These terms and conditions shall apply to the fixed broadband services provided by YTL Broadband 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.
(b) Acceptable Use Policy. You agree to use the Service in accordance with Our Acceptable Use Policy (available at https://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 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:
- availability, accessibility, timeliness and uninterrupted use of the Service; and
- 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.
(h) 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 to deduct from the deposit any amount due and payable to Us at any time and may request You to make further 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 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 https://www.ytlbroadband.my/terms). You agree to abide by 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:
- one time activation fee upon registration;
- one time Device deposit/payment and/or advance payment/s upon registration;
- Deposit upon registration;
- Commitment Fee to be paid monthly in advance;
- any relevant taxes and duties payable on the Service including without limitation the goods and services tax;
- stamp duty payable for this Agreement; and
- 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 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. 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.
- Payments.
(a) 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 20 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:
- Cash/Cheque; or
- Online banking; or
- Autopay.
- 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 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:
- You fail to make payment of Your bill on or before the due date ;
- You breach the terms of this Agreement and You fail to remedy such breach within fourteen (14) days from the date of Our notification to remedy the same;
- We are instructed by any federal or statutory agency or regulatory body;
- 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;
- You contravene Our Acceptable Use Policy, Fair Use Policy or the Restricted Activities under Your Service Plan; or
- 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 Minimum Contract Period. After the Minimum Contract period, You may terminate the Service by giving Us at least 14 days prior written notice in Our prescribed form or format or in any other manner as may be notified to You.
(b) We may terminate Your account if:
- You do not adhere to Our Acceptable Use Policy, Fair Usage Policy or the Restricted Activities under Your Service Plan;
- fail and/or neglect to pay Us amounts owed;
- You are adjudicated bankrupt;
- You are in breach of any of the terms of this Agreement;
- 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;
- You use the Service or Our Device in a manner not permitted under this Agreement, or determined inappropriate by Us;
- You are subject to blacklisting by any other service provider with whom We have bilateral and/or contractual obligations;
- We are instructed or directed by any federal or statutory agency or regulatory body to do so;
- it is in the public interest;
- due to the existence of a declared public emergency; or
- 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.
- Effect of termination.
(a) Upon the termination of Your account/Agreement by either party, You will be liable to Us for:
- the Commitment Fee up to effective date of termination;
- any other applicable charges and other services incurred up to and including the effective date of termination; and
- 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, such Early Termination Charges are not applicable to the termination of any Service Plan which is being terminated for the purposes of upgrading to a Service Plan of higher value. Any balance of the Contract Period from the terminated Service Plan shall be carried forward to the upgraded Service Plan. If the upgraded Service Plan is terminated prematurely before the expiry of the balance Contract Period, the Early Termination Charges shall apply to the upgraded Service Plan.
(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. 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 ytlbhelpdesk@ytlbroadband.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 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).
- 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:
- Your use or inability to use the Service;
- any malfunction or unauthorised use of the Service for whatever reasons; or
- 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 shall take effect upon notice to You by 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. Any novation or assignment of this Agreement shall be made in Our prescribed form or format and shall be upon Our approved terms and conditions.
- 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, trademarks and patents due to Your willful or negligent act or omission.
- Device.
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.
- General.
(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:
- signing the Registration Form;
- registering the Service with Us or Our authorised agent;
- marking the check box that indicates Your agreement to these terms and conditions; or
- 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:
- by post, by the third day from the date of posting;
- by fax, upon receipt of faxed transmission as evidenced by the transmission report; or
- by electronic mail, upon receipt.
- Definitions & Interpretations.
Unless the context otherwise requires, these capitalized words shall have the meaning as follows:
- "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.
- "Bill" means Your statement of account issued by Us containing Your total Fees, credits and any other charges.
- "Billing Cycle" means the monthly cycle between billings as generated from Our billing system.
- "Commitment Fee" means the monthly fixed sum to be paid by You in connection with Your Service Plan.
- "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.
- "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.
- "External T&C" means those current and future documents referred to in Clauses 1(b) and(c), 3, and 11 herein.
