|
|
   |
|
|
2G Service Terms and Conditions |
|
|
|
|
General Terms and Conditions
|
|
The Customer shall observe and be bound by the following terms in relation to the provision of Services by us: |
|
 |
1. Definitions |
| |
Unless otherwise stated, the following words and expressions shall have the following meanings: |
| |
| |
|
“Agreement”: the Application and these terms and conditions as amended from time to time; |
| |
|
“Application”: any oral, written or on-line application or any other means of application or notification in respect of the Services and/or the Equipment as made by you and permitted by us; |
| |
|
“Charges”: Both Contract Service Charges and Other Charges, including but not limited to any fees or charges referred to as, or for, connection, subscription, monthly charges, usage, Government license fee, administration, any sum due under the Agreement or such other fee which may be announced or published by us for provision of any of the Services from time to time; |
| |
|
“Contract Service Charges”:all fees or charges except Other Charges payable by you for the Services subscribed expressly pursuant to the Agreement. |
| |
|
“You” or “Your”:you, the customer specified in the Application; |
| |
|
“Day”: shall include public holidays and Sundays; |
| |
|
“Equipment”:(where applicable) any mobile handset, pager, other hardware and software, accessories or ancillary equipment (whether provided by us or not) through which the Services are provided including but not limited to any mobile handset, SIM Card, other hardware and software, other accessories and ancillary equipment supplied by us to you under the Agreement; |
|
“License”: license(s) issued by the Communications Authority to us for provision of the relevant Services;
|
|
“Hong Kong”:the Hong Kong Special Administrative Region of the People's Republic of China; |
| |
|
“We”, “us” or “our”:Hutchison Telephone Company Limited, and where applicable or circumstances require, Hutchison Telecommunications (Hong Kong) Limited as agent for and on behalf of Hutchison Telephone Company Limited; |
| |
|
“IOSMS Code”: the Code of Practice for Inter Operator Short Message Service dated 3 December, 2001, as from time to time amended and supplemented by the signatories thereto; |
| |
|
“Message”:has the meaning given to it in the Telecommunications Ordinance (Cap. 106) of the Laws of Hong Kong; |
| |
| “Minimum Term”: the minimum fixed term, if any, for supply of 3 Service as set out in the Agreement; |
| |
|
“Networks”:the public telecommunications networks and systems by which we make the relevant Services available; |
| |
|
“Other Charges”:the administrative charges and usage based charges payable by you for the services of specifically covered by the Agreement. |
| |
|
“Person”: shall include companies, sole proprietorships, partnerships and other bodies corporate; |
| |
|
“Services”: the service(s) applied for by you in the Application and such other services as otherwise ordered by you and agreed to be provided by us from time to time; |
| |
|
“SIM Card”:(where applicable) the subscriber identity module card issued by us under Clause 4.3; and |
| |
|
“Communications Authority”: has the meaning set out in the Telecommunications Ordinance (Cap 106) of the Laws of Hong Kong. |
|
| |
|
|
2. Agreement |
| |
|
2.1 |
Your ageement with us is effective upon our acceptance of the Application. The Agreement shall continue in force until terminated in accordance with the terms and conditions of the Agreement. |
|
| |
|
|
3. Provision of Services |
| |
|
3.1 |
Subject to Clauses 3.2 and 3.3, we will use our reasonable efforts to make the Services available within the range of base stations forming the relevant Network(s). |
|
3.2 |
You acknowledge that:
|
(a) |
the quality and availability of the Services may be affected by factors outside our control such as physical obstructions, atmospheric conditions and other causes of radio interference or faults in other telecommunications networks to which the Network(s) are connected; and |
|
(b) |
we do not guarantee that Services will be uninterrupted or information or Messages will be duly transmitted to, and received by, you through the Services. |
|
|
3.3 |
In order to ensure that the Services are provided in an efficient and accurate manner, we may in our discretion refuse to relay, transmit or deliver any Message which is used for any illegal or suspected illegal purpose, is complicated, obscene, or offensive in nature or is in a language that is not widely understood in Hong Kong. |
|
| |
|
|
4. Equipment
|
| |
|
4.1 |
You shall only use Equipment approved for use with the relevant Network(s) and shall comply with all relevant legislation or regulations relating to such use. |
|
4.2 |
