SERVICES

TERMINATION OF SMART SECURITY SERVICE

CONSEQUENCES OF TERMINATION (YOUR DEFAULT)

SUSPENSION OF THE SMART SECURITY SERVICES BY YOU

SUSPENSION OF THE SMART SECURITY SERVICES DUE TO YOUR DEFAULT

PREMISES VACATED BY YOU

RELOCATION OF PREMISES

SIGNAL TREATMENT PROCEDURE

SSE WARRANTY

LIABILITY AND LIMITATION OF LIABILITY OF SECOM SMART

INDEMNITY

GENERAL

PERSONAL DATA PROTECTION ACT

PROPRIETARY INFORMATION

SECOM SMART INTERACTIVE SECURITY

OTHER APPLICATIONS

Appendix 2 - CHARGES AND RATE TABLE GUIDE FOR THE SMART SECURITY SERVICE