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General Terms and Conditions
The Customer shall observe and be bound by the following
terms in relation to the provision of Services by Hutchison:
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1. DEFINITIONS
Unless otherwise stated, the following words and expressions
shall have the following meanings:
| "Agreement" |
the Application, the General Terms
and the Special Terms. |
| "Application" |
any oral, written or on-line application
or any other means of application as permitted by
Hutchison, made by the Customer requesting provision
of the Services and/or the Equipment. |
| "Charges" |
the charges for the Services charged
by Hutchison from time to time including but not
limited to any fees or charges referred to as, or
for, connection, subscription, monthly charges,
usage, Government licence fee, administration, any
sum due under the Agreement or such other fee which
may be announced or published by Hutchison for provision
of any of the Services from time to time. |
| "Customer" |
the customer specified in the Application.
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| "Day" |
shall include public holidays and
Sundays. |
| "Equipment" |
(where applicable) the equipment (including
hardware and software and whether provided by Hutchison
or not) Hutchison uses to provide the Services including
but not limited to equipment provided by Hutchison
which is installed or placed at the Customer's premises
or equipment supplied by Hutchison to the Customer
under the Application (if any). |
| "General Terms" |
the terms and conditions set out herein
as amended from time to time. |
| "Licence" |
Licence or Licences issued by the
telecommunications Authority to Hutchison for provision
of the relevant Services. |
| "Hong Kong" |
Hong Kong Special Administrative Region
of the People's Republic of China. |
| "Hutchison" |
in relation to the provision of fixed
telecommunications network services and equipment
and such other services provided pursuant to or
under its Fixed telecommunications Network Services
Licence, Hutchison Global Communications Limited;
|
| "Messages" |
has the meaning given to it in the
telecommunications Ordinance (Cap. 106) of Hong
Kong. |
| "Networks" |
the public telecommunications networks
and systems by which Hutchison makes the relevant
Services available. |
| "Person" |
shall include companies, sole proprietorships,
partnerships and other bodies corporate. |
| "Services" |
services applied for by the Customer
in the Application and such other services as otherwise
ordered by the Customer and agreed to be provided
by Hutchison from time to time. |
| "Special Terms" |
those supplementary terms and conditions
(if any) specifically applicable to the relevant
Services from time to time as stipulated by Hutchison.
|
| "telecommunications Authority" |
has the meaning set out in the telecommunications
Ordinance (Cap 106) of Hong Kong. |
2. AGREEMENT
The Agreement between Hutchison and the Customer is
effective upon the acceptance by Hutchison of the Application
(either by the commencement of provision of the Services
to the Customer, by Hutchison taking any action in connection
with or in preparation for (whether or not to the knowledge
of the Customer) the provision of the Services or by
other means as determined by Hutchison and notified
to the Customer from time to time). The Agreement shall
continue in force until terminated in accordance with
the terms and conditions of the Agreement.
3. FEES AND CHARGES
The Customer agrees that :
- a. Should the Customer cancel the Services after
the Agreement has come into effect but before the
rendering and/or billing of any Services, the Customer
shall, notwithstanding the cancellation, be liable
for all costs, expenses and/or fees incurred by Hutchison
in connection with or in preparation for the provision
of the Services to the Customers.
- b. Payment is due on the payment due date specified
in Hutchison's bill or, if no date is specified, on
the date 14 days after the issue date of the bill
by Hutchison. The Customer shall pay the full amount
of such bill (including without limitation all applicable
taxes, tariffs, duties or impositions of a similar
nature imposed by any government or other authority)
without set off or deduction. If full payment has
not been made on that date, Hutchison may charge interest
on all sums outstanding at the rate of 2% per month
on a daily basis from the date the payment was due
to the date full payment is received by Hutchison
and charge the Customer a collection agent fee and
handling fee as Hutchison shall deem fit.
- c. Hutchison may bill the Customer for subscription
or monthly Charges in advance on monthly or quarterly
basis and for Charges (if any) in arrears on monthly
basis. Hutchison reserves the right to amend the billing
period and to submit interim bills to the Customer.
The connection Charge (if applicable) will be included
in the first bill to the Customer.
- d. The Customer shall be liable for all Charges
whether the Services in relation to such Charges were
used by the Customer or by any other third party with
or without the Customer's authority knowledge or consent.