- "Early Termination Charges" shall have the meaning assigned to it in Clause 9 (b).
- "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.
- "IPRs" means intellectual property rights.
- "MCMC" means the Malaysian Communications and Multimedia Commission, the regulator for communications and multimedia service providers.
- "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.
- "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.
- "Service" means the fixed broadband service for Internet access provided by Us to You at the designated Premises.
- "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.
- "Us", "We" or "Our" means YTL Broadband Sdn Bhd.
- "You" or "Your" means the named subscriber in the Registration Form.
- "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.
Introduction
- This Fair Usage Policy (“FUP”) sets out the acceptable level of conduct between YTL Broadband Sdn Bhd (“YTLB”) and its customers for the use of contended fixed broadband services such as bhome and bbiz. Under the contended fixed broadband services, YTLB’s Internet bandwidth is provisioned to be shared by its customers, active at any juncture of time.
- The objective of YTLB’s FUP are to (a) ensure its customers have a fair opportunity to enjoy and access the fixed broadband services and (b) prevent possible abuse or improper use of YTLB’s network resources by customers.
- Customers who wish to enjoy uncontended Internet services may subscribe to YTLB’s Dedicated Internet Access (DIA) such as bbiz+. DIA service is without any contention up to its internet gateway.
- YTLB may, from time to time, change this FUP without further notice to its customers. Customers are required to access YTLB’s web page at https://www.ytlbroadband.my to determine any changes to this policy.
- This FUP supplements YTLB’s Fixed Broadband Service Terms and Conditions available at https://www.ytlbroadband.my/terms.
Traffic Management
- At YTLB, customer satisfaction is our utmost priority. As such, this FUP is put in place to ensure that the majority of the customers do not suffer degradation of service and negative fixed broadband experience due to a very small number of high usage customers.
- As our priority is for all our customers to have a positive Internet experience, the emphasis is for all our customers to practice responsible usage of the bandwidth based on normal usage.
- Certain software/applications used to send and receive files may consume considerably large amount of bandwidth. These software/applications include but are not limited to peer-to-peer (P2P) software/applications (such as Bit Torrent, eDonkey, Gnutella) or file sharing software/applications (such as Limewire). The use of such software/applications may cause network congestion thereby causing negative impact on the Internet speed for other customers accessing the internet at the same time.
- YTLB’s network system is able to identify such high bandwidth consumption. Our traffic management policy is designed to cater for all our customers to have an optimal surfing experience whereby traffic prioritisation will be implemented to protect the quality of service for the majority of the customers in the usage of the fixed broadband service. Under this policy, YTLB will prioritize Internet activities like web browsing, live streaming, messaging applications and VOIP access while traffic to P2P sites will be given lower priority, due to the high bandwidth consumption of such services. Hence, this restriction is imposed to ensure that the best quality of fixed broadband is available to the maximum number of customers and to ensure fairness to all customers.
- As a fixed broadband service provider, YTLB only provides access to the Internet and does not guarantee content delivery and performance beyond YTLB’s network domain.
Unlawful Activities
- In using YTLB’s fixed broadband services, customers must abide by the laws of Malaysia and will not knowingly permit any illegal use or such use that will discredit YTLB.
- Customers are hereby cautioned that certain software/applications may allow for the download of illegal contents which infringe copyright and/or intellectual property rights. YTLB prohibits the download of such illegal contents by its customers. Customers shall be solely and fully liable and shall indemnify and keep YTLB indemnified in respect of any breach of such copyright and/or intellectual property rights.
- YTLB reserves the right to release customer information pursuant to any copyright and/or intellectual property right infringement if it is required to do so by any law, regulatory body or court of law.
Security
- Each customer is assigned with a user identification (“User ID”) and password to access the fixed broadband service and shall be responsible for ensuring the confidentiality and security of its own User ID and/or password at all times. It is the duty of the customer to take necessary steps to prevent unauthorised access to its fixed broadband service. The customer shall remain accountable for all access to its fixed broadband service via the customer’s User ID and/or password including but not limited to access of the service by unauthorised persons or by the Customer’s friend, family member or guest with permitted access to his/her service account .