You warrant and represent that you are the sole and beneficial owner of and have the absolute right, title and interest in the Equipment identified in the Application and that no other Person has any interest in such Equipment. You further undertake to indemnify us in full against all direct and indirect losses, damages, claims, demands, proceedings, costs and charges whatsoever arising from your breach of this Clause 4.2. This Clause 4.2 shall survive the termination of the Agreement. |
|
4.3 |
We will issue one or more SIM Cards to you for use in conjunction with mobile equipment or handset(s) for the purpose of accessing the mobile telecommunications services provided under the Agreement. All SIM Cards shall at all times remain our property and shall be returned to us immediately on demand or upon the termination of the relevant Services. |
|
4.4 |
You shall not tamper or allow any other person to tamper with any Equipment by unauthorized means and shall not copy or allow any other person to copy any pre-programmed data of any SIM Card. |
|
4.5 |
If we agree to provide warranty or maintenance and repair services in respect of any Equipment supplied by us under the Agreement, we will during the warranty period specified by us repair or, at our option, replace the relevant Equipment should such Equipment be defective because of faulty materials or workmanship on and subject to the following terms and conditions:
|
(a) |
All maintenance and repair services will be provided at designated service centres. |
|
(b) |
All replacements are on an exchange basis and any defective Equipment being replaced shall become our property. |
|
(c) |
The warranty will not be extended to:
|
(i)
|
cosmetic parts and accessories within or supplied with the Equipment including without limitation lenses, housing and keypads; |
|
(ii) |
any damage or defect due to accidents or reasons attributable to the user such as use not in the normal and customary manner, improper testing, operation, repair, maintenance, installation or adjustment, unauthorized repair or modification, neglect, undue wear and tear, collision, dropping or spillage, breakage or damage not caused directly by defective material or workmanship, improper storage, exposure to excessive temperature or moisture or other environmental conditions not recommended by the manufacturer or us, fire, rain or other acts of God. |
|
|
(d) |
We reserve the right to charge you a handling fee for any Equipment delivered or returned to us for repair or replacement if
|
(i) |
such Equipment is found to be neither faulty nor defective, or |
|
(ii) |
the warranty period in respect of such Equipment has expired, or |
|
(iii) |
where the warranty in respect of such Equipment is invalidated for any reason. |
|
|
(e) |
The warranty for any Equipment shall lapse upon the delivery to you by us or our agent of any new or replacement Equipment with substantially similar functions and use. |
|
(f) |
If the supplier or manufacturer of any Equipment ceases to produce or supply to us the relevant Equipment or any of its spare parts or accessories, the relevant maintenance and repair service will automatically be terminated without notice to you. We shall be entitled to make such alternative arrangement(s) as we deem fit to enable the continuance of the Services and shall not be under any liability whatsoever to you or any Person for any cost, claim, loss or damage suffered or incurred by you or such other Person resulting from or in connection with the termination of the maintenance or repair services or any alternative arrangement. |
|
(g) |
The warranty shall terminate and cease to have effect immediately if you stop subscribing to the Services. |
|
|
| |
|
|
5. Charges
|
| |
|
5.1 |
The Services are subject to our prevailing rate of Charges from time to time. Subject to Clause 14.4, we may vary the rate of Charges and introduce new items of Charges at any time as we think fit. |
|
5.2 |
Unless otherwise specified, all Charges are non-refundable. |
|
5.3 |
You agree to accept full responsibility for all Charges incurred (whether or not such Charges have been incurred by you or with your knowledge, authority or consent). |
|
5.4 |
Unless otherwise specified, we may submit invoices to you in respect of the Charges so that basic subscription Charges will be invoiced in advance on a monthly or quarterly basis and usage and other Charges (if any) will be invoiced in arrears on a monthly basis. We reserve the right to submit interim invoices to you and to vary or change the basis or interval on and in which invoices are issued. We may also by notice (to be given in such manner as we deem appropriate) require your immediate settlement of all charges incurred notwithstanding the relevant payment due date(s) stated in the invoice(s) already submitted to you. |
|
5.5 |
Unless otherwise specified, you shall pay all invoiced amounts in full without set off or deduction on the payment due date specified in the invoice issued by us (or if such date is not specified, within 14 days after the issue of the relevant invoice by us). Payment shall be made in cash or in such other manner as specified in the relevant invoice. |
|
5.6 |
