3. SERVICE DESCRIPTION
- The Smart Living Service is a service consisting of an integrated ecosystem of hardware, software and value added services for consumer customers offering a converged solution for managing Smart Living devices at the Customer’s premise.
- The Service is offered in and includes a number of variations (“Service Packages”) defined in the Service Application Form, including: different Smarhome Services; (ii) option to select from a number of Add-ons; and (iii) Value-Added Services. The Customer can select the applicable preference in the Service Application Form.
- The Service requires that a Customer subscribes to at least one Smarthome service and to have an existing eLife Internet connection.
- The Service will be installed for the Customer by Etisalat subject to the applicable installation guidelines set out in Clause 11.
- Etisalat will deliver to the Customer one (1) or more Smart Living Devices depending on the number of Smart Living Devices ordered by the Customer. The Customer may request additional Smart Living Devices, which shall be charged according to the add-on charges communicated to the Customer upon request, approved by the Customer and billed additionally.
- Smart Living Service scope
- The Smart Living Service is an integrated hardware, software, and cloud operated solution consists of: ; (i) a cloud-operated Internet of Things “IoT” architecture, including a mobile-based dashboard (the “Dashboard”) that enables the Customer to manage the Smart Living devices; and (ii) a range of Smart Living connected devices. To make use of the Smart Living Service, the Customer shall be required to agree and consent on the applicable terms and conditions made available by third party supplier..
- The Customer understands and acknowledges that the customer Wi-Fi connectivity performance may vary from site to site and might be affected by concrete structures, wall partitions, steel doors, metallic surfaces, temperature, humidity, environmental factors and other equipment in the Customer’s premise. Etisalat may recommend the Customer to install additional wireless extenders to ensure the stability of the Smart Living services.
- Customer shall own the admin login credentials to the Smart Living devices individual login (the “Credentials”). Customer acknowledges that Etisalat will consider any holder of the admin log in credentials as an authorized representative of the Customer who is duly authorized to require configuration changes. Etisalat shall not be required to carry out any further verifications where there has been a successful log in using the Customer’s admin log in credentials.
- If Customer requires support in re-configuration, the Customer shall contact Etisalat to request such changes. Customer shall log in with their credentials and Etisalat Technician will assist in making the configuration changes either remotely over the phone by guiding customer through the process step-by-step, or through scheduling a paid site visit as detailed in Clause 11/h.
- If the Customer is no longer in possession of the login credentials for any reason, Etisalat cannot make any configuration changes and support. In that case, a factory rest to the Smart Living device will be required, otherwise the customer needs to contact the Third Party Supplier support available in the Dashboard to reset the credentials.
4. COMMENCEMENT & DURATION
- The Agreement is valid and binding on and from the date on which it is submitted to and accepted by Etisalat (the “Effective Date”).
- The term of the Agreement (the “Term”) starts on the date on which Etisalat completes the delivery/ installation of the Smart Living Service and makes it available to the Customer (“Activation Date”) and ends on the last day that customer has subscribed to on a Fixed Term Plan.
- A minimum term (“Minimum Term”) of Three (3) years applies to the Agreement if a Customer is subscribed to the Service for a Fixed Term Plan.
5. CUSTOMER OBLIGATIONS & RESTRICTIONS
Please see Clause 8 of the General T&Cs (Consumer) for the provisions governing the Customer obligations and restrictions that apply to the Service.
6. ETISALAT’S OBLIGATIONS
Etisalat will provide the Service to the Customer based on these Service Specific Terms together with the other constituent parts of the Agreement, and in accordance with the law.
Etisalat makes no guarantee on Wi-Fi coverage as external factors outside its control can influence Wi-Fi reach. For extra coverage solutions consult Etisalat customer services by using any of the communications channels stated in Clause 30 of the General T&Cs (Consumer).
7. CHARGES, BILLING & PAYMENT
- The monthly rental Charges will be calculated on a full monthly rental charge basis from the Activation Date until the end of the contract period.
- If the Service is terminated before the completion of any month, the bill covering the final billing period will be calculated on a full monthly rental charge basis from the beginning of the month until the date of the Termination of the Service.
- The applicable monthly rental Charges shall be billed monthly in advance.
- All other Charges that apply to the Service are set out on Etisalat’s website (www.etisalat.ae) and are available upon request by using any of the communications channels referred to in Clause 30 of the General T&Cs (Consumer).
- Please see Clause 15 of the General T&Cs (Consumer) for the other charges, billing and payment provisions that apply to the Service.
