These terms and conditions shall apply to the Yes Fibre Service provided by YTL Communications Sdn Bhd under any Service Plan which is made available by Us.
- Provision of the Service.
(a) Approval. The provision of the Service shall be at Our sole discretion and is provided to You subject to the terms and conditions herein together with any other terms relevant to the Service Plan as selected by You in the Registration Form (details of Service Plans are available at www.yes.my). You must be 18 years of age or above to subscribe to the Service.
(b) Acceptable Use Policy. You agree to use the Service in accordance with Our Acceptable Use Policy (available at www.yes.my/acceptable-use-policy-yes-fibre.
(c) Privacy Policy and Data Protection. You expressly agree to and accept the terms of the YTL Group Privacy Policy (available at www.ytl.com/privacypolicy.asp.
d) Data Security. We have no obligation to ensure, and make no representation or warranty concerning the security of Your data transmitted through the use of the Service.
(e) Scope of Service. The Service enables Internet access at the Premises where the Service is provided and unless expressly provided in Your Service Plan the Service does not include voice calls or other services.
(f) Additional Terms and Conditions. If the Service is provided to You as part of a promotion or part of a bundled plan, then the relevant promotion and/or bundle terms and conditions shall apply to You in addition to the terms and conditions herein.
(g) Disclaimer. The Service is provided on an “as is” and “as available” basis. Service speeds, if stated, are optimum speeds which reflect the capability of Our networks in an ideal situation only. The actual speed attainable for data service may vary depending on many factors including but is not limited to technical and environmental factors. We shall not be liable for and make no express or implied representations or warranties of any kind in relation to the Service including but not limited to:
i. availability, accessibility, timeliness and uninterrupted use of the Service; and
ii. sequence, accuracy, completeness, timeliness or the security of any data or information transmitted using the Service or provided to You as part of the Service.(h) IP Address. Unless otherwise expressly stated in Your Service Plan, provision of Internet access under the Service shall be based on private IP address. Nothing herein obligates Us to provide a specific public IP address (static or dynamic) under the Service. Any provision of public IP address shall be considered on a case to case basis upon application by customers and if it is approved by Us will be subject to additional charges.
(i) Relocation. You may apply to relocate the Service from the Premises at which the Service is currently being provided to Premises at another location provided that the location of the Premises to which the Service is intended to be relocated is within Our service coverage. Approval of such relocation of Service will be subject to charges as may be incurred by Us.
- Service Plan.
(a) Service Commencement. The Service shall commence on the date upon which Your Service is being activated by Us.
(b) Deposit. If required, a deposit may be collected upon registration of the Service and shall be held to Your credit and refund to You free of interest within sixty (60) days after termination subject to deduction of any amount due to Us from You. We reserve the right, and You hereby authorize Us, to deduct from the deposit any amount due and payable to Us at any time and We may request You to make further deposit payment to maintain the required deposit amount.
(c) Contract Period. Unless otherwise terminated by You in writing, the Service will continue automatically upon expiry of the Contract Period on a month to month basis. Early Termination Charges as stipulated in clause 9(b) herein shall be imposed against You if You terminate the Service or the Service is terminated by Us due to Your default before the expiry of the Contract Period, if any.
(d) Unlimited Data Usage. The Service provides unlimited access to and data usage in the Internet subject to the speed as stipulated in your Service Plan. Notwithstanding anything herein, we reserve the right to implement a data quota (if any) under Your Service Plan with prior notice at any time under this Agreement. We will use our reasonable endeavours to make the Service available 24 hours a day, however we shall not be liable if the Service is not available at any time or for any period for any reason whatsoever.
(e) Restricted activities. The Service provided under Your Service Plan may restrict You from certain download activities including but not limited to use of peer-to-peer (P2P) activities (computing and networking) and file sharing programs. - Fair Usage Policy.
In ensuring that Our network is not adversely affected through excessive or heavy usage and/or abuse by a small number of users at the expense of the many, We have adopted a Fair Usage Policy (available at www.yes.my/fair-usage-policy-yes-fibre. You agree to be subject to the said Fair Usage Policy and any other prohibited activities governed under Your Service Plan and any action taken in pursuance of the same. - Charges.