If you fail to pay any invoiced amount in full by the due date of payment, we shall, without prejudice to our other rights, be entitled to charge interest at the rate of 2% per month on any outstanding amount, calculated on a daily basis from the due date of payment until the date on which payment is actually received by us in full. In addition, we reserve the right to charge you collection and handling fees in respect of any late payment. |
|
5.7 |
In the event that you dispute any amount invoiced by us, you shall pay the entire invoiced amount and submit a written claim for the disputed amount. All claims must be submitted to us within 15 days from the date of the relevant invoice. In the event of such claims, the books and records of us shall be conclusive evidence of the Charges incurred and shall be binding on you. |
|
5.8 |
You authorize us to :
|
(a) |
set-off or transfer any sum standing to the credit of your account to discharge any liability of you to us under the Agreement or any other arrangement between you and us; |
|
(b) |
assign any unsettled invoiced amount to any contractual credit management organisation or collection agency employed by us for debt recovery; and |
|
(c) |
use your credit and payment information for the purpose of this Clause 5.8. |
|
|
5.9 |
Payment made by you to us shall be applied in and towards payment of first, the deposit required under Additional Clause 3 of Sales & Services Agreement; second, any outstanding interests, collection and handling charges; and third, the Charges. |
|
| |
|
|
6. Allocation and Porting of Numbers |
| |
|
6.1 |
Subject to any contrary direction issued by the Communications Authority or any contrary term of the relevant licence, you will not acquire any right in any number issued or assigned to you under the Agreement including without limitation station A-call or private page telephone number or mobile number and we reserve the right to modify, withdraw, change or reallocate any such number. Except for any modification, withdrawal, change or reallocate resulting from or in connection with the termination or suspension of the Services, we will endeavour to notify you in such manner as may be reasonable and practicable in the circumstances prior to such modification, withdrawal, change or reallocation. |
|
6.2 |
If you apply for the porting in of any mobile number (“Port-in Number”) from a network operated by any other mobile telecommunications service provider:
|
(a) |
|
you shall pay us a non-refundable mobile number port-in charge at the prevailing rate; |
|
(b) |
|
any cancellation of such application shall be made in person at the location at which such application was made prior to the activation of the Services with the Port-in Number; and |
|
(c) |
|
and if such application is unsuccessful for any reason, you may, within 7 days from our notification of such unsuccessful application, elect:
|
(i) |
|
to activate the Services with a number assigned or allocated by us; or |
|
(ii) |
|
to cancel the application in accordance with Clause 6.2(b); or |
|
(iii) |
|
if the unsuccessful application is due to missing or incorrect information submitted by you with such application, to submit all necessary and correct information for re-applying for the porting of the Port-in number, provided that if you fail to make an election within 7 days, you shall be deemed to have cancelled the application. |
|
|
|
6.3 |
If you request for the porting of mobile numbers from the relevant Network(s); you acknowledge and agree that upon the successful porting of any mobile number from the relevant Network(s):
|
(a) |
|
all mobile phone services and any related value added and roaming services (whether in the form of automatic or manual roaming or provided through a separate SIM Card) shall be terminated immediately and any sum paid in relation to any SIM Card (whether for roaming or other services) shall not be refundable; |
|
(b) |
|
other services (if any) subscribed by you and provided by us shall continue unless otherwise terminated in accordance with the relevant agreement; and |
|
(c) |
|
you shall not be entitled to any bundled rates for any continuing services previously bundled with our mobile phone services and will thereafter be charged the normal standard rates for such continuing services without further notice. |
|
|
| |
|
|
7. Promotional Messages |
| |
|
7.1 |
You acknowledge and agree to comply with the procedures set out in the IOSMS Code when using the Services to send short messages of promotional or similar nature to any Person (whether such Person subscribes to the mobile telecommunications services provided by us or other service providers). In particular:
|
(a) |
|
you shall not use the Services for sending short messages of promotional or similar nature to any Person without such Person’s prior consent; |
|
(b) |
|
you shall be responsible for procuring the consent required under Clause 7.1(a) and shall provide us with evidence of such consent upon demand by us; |
|
(c) |