8. CUSTOMER CREDIT, ADVANCE PAYMENTS & DEPOSITS
Please see Clause 16 of the General T&Cs (Consumer) for the other customer credit, advance payment and deposit provisions that apply to the Service.
9. SUSPENSION, DISCONNECTION OR TERMINATION BY ETISALAT
- Please see Clause 19 of the General T&Cs (Consumer) for the provisions governing the suspension, disconnection and termination of the Service or the Agreement by Etisalat.
10. TERMINATION BY THE CUSTOMER
- If the Customer wants to terminate the Service, he/she must give Etisalat prior written notice.
- The Customer acknowledges that, upon receipt of the Customer’s termination notice, it may take up to 30 days to terminate the Customer’s account.
- An early termination Charges are applicable if the respective Service is terminated prior to the expiry of the Fixed Term Plan and shall be equal to the monthly rental amount of the Smart Living Service selected in the Service Application Form multiplied by number of months remaining in the Fixed Term Plan.
- If the Customer elects to terminate the Service before the end of any applicable Minimum Term, a termination charge may be payable. Details of the applicable termination charges are set out at Clause 7 of these Service Specific Terms and are also available through the digital communications channels stated in Clause 30 of the General T&Cs (Consumer).
Smart Living Device Services
- Installation, activation and ongoing support shall be provided by Etisalat or any of its appointed affiliates.
- Etisalat will coordinate with Customer to obtain all relevant information needed to carry out standard installation and configuration of the Smart Living Devices.
- Customer shall ensure site readiness to ensure no delay occurs for installation of the Service. Customer site readiness shall include but not be limited to the power supply and Wi-Fi connection.
- Delivery and installation of Smart Living Devices will be carried out within three (3) to five (5) business days from the date of customer’s request. Etisalat delivery dates are an estimate based on current lead times. Etisalat will use commercially reasonable efforts to deliver the Smart Living Devices as agreed between the Parties and specified in the Agreement.
- If Customer delays result in delay in delivery of the Service for more than thirty (30) calendar days from the agreed delivery date, Etisalat will cancel the Service Application Form and the Customer will be liable for early termination charges.
- Installation and subsequent relocation/ shifting of the Services shall only be carried out during normal business hours (Sunday to Thursday: 8:00 AM – 2:00 PM / 3:00 PM – 6:00 PM) and shall not be carried out during holidays and public holidays.
- As part of the Service, Etisalat will carry out the following standard installation and configuration (“Standard Installation”):
- Install the Smart Living Device in scope, including wireless configuration or through cabling from the main internet router. Cabling installation will require a special POE switch to be be connected to the Smart Living Device . Additional charges for POE switch and cabling or passive work may be applied to the Customer at a cost which shall be agreed between the Customer and Etisalat technician, depending on the scope of the work required to be carried out;
- Install the selected Smart Living devices in the best way the technician sees fit following best practices used in the industry and depending on Customer premise layout to ensure the stability of the Service.
- Configuration of the Smart Living Dashboard or Third Party management mobile application, which can be customized; and
- Setting up of user accounts through which end users identified by the Customer can access the Dashboard.
- Brief training to the customer on how to use and manage the Smart Living Devices through the Dashboard.
- Any additional onsite visits for re-configuration or any other purpose after the initial installation shall be subject to additional charges reaches up to AED250.
12. Limitation of Liability
- Etisalat shall not be liable for the performance of the Service in any of the following cases; 1) due to occurrence of intrusion attack/virus on Customer’s Wi-Fi; 2) degraded performance caused by setup tampering by the Customer or by configuration changes beyond the Standard Installation; 3) any damage, faults or defects caused due to a change in the way the Customer uses the Service or any part of it; 4) any Force Majeure Event as defined in Clause 22 of the General T&C’s (Consumer).
- Custom Installation, configuration changes or addition of more devices to Customer’s network may result in performance degradation. The Customer agrees that Etisalat shall not be held liable or responsible for such performance degradation, fault, or error. Furthermore, Etisalat shall have no liability for any cost, damage or loss or expenses or costs resulting from Customer’s such claims.
- Etisalat shall not be liable for any security incident or breach in the Customer’s network. Etisalat shall not be responsible or liable for any material, data or information contained in any third-party content that violate(s) any applicable law or regulation.
- Etisalat disclaims all liability whatsoever to the customer, for any loss or unavailability of data howsoever caused including without limitation, any non-delivery, misuse/ mis-delivery or for any interruption/ suspension of the Service or for its contents/ accuracy/ quality of information made available/ received/ transmitted.