Unless otherwise expressly stated or decided by Hutchison,
pre-paid Charges are non-refundable.
- e. Hutchison may vary the Charges and introduce
new Charges at any time and in accordance with the
relevant Licence (if applicable).
- f. Hutchison may require the Customer to provide
a deposit as security for the Customer's payment of
any sums due to Hutchison and may at any time vary
the amount of such deposit's amount at Hutchison's
discretion. Hutchison may apply such deposit to reduce
or pay any sums due to Hutchison on whatsoever account
at any time. The Customer shall fund up the deposit
by paying an amount equals to the reduced amount into
the Customer's account as may be required by Hutchison
from time to time. No interest shall accrue on any
deposit held by Hutchison. Any deposit remaining following
termination of the Agreement will be returned to the
Customer after deducting any such sums due to Hutchison
provided that the deposit is claimed by the Customer
in writing within 3 months of the date of termination.
- g. Hutchison reserves the right to apply a credit
limit from time to time for Charges incurred by the
Customer and to suspend access to the Services, in
whole or part, if the limit is exceeded.
- h. Hutchison may transfer or apply any credit balance
of the Customer to settle any amount owed by the Customer
to Hutchison whether under the Agreement or any other
arrangement between the Customer and Hutchison. The
Customer hereby authorises Hutchison to make payment
on his or her behalf out of such credit balance (if
any) to set off any amount in any account owed by
the Customer to Hutchison from time to time. The Customer
agrees that any credit or payment information held
by Hutchison about the Customer is held for the purpose
of this paragraph h.
- i. The Customer acknowledges that Hutchison's agent
may bill the Customer on behalf of Hutchison and such
bill will be valid as if rendered by Hutchison and
that bill will not prejudice any right of Hutchison
to subsequently claim against the Customer.
- j. The Customer agrees that unless otherwise expressly
provided no unused "free minutes/hours/talktime" (if
any) as specified in the Application, tariff or service
plan selected by the Customer (or otherwise allotted
to the Customer) may be carried forward to the following
month and that no credit or refund is available in
respect of any time when all or part of the Services
are inoperable, limited, suspended, or otherwise unavailable
to the Customer.
- k. In case of disputes over any usage or other Charges,
Hutchison's decision based on its Services usage records
and those of any third party who may assist Hutchison
to provide the Services shall be final and binding
on the Customer.
- l. If any Charges stated in any bill is not queried
within 15 days of the date of the bill then it will
be deemed accepted by the Customer.
4. PROVISION OF SERVICES
- a. Hutchison will use its reasonable efforts to
provide the Services. However, Hutchison may suspend
the Services in whole or in part at any time without
notice if:-
(i) Hutchison considers it necessary to safeguard
provision of the Services or the integrity of the
Networks; or
(ii) the Networks or the Equipment fail or require
modification or maintenance; or
(iii) in Hutchison's reasonable opinion, there is
or has been unauthorised, unlawful or fraudulent use
of the Services or the Customer's use of the Services
or Equipment is causing or may potentially cause damage
or interference to the Networks or Equipment; or
(iv) it is necessary to comply with a direction or
request of the Office of the telecommunications Authority
or other competent authority. The Customer shall remain
liable for all Charges during the period of suspension
unless, in Hutchison's reasonable discretion, Hutchison
decides otherwise.
- b. Hutchison may temporarily disconnect the Services
in whole or in part, at any time without notice if
the Customer does not comply with any of the terms
of the Agreement or in any circumstances where Hutchison
will be entitled to terminate the Agreement. The Customer
will remain liable for all Charges prior to such disconnection.
Hutchison reserves the right to charge for reconnection
and require revised terms and conditions including
terms of payment.
