All the terms and conditions stipulated in the (General) Contract for the provision of fixed Network Services and Terms and Conditions (“General Conditions”) shall be applicable to the fixed network services (“Services”) provided by China Mobile Hong Kong Co. Ltd. (“CMHK”) to corporate customers (“the Customer”).
CMHK and the Customer agree with each other as follows:
1.1 CMHK agrees to provide Services in accordance with the service order form and supplementary agreement(s) entered between CMHK and the Customer in respect of the Services (comprising the General Conditions, any applicable special conditions and terms and conditions of designated services as amended by CMHK from time to time) (“the Agreement”)..
1.2 The Customer agrees to subscribe the Services in accordance with the Agreement during the term of Agreement and/or the validity period of Services.
1.3 CMHK shall use reasonable care and skill in providing our Services. However, CMHK does not guarantee the continuous or fault free provision of the Service and the provided equipment will never be faulty.
1.4 CMHK will determine the most appropriate means of providing the Service including the method, technology and route of delivery of the Service to the Customer. CMHK is entitled to vary the method, technology and route of delivery at any time without notice to the Customer.
1.5 CMHK may from time to time offer and make available to Customer other service(s) than those hereby provided. The charges of the other service(s) provided could be accessed via hk.chinamobile.com
. CMHK reserves the right to make the final decision on activating, suspending or canceling such service(s)."
1.6 CMHK reserves the right from time to time to use different network technologies and/or associated with any agents or sub-contractors to provide the Service without prior notice and no consent from the Customer is required in this respect.
2.1 The Customer shall pay the deposit to CMHK upon execution of the Agreement (“Deposit”) to secure the due performance and observance of the obligations herein on the part of the Customer (if required). The amount of Deposit shall be determined by CMHK at its sole discretion from time to time. In the event that the Customer subscribes additional services from CMHK, CMHK shall be entitled to request payment of additional deposit from the Customer as it thinks fit. For avoidance of doubts, the additional services subscribed shall be treated as the Services and additional deposit paid shall be treated as part of the Deposit.
2.2 CMHK shall be entitled, without prejudice to any rights or remedies hereunder, to deduct without notice to the Customer, from the Deposit any outstanding amount due to CMHK hereunder or under any of the Customer’s other accounts for the Services or for any loss or damage incurred or sustained by CMHK as a result of any non-compliance or non-performance by the Customer of any terms, conditions or obligations under any agreement for the Services made between CMHK and the Customer. After deduction, CMHK shall be entitled to request further deposit to be paid by the Customer, failing which CMHK shall have the right to forthwith discontinue the provision of any or all of the Services to the Customer and terminate the Agreement forthwith.
2.3 After the termination of the Agreement for whatever reasons, the Deposit shall be used to set-off against all outstanding amounts due to CMHK. The balance of the Deposit, if any, shall be refunded to the Customer without interest within 90 days after termination of the Agreement.
2.4 The Customer acknowledges that payment of the Deposit or making any prepayment for the Services is not without risk. CMHK hereby gives no warranty that in the case of CMHK being liquidated the Customer will be refunded the Deposit or prepayment or any part thereof and that the rights of the Customer to be refunded Deposit or unredeemed prepayment or any part thereof will be governed by the relevant laws and regulations of the Hong Kong Special Administrative Region (“Hong Kong”) from time to time in force.
3. Charges & Billing
3.1 The Customer shall pay all sums of money in full as set forth in the Agreement.
3.2 The service charges payable by the Customer shall commence on the commencement date of the Services. The Services provided under the Agreement is subject to CMHK’ prevailing rate of charges and CMHK reserves its right to vary the rate of service charges at any time as it thinks fit.
3.3 The service charges shall be paid by the Customer monthly in advance, whether demanded or not. Subject to any contrary written provision of CMHK, should the service period be less than one month for any reason (including but not limited to the suspension and/or termination of Services caused by outstanding payment), CMHK is entitled to charge on a full month basis according to the Services. No refund will be made in any event. The Customer may obtain the details of all service charges payable for the relevant period of CMHK where the Customer’s invoice(s) will be posted on a monthly basis or at such interval as CMHK thinks fit. CMHK reserves the right to send Customer’s invoice(s) by post to the Customer in lieu of or in addition to posting the same on the website.
3.4 Time is of the essence relating to Customer’s payment obligations hereunder. Unless otherwise specified, all invoices (posted in whatever form) shall be due on the date specified therein. The Customer shall settle the service charges on or before the due date stated in the invoice, failing which CMHK shall be entitled to levy late charge and/or interest on all overdue services charges from the due date until payment is made in full.
