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MiX Integrate Acceptable Use Policy

1. Introduction

1.1. The Information and Communications Technology sector in general and interactions via APIs and other integration mechanisms in particular are subject to constant and rapid change both in the technology used and the associated behaviours and threats associated with their use.

1.2. This Acceptable Use Policy (“AUP”) sets out the parameters within which each Customer must make use of MiX Integrate Services, and in so doing so the Customer agrees to be bound by this AUP.

2. Definitions

2.1. Unless stated to the contrary words and phrases used in this document have the same meanings ascribed to them in the Terms and Conditions for the MiX Integrate Services and/or the Main Agreement.

2.2. The following words and phrases have these meanings in this document:

2.2.1.“Customer” means any person using the MiX Integrate Services.

2.2.2. “Customer System” means all information technology resources operated together as a system by the Customer to receive the Services provided via MiX Integrate Services, including without limitation software, hardware (including servers and networking equipment), communications links, and all data stored thereon.

2.2.3. “Main Agreement” means the MiX Telematics Direct Service Agreement that the Customer signed with either MiX Telematics or a MiX Affiliate, or the agreement the Customer signed with MiX Telematics’ value added reseller or dealer, as the case may be.

2.2.4. “Malicious Code” means anything that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to:

• permit access to or the use of a computer system by an unauthorised third party, or

• disable, damage, erase, disrupt or impair the normal operation of a computer system.

2.2.5. “MiX Integrate Services” means the Services described as such in the Terms and Conditions for the MiX Integrate Services.

2.2.6. “MiX Telematics” means the company identified as such in the Terms and Conditions for the MiX Integrate Services.

2.2.7. “Services” means the services provided to the Customer by MiX Telematics in terms of the Terms and Conditions for MiX Integrate and the Main Agreement.

3. Status

3.1. The Acceptable Use Policy forms part of the Terms and Conditions for the MiX Integrate Services.

3.2. Where this document imposes a duty on the Customer, it also imposes a duty upon the Customer to ensure that any person who accesses the MiX Integrate Services for or on behalf of the Customer also abides by the terms of this document. This includes without limitation employees, officers and agents of the Customer, independent contractors engaged by the Customer, and any other person who accesses the MiX Integrate Services as a result of the Customer’s relationship with MiX Telematics.

3.3. The Customer will be responsible for all acts and/or omissions of any person who accesses the MiX Integrate Services using access credentials allocated to the Customer.

3.4. If you are using the MiX Integrate Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to this AUP and by accepting this AUP, you are doing so on behalf of that entity (and all references to the “Customer" in this AUP refer to that entity).

4. General Principles

4.1. The Customer must comply with the terms of this AUP, and must ensure that its employees, officers, agents or any other person that accesses the MiX Integrate Services for or on behalf of the Customer also does so.

4.2. The Customer must act fairly, in good faith and with due consideration to MiX Telematics and other users of the MiX Integrate Services when making use of the MiX Integrate Services.

5. Integration

5.1. MiX Telematics may set requirements for the Customer to meet in order for the Customer to integrate the Customer System with the MiX Integrate Services. These requirements will be set out in the MiX Integrate Documentation, which MiX Telematics may amend from time to time, and may include (without limitation):

5.1.1. ongoing compliance with certain technical specifications;

5.1.2. integration testing of the Customer System’s integration with MiX Integrate Services (both on initial integration with the MiX Integrate Services and at subsequent intervals as MiX Telematics may determine);

5.1.3. notification of MiX Telematics by the Customer of any changes to the Customer System, and any other events as MiX Telematics may determine. MiX Telematics may refuse to allow the Customer System to connect with the MiX Integrate Services, or immediately suspend such connection, should the Customer fail to comply with these requirements on an ongoing basis.

5.2. Should the Customer make any change to any of its systems that interact with the MiX Integrate Services, MiX Telematics may require the Customer to repeat the integration testing described above.

6. Use and Abuse of the System

6.1. The Customer may access the MiX Integrate APIs subject to the below fair usage limitation bands, and must not exceed these for any reason. The band applicable to the Customer will be determined by the Parties in a Schedule to the Main Agreement.

*Fair use data throughput between MiX Telematics system and Customer System per calendar month

6.2. The Customer must not use the MiX Integrate Services in such a way as to cause inconvenience or harm to MiX Telematics or other users of the MiX Integrate Services. Such use includes, without limitation, the submission of bulk transactions that make excessive demands on the MiX Integrate Services system resources and the repeated submission of requests for data in a manner or at a rate that is inconsistent with the type of data being requested.

6.3. Any increased demand placed upon the MiX Integrate Services resources due to a system error in the Customer System, including any error causing increased server calls and data throughput, will be deemed to be a breach of this AUP.