(a) By using or registering for the Service, You agree, where applicable, to be liable for the following:
i. one time activation fee upon registration;
ii. one time Device deposit/payment and/or advance payment/s upon registration;
iii. Deposit upon registration;
iv. Commitment Fee to be paid monthly in advance;
v. any relevant taxes and duties payable on the Service including without limitation the goods and services tax;
vi. stamp duty payable for this Agreement; and
vii. any other charges as may be determined by Us from time to time and notified to You.(b) You will be charged according to the type of Service Plan subscribed by You and We will bill You monthly in accordance with the Billing Cycle relevant to Your account.
(c) Additionally, if Your Service Plan is bundled with a Device, You will be subject to further charges and/or payments in accordance with the relevant Service Plan.
(d) We shall be entitled to revise the amount of deposit, Fees or any other charges for the Service or part thereof at any time by notice to You.
(e) You will be notified by email of Your Bill. It shall be incumbent upon You to periodically check Your email and Our portal for Your latest Bill, which will be hyperlinked to enable You to view and/or print Your Bill. However, issuance of a Bill is not a prerequisite to You making payments to Us. It is Your responsibility to inform Us and update Us of any change to Your email address. - Payments.
(a) Unless otherwise stated in Your Service Plan, bills are to be settled in full by thirtieth (30th) day from the date of each Bill (“due date”), failing which We will be entitled to charge You a late payment penalty of RM10.00 or interest for any outstanding amounts at the rate of one point five percent (1.5%) per month calculated on daily rest from the due date until full payment, whichever being the larger sum. Additionally, We may bar or suspend the Service until full payment is made.(b) You are responsible for verifying the accuracy of Your Bill and to notify Us of any discrepancy no later than 10 days from the date of the Bill, failing which You will be deemed to have accepted the Bill as correct and final. To avoid Service termination, You shall be obliged to make prompt payment of Your Bill notwithstanding any dispute(s) or purported discrepancies. Any overpaid sums shall, upon confirmation, be duly credited into Your account free of interest or any charges.
(c) Further information or past itemization details about any Bill may be provided at Your request subject to imposition of administration fees which will be made known to You beforehand and the availability of the required information or past itemization details in Our archive. If You do not agree to pay Us the said sum, Our obligation to provide You with the requested information or past itemization will be deemed to be discharged.
(d) You may choose any of the following payment options for making payment on Your Bill:
i. Credit Card;
ii. Direct debit;
iii. Cash payment (at Yes Stores/Kiosks or any authorized payment outlets as may be approved by Us);
iv. Cheque; or
v. Online transfer.(e) Payment may be made at Yes Stores/Kiosks, Our portal at www.yes.my, participating bank portals or such other mode of payment as may be made available by Us from time to time. The participating banks for payments of our Bills are stipulated in our portal at www.yes.my and will be updated from time to time.
(f) Auto Billing facility is also available to You for automated payments of Your monthly Bills, which may be activated at www.yes.my or selected by You at the point of Service registration. You are obliged to ensure sufficiency of funds in Your debit/credit account and that the Auto Billing activity can be completed. We shall not be liable to You if the Auto Billing is declined or cannot be completed for whatever reason. You acknowledge and understand that Auto Billing is only applicable for settlement of periodic Bills. All and any payments outside of the periodic Billing Cycle must be promptly settled by You in any one of the other methods mentioned above. The use of the Auto Billing facility is subject to the Auto Billing terms and conditions available at www.yes.my/tnc.
- Your Responsibilities.
You must, throughout the duration of the Agreement:(a) promptly pay all amounts due to Us as billed to You for all charges relating to the Service;
(b) continue to be liable for any applicable charges and Fees during any period of interruption, suspension or loss of Service or part thereof from any cause whatsoever;
(c) comply with all notices or directions relating to Your use of the Service which we may issue from time to time;
(d) be fully responsible for any data transmitted or broadcasted by You or any person using Your Service account;
(e) report to Us immediately upon discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to Your Service account and lodge a police report whenever required by Us with regard thereto and provide Us a certified copy of such report; and
(f) indemnify and keep Us indemnified from and against any losses, damages, claims, liabilities or expenses arising from Your use of the Service. - Service Barring, Suspension and Restoration.
