Dated 30th August 2024
- Introduction.
The Yes 5G Wireless Broadband Gateway Postpaid Exclusive Service Plan (“Programme”) is a service plan offered by YTL Communications Sdn Bhd (Company No. 200701035605 (793634-V)) (“YTLC”) operating under the brand name “Yes”. By subscribing and/or using the Programme, each Yes Subscriber agrees and acknowledges that he/she understands these Programme T&Cs (as defined below) and agree to abide by them. - Eligibility.
The Programme is open for subscription to all individuals who fulfil the following conditions:-
(i) Malaysians or non-Malaysians residing in Malaysia, who are 18 years and above; and
(ii) Customers with a Yes Postpaid plan (with an active account status), and must maintain both plans throughout the contract period, collectively (“Eligible Subscribers”). - Applicable Terms and Conditions.
Subject only to the variations as expressly set out herein (“Programme T&Cs”), all other terms and conditions in the Postpaid Service Terms and Conditions, Postpaid Service Plans Terms and Conditions, Yes 4G Broadband Plans Terms & Conditions, and the Yes Wireless Fibre Service Plan Terms and Conditions available at www.yes.my/tnc shall remain valid and applicable to this Programme (collectively, “General Applicable T&Cs”). In the event of any inconsistency between the terms and conditions of any of the General Applicable T&Cs and these Programme T&Cs, these Programme T&Cs shall prevail to the extent of any such inconsistency unless stated otherwise herein. Words in capital not defined herein shall have the same meaning ascribed to them in the General Applicable T&Cs. - Programme Period.
The Programme is available for subscription from 30th August 2024 onwards until further notice (“Term”). - The Programme.
5.1. The following will be provided to the Yes Subscriber who has subscribed to the Programme:
(a) a Yes 5G Infinite Gateway router (“Device”); and
(b) a 5G-enabled SIM Card consisting of one (1) SIM Card to be used in the Device (“SIM Card”). The 5G enabled SIM Card for the Device cannot be used in smartphones.
5.2 The service offerings of the Programme are as stated below:Plan Name Yes 5G Wireless Broadband Gateway Postpaid Exclusive Device Price Free Monthly Commitment Fee RM75.00 (+RM4.50 SST) Contract Period 24 months Data Data:
Unlimited 5G
150GB 4G
Speed:
Uncapped 5G (Full Speed)
Uncapped 4G (Up to 150GB)Plan Advance Payment RM75.00 (RM79.50 including SST)
(to be credited to the Subscriber’s initial bill)Upfront Payment (Device) – Activation Fee – Total Payment Upon Registration RM75.00 (RM79.50 inclusive SST) Foreigner Deposit RM200
5.3 Download or upload speeds may apply to the Programme. Notwithstanding the aforesaid, the actual download or upload speed may have certain limitations and/or may vary depending on various factors including the Device or Subscriber Equipment used by You, the network coverage limitation and the number of simultaneous Yes Subscribers and/or users at the time of access. This would mean that You may not always enjoy continuous maximum speed each time You browse the internet.
5.4 You may subscribe to one Programme provided always that You do not have, in aggregate, more than fifteen (15) Postpaid Service Plans registered with Yes.
5.5 Upon subscription to the Programme via online purchase, You are required to perform a one-time activation of the SIM Card within seven (7) days from the date you receive the SIM Card under the Programme, failing which the SIM Card will automatically activate.
5.6 You may enjoy the service offerings with an uncapped 5G or 4G (up to 150GB) internet speed (Internet speed will vary depending on whether You are in 5G or 4G coverage).
5.7 Please take note that certain areas may not be under 5G network coverage. In such instance, You will continue to enjoy uninterrupted 4G connectivity on Yes network.
5.8 If You are found to have breached any of the term in these Programme T&Cs, We have the right to throttle the speed of Your Service, suspend, or terminate Your account.
5.9 The data services enjoyed by You as offered under Your subscription of the Programme is exclusive for Your use in Malaysia only. You are not entitled to use the Data Capacity Allocation if You are outside Malaysia.
5.10 In the event that You have exhausted the 4G data allocated to You under Your subscription of the Programme before the end of a particular Billing Cycle, Your data speed will be reduced for the remaining period of the said Billing Cycle at a throttled speed of 256 kbps on a best effort basis. You may purchase Yes Data Add-ons to continue enjoy full speed 4G data. For clarity, any mention on speed shall mean the optimum speed which means the actual speed enjoyed by You may vary depending on various other factors including but not limited to technical and environmental factors.
5.11 The suspension of the Programme will apply simultaneously to supplementary line users subscribed under the Programme. Notwithstanding the suspension of such Programme, the commitment to pay the Commitment Fee shall continue during the period of such suspension. - Charges.
The applicable charges on the current Programme available for subscription are published on our official website at yes.myand are exclusive of SST. Any such applicable SST will be added to the charges and be reflected in Your Bill. - Plan Advance Payment & Activation Fees.