|
if you send any unsolicited promotional short message contrary to Clause 7.1(a) or if we receive any complaint that such message originates from you, you acknowledge and agree that we are entitled to:
|
(i) |
|
cease or refuse transmission or delivery of the relevant message upon us becoming aware of such message; |
|
(ii) |
|
request you to respond to any complaint received by us and you shall provide us with a written response within 3 days of the relevant request; |
|
(iii) |
|
suspend all short messages sent by you in accordance with the IOSMS Code; |
|
(iv) |
|
carry out such investigation as we may in our discretion think fit; |
|
(v) |
|
where necessary, suspend the Services, in whole or in part, as we may in our discretion think fit. |
|
|
|
7.2 |
You are entitled to make a complaint against a sender of any unsolicited promotional short message. Complaints can be made orally, in writing, or by electronic means to insert details of addressee. Upon receipt of any complaint, we are authorized to:
|
(a) |
|
collect and disclose to the relevant mobile network operator information on the relevant short message(s) including without limitation your mobile number, the date and time of receipt of the relevant message(s), and the contents of such message(s); and |
|
(b) |
|
block any short message from the sender of the relevant short message(s) in accordance with the IOSMS Code. |
|
|
| |
|
|
8. Loss, Theft, etc. |
| |
|
8.1 |
You must report any loss or theft of any Equipment immediately upon your becoming aware of such loss or theft. You shall be fully liable and responsible for all Charges incurred whether or not authorized by you until we receive notification of such loss or theft. |
|
8.2 |
Subject to the payment of such Charges as we shall in our discretion determine, we will in our discretion provide you with the relevant replacement Equipment (including replacement SIM Card(s)), as soon as reasonably practicable if any Equipment which is our property is lost, stolen or damaged. |
|
8.3 |
We may but is not obliged to notify you if any lost or stolen Equipment owned or belonging to you are returned to us. If you fail to collect such Equipment within two months from the date of such notification, we shall be entitled to dispose of such Equipment in such manner as we deem fit and you shall be deemed to have waived all your rights to the Equipment and the proceeds (if any) from such disposal. We shall not be under any liability whatsoever to you or any other Person for any cost, expense, loss, or damage suffered or incurred by you or such other Person arising out of or in connection with such Equipment or its disposal. |
|
8.4 |
You shall not disclose to any other Person any personal identification number, password or login ID or such other means of identification as authorized and issued by us from time to time (collectively, “PIN”) for the purpose of accessing the Services. You shall immediately inform us if the PIN is made or suspected to have been made known to any other Person and you acknowledge and agree that we shall not under any liability for any loss or damage incurred by you as a result of the PIN being known to another Person for whatever reason. |
|
| |
|
|
9. Other Obligations of the Customer |
| |
|
9.1 |
You agree:
|
(a) |
not to use the Services for any improper, immoral, defamatory or unlawful purpose nor allow any other Person to do so; |
|
(b) |
not to act in any way that may jeopardise or impair the operation of the relevant Network(s) or Equipment or the provision of the Services or any other lawful telecommunications service by us; |
|
(c) |
|
to comply with all our reasonable requirements in relation to the use of the Services and the Equipment; |
|
|
(d) |
to pay to us all fees payable from time to time to the Hong Kong Government and other Persons in connection with your use of the Services and (if applicable) any Equipment in the manner specified by us from time to time; and |
|
(e) |
to comply with the laws of Hong Kong and other applicable jurisdiction in relation to the use of the Services. |
|
|
9.2 |
In order to enable us to verify your address, you shall:
|
(a) |
provide us with an original document issued by a recognisable institution as your proof of address pursuant to the Code of Practice on Verification of the Addresses of Potential Customers for Mobile Telecommunications Services issued by the Communications Authority in January, 2000 within 7 days from the effective date of the Agreement; and |
|
(b) |
complete and return the “Address Proof Letter” (if any) received from us in accordance with the instructions therein. |
|
|
9.3 |
You warrant and represent that the information and other supporting documents (including the address proof referred to in Clause 9.2) provided in connection with the Agreement is correct, accurate and complete. You must notify us promptly in writing or by other electronic means acceptable to us any change in such information. |
|
9.4 |