- Any misuse or abuse of the Service and any breach or violation of the terms of the Agreement shall be at the sole risk of the Customer. The Customer shall indemnify and hold Etisalat harmless from and against any and all claims, liability, losses, damages, costs and expenses incurred by Etisalat resulting directly or indirectly from Customer’s breach of the terms of the Agreement. However, nothing herein shall be taken or understood as either: (i) prohibiting Etisalat or restricting its right to initiate such criminal or civil proceedings as it may deem appropriate against the Customer (ii) restricting Etisalat’s right to terminate the Agreement.
- The Customer will be solely liable for any loss as a result of negligence on the part of the Customer.
- Etisalat shall not be liable for any damage caused by errors or omissions in any information, instructions or scripts provided to Etisalat by the Customer or a third party in connection with the Service, or any actions taken by Etisalat at Customer's instructions.
- Etisalat will not be liable to the Customer for damages or otherwise for the loss or damage occasioned by the total or partial interruption or disconnection of the Service.
- In no event Etisalat shall be liable to the Customer or any third party for any indirect, incidental, punitive or consequential loss whether arising in contract, tort or otherwise.
- This clause (Limitation of Liability) shall survive the premature cancellation, termination and/or expiration of the Agreement.
- Etisalat will not provide any support for the Third Party Products unless otherwise noted in special third party terms. Etisalat disclaims all express and implied warranties (including warranties of merchantability, fitness for a particular purpose, and non-infringement) for any Third Party Products.
- Etisalat reserves the right to suspend or terminate Third Party Products at any time, but will use commercially reasonable efforts to provide reasonable notice of that suspension or termination.
- For avoidance of doubt and notwithstanding anything in this Agreement to the contrary, Customer acknowledges and agrees that Etisalat does not operate or control in any way whatsoever:
- Changes introduced by Original Equipment Manufacturers (OEMs), Independent Software Vendors (ISVs) or any regulatory bodies.
- The Customer understands that as part of its customer support, Etisalat may require remote access to the Smart Living device, any Etisalat Equipment and the Customer-owned equipment. The Customer agrees to provide such remote access as may be required from time to time.
- Etisalat will inform the Customer of any of End-Of-Life support or End-Of-Sale for Smart Living devices that are no longer manufactured by the Third Party Supplier. All affected models on End-Of-Sale will be supported until the end of the Term. Customers will be notified of the event of End-Of-Life support.
- Where the Smart Living device has reached End-Of-Life support during the Term, Etisalat will replace the existing Smart Living Device at no additional cost.
- Without prejudice to Clause 21 liability & indemnity of the General T&Cs (Consumer), Etisalat shall in no circumstance be liable to the Customer (or to any third party) for any direct or indirect loss or damage which may arise in relation to the Smart Living device except as provided in Clause 12 Etisalat sold equipment of the General T&Cs (Consumer) and the warranty terms and conditions.
- In the event that a Smart Living device requires replacement during the term of this Agreement and still under the warranty period, Etisalat will replace the defective device within three (3) to five (5) business days without any additional charges, provided that the device has not been altered or modified, in any way whatsoever, or suffered any abuse, misuse or mistreatment by the Customer and that any defects of the device are not attributed to the Customer or any third party.
- In the case of onsite hardware failures and upon the Customer’s request, Etisalat may carry out an on-site inspection.
- The Smart Living devices is neither returnable nor exchangeable except within the limits of the terms and conditions of the warranty policy.
- Any unauthorized modifications and/or alterations to the Smart Living device’s software may constitute a violation of the Smart Living device software license agreement, and the inability to use the device due to such unauthorized software modifications is not covered under the warranty provided in Clause 12 Etisalat sold equipment of the General T&Cs (Consumer) or the Smart Living device warranty terms and conditions.
- Use of the any of the Smart Living devices constitutes acceptance of the terms and conditions and other third party terms and conditions that are currently available at the websites of the relevant device manufacturers and/or are available within the device packaging and/or have been notified through other communication channels used by Etisalat.
14. CONTACTING ETISALAT
The Customer may contact Etisalat to discuss the Service (including these Service Specific Terms and the General T&Cs (Consumer), or any other product or service offered by Etisalat, by using any of the digital communications channels stated in Clause 30 of the General T&Cs (Consumer).
15. VALUE ADDED TAX
Please see Clause (32) of the General T&Cs (Consumer) for the provisions governing VAT Value Added Tax that apply to the