7.1 A Plan Advance Payment, Activation Fees and/or Upfront Payment (as defined below) may apply (please refer to our official website @yes.my). In such event, the Plan Advance Payment, Activation Fees and/or Upfront Payment shall be payable prior to the subscription of the Programme.
7.2 If You are a non-Malaysian, a deposit sum of RM 200 will be collected by Yes (“Foreigner Deposit”) for each of the Programme(s) subscribed by You, and will be refunded to You, free of interest, sixty (60) days after the termination of the Service, subject to any deduction of any outstanding sum which may be due to Yes. - 7 Days Return Policy.
8.1 You may submit a request to terminate Your account under Our 7 Days Return Policy if:
(i) You have no or slow Service connection at Your registered premise; and
(ii) Your data usage consumption at Your registered premise is less than 10GB (4G + 5G); and
(iii) Your request for termination is made within seven (7) days from the date of Your SIM activation.8.2 Your request for termination pursuant to Clause 7.1 above may be made in the following manner:
(i) If You made Your subscription online or in person at any Yes Kiosk, you can proceed to any Yes Store;
(ii) If You made Your subscription in person at a particular Yes Store, You must return to the Yes Store that where you made Your subscription at.8.3 Upon Our verification of Clauses 7.1(i) and (ii) above, we will terminate Your account and refund all payments You had made under the Programme within sixty (60) days from the date of return of the complete Device (including the Yes 5G Wireless Gateway router, power cord and Quick Yes user Guide) in its original condition to Our Yes Store.
8.4 If Your request for termination is not submitted on or before the seventh day from the SIM activation date or if Your request has been rejected by Yes, the service offerings under the Programme shall continue and You will be obliged to make all necessary payments thereunder. - Subscription Channels.
Subject to Clause 2 above, You may subscribe to Programme through yes.my, MyYes app, Yes Authorised Dealers and Yes Stores. - Additional/Removal of Postpaid Service Plan.
We reserve the right to add and/or remove any service offerings under the Programme without notice and liability to You and any other party. - Warranty.
The Device provided to You as part of the Programme is subject to Yes limited warranty at www.yes.my/tnc. - Exclusion of liability on use of Device.
Yes shall not be liable to any Eligible Subscriber and/or Yes Subscriber or any person(s) claiming through them for any loss, damages or injury arising from the use or inability to use the Device from any cause whatsoever. - Refund.
There shall be no refund under the Programme for any reasons whatsoever, unless stated otherwise in these Programme T&Cs. - Termination.
Subject to the termination conditions stipulated in the General Applicable T&Cs, a Yes Subscriber can terminate the Yes 5G Wireless Broadband Gateway Postpaid Exclusive Service Plan subscribed by issuing to Yes a notice in Yes prescribed format and supported by all required relevant documents for verification. - Early Termination Charges (ETC).
If a Yes Subscriber terminates his/her Service account or ports out to another service provider at any time before the expiry of the Contract Period or if the Service account is terminated by Yes as a result of such Eligible Subscriber’s breach of these Programme T&Cs and/or the General Applicable T&Cs, such Eligible Subscriber shall be subjected to Early Termination Charges. Please refer to the Postpaid Service Terms and Conditions for further details on the Early Termination Charges. - Upgrade/Downgrade.
Yes Subscribers are not allowed to upgrade or downgrade their Programme during the Contract Period. - Limitation of Liability.
Yes shall not be liable for any loss or damage (including without limitation loss of use, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with this Programme T&Cs. - Laws.
This Programme shall be governed by the laws of Malaysia under the jurisdiction of the Malaysian courts. - Modifications.
Yes reserves the right to, at any time, add to, delete, vary or amend the terms and conditions herein or change or modify any aspect of the Programme, in whole or in part at any time and from time to time and at its sole discretion without notice and without liability to You or any other party. Without prejudice to the aforesaid, Yes reserves the right to cancel, terminate or suspend the Programme at any time before or during the Programme Period with notice but without any liability or compensation whatsoever. - Definitions.
Save for the defined terms as listed hereinbelow under this Clause 20, all capitalized terms and expressions in these Programme T&Cs, shall have the same meanings ascribed to them in the Postpaid Service Terms and Conditions:
“Activation Fee” means a one-time fee which is non-refundable imposed on the Yes Subscriber upon subscription of the Programme.
“Foreigner Deposit” shall have the same meaning ascribed to in Clause 7.2 herein.
“Plan Advance Payment” means the relevant Commitment Fee collected in advance at the time of registration of the Programme.
“Upfront payment” means the relevant Fee collected in advance at the time of registration of the Programme.
“SST” means any sales and services tax or any similar value added tax on the sale of goods or the provision of services in accordance to the Sales Tax Act 2018 and/or the Service Tax Act 2018.
