Last updated: 26th Jan 2018
By completing and executing the Service Registration Form , whether digitally or in writing or through any other mode as may be prescribed, You (as the customer) are deemed to have accepted these terms and conditions and agree that it shall form a binding agreement (“Agreement”) between Yourself and YTL COMMNICATIONS SDN BHD (Co. No: 793634-V) for the Service and accompanying Service Plan which You have selected in the Service Registration Form.
- Provision of the Service
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 Service 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 will at all times use the Service in accordance with Our Acceptable Use Policy (available at www.yes.my/tnc) and You will ensure that any person You allow to use the Service complies with Our Acceptable Use Policy.
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 and SMS. If voice calls and SMS services are provided in Your selected Service Plan, You will be subject to further terms and conditions with respect to the said voice calls and SMS services in the relevant Service Plan.
f) Network Coverage Information
For network coverage information, please log on to www.yes.my/support/coverage or contact our Yes Care via email at firstname.lastname@example.org. The service coverage map provided at the website is only an indicator of the availability of the Service. The actual Service availability in the various locations within a coverage area may differ due to various factors including but is not limited to the nature of radio-waves which may result in blind spots, low signal levels due to factors such as surrounding terrains, obstacle from high-rise buildings, distance from the base station and the placement of the Subscriber Equipment inside a building.
g) Additional Terms and Conditions
If the Service is provided to You as part of a promotion or bundled plan, the terms and conditions (“Promo T&Cs”) under the relevant promotion and/or bundled plan shall apply to You in addition to this Fixed Wireless Internet Service Terms and Conditions.
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 or uninterrupted use of the Service;
(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; and
(iii) the data speed or congestion of the data service for any reason whatsoever.
i) 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 the relevant Yes Subscriber and if it is approved by Us will be subject to additional charges.
j) SIM Card
1. The SIM Card, if provided under Your Service Plan, will include a pre-configured Mobile Number which enables access to data services only and will not allow access to voice and SMS services unless such services is included in Your selected Service Plan. . Ownership to both the SIM Card and Mobile Number shall remain with us and shall not at any time pass, be transferred or assignable to You. Upon registration of the Service, You are granted the right to use the SIM Card to access the Service for personal use only.
2. The SIM Card has to be inserted into a compatible Subscriber Equipment in order to access the Service.
3. You must not change or transfer the SIM Card to any other person without obtaining Our prior written approval.
4. You shall bear full responsibility for the usage of the SIM Card and charges incurred from any usage through the SIM Card including the use by any other person whether authorized by You or not.
5. You shall use all precautions to prevent the loss, theft, cloning and/or unauthorized use of the SIM Card. In the event of loss, theft, cloning and/or unauthorized use of the SIM Card, You shall immediately notify Us. Replacement of a SIM Card is subject to such payment(s) as may be prescribed by Us.
6. If Your SIM Card is defective within 7 days from the date of registration and such defect is proven to Our satisfaction to have arisen from the manufacturer’s fault, We will replace the defective SIM Card at no cost to You.
7. We may reallocate, withdraw or change the Mobile Number as required by applicable laws or instructions from the relevant authorities.
- Service Plan
a) Service Commencement
The Service shall be deemed to commence upon activation, which shall be notified to You in accordance with these terms.
If required, a deposit may be collected upon registration of the Service and shall be held to Your credit and repaid to You free of interest within forty five (45) days after termination subject to deduction of any amounts due to Us from You. We reserve the right, and You hereby authorize Us, to deduct from the deposit any amounts 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 fees as stipulated in clause 10(b) herein shall be imposed against You if You terminate the Service 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 period of time under this Agreement. We will use our reasonable endeavours to make the Service available 24 hours a day, however we will not be liable if for any reason the Service is not available at any time or for any period.
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.
f) Yes ID
You will be provided a unique Yes ID which will be Your username to access your account. Additionally, if the provision of Your Service does not include a SIM Card, the unique Yes ID provided to You is to enable You to access and use the Service. The Yes ID can only be used for the Service via the Subscriber Equipment and cannot be transferred to or use to access the Service with any other modem or device.
- Fair Usage Policy
In ensuring that Our networks are 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/tnc). You agree to be subject to the said Fair Usage Policy and any action taken pursuant thereto.
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/s and/or advance payment/s upon registration;
iii. foreigner’s 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 service tax or 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 Subscriber Equipment, 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 anytime by notice to You.
e) You will be notified by email of Your Bill, which will be hyperlinked to enable You to view and/or print Your Bill. It shall be incumbent upon You to periodically check Your email and Our portal for Your latest 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
a) Unless otherwise stated in Your Service Plan, bills are to be settled in full by thirtieth (30th) day (“due date”) from the date of each Bill, 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 interruption, 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. Bank cash deposit machine (CDM);
iv. Automated teller machine (ATM); or
(a) Cash payment (at Yes Stores/Kiosks or any authorized payment outlets as may be approved by Us).
(c) Online transfer
e) Payment may be made at Yes Stores/Kiosks, Our portal at www.yes.my, participating bank portals, participating banks’ ATM 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.