6.4. Should the Customer breach any of the provisions of this clause 6, MiX Telematics may take the actions set out in clause 10.

7. Security

7.1. Only the authorised employees, officers and agents of the Customer may access the MiX Integrate Services.

7.2. The Customer must take reasonable security precautions in its interactions with the MiX Integrate Services.

7.3. Passwords should consist of at least 8 mixed alpha and numeric characters with case variations. The Customer must not permit a common word to be used as a password. The Customer must protect the confidentiality of the Customer password, not share it at all with any other person, and the Customer should change the Customer password regularly.

7.4. The Customer shall comply with all applicable legislation in respect of data retrieved using the MiX Integrate Services.

7.5. The Customer must:

7.5.1.  ensure there is a master account, the login details of which must correspond with the Customer’s account with the Central Supplier Database;

7.5.2. create one account per end user of the MiX Integrate Services;

7.5.3. only create user accounts in the MiX Integrate Services for persons who are authorised to access the data provided via MiX Integrate;

7.5.4. disable user accounts immediately upon the termination of a user’s employment with the Customer or if that user is no longer authorised to access the data provided via the MiX Integrate Services and;

7.5.5. regularly review accounts created to ensure that they are valid.

8. Acceptable Use

The Customer may not use the MiX Integrate Services to engage in illegal, abusive, or irresponsible behaviour, including:

8.1. Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network;

8.2. Monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;

8.3. Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and / or excessive, similar emails (mail bombing), flooding, deliberate attempts to overload a system and broadcast attacks;

8.4. Use of an Internet account or computer without the owner’s authorisation, including, but not limited to, internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

8.5. Identity theft, including, but not limited to, Internet scanning (tricking other people into releasing their passwords), phishing, pharming, password robbery, security hole scanning, and port scanning;

8.6. Collection of personal information about third parties without their consent;

8.7. The intentional dissemination of any Malicious Code or introduction of Malicious Code into the system used by the MiX Integrate Services;

8.8. defamation, abuse, harassment, stalking, threatening or violating the legal rights (such as rights of privacy) of others;

8.9. The publication, posting, distribution or dissemination of any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information;

8.10. Uploading or otherwise transferring files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless the rights thereto are owned or controlled by the Customer or the Customer has the required authority to do so, and have received all necessary consent to the intellectual property;

8.11. Forging of any TCP (Transmission Control Protocol) Internet Protocol packet header or any part of the header information in an email or a newsgroup posting; or

8.12. Any activity or conduct that is likely to result in retaliation against MiX Integrate or MiX Telematics.

9. Cooperation with investigations and legal proceedings

MiX Telematics may, without notice to the Customer:

9.1. report to the appropriate authorities any conduct by the Customer that MiX Telematics believes violates applicable criminal law, and

9.2. provide any information MiX Telematics has about the Customer and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

10. Consequences of Violation of AUP

10.1. MiX Telematics may, without notice to the Customer, suspend the Customer’s access to the MiX Integrate Services if MiX Telematics (whether on the request of MiX Telematics or not) reasonably believes the Customer is using the MiX Integrate Services in breach of this AUP. The Customer must cooperate with MiX Telematics’ reasonable investigation of any suspected breach of the AUP.

10.2. Should the Customer’s violation of the AUP be sufficiently serious, or if the Customer consistently breaches the AUP, then MiX Telematics may at its sole instance treat such breach as a material breach of the Main Agreement and act accordingly.

10.3. In the event that the Customer breaches the provisions of the AUP, MiX Telematics may further, in its sole discretion:

10.3.1. suspend the Customer’s access to the MiX Integrate Service for a period that it considers reasonably necessary in the circumstances; and/or

10.3.2. charge the Customer for the Service at the rate commensurate with its actual usage of the MiX Integrate Service, should the Customer’s breach of the AUP cause it to exceed any agreed billing threshold; and/or

10.3.3. should no alternative billing tranche apply, MiX Telematics may recover from the Customer any reasonable expenses incurred by MiX Telematics as a result of such breach of the AUP, including, without limitation, third party supplier fees, costs attendant on investigating the violation, material costs, and internal administrative costs.

11. Disclaimer

11.1. Nothing in this document will be interpreted as placing a duty upon us to monitor or enforce the Customer’s activities and MiX Telematics disclaims any liability as a result of a failure to do so, and consequent misuse of MiX Integrate is disclaimed.

12. Amendment of the AUP

12.1. Given the rapid changes inherent in the Information and Communications Technology sector, MiX Telematics reserves the right to amend this document at any time without notice, but will make the current version of this document available on MiX Integrate. Please refer to the last revision date at the top of this document. Continued use of MiX Integrate subsequent to any amendments having been affected constitutes your acceptance of this AUP as amended.

MiX Integrate Terms and Conditions

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