You shall not acquire any right or interest in any information obtained through information services subscribed by you or re-distribute or disseminate such information to any third party. All such information shall be for your personal use only and shall not be used, in whole or in part, for any illegal or improper purposes. |
|
| |
|
|
10. Suspension of 3 Services |
| |
|
10.1 |
We may suspend the Services in whole or in part at any time without notice if:-
|
(a) |
we consider it necessary to safeguard the standard of the Services or the integrity of the Networks; or |
|
(b) |
any relevant Network or Equipment fails or requires modification or maintenance; or |
|
(c) |
in our reasonable opinion, there is or has been any unauthorized, unlawful or fraudulent use of the Services or the use of the Services or Equipment by you are causing or may potentially cause damage or interference to the Networks or the Equipment; or |
|
(d) |
we are entitled to terminate the Agreement; or |
|
(e) |
it is necessary to comply with any relevant direction or request issued by the Communications Authority or other competent authority; or |
|
(f) |
the unpaid Charges incurred exceeds such credit limit as we may, in our reasonable discretion, assign from time to time to your account for your liability to us under the Agreement or any other arrangement between you and us. |
|
|
10.2 |
You will remain liable for all Charges during the period of suspension unless we, in our reasonable discretion, decide otherwise. |
|
| |
|
|
11. Termination |
| |
|
11.1 |
We can end the Agreement at any time by giving you 14 days' prior written notice if you have not agreed to a Minimum Term, or the Minimum Term has expired / will expire. You may terminate the Agreement in the following ways:
|
(a) |
|
| |
If you have agreed to a Minimum Term, you can end the Agreement during the Minimum Term. However, you must pay us all the Charges you owe including any cancellation fee. |
|
|
(b) |
| On 14 days’ notice if no Minimum Term |
|
| |
| If you have not agreed to a Minimum Term, or the Minimum Term has expired, you can end the Agreement at any time by giving 14 days’ prior written notice to us. |
|
|
(c) |
|
Prior to the expiry of the Minimum Term, we are entitled to contact you about the expiration of the Minimum Term and the renewal offers. If we are unable to reach you or you are unable to confirm the renewal arrangements with us, we shall continue to provide the services to you on the same terms and conditions until we receive a notice as stipulated in Clause 11.1(b) above from you. For the avoidance of doubt, the services to be provided to you during the period subsequent to the Minimum Term shall not include any rebate, waiver, extra entitlements (including voice airtime, video time, local mobile data, etc.), complimentary gifts and/or any other free entitlements or special offers given to you during the Minimum Term. |
|
|
|
11.2 |
We may at any time immediately terminate the Agreement or temporarily disconnect the Services, in whole or in part, if:
|
(a) |
you fail to pay any sum payable by you to us under the Agreement or any other arrangement between you and us (including, without limitation, any deposit) by the due date of payment; or |
|
(b) |
you are in breach of any of the terms of the Agreement or fail to comply with our reasonable requirement in relation to the use of the Services; or |
|
(c) |
|
you become insolvent or bankrupt or we have reasonable cause to believe that you are unable to pay the Charges or any other sum payable by you under the Agreement or any other arrangement between you and us; or |
|
|
(d) |
we cease to provide the Services or any part thereof or (if applicable) the relevant Network(s) become(s) unavailable for any reason; or |
|
(e) |
you fail to comply with Clause 9.2(a); |
|
(f ) |
any information provided by you under or pursuant to the Agreement is found to be false or inaccurate or we have reasonable ground to believe that such information is false or inaccurate. |
|
|
11.3 |
Termination of the Agreement will not affect any existing right or liability that a party may have prior to such termination. |
|
11.4 |
Upon termination or disconnection of the Services, any prepaid Charges will be forfeited. |
|
11.5 |
Upon your request, we may but is not obliged to reconnect any Services which have been disconnected or terminated. Such reconnection shall be subject to the payment of all outstanding Charges in respect of the disconnected or terminated Services, the payment of reconnection charges at our prevailing rate and such other prepaid Charges and/or deposit as we may in our discretion require. |
|
| |
|
|
12. Limitation of Liability |
| |
|
12.1 |
We, our employees, agents, sub-contractors and other third party suppliers including without limitation any information provider shall not be liable to you or any third party whether in contract, tort or otherwise for any loss or damage incurred by you or any third party:
|
(a) |
