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YES Terragraph Plan Terms and Conditions

Last updated: 1st December 2021

  1. Yes TG Plan. The Yes TG Plan is a fixed internet service that offers, on a best effort basis, high speed broadband connectivity for internet access for consumers, but not for the purposes of resale or any other commercialisation of the Yes TG Plan (“Service”). The Service is offered by YTL Communications Sdn Bhd (“YTLC”) to persons who are 18 years of age and above at the time of signing up for an account or to any businesses within the vicinity of the Yes TG Plan coverage. All applications for the Yes TG Plan must be accompanied by the relevant identification documents or the proof of registration of business, or status as a non‐profit organisation in Malaysia.
  2. Terms and Conditions. This Yes TG Plan Terms and Conditions herein shall apply in addition to and not in substitution of the Fixed Wireless Internet Service Terms and Conditions, Acceptable Use Policy, the Fair Usage Policy, Terms of Use of Website and Yes Mobile Apps Terms and Conditions, and any other applicable terms and conditions at the Yes website at www.yes.my/tnc/general-tnc. In the event of any inconsistency between the Fixed Wireless Internet Service Terms and Conditions and the Yes TG Plan Terms and Conditions herein and any other applicable terms and conditions, the Yes TG Plan Terms and Conditions herein shall prevail to the extent of any inconsistency relating to this specific service plan. Any other terms intended to be the overarching general terms shall prevail.
  3. Definitions.
    • “Account” means the account that We will create for the Yes TG Plan subscribed by You under the Service Registration Form. Your Account will be used for account management and bill payment.
    • “Advance Plan Payment” means an amount equal to one (1) month’s Commitment Fee to be paid by You upon registration of Your Yes TG Service.
    • “Billing Cycle” means the monthly cycle between billings as generated from Our billing system.
    • “Commitment Fee” means the monthly fixed sum to be paid by You for the Yes TG Plan as set out in the relevant Service Plan selected by You.
    • “Deposit Payment” means the sum paid as deposit for the Yes TG Plan upon registration as stated in the Service Registration Form.
    • “Device Price” means the sum of RM300 or as stated in the Service Registration Form (exclusive of SST) to be paid by You for the Yes Device provided under the Yes TG Plan selected by You, or the retail price at the market rate, whichever is higher.
    • “Installation Address” has the meaning given to it in clause 5(e) below.
    • “Installation Fee” means the fee to be paid by You upon registration for the installation of the Yes TG Plan as set out in the relevant Service Plan selected by You.
    • “SST” has the meaning given to it in Clause 8 below.
    • “Us”, “We” or “Our” means YTL Communications Sdn. Bhd.
    • “Yes Device” means any device provided by Us in connection with Your Yes TG Plan to enable You to access the Yes TG Plan.
    • “You” or “Your” means the named subscriber in the Service Registration Form as the account holder.
  4. Availability of Yes TG Plan. For clarity, the network coverage under this Yes TG Plan is not the same as the Yes network. You acknowledge and accept that the Yes TG Plan is available within such locations and/or areas covered by the Yes TG network coverage. We will endeavour to provide the Yes TG Plan at the Installation Address as indicated by You in the Service Registration Form. If the Yes TG Plan is not currently available at such Installation Address, We will notify You. We do not warrant or guarantee that the Yes TG Plan can or will be made available at the Installation Address. We shall not be held liable or responsible in the event that We are unable to provide the Yes TG Plan to You at the proposed Installation Address. Any request by You for relocation of the Yes TG Plan from the original Installation Address will be subject to the terms and Conditions in Clause 5(f) below.
  5. Yes TG Plan
      1. Service Activation
        The Yes TG Plan shall commence on the date when Your Yes TG Plan is activated by Us.
      2. Deposit and Other Payments
        The following payments shall be payable by You to Us upon registration of Your Yes TG Plan (where applicable):

        1. one-time non-refundable Installation Fee;
        2. one time Deposit Payment and Device Price;
        3. Advance Plan Payment; and
        4. foreigner’s deposit.

        3. Where applicable for refundable deposits, such deposits shall be held to Your credit and repaid to You free of interest within forty-five (45) days from the date of termination of Your Account, less any amount(s) due to Us from You, unless the termination is due to Your default, in which event, the entire deposit shall be forfeited. We reserve the right, and You hereby authorise Us, to deduct from the deposits any amount due and payable to Us at any time. We further reserve the right to request You to make further deposit payment to maintain the required deposit amount.

      The monthly Commitment Fee will be billed to You monthly in advance, and shall be paid in full on or before the relevant due date to avoid any suspension or termination to Your Yes TG Plan pursuant to the Fixed Wireless Internet Service Terms and Conditions.

