FIXED BROADBAND SERVICE TERMS AND CONDITIONS

  Last Updated: 09 June 2015

These terms and conditions shall apply to the fixed broadband services provided by YTL Broadband Sdn Bhd (hereinafter referred to as "YTLB" or "We" or "Us") under any Service Plan which is made available by YTLB.

  1. 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. (b) Acceptable Use Policy. You agree to use the Service in accordance with Our Acceptable Use Policy (available at www.ytlbroadband.my/terms). (c) Privacy Policy and Data Protection. You expressly agree to and accept the terms of the YTL Group Privacy Policy available at http://www.ytl.com/privacypolicy.asp. (d) 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. (e) Promotion. If the Service is provided under a promotion or part of a bundled plan, then the relevant promotion and/or bundle terms and conditions shall apply in addition to or in substitution of the terms and conditions herein. (f) Disclaimer. The Service is provided on an "as is" and "as available" basis. 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. (g) 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.
  2. Service Plan. (a) Service Commencement. The Service shall commence on the date upon Your Service 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 repaid 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 to deduct from the refundable deposit any amount due and payable to Us at any time and may request You to make further refundable deposit payment to maintain the required deposit amount. (c) Minimum Contract Period. Unless otherwise terminated by You in writing, the Service will continue automatically upon expiry of the Minimum 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 Minimum Contract Period. (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. 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.
  3. 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.ytlbroadband.my/terms). 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.
  4. 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; (iv) any relevant taxes and duties payable on the Service including without limitation service tax or goods and services tax; (v) stamp duty payable for this agreement; and (vi) 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) Device charges, if applicable 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. 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. (f) any additional telephone number/s requested by You will be subject to Our approval and additional monthly charge in accordance with Our standard rate.
  5. Payments. (a) 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 correctly rendered and final. To avoid Service suspension or 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. 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) Cheque; (ii) Direct debit;
  6. 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.
  7. Service Barring and Suspension. (a) We shall have the right, in our sole discretion and without notice or compensation, to 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 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 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.
  8. Termination. (a) You shall not terminate Your account with Us during the Minimum Contract Period. After the Minimum Contract period, You may terminate the Service by giving Us at least 14 days prior written notice. (b) We may terminate Your account if : (i) You 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) You are adjudicated bankrupt; (iv) You are in breach of any of the terms of this Agreement; (v) You 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; or (vi) You use the Service or Our Device in a manner not permitted under this Agreement, or determined inappropriate by Us; (vii) You are subject to blacklisting by any other service provider with whom We have bilateral and/or contractual obligations; (viii) We are instructed or directed by any federal or statutory agency or regulatory body to do so; (ix) it is in the public interest; (x) due to the existence of a declared public emergency; or (xi) it is no longer commercially viable for Us to provide the Service. Notice of termination will be electronically transmitted to such mobile number or email address furnished by You in the Registration Form or as updated by You from time to time. (c) The effective date of the termination will be as specified in the notice to You or from You to Us (as the case may be) subject to the required termination notice mentioned above.
  9. Effect of termination. (a) Upon the termination of Your account/Agreement by either party, You will be liable to Us for: (i) the Commitment Fee up to effective date of termination; (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 Minimum 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 Minimum Contract Period still remaining as at the date of premature termination (hereinafter referred to as "Early Termination Charges"). However, Early Termination Charges are excluded from instances of conversion of Service Plan from one of lesser value to one of larger value (upgrade). (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 phone number provided under the Service will revert to Us and we may require you to return to us Our Device provided on loan to You or provided under the Service for Your use.
  10. Rights of Redress. If You are dissatisfied with Our Service You may either refer the matter to Us via email at customerservice@ytlbroadband.my
  11. 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 http://www.ytl.com/privacypolicy.asp. Your personal data are retained by Us for at least 12 months after You cease to be a subscriber or seven (7) years from registration (whichever is later).
  12. 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; (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.
  13. 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 with notice to You. (b) You will be given written notice of such amendments 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.
  14. Novation & Assignment. (a) We may assign and/or novate this Agreement to any third party which shall take effect upon notice to You by an email or other electronic notice to You. (b) This Agreement is personal to You and cannot be assigned without Our prior approval in writing.
  15. 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, YTLB's online material, the YTLB logo and YTLB 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 infringement of IPRs including without limitation licenses, copyrights, trade marks and patents due to Your willful or negligent act or omission.
  16. Device. (a) You shall maintain and operate suitable and fully compatible terminal equipment and/or communication devices to access the Service. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING SUCH EQUIPMENT/DEVICE. (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 manufacturer's terms and conditions as set out in the Device user manual . Please read the manufacturer's warranty terms and conditions in the Device user manual make available to You together with the provision of the Device.
  17. General. (a) Incorporation by Reference. All External T&C referred to herein are deemed incorporated into and form part of the 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 dealer/distributor; (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: (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.
  18. Definitions & Interpretations. Unless the context otherwise requires, these words mean as follows:
  1. "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.
  2. "Bill" means Your statement of account issued by Us containing Your total Fees, credits and any other charges.
  3. "Billing Cycle" means the monthly cycle between billings as generated from Our billing system.
  4. "Commitment Fee" means the monthly fixed sum to be paid by You in connection with Your Service Plan.
  5. "Minimum Contract Period" means the minimum duration from the commencement date of the Service for which You have contracted to use the Service under the Agreement.
  6. "Device" means any wireless router provided by YTLB in accordance with the Service Plan to be used as customer premises equipment (CPE) for access to the Service.
  7. "External T&C" means those current and future documents referred to in Clauses 1(b) and(c), 3, and 11 herein.
  8. "Early Termination Charges" shall have the meaning assigned to it in Clause 9 (b).
  9. "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.
  10. "IPRs" means intellectual property rights.
  11. "MCMC" means the Malaysian Communications and Multimedia Commission, the regulator for communications and multimedia service providers.
  12. "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.
  13. "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.
  14. "Service" means the fixed broadband service for Internet access provided by Us to You at the designated Premises.
  15. "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.
  16. "Us","We" or "Our" means YTL Broadband Sdn. Bhd.
  17. "You" or "Your" means the named subscriber in the Registration Form.
  18. "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.