whether direct or indirect, consequential or contingent, and whether foreseeable or not, including without limitation any financial loss or loss of business, profits, savings, revenue, data, goodwill or use of any equipment; |
|
(b) |
resulting from or in connection with any failure, delay, interruption, omission or mistake in the Services or the performance of the Agreement whether or not such failure, delay, interruption, omission or mistake is caused by the acts, omissions or negligence of us or our employees, agents, or sub-contractors; |
|
(c) |
resulting from or in connection with any failure or delay in the performance of the Agreement or the Services due to factors outside our reasonable control including without limitation acts of God, lightning, fire, earthquake, storm, flood or other natural calamities, the threat of imminent war, riots or other acts of civil disobedience, industrial disputes, power failure, failure of telephone lines, failure or breakdown of plant or machinery or government restraint, prohibition or expropriation. |
|
|
12.2 |
Without prejudice to Clause 12.1:
|
(a) |
we hereby disclaims all responsibility or liability to you or to any person for any cost, expense, loss, damage or compensation arising out of or in connection with any incompleteness, inaccuracy, error, omission, misstatement, delay or failure of transmission, communication, or storage of any Message or the divulging, mixing or destruction of any Message; |
|
(b) |
no condition, warranty, responsibility and liability in relation to the provision of the Services or any Equipment (including without limitation fitness for any purpose, standard of quality or performance of any Equipment and Network) shall be deemed to be given by us; |
|
(c) |
we shall not be liable for any dent, scratch or other damage of aesthetic nature to or any loss of data from any Equipment delivered or returned to us for maintenance and repair services. |
|
|
12.3 |
Any claim by you against us arising out of the Agreement must be notified in writing to us within one year of the incident giving rise to such claim failing which you will be deemed to have waived your rights in respect of such claim. |
|
| |
|
|
13. Personal Information |
| |
|
13.1 |
You acknowledge and agree that all information supplied to us or our agents in connection with the Agreement will be subject to our policies and practices under the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong. Our policies are subject to change from time to time. Please visit our website for the latest version. |
|
13.2 |
Without prejudice to Clause 13.1, you hereby authorize and give your consents to us to use your personal data (as defined in the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong) supplied in connection with the Agreement for the purposes of processing your application for the Services and the operation of your account and for the purposes stated in our Data Protection Policy and Collection Statement, copy of which is available upon request or is available for perusal on our website at www.three.com.hk |
|
13.3 |
You can access your account information via www.three.com.hk. You can initiate a password with 4-8 digits by dialing *333 via your mobile phone. You can also change your password via *333 or the aforesaid website. |
|
| |
|
|
14. Variation |
| |
|
14.1 |
Subject to Clauses 14.2 to 14.4, we reserve the right to vary, amend, modify or delete any of the terms and conditions of the Agreement or add new terms and conditions to the Agreement by giving written notice to you. |
|
14.2 |
Notice of any variation, amendment, modification, deletion or addition of any terms and conditions may, subject to any License requirement or direction issued by the Communications Authority, be sent in accordance with Clause 15 or be published or displayed in such manner as we may think fit. |
|
14.3 |
We must give not less than 30 days’ prior notice in respect of any variation, amendment, modification, deletion or addition which is not favourable to you. |
|
14.4 |
We reserve the right to vary, delete, amend or add to the terms and conditions of your agreement from time to time. Subject to any License requirement or direction issued by the Communications Authority, we will send notice of any variation, amendment, modification, deletion or addition of any terms and conditions to you. If the variation, amendment, modification, deletion or addition will result in an increase in the Contract Service Charges or have a substantial and adverse impact on the service enjoyed by a substantial number of customers, we will give not less than 30 days’ prior notice in respect of any variation, amendment, modification, deletion or addition. In the event that the change will reset in an increase in an Other Charges (save for charges for roaming services), we will inform the affected customers of the charge in our website or such other means as we consider appropriate not less than 30 days prior to effecting such change.