3.5 All payments shall be paid in Hong Kong Dollars. Payment by post or by electronic transactions or the like shall be at the risk of the Customer and no receipt will be given. No payment shall be deemed to have been paid until payment is actually received by CMHK.
3.6 Enquiries or disputes concerning any invoice must be made to CMHK on or before the due date stated in the invoice and nothing herein shall relieve the Customer from paying the services charges on or before the due date stated in the invoice. In the event of dispute relating to the service charges, the books and records kept by CMHK shall be conclusive evidence of the actual amount due by the Customer to CMHK.
3.7 If 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 CMHK in connection with or in preparation for the provision of the Services to the Customer.
3.8 After the expiry of the service period, the Customer agrees to continue to subscribe the Service and to pay the monthly charges based on the price of that Service as published by CMHK from time to time after the service period.
3.9 If the Customer elects to pay by credit card(s) or auto-payment, the Customer hereby authorises CMHK to (as the case may be) auto-debit, charge the Customer’s credit or charge (credit) card with the full amount of such invoice at any time before the due date for payment on the invoice, such authorisation to continue after the expiry date on any such card (and where the Customer is not the cardholder, the Customer hereby agrees to procure such authorisation from the cardholder).
3.10 If a payment due by the Customer to CMHK under the Agreement is not received by the due date specified in the invoice (or if no such date is specified, the date which is 15 days from the date of invoice), the Customer requires to pay the overdue interest with respect to the total overdue amount calculated from the due date until the dare if payment at an interest rate equal to 2% or above the Hong Kong dollars best lending rate of the Hongkong and Shanghai Banking Corporation Limited as current from time to time. CMHK may also impose additional charges to cover its reasonable costs and expenses incurred in recovering outstanding amounts due under the Agreement.
4.1 CMHK may provide to the Customer the relevant equipment (including but not limited to Cable Modem, Network Card, Router, NAT Device and/or Antenna and Accessories) (collectively “Equipment”) for the use of the Service in consideration of a rental fee to be payable by the Customer to CMHK. The said rental fee shall be determined by CMHK at its sole discretion from time to time.
4.2 All Equipments shall remain CMHK's property at all times and the Customer will not acquire any rights or title in them.
4.3 The Customer shall not, nor permit any other person to modify interfere with the Equipment or any identifying marks or numbers on the Equipment.
4.4 The Customer shall:
4.4.1 provide suitable accommodation, utility services and environmental conditions for the Equipment;
4.4.2 use and operate all Equipment in a proper manner;
4.4.3 keep any Equipment on the Customer's premises safe, and shall be liable to CMHK for any loss or damage to the Equipment;
4.4.4 notify CMHK as soon as reasonably practicable of any damage, fault, theft or loss of the Equipment; and
4.4.5 allow CMHK 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.
5. Customer Equipment
5.1 The Customer shall be responsible for obtaining, providing and paying for all telecommunications equipment, computer equipment, software or any other access devices as may be necessary for the use of the Service (collectively "Customer Equipment").
5.2 The Customer shall always ensure that the Customer Equipment be approved for connection to the Service by the relevant government department or other competent authority and the Customer shall always comply with the conditions of such approval. CMHK reserves the right to suspend the Service without notice if the Customer does not fulfill its obligations under this clause or if in the opinion of CMHK such Customer Equipment has / is likely to cause the death of, or personal injury to, any person engaged in the running of CMHK's network or damage to the property of CMHK or impair the quality of any of the Service or any other telecommunications service provided by means of CMHK's network/otherwise.
5.3 CMHK is not liable to the Customer for any delay in provisioning or restoration of the Service if any such delay is caused by the faults of or found to lie with the Customer Equipment.
6. Equipment Warranty
6.1 The Customer agrees that:
6.1.1 with respect to any Equipment, upon termination of the Service, the Customer will make such Equipment available for removal or return it to CMHK in the same condition as originally installed, fair wear and tear excepted or the Customer shall indemnify CMHK for all charges for restoration of such Equipment to such condition. If the Customer does not return such Equipment or make it available for removal by CMHK, the Customer shall be liable for its then current market value.