5. TERMINATION OF AGREEMENT
- a. Either party may terminate the Agreement by giving
one month's written notice to the other. b. Hutchison
may terminate the Agreement in whole or in part or
any Services or any part thereof immediately, if in
Hutchison's opinion:
(i) the Customer has failed to pay Hutchison any sums
due by the Customer to Hutchison on the due date;
or
(ii) the Customer is in breach of any of the terms
of the Agreement or fails to comply with any reasonable
requirement of Hutchison in relation to the use of
the Networks or Services; or
(iii) the Customer becomes insolvent or bankrupt or
Hutchison has reasonable cause to believe that the
Customer is unable to pay the Charges; or
(iv) there is any unauthorised modification, alteration
or tampering with the Equipment used by the Customer
in conjunction with the Services, including the copying
of any electronic serial number or other information
comprised therein; or
(v) there is fraud, misuse or unauthorized use of
the Services by any person, regardless of whether
the Customer consented to or had knowledge of such
fraud, misuse or unauthorized use; or
(vi) Hutchison ceases to make the Networks (if applicable)
or the Services or any part thereof available for
any reason; or
(vii) any of the information provided by the Customer
under or pursuant to the Agreement is found to be
false or Hutchison has reasonable ground to believe
that such information is false or inaccurate.
- c. Where the Customer has subscribed for more than
one Service or has more than one account with Hutchison,
Hutchison shall have the right to forthwith terminate
or temporarily disconnect the Services in whole or
part if any Charges for any of the Services or under
any of the Customer's accounts with Hutchison remain
unpaid after becoming due.
- d. Termination of the Agreement will not affect
any rights or liabilities of the parties which have
arisen prior to the date of termination.
6. LIMITATION OF LIABILITY
- a. Subject to paragraphs below :
(i) Hutchison shall not be liable to the Customer
in the event that Hutchison is unable to perform an
obligation or provide the Services to the Customer
because of any factor outside Hutchison's control
(including without limitation acts of God, industrial
action, default or failure of a third party, governmental
action), interruption of Services or Hutchison's refusal
to provide Services pursuant to the provisions of
the Agreement.
(ii) All conditions, warranties and representations
implied by law in relation to the provision of the
Equipment and the Services by Hutchison are excluded
unless otherwise specified in the Agreement. Without
limitation to the foregoing, Hutchison shall not be
liable to the Customer for any failure, delay, malfunction
or non-performance of the Services or the Equipment
or any function relating thereto directly or indirectly
due to the advent of year 2000.
(iii) In no event will Hutchison, its employees, agents
or sub-contractors be liable for any loss incurred
by or any damage howsoever caused to the Customer
or any Person arising out of or in connection with
the Agreement or any Services or Equipment provided
or omitted to be provided under the Agreement, whether
in contract, tort or otherwise and, whether direct
or indirect, consequential or contingent, and whether
foreseeable or not, including without limitation any
financial loss or loss of business, profit, savings,
revenue, data, goodwill or use of any equipment.
(iv) Without limiting paragraphs (ii) and (iii) above,
Hutchison and other third party suppliers including
without limitation any information provider shall
not be under any liability whatsoever (whether in
tort or contract or otherwise) to the Customer or
to any Person for any cost, expense, loss, damage
or compensation arising out of or in connection with
any incorrect record, omission, transmission, communications,
mixing or divulging of Messages or any destruction
of Messages.
- b. Any claim by the Customer against Hutchison arising
out of the Agreement must be notified in writing to
Hutchison within one year of the incident giving rise
to such claim failing which the Customer will be deemed
to have waived the Customer's rights in respect of
such claim.
- c. Nothing under this Clause 6 shall limit or exclude
Hutchison's liability which is not permitted to be
limited or excluded under Hong Kong law.
- d. Hutchison's employees, agents and sub-contractors
shall have the benefit of the rights, exclusions and
limitations of the provisions in this Clause 6 as
if such provisions were expressly for their benefit.
To the extent of this Clause 6, Hutchison is entering
into the Agreement not only on its own behalf, but
also as agent and trustee for such employees, agents
and sub-contractors.
7. ALLOCATION OF NUMBERS
The Customer will not acquire any rights in any numbering
issued or assigned to the Customer including without
limitation to Station A-call/private page telephone
number or other telephone, mobile or personal number
and Hutchison reserves the right to modify, withdraw,
change or reallocate such number, subject to contrary
directions by the telecommunications Authority and any
contrary terms contained in the Licence. Hutchison will
endeavour to give the Customer prior written notice
as may be reasonable and practicable in the circumstances
unless such modification, withdrawal, change or reallocation
is due to termination or suspension of the Services
in accordance with the Agreement.
8. THE CUSTOMER'S RESPONSIBILITY
The Customer agrees that:
- a. The Customer shall not use the Services for any
improper, immoral, defamatory or unlawful purpose
or for any unsolicited advertising messages or promotions
nor allow others to do so.