You may terminate the contract by notice no more than 15 days prior to the change coming into effect without incurring any charges of any kind in respect of that termination (other than incidental costs), in the event that:
|
(i) |
|
there is any increase in the Charges (save for charges that are no longer applicable to you after you have subscribed to the service such as deposit amount, prepayment amount or any waivable charges); |
|
(ii) |
|
there is an increase in the Other Charges which is obliged to incur for the continued use of the subscribed service by you (save for charges for roaming services) which is more than HK$30 or 30% of the amount of the monthly Contract Service Charges, whichever is higher; or |
|
(iii) |
|
if you can demonstrate that the change to the contract terms will result in a substantial and adverse impact to the service that you have acquired. |
|
|
| |
|
|
15. Notice |
| |
|
15.1 |
Any notice or other communication (including any invoice submitted by us) under the Agreement may be given by us to you either personally to you or by post, fax, email or short message to the address, fax number, email address or phone number provided by you in the Application or such other address, fax number, email address or phone number as you may subsequently notify us in writing. |
|
15.2 |
You shall be deemed to have received any notice given under the Agreement immediately if delivered personally, or transmitted by fax or email, or posted on our website and 48 hours after posting if sent by post. |
|
| |
|
|
16. General Provisions |
| |
|
16.1 |
Unless otherwise agreed by the parties, the Agreement is the complete and exclusive statement of the agreement between you and us in relation to the account(s) specified in the relevant Application. The Agreement supersedes all understandings or prior agreements, whether oral or written, and all representations or other communications between you and us in relation to the account(s) specified in the relevant Application. |
|
16.2 |
You shall not assign, transfer, convey, license or otherwise dispose of any of the rights and obligations under the Agreement whether, wholly or partially unless with our prior written consent. |
|
16.3 |
You agree to indemnify us for all losses, damages or expenses incurred by us in connection with the enforcement of the Agreement against you. |
|
16.4 |
We will not be bound to verify the authenticity or authority of a signature or mark purportedly of or on behalf of you. Any authorized signatory chop, business chop, personal seal, signature or mark appearing on the Agreement shall be binding on you and we are irrevocably authorized to rely on any form, letter or document purportedly signed by or on behalf of you. |
|
16.5 |
No failure or delay on our part to exercise any right, power or remedy under the Agreement shall operate as a waiver thereof nor shall any single or partial exercise by us of any right, power or remedy. The rights, powers and remedies provided herein are cumulative and are not exclusive of any rights, powers or remedies by law. |
|
16.6 |
Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it has been given and it does not affect our rights under the Agreement in any other way. |
|
16.7 |
If a term or condition of the Agreement is prohibited or unenforceable by law it shall be ineffective only to the extent of the prohibition or unenforceability. All other terms and conditions shall remain in full force and effect. |
|
16.8 |
The general service terms are subject to the special service terms (if any) and if there is any inconsistency between them, the special terms shall prevail to the extent of the inconsistency. |
|
16.9 |
The Agreement is governed by the laws of Hong Kong and you submit to the non-exclusive jurisdiction of Hong Kong courts. |
|
16.10 |
The Agreement is available in both English and Chinese and both language versions shall have the same effect. |
|
| |
|
| |
|
| |
|
| |
|
|
Version: 2G006-E (29/02/2016) |
| |
|
| |
|