(a) Service Barring and Suspension. We may bar or suspend Your account for such duration as We deem fit if:
i. Your debt to Us has been outstanding for more than thirty (30) days (barring applies);
ii. You breach the terms of this Agreement and such breach is not remedied within thirty (30) days from the time that You are requested by Us to do so (suspension may apply);
iii. We are instructed by any federal or statutory agency or regulatory body;
iv. You misuse the Service or use the Service in contravention of the applicable laws and regulations, especially sections 211, 231, 232, 233 of the Communications and Multimedia Act 1998 or We have reason to believe that the Service is used for purposes which may breach any laws or regulations;
v. You contravene Our Acceptable Use Policy, Fair Use Policy or the Restricted Activities under Your Service Plan; or
vi. You use the Service or the Device in a manner not permitted under this Agreement, or determined inappropriate by Us.During the barring or suspension period You will not be able to access the Internet, make or receive voice call.
(b) Service Restoration. Restoring the Service to Your barred or suspended account requires You to have first remedied to our satisfaction the ground entitling Us to bar or suspend, including the settling of any outstanding amounts due to Us and any relevant interest charges for late payment. Where an account has been suspended, payment of a prescribed fee may be required for re-connection.
- Termination.
(a) You shall not terminate Your account with Us during the Contract Period. After the Contract period, You may terminate the Service by giving Us at least 14 days prior written notice in Our prescribed form or format and supported by all required relevant documents for verification or in any other manner as may be notified to You.
(b) We may terminate Your account if:
(1) You:-
i. do not adhere to Our Acceptable Use Policy, Fair Usage Policy or the Restricted Activities under Your Service Plan;
ii. fail and/or neglect to pay Us amounts owed;
iii. are adjudicated bankrupt;
iv. are in breach of any of the terms of this Agreement;
v. use the Service in breach of the Communications and Multimedia Act 1998 and its statutory instruments or in contravention of any written law and regulations or We have reason to believe that the Service is used for purposes which may breach any laws or regulations;
vi. use the Service or Our Device in a manner not permitted under this Agreement, or determined inappropriate by Us;
vii. are subject to blacklisting by any other service provider with whom We have bilateral and/or contractual obligations;(2) we are instructed or directed by any federal or statutory agency or regulatory body to do so;
(3) it is in the public interest;
(4) due to the existence of a declared public emergency; or
(5) it is no longer commercially viable for Us to provide the Service.(c) A notice of termination will be electronically transmitted to such mobile number or email address furnished by You in the Service Registration Form or as updated by You from time to time.
(d) The effective date of the termination will be as specified in the notice to You or from You to Us subject to the required termination notice mentioned above (as the case may be).
(e) Upon termination, Your Service account will be closed on the date specified in the termination notice and You will no longer be able to use the Service. - Effect of termination.
(a) Upon the termination of Your account/Agreement by either party, You will be liable to Us for:
i, the prorated Commitment Fee up to effective date of termination for the Billing Cycle in which the termination occurred;
ii. any other applicable charges and other services incurred up to and including the effective date of termination; and
iii. any outstanding amount(s).(b) Before the expiry of an applicable Contract Period, if You terminate the Agreement OR if the Agreement is terminated due to Your breach or default, You shall in addition to the foregoing sub-clause (a) (i), (ii) and (iii) be liable to pay Us the sum equivalent to the aggregate Commitment Fees for the unexpired Contract Period (hereinafter referred to as “Early Termination Charges”).
(c) All of the above amounts stipulated in the foregoing sub-clauses (a) and (b) are deemed to be a debt due to Us and are to be paid by You immediately upon receipt of Our Bill which will be billed to you in the Billing Cycle immediately following the termination of Your account/Agreement. We have the right to set off this debt against any money due to You from Us.
(d) All prior payments by You, including but not limited to any deposit and/or advance payments relating to any Device bundled with Your Service Plan, are wholly non-refundable where termination is due to Your default.
(e) Your account will be closed on the effective date of termination and You will no longer be able to use the Service.
(f) Upon termination of Your account, any telephone number provided under the Service will revert to Us and any Device provided on loan to You or provided under the Service for Your use shall be returned to Us together with all accessories in good and working condition. If You fail to return Us the Device upon termination, You shall be liable to pay Us for the Device price at the prevailing rate, which shall be deducted from Your deposit, if any, or billed to You.
(g) Any deposit or balance thereof after Our deduction which is not claimed by You after six (6) months from the effective date of the termination of the Service shall be forfeited by Us absolutely. - Rights of Redress.