- Yes User ID
a) Your username and password (if applicable to Your Service plan) identifies You within Our networks and it is Your duty to keep Your password safe and not share it with any third parties.
b) Regardless of the identity of the party concerned, any use of the Service utilizing Your username and/or password will be deemed to be from You and You will be held responsible and liable for any data transmitted or activities conducted from such access and use of the Service through Your Service account. In such instance, our records identifying the username and/or password used to access the Service shall be deemed to be conclusive and irrefutable.c) You may change Your password by accessing MyYes App. Pending the effective updating of Our databases You may continue to use the Service using Your previous password.
- Your Responsibilities
You must, throughout the duration of this 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 Commitment 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, unauthorized 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 Subscriber Equipment in a manner not permitted under this Agreement, or determined inappropriate by Us. During the barring or suspension period You will not be able access the Internet.
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, 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.
a) Subject to Clause 10 herein, You may terminate Your account at any time by written notice to Us. The notice must be made in our prescribed format and supported by all required relevant documents for verification.
b) We may terminate Your account if either
(i) do not adhere to Our Acceptable Use Policy, Fair Use 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;
(vi) You use the Service or the Subscriber Equipment in a manner not permitted under this Agreement, or determined inappropriate by Us; or
(vii) are subject to blacklisting by any other service provider with whom We have bilateral and/or contractual obligations; or
(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; or
(4) due to the existence of a declared public emergency.
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 the 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 this Agreement OR if this Agreement is terminated due to Your default, You shall in addition to the foregoing sub-clause (a) (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 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 Subscriber Equipment 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) The Mobile Number provided under the Service will revert to Us upon termination of Your account.
- Rights of Redress
If You are dissatisfied with the Service You may either refer the matter to Us via email at email@example.com or visit Our website at www.yes.my or call Us at 018-3330000 (local call charges apply) YesCare operating hours: 8am-11pm daily (inclusive of weekends and Public Holidays).
- Data Protection
- 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; and
(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 Malaysia 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 without prior notice to You.
b) Your continued use of the Service 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 deemed appropriate, which shall be effective upon an email or other electronic notice to You.
b) This Agreement is personal to You, and cannot be assigned by You without Our prior approval in writing.
- Intellectual Property Rights
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 Subscriber Equipment/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, the Yes online material, the Yes logo and the Yes 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. All title and IPRs in and to any third party content that may be accessed through the use of the Service, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
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.
- Subscriber Equipment
a) You shall maintain and operate suitable and fully compatible fixed access terminal equipment required to access the Service.
b) Any Subscriber Equipment 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.
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 the Malaysia.
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 either:-
(i) signing the Service Registration form;
(ii) registering the Service with Us or Our authorized dealer/distributor;
(iii) attaching Your electronic signature at the designated place;
(iv) marking the check box that indicates Your agreement to the terms and conditions; or
(v) using the Service
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 Service 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:
i. by post, by the third day from the date of posting;
ii. by fax, upon receipt of faxed transmission as evidenced by the transmission report; or
iii.posting on website, twenty four (24) hours from posting.
- Definitions & Interpretations
Unless the context otherwise requires, these words mean as follows:
a) “Agreement” means the subscription agreement for the Service made pursuant to the Service Registration Form submitted by You and accepted by Us upon the Terms and Conditions herein.
b) “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.
c) “Bill” means Your statement of account issued by Us containing Your total Commitment Fee, credits and any other charges.
d) “Billing Cycle” means the monthly cycle between billings as generated from Our billing system.
e) “Commitment Fee” means the monthly fixed sum to be paid by You in connection with Your Service Plan.
f) “Contract Period” means a fixed term duration as set out in Your Service Plan.
g) “External T&C” means those current and future documents referred to in Clauses 1(a)(b)(c)(f), 2(f) 3, 5 (e) & (f), 6 (c), 12, and 17(b) herein.
h) “Early Termination Charges” shall have the meaning assigned to it in Clause 10 (b).
i) “IPRs” means intellectual property rights.
j) “MCMC” means the Malaysian Communications and Multimedia Commission, the regulator for communications and multimedia service providers.
k) “Mobile Number” means a unique Mobile Station International Subscriber Directory Number (MSISDN) which is pre-configured in Your SIM Card or provided to you under your Service Plan.
l) “Premises” means the premises at the address as stated in Your Service Registration Form at which the Service is to be provided to You.
m) “Service 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.
n) “Service” means the fixed wireless Internet service for Internet access provided by Us to You over Our networks at the designated Premises.
o) “Service Plan” means any of the the service plans that is offered as a package upon certain specific terms in relation to the provision of Service.
p) “SIM Card” means either a card or plug-in module with a microchip which contains a unique Mobile Number and all necessary information of the Yes Subscriber.
q) “SMS” means short messaging service.
r) “Us” “We” or “Our” means YTL Communications Sdn. Bhd.
s) “Yes Subscriber”means an individual, company or other legal entity who has registered to subscribe for a Service Plan.
t) “Subscriber Equipment” means the fixed access terminal equipment provided by Us in connection with Your Service Plan or purchased by You from Us to access to the Service.
u) “Yes” means Our proprietary trademark and trade name.
v) “You”,”Your” means the named Yes Subscriber in the Service Registration Form
w) “Yes Stores/Kiosks” means Our retail outlets whose addresses are listed at www.yes.my.
x) “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.