- YTLB may request the customer to change its User ID and/or password if it is deemed necessary on the premises that the customer’s User ID and/or password may have been compromised.
- Each customer is responsible for the security of his/her own computer/servers/smart devices.
- YTLB strongly recommends that customers protect their computers/servers/smart devices with anti-virus software.
This Acceptable Use Policy ("AUP") outlines the acceptable use of the fixed broadband Internet service ("Service") provided by YTL Broadband Sdn Bhd ("YTLB") to its customers. This AUP is in addition to any restrictions contained in YTLB's Fixed Broadband Service Terms and Conditions for any of the Services offerings. Any customer who contravenes this Acceptable Use Policy may result in his/her Service being barred, suspended or terminated.
You, the customer, are not to use the Service to:
- disseminate, download or upload, any content that may be construed or regarded as offensive, fraudulent, objectionable, illegal, defamatory or malicious;
- reproduce (including use) any third party's intellectual property rights ("IPR") without such IPR owner's consent, e.g. downloading music or movies;
- disseminate any content that is in contravention of the owner's IPR;
- communicate or transmit any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character, or to otherwise for any illegal or unlawful purpose;
- make prank calls to the emergency services or to any third party thereby annoying the called party;
- hack YTLB's systems or any third party systems or networks, introduce virus, malicious code, to our system or any third party system using the Service, introduce, use or launch any "sniffer" software to collect personal data including financial information of third parties, or spoofing;
- send any fictitious email or promote, send or disseminate any email or instant message to defraud or cheat any person, including phishing, spamming, mail-bombing or such other activities that promote a criminal intent/activity;
- commit fraud, theft, or any criminal activity, including using the Service to commit a crime under the Computer Crimes Act 1997 or any written law;
- upload, post, email, transmit or otherwise make available:
- any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
- any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; or
- any material that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any other party's computer, software, hardware or telecommunications equipment;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, YTLB's servant, agent, employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or forge the IP addresses assigned for you to use the Service;
- provide web-hosting, email hosting, or other unusually high bandwidth consumption unless you have made special subscription arrangement with YTLB and the usage does not otherwise violate law or regulation;
- engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
- participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
- resell the Service or otherwise make available to anyone outside the premises the ability to use the Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly without our consent;
- disrupt or cause the disruption of the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulation, rule, notice, instruction or directive of any regulatory body or authority, governmental agency or national or other securities exchange (whether intentionally or otherwise);
- "stalk" or otherwise harass another person;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or
- cache, hyperlink to, and frame the whole or any part of any websites comprised of in the Service without our prior written permission.
These terms and conditions shall apply to the bSIP and bPBX Service Plan provided by YTL Broadband Sdn Bhd.
- 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. If You are not a duly incorporated company, You must be 18 years of age or above to subscribe to the Service.
(b) 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.
(c) Scope of Service The Service comprises a licensed phone system which enables phone calls over Your high speed Internet connection. Under the Service, You will be provided with certain fixed and/or mobile telephone numbers which will facilitate both incoming and outgoing voice calls. The quantity of phone numbers to be provided to You will be as stated in the Service Plan subscribed by You. Voice calls are routed only to such countries and destinations/locations as set out in www.ytlbroadband.my and subject to changes from time to time at YTLB’s absolute discretion. The provision of the Service is NOT inclusive of the Internet connection service which, if required to be provided by Us will be provided separately and subject to additional charges. Alternatively, You may acquire Internet connection from a third party service provider if You do not currently have a high speed Internet connection.
If Your subscribed Service is bPBX, You will be required to install compatible IP telephones and/or Analogue Telephone Adaptors (ATA) to use the Service. Under the bPBX, private branch exchange (PBX) facilities will be included in the Service which will provide facilities such as call hunting, call forwarding, call transfer, extension dialling and other features.
If Your subscribed Service is bSIP, You will be required to install Your own compatible PBX or a media gateway to Your existing PBX system.
(d) 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 in this Agreement.