    1. Minimum Contract Period
      The Yes TG Plan shall remain in full force and effect for the duration of the Minimum Contract Period as stated in the Service Registration Form. Thereafter, the Yes TG Plan shall automatically be renewed on a month-to-month basis, unless terminated by either party hereto in accordance with the terms of Your Yes TG Plan. If You terminate Your Yes TG Plan before the expiry of an applicable Minimum Contract Period, You shall in addition to the payment of all outstanding amounts due to Us, also be liable to pay Us a sum equivalent to the aggregate Commitment Fees for the unexpired Minimum Contract Period. You shall also forthwith return the Yes Device to Us in a good condition (fair wear and tear excepted) and/or pay the agreed liquidated damage equivalent to the Device Price of the Yes Device.
    2. Devices
      The Yes Device (Customer Premise Equipment) provided to You under the Yes TG Plan shall be used at the Installation Address only, and is subject to the terms in the Limited Warranty for Products and Devices at https://www.yes.my/tnc/general-tnc. Any other devices installed at Your Premises other than the Yes Device at no material time becomes Your property by reason of it being at Your premises at the Installation Address and shall always be Our property.
      We do not provide telephone or any other device for voice services. These will need to be purchased by You separately where available. Any terms on SIM Card will not be applicable here unless a SIM Card is otherwise provided.
    3. Installation Address
      You are required to provide a “Billing Address” and an “Installation Address” in the Service Registration Form. “Installation Address” is the address where the Yes Device will be installed and placed for use to access the Yes TG Plan and You shall only use or access the Yes TG Plan via the Yes Device at Your Installation Address. You shall not install, use or access the Yes TG Plan via the Yes Device in any other (residential or commercial) address or location and you are solely responsible to ensure that that no one uses the Yes Device to access the Yes TG Plan assigned to Your Installation Address without Your authorisation. In the event that We suspect or detect that the Yes Device is being used and/or transferred to another address or location to access the Yes TG Plan, We reserve the right to suspend, bar or terminate your use of the Yes TG Plan, and take any other action(s) that We may deem fit.
    4. Relocation
      Subject to Clause 4 above, payment of all outstanding amounts due to Us (including any relevant interest charges for late payment) and Our prior written approval, You may relocate/transfer Your Yes TG Plan to a new installation address subject to the availability of Yes TG Plan network coverage at the new address. You may be charged a relocation/ transfer fee as prescribed by Us from time to time for each relocation/transfer to a new installation address. Where there is no written approval for relocation, any migration or relocation of Installation Address will not be permissible.
    5. Unlimited Data Usage
      The Yes TG Plan provides unlimited Internet data usage, but the speed of the Yes TG Plan will be pursuant to your Yes TG Plan. The network speed may be reduced (throttled down) if you have exceeded the Fair Usage Policy before Your next Billing Cycle.
    6. Yes User ID
      You will be provided a unique Yes User ID to access Your Account for the purposes of managing and paying charges incurred under Your Account.
    7. No Service Conversion / Migration
      No conversion or migration from a Yes TG Plan to any other available Yes plans and vice versa will be permitted unless otherwise expressly agreed by YTLC.
  6. Right of Entry and Equipment. You agree to provide Us entry to Your premises at the Installation Address for purposes of installation, maintenance, repair or replacement of any of Our equipment at Your premises. We will not be liable for any damages which are not caused by Us during such maintenance, repair or replacement works. Without prejudice to other terms on Your obligations upon any termination, You also agree to afford Us up to a period of one (1) month to re-design our network, and enter Your premises at the Installation Address to dismantle or move Our equipment after any termination of Your Yes TG Plan. You agree that You will not attempt to switch off, dismantle or in any manner temper with Our equipment at Your Installation Address. You will pay Us compensation for any damage to Our equipment (whether by act, omission or negligence) at the Installation Address equivalent to the retail price of the said damaged equipment.
  7. Termination before Service Activation. You acknowledge and agree that once You have committed to the Yes TG Plan, any subsequent termination prior to Service Activation would cause losses to Us whereby we may be required to redesign our network design or we would have incurred costs in preparation or installation for the provision of the Yes TG Plan to You. You agree to compensate Us for losses and damages that we incur as a result of Your termination before Service Activation.
  8. Sales and Services Tax. If at any time We are required under applicable law to impose any goods and services tax or any similar value added tax (collectively, referred to as “SST”) on the sale of goods or to the provision of services to You, then, for the avoidance of doubt, any amount payable by You in connection therewith shall be deemed to be net of such tax and You shall be liable to pay to Us the SST in addition to such amounts payable.
  9. Amendments and Variation to the Yes TG Plan. We reserve the right to change, amend and alter any part of these Yes TG Plan Terms and Conditions, and any other applicable terms and conditions without prior notice. The latest versions shall be made available on the Yes website at www.yes.my/tnc. Where required or appropriate, customers who have subscribed to the Yes TG Plan will be notified in accordance with the Fixed Wireless Internet Service Terms and Conditions. Continued use of the Yes TG Plan by You will be deemed as acceptance by You of the changed or revised Terms and Conditions.
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