If You are dissatisfied with Our Service You may either refer the matter to Us via email at yescare@yes.my. - Data Protection.
You consent to our processing of Your personal data for the purposes connected to Your subscription of the Service. You confirm that You have read and agree to the terms in the YTL Group Privacy Policy available at www.ytl.com/privacypolicy.asp. We will not keep your personal data longer than is necessary for the purpose for which we collect and process it, except when it is required in law. - Limitations on Liability.
(a) We shall not be liable for any loss or damage whether direct, indirect, consequential, special, incidental, punitive, aggravated or exemplary, including, without limitation, loss of profit, lost savings and loss of revenues suffered by You or any third party or any injury caused to or suffered by a person or damage to property arising from or occasioned by:
i. Your use or inability to use the Service;
ii. any malfunction or unauthorised use of the Service for whatever reasons; or
iii. any act, omission, error, default or delay by Us, our officers, employees or agents in relation to the Service, (collectively, the “excluded damages”), whether or not in tort, contract, or other theory of liability, even if We have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose or a limited remedy.(b) Without limiting the generality of sub-clause (a) above, We shall not be liable for any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Service and any claims arising out of Your act or omission in relation to the Service or any part thereof.
(c) If for any reason a court or arbitrator holds or finds Us liable to You or any third party authorised by or claiming through You, our liability to You for breach of this Agreement or a breach of any statutory duty or implied guarantee, if any, is limited to Ringgit Five Hundred (RM500) only. - Variation of the Terms.
(a) We reserve the right at Our absolute discretion, from time to time, to vary, add to or amend the terms of this Agreement or any part thereof.
(b) You will be notified of such amendments in Your bill statement and Your continued use of the Service after notice has been given to You shall constitute Your acceptance of the amendments upon which the variation, addition or amendment shall be effective and binding on the parties.
(c) Any External T&C may be varied by Us from time to time without notice to You. - Novation & Assignment.
(a) We may assign and/or novate this Agreement to any third party which We deem appropriate, which shall be effective upon an email or other means of notice to You, electronic or otherwise.
(b) This Agreement is personal to You and cannot be assigned without Our prior approval in writing. - Intellectual Property Rights.
(a) License. Subject to the terms of this Agreement, We hereby grant You a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable, free of charge license to download and use the Service on Your computer/Device for Your personal use only together with any other applications that may be explicitly provided by Us.
(b) No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Service or any part thereof.
(c) No Modifications. You will not undertake, cause, permit or authorise any modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service or any part thereof except to the extent permitted by law.
(d) Third Parties. The Service may be incorporated into, and may incorporate unto itself, software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated in the Service falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Service will be subject to You explicitly accepting a license agreement with that third party.
(e) Exclusive Ownership. Any content provided by the Service is protected under applicable copyright law. All copying, modification, distribution, publication or other use by You, or by a third party via Your account, of any such content is prohibited, unless expressly permitted by the holder of the applicable IPRs. Any and all IPRs in the Service, YTLC’s online material, the YTLC logo and YTLC promotional materials are and shall remain Our exclusive property and/or Our licensors. Nothing in this Agreement intends to transfer or vest any such IPRs in or to You. You are only entitled to the limited use of the IPRs granted to You in this Agreement. You will not take any action to jeopardise, limit or interfere with Our IPRs. Any unauthorised use of Our IPRs is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
(f) Indemnification. You shall indemnify and keep Us indemnified from and against any losses, damages, claims, liabilities or expenses arising from any claims for libel, invasion of privacy, infringement of IPRs including without limitation licenses, copyrights, trademarks and patents breach of confidentiality and privilege or breach of any law or regulation arising from the material transmitted, received or stored via the Service or part thereof and from all other claims arising out of Your act or omission or any unauthorized use or exploitation of the Service or part thereof. - Device
a) You shall maintain and operate suitable and fully compatible terminal equipment and/or communication devices to access the Service.
(b) Any Device provided by Us to You under Your Service Plan or purchased separately by You from Us will be warranted in accordance with the terms and conditions set out in Our Limited Warranty For Products and Services available at www.yes.my/tnc. Please read our warranty terms and conditions make available to You at the web address or request for a copy of the warranty terms and conditions from Our sale personnel or reseller. SAVE AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING SUCH SUBSCRIBER EQUIPMENT. - Miscellaneous.