(e) 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:
- availability, accessibility, timeliness and uninterrupted use of the Service and
- sequence, accuracy, completeness, timeliness or the security of any information transmitted using the Service or provided to You as part of the Service.
- Service Plan
(a) Service Activation Service activation will take place within seven (7) working days from the date of Your registration of the Service.
(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) Contract Period If Contract Period is applicable to Your Service, the Service will continue automatically upon expiry of the Contract Period on a month to month basis unless You notified Us in writing of Your intention to terminate prior to the expiry of the Contract Period. Such Service provided month to month after the expiry of the Contract Period may be terminated by You with 14 days prior written notice, Early Termination Charges as stipulated in clause 9 (b) herein shall be imposed against You if You terminate the Service before the expiry of the Contract Period.
(d) Credit Limit The making of voice calls shall be subject to such credit limit as may be determined by Us at our discretion ("Credit Limit"). When such Credit Limit is reached, We will bar the making of voice calls from Your Service. You will be solely responsible to monitor Your Credit Limit and We will not be held responsible in any way if You are barred from using the Service or part thereof for exceeding the Credit Limit.
(e) Service Plan Upgrade/Downgrade You may request to upgrade/downgrade Your existing Service Plan subject to Our approval and with You bearing all the related charges. However, if Your Service is still subject to a Contract Period downgrade is not permissible.
- Charges
(a) By using or registering for the Service, You agree, where applicable, to be liable for the following:
- one time installation fee upon registration;
- advance payment/s upon registration;
- deposit upon registration;
- Monthly Recurring Charge (to be paid monthly in advance);
- the charges for Your voice call usage which will be billed monthly in accordance with Our standard rates as stipulated at https://www.ytlbroadband.my/product/business_rates. We reserve the right at our absolute discretion to revise Our rates at any time without prior notice;
- any relevant taxes and duties payable on the Service including without limitation service tax or goods and services tax;
- stamp duty payable for this agreement; and
- 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 Service Plan subscribed by You and We will bill You monthly in accordance with the Billing Cycle relevant to Your account.
(c) 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.
- 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 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 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 20 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 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. 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 payment options for making payment as stated in Your Bill.
- Password
(a) In relation to bPBX, username(s) and password(s) will be provided which will identify Your Service with Our network telephone system. It is Your duty to keep Your password(s) 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 charged to You and You will be held liable for all charges incurred. 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 written request to Us.
- 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 the Fees and any applicable charges 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 call made 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;
(f) not misuse the Service by making prank calls to the emergency services or to any third party thereby annoying the called party, commit fraud, theft, or any criminal activity, including using the Service to commit a crime under any written law, "stalk" or otherwise harass another person;
(g) indemnify and keep Us indemnified from and against any losses, damages, claims, liabilities or expenses arising from Your use of the Service;
(h) be responsible to provide Internet connection at Your own cost for the Service;
(i) Inform Us at least fourteen (14) days in advance of any change in Your billing address and/or Your facsimile number;
(j) not violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulation, rule, notice, instruction or directive of any regulatory body or authority, governmental agency or national or other securities exchange (whether intentionally or otherwise) and not to directly/indirectly cause Us to violate any laws/regulations/orders/ directives of licensing/relevant authorities including the Malaysian Communications and Multimedia Commission; and
(k) Adhere to all security, authentication, verification and authorisation procedures to access the Service as We may, at our discretion determine.
- Service Suspension
(a) We may suspend Your account for such duration as We deem fit if :
- Your debt to Us has been outstanding for more than thirty (30) days;
- 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);
- We are instructed by any federal or statutory agency or regulatory body; and
- You misuse the Service or use the Service in contravention of the applicable laws and regulations.
During the suspension period You will not be able to access the Internet, make or receive voice call.
(b) Service Restoration Restoring the Service to Your suspended account requires You to have first remedied to our satisfaction the ground entitling Us to suspend including the settling of any outstanding amounts due to Us and any relevant interest charges for late payment. Payment of a prescribed fee may be required for re-connection.
- Termination
(a) Subject to Clause 9 herein, You may terminate Your account with Us at any time by giving Us prior written notice of at least fourteen (14) days.