- b. The Customer shall only use Equipment approved
for use with the Networks and comply with all relevant
legislation or regulation relating to its use.
- c. The Customer shall not act in such a way that
the operation of the Networks or other lawful telecommunications
services or equipment or the provision of Services
will be jeopardized or impaired.
- d. The Customer will not disclose to any Person
any personal identification number or password or
login ID issued by Hutchison to the Customer or any
other access method authorised by Hutchison in writing
from time to time, as the case may be, for use in
conjunction with the Services. If the Customer becomes
aware of any unauthorised access to the Services by
any Person using the personal identification number
given to the Customer, or if the Customer believes
that the personal identification number given to the
Customer has been lost or stolen, the Customer shall
notify Hutchison immediately. Hutchison shall not
be liable for any loss or damage the Customer sustains
by reason of any such access to the Services or any
such use of the Customer's personal identification
number, login ID or password, as the case may be.
- e. The Customer shall pay all licence fees payable
from time to time to the Hong Kong Government in connection
with the Customer's use of the Services and/or Equipment
(if applicable) to Hutchison at the time(s) specified
by Hutchison.
- f. The Customer shall comply with Hong Kong law,
other applicable law and the reasonable instructions
of Hutchison relating to the Customer's use of the
Services.
- g. At the time of application for the Services,
the Customer shall supply to Hutchison its correct
and complete information (including without limitation
name, address, telephone number, identity card number
or business registration certificate number as may
be required) and notify Hutchison of any change or
alteration to that information in writing as soon
as practicable.
- h. The Customer will not acquire any rights or interest
in any information obtained through information services
subscribed to by the Customer, and agrees that the
Customer will not re-distribute or disseminate such
information to any third party. The Customer further
agrees that such information shall be for its own
personal use only and that it shall not use the same
either in whole or in part for any illegal or improper
purpose.
- i. The Customer shall forthwith notify Hutchison
in writing in the event that the Customer changes,
suspends or ceases to use any telephone, mobile or
personal number (whether it is assigned by Hutchison
or not) which is registered with Hutchison for the
purpose of enabling Hutchison to provide the Services.
The Customer shall fully indemnify Hutchison for all
its costs, expenses, claims, demands, loss and damages
suffered or incurred due to the Customer's failure
to notify Hutchison as required in this paragraph
i.
9. SUSPENSION OF SERVICES
If the Customer wishes to request suspension of the
Services for a temporary period, not less than 7 days'
prior written notice to such effect duly signed by the
Customer personally shall be given to Hutchison. Hutchison
may in its absolute discretion either accept or reject
such request. The Customer shall continue to be liable
for the Charges incurred in accordance with the Agreement
until the request is accepted and the Services are suspended
by Hutchison. Hutchison may upon the Customer's request
but subject to Hutchison's sole discretion and payment
by the Customer of all outstanding charges, an administration
fee in an amount fixed by Hutchison from time to time
and one month's monthly Charges in advance reconnect
the Services.
10. PERSONAL INFORMATION
The Customer acknowledges and agrees that all information
supplied to Hutchison in relation to the Agreement will
be subject to the policies and practices of Hutchison
under the Personal Data (Privacy) Ordinance.
11. GENERAL PROVISIONS
- a. Unless otherwise stated in the Special Terms
(if any), the Agreement is the complete and exclusive
statement of the agreement between the Customer and
Hutchison in relation to the account(s) as specified
in the relevant Application. The Agreement supersedes
all understandings or prior agreements, whether oral
or written, and all representations or other communications
between the Customer and Hutchison in relation to
the accounts as specified in the relevant Application.
- b. The Customer shall not assign, transfer, convey,
licence or otherwise dispose of any of the rights
and obligations under the Agreement whether, wholly
or partially unless with the prior written consent
of Hutchison.
- c. The Customer agrees to indemnify Hutchison for
all losses, damages or expenses incurred by Hutchison
in connection with the enforcement of the Agreement
against the Customer.
- d. Hutchison will not be bound to verify the authenticity
or authority of a signature or mark purportedly of
or on behalf of the Customer. Any authorised signatory
chop, business chop, personal seal, signature or mark
appearing on the Agreement shall be binding on the
Customer and Hutchison is irrevocably authorised to
rely on any form, letter or document purportedly signed
by or on behalf of the Customer.