(a) Incorporation by Reference. All External T&C referred to herein are deemed incorporated into and form part of this Agreement. This Agreement contains the final and entire Agreement between the parties and supersedes all previous and contemporaneous oral or written agreements and representations made.
(b) Governing Law. This Agreement is governed by the laws of Malaysia.
(c) Severability. If any provision in this Agreement shall for any reason be held to be unenforceable, illegal or invalid in any respect, such unenforceability, illegality or invalidity shall not affect other provisions of this Agreement and this Agreement shall then be construed as if such unenforceable, illegal or invalid provision had never been contained herein.
(d) Links to Third Party Sites. Any links provided by Us to Internet sites operated by third parties, are for Your convenience only. We do not control such third-party Internet sites, are not responsible for their content nor give any form of endorsement.
(e) Conclusive Evidence. A certificate signed by Our authorised personnel shall, save for manifest error, be conclusive evidence of the matters stated therein including the amount You owe Us.
(f) Deemed Acceptance. You are deemed to have accepted the terms herein by:
i. signing the Registration Form;
ii. registering the Service with Us or Our authorised agent;
iii. marking the check box that indicates Your agreement to these terms and conditions; or
iv. using the Service.(g) Notice. We may give notice to You by posting at Our website or email to You or SMS to Your mobile number or fax or posting to Your address as stipulated in the Registration Form or any address as may be notified in writing by You to Us from time to time. Any notice or request from You to Us must be made in writing and posted to Our registered office or such other address as We may revise from time to time. Such notices shall be deemed to be received if:
v. by post, by the third day from the date of posting;
vi. by fax, upon receipt of faxed transmission as evidenced by the transmission report; or
vii. by electronic mail, upon receipt. - Definitions & Interpretations.
Unless the context otherwise requires, these capitalized words shall have the meaning as follows:
i. “Agreement” means the subscription agreement for the Service made pursuant to the Registration Form submitted by You and accepted by Us upon the Terms and Conditions herein.
ii. “Auto Billing” means the automated payments made from Your selected bank or credit card provider towards Your monthly Bills via an electronic payment system when You select Auto Billing as Your mode of payment.
iii. “Bill” means Your statement of account issued by Us containing Your total Fees, credits and any other charges.
iv. “Billing Cycle” means the monthly cycle between billings as generated from Our billing system.
v. “Commitment Fee” means the monthly fixed sum to be paid by You in connection with Your Service Plan.
vi. “Contract Period” means a fixed term duration as set out in Your Service Plan.
vii. “Device” means any wireless router provided by YTLC in accordance with the Service Plan to be used as customer premises equipment (CPE) for access to the Service and/or any device which We may in our absolute discretion provide under the Service.
viii. “External T&C” means those current and future documents referred to in Clauses 1(b) and(c), 3, and 11 herein.
ix. “Early Termination Charges” shall have the meaning assigned to it in Clause 9 (b).
x. “Fees” means all relevant monthly charges including but not limited to the Commitment Fee and applicable voice charges to be paid by You for the Service.
xi. “IPRs” means intellectual property rights.
xii. “MCMC” means the Malaysian Communications and Multimedia Commission, the regulator for communications and multimedia service providers.
xiii. “Premises” means the premises at the address as stated in Your Registration Form or any other address as may be subsequently transferred to in accordance with the terms of the Agreement at which the Service is to be provided to You.
xiv. “Registration Form” means a service registration form, whether in electronic mode or any other mode which is used to submit and process registration request for the Service to be provided to a customer.
xv. “Service” means the Yes Fibre Service for Internet access provided by Us to You at the designated Premises.
xvi. “Service Plan” means the service plan selected by You in the Registration Form that is offered as a package upon certain specific terms in relation to the provision of Service.
xvii. “Us”, “We” or “Our” means YTL Communications Sdn Bhd.
xviii. “Yes” means Our proprietary trademark and trade name.
xix. “Yes Stores/Kiosks” means Our retail outlets whose addresses are listed at www.yes.my.
xx. “You” or “Your” means the named subscriber in the Registration Form.
xxi. “Your Service Plan” means the Service Plan which You have selected during registration or any other Service Plan to which You have subsequently converted to in accordance with the terms herein for the provision of the Service by Us.