(b) We may terminate Your account if You:
- are in breach of any of the terms of this Agreement;
- fail and/or neglect to pay Us amounts owed;
- are adjudicated bankrupt or wound up whether compulsorily or voluntarily, or enter into any arrangements or compositions with Your creditors;
- use the Service in breach of the Communications and Multimedia Act 1998 and its statutory instruments or in contravention of any written law;
- are subject to blacklisting by any other service provider with whom We have bilateral and/or contractual obligations;
- We are instructed or directed by any federal or statutory agency or regulatory body to do so;
- it is in the public interest; or
- due to the existence of a declared public emergency.
Notice of termination will be send to Your email address stipulated in the Registration Form submitted by You or any email address as may be notified to Us 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 subject to the required termination notice mentioned above (as the case may be).
- Effect of Termination
(a) Upon the termination of Your account/Agreement by either party, You will be liable to Us for:
- any voice call charges and other services incurred up to and including the effective date of termination; and
- 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 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 Monthly Recurring Charge for the unexpired Contract Period still remaining as at the date of premature termination (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 are wholly non-refundable where termination is due to Your default.
- Rights of Redress
If You are dissatisfied with Our Service You may either refer the matter to Us via email at ytlbhelpdesk@ytlbroadband.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 http://www.ytl.com/privacypolicy.asp. Your personal data will be retained by Us for at least 12 months after You cease to be a subscriber or seven (7) years from registration (whichever is later).
- 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:
- Your use or inability to use the Service;
- any malfunction or unauthorised use of the Service for whatever reasons;
- 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 use of 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 a sum 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 or email 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.
- Novation & Assignment
(a) We may assign and/or novate this Agreement to any third party by written notice to you.
(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 telephone system 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 YTLB material, the YTLB logo and the 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. All title and IPRs in and to any third party content that may be accessed through 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.
(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.
- Customer Access Equipment
You shall maintain and operate suitable and fully compatible equipment required to access the Service. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING SUCH SUBSCRIBER EQUIPMENT.
- Miscellaneous
(a) Incorporation by Reference All terms in Your subscribed Service Plan and Registration Form 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) Conclusive Evidence A Certificate signed by Our authorized personnel shall, save for manifest error, be conclusive evidence of the matters stated therein including the amount You owe Us.
(e) Deemed Acceptance You are deemed to have accepted the terms herein by:
- signing the Registration Form;
- registering the Service with Us or Our authorized dealer/distributor;
- marking the check box that indicates Your agreement to these terms and conditions; or
- using the Service.
(f) 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. Such notices shall be deemed to be received if:
- by post, by the third day from the date of posting;
- by fax, upon receipt of faxed transmission as evidenced by the transmission report;
- by electronic mail, upon receipt.
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.
- Definitions & Interpretations
Unless the context otherwise requires, these words mean as follows:
(a) "Bill" means Your statement of account issued by Us containing Your total usage, Fees, credits and any other charges.
(b) "Billing Cycle" means the monthly cycle between billings as generated from Our billing system.
(c) "Contract Period" means a fixed term duration commencing from the date of activation of the Service for which You have committed to use the Service under the Agreement.
(d) "Early Termination Charges" shall have the meaning assigned to it in Clause 9 (b).
(e) "Fees" means all relevant monthly charges including but not limited to the Monthly Recurring Charge to be paid by You for the Service.
(f) "IPR" means intellectual property rights.
(g) "MCMC" means the Malaysian Communications and Multimedia Commission, the regulator for communications and multimedia service providers.
(h) "Monthly Recurring Charge" means the monthly fixed sum to be paid by You in connection with Your Service Plan.
(i) "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 provision of the Service.
(j) "Service" means Our proprietary bSIP or bPBX Internet telephony services provided by Us to You as subscribed by You under the Registration Form.
(k) "Service Plan" means a set of service upon certain specific terms in relation to the provision of Service.
(l) "Us", "We" or ""Our" means YTL Broadband Sdn. Bhd.
(m) "You", "Your" means the named subscriber in the Registration Form.