- e. Any bill or written notice from Hutchison to
the Customer will be sent to the address or facsimile
number shown on the Application or such other address
or facsimile number or e-mail address as the Customer
may subsequently notify Hutchison in writing and such
bill or notice shall be deemed served/received by
the Customer within 48 hours of posting or immediately
upon faxing if the transmission report indicates that
the fax transmission was successful or immediately
upon sending the e-mail.
- f. No failure or delay on the part of Hutchison
to exercise any right, power or remedy under the Agreement
shall operate as a waiver thereof nor shall any single
or partial exercise by Hutchison 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.
- g. Any waiver, concession or extra time Hutchison
may allow the Customer is limited to the specific
circumstances in which it has been given and it does
not affect Hutchison's rights under the Agreement
in any other way.
- h. 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.
- i. Hutchison reserves the right to vary, delete,
amend or add to the terms and conditions of the Agreement
from time to time and such revision and/or addition
shall become effective when published in accordance
with the Licence requirement (if applicable), or displayed
or notified the Customer in any manner as Hutchison
thinks fit, irrespective of whether the Customer has
actual notice or knowledge thereof. Continued use
of the Services after the effective date will constitute
acceptance by the Customer of such revision and/or
addition without reservation.
- j. The General Terms are subject to the Special
Terms (if any) and if there is any inconsistency between
them, the Special Terms shall prevail to the extent
of the inconsistency.
- k. The Agreement is governed by the laws of Hong
Kong and the Customer submits to the non-exclusive
jurisdiction of Hong Kong courts.
- l. The Agreement is available in both English and
Chinese. In the event of any inconsistency, the English
version shall prevail.
SPECIAL
TERMS AND CONDITIONS FOR FIXED NETWORK SERVICES
In addition to the General Terms and Conditions of Hutchison,
the Customer shall also observe and be bound by the
following terms and conditions in relation to the provision
of fixed network services by Hutchison.
1. DEFINITIONS
Unless otherwise stated, words and expressions used
in the following terms and conditions shall have the
same meaning ascribed to them in the General Terms of
Hutchison.
2. EQUIPMENT
- a. All Equipment shall remain Hutchison's property
at all times and the Customer will not acquire any
rights or title in them.
- b. The Customer shall not, nor permit any other
person to alter, remove, add to, or otherwise interfere
with the Equipment or any identifying marks or numbers
on the Equipment.
- c. The Customer shall :
(i) provide suitable accommodation, utility services
and environmental conditions for the Equipment;
(ii) use and operate all Equipment in a proper manner;
(iii) keep any Equipment on the Customer's premises
safe, and shall be liable to Hutchison for any loss
or damage to the Equipment;
(iv) notify Hutchison as soon as reasonably practicable
of any damage, fault, theft or loss of the Equipment;
and
(v) allow Hutchison's employees, agents or sub-contractors
to enter upon the Customer's premises for the purposes
of inspecting, repairing, maintaining and/or removing
the Equipment and shall provide safe access to and
safe working conditions at the Customer's premises.
- d. In addition to the General Terms, Hutchison may
suspend or terminate the Agreement, in whole or in
part, immediately upon written notice to the Customer
if the Customer does not provide Hutchison with the
reasonable and safe access to the Customer's premises
as required by the Agreement.
- e. Upon termination of the Agreement, the Customer
shall:
(i) immediately cease to use the Equipment and the
Services; and
(ii) permit or procure permission for Hutchison to
remove any of Hutchison's Equipment from the Customer's
premises and to terminate the Services at any reasonable
time.
3. DIRECTORY INFORMATION
- a. The Customer is deemed to have consented to the
inclusion of his name, address, business and telephone
number(s) in Hutchison's directory in any medium for
providing directory enquiry services unless the Customer
requests in writing that such information not be listed
in Hutchison's directory and directory enquiry database
when making the Application or at any time thereafter.
- b. Hutchison shall not be liable to the Customer
or any other Person for loss or damage (whether direct
or indirect) resulting from delay or failure to provide
directory information services or a public emergency
call service or in connection with number porting
arrangements except to the extent required by law.
All references to the General Service Terms and Conditions
in the telecommunications services and tariffs previously
published by HGC shall be deemed to be referred to the
General Terms and Conditions and the Special Terms and
Conditions for Fixed Network Services as published from
time to time.
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