6.1.2 the title of Equipment will remain with CMHK. The Customer will, however be liable for repair charges or the replacement cost of such Equipment if it is damaged or lost due to any authorized parties’s acts, omissions, theft, negligence, intentional acts, or any other cases. The Customer shall not part with possession or control of such Equipment and the Customer will not permit anyone other than CMHK to carry out any repairs or maintenance to such Equipment. If any such Equipment which proves to be defective under normal use due to defective materials, design and/or workmanship, CMHK shall, at CMHK’s option, either repair or replace the same or the defect part(s) thereof;
6.1.3 with respect to any Equipment, unless otherwise agreed by CMHK, no warranty will be given by CMHK whatsoever or by any other party save and except the warranty (if any) given by manufacturer(s) or vendor(s) of the Equipment concerned; and
6.1.4 this warranty does not include labour costs (except CMHK’s standard installation costs) nor any on-site maintenance.
6.2 The Customer shall indemnify and hold CMHK harmless from and against any and all claims, actions, demands, costs, damages, liabilities, losses and expenses that may be caused or suffered by CMHK or its affiliate when the Equipment is in the Customer’s control custody or possession.
7. Customer’s Obligations
7.1 The Customer shall:-
7.1.1 diligently comply with all the terms and conditions in the Agreement; all applicable laws and regulations; and any additional obligations promulgated by CMHK from time to time;
7.1.2 use its reasonable endeavors to procure the authorized parties to use the Service in compliance with all the terms and conditions in the Agreement; all applicable laws and regulations; and any additional obligations promulgated by CMHK from time to time;
7.1.3 not use the Service, and shall ensure that any authorized parties do not use any Service:
(i) for any improper or immoral purpose or for the purpose of sending any unsolicited advertising material or any material of any obscene or indecent nature;
(ii) in any manner which is unauthorized, fraudulent, unlawful or illegal, whether under any applicable law or otherwise; or
(iii) in a manner which constitutes an infringement by the Customer or CMHK of the rights of any person (including but not limited to intellectual property rights and rights of confidentiality) or an violation or infringement of any duty or obligation in contract, tort or otherwise, to any third party; and
7.1.4 inform CMHK immediately in the event of loss of Equipment for whatsoever reasons, failing which the Customer shall be liable for all charges until such time when CMHK received notice from the Customer and the Services are disconnected by CMHK.
8.1 CMHK is entitled to temporarily suspend any or all of the Services without notice to the Customer upon the occurrence of any of the events as stated in Clauses 7.1.1 to 7.1.4 and/or for the purpose of preventing any improper use of CMHK' network or resources, fraudulent or deceptive acts until CMHK is satisfied that the Customer has ceased such acts or the relevant investigation has been completed.
8.2 Customer must use the Service in a fair manner. CMHK may monitor Customer’s usage of the Service and is entitled to suspend or terminate the Service (or any part thereof) without prior notice if it believes or suspects that there is any unfair use of the Service. Examples of unfair use of Service include but not limited to:8.3 In the reasonable opinion of CMHK, CMHK is entitled to suspend all or part of the Service at any time until further notice if it is necessary to:-
8.2.1 customer’s use may cause an adverse impact on network or other CMHK customers; or
8.2.2 there is any reselling of the Service without prior express consent of CMHK; or
8.3 In the reasonable opinion of CMHK, CMHK is entitled to suspend all or part of the Service at any time until further notice if it is necessary to:-
8.3.1 carry out planned testing, maintenance, repair or upgrading of any equipment or network and CMHK has given the Customer reasonable and practicable notice prior to such circumstances; or
8.3.2 protect the integrity of the network, or to carry out unplanned testing, maintenance, repair or upgrading of any equipment or network.
Under the circumstances specified in this Clause 8.3, CMHK will use reasonable endeavors to ensure that there is minimum disruption to the Service.
8.4 Unless otherwise specified by CMHK in writing, the Customer shall remain liable for all service charges due throughout the period of suspension.
9. Reconnection Fee
9.1 In the event that the Customer requests for reconnection of service, CMHK is entitled to charge the Customer a reconnection fee at CMHK’ prevailing rate.
10.1 Without prejudice to other provisions contained in the Agreement and/or the Service, CMHK may terminate the Agreement and/or the Service at any time or disconnect the Services or any part thereof without notice upon the occurrence of any of the following events if:
10.1.1 the Customer fails to pay any charges and/or Deposit required to be paid hereunder after the due date;
10.1.2 the Customer or any authorized parties commit a breach of any of the terms and conditions contained herein and/or those of the Service;
10.1.3 CMHK reasonably believes that the Customer or any authorized users has used the Service for illegal or improper purpose or any circumstances specified in Clause 7.1.3 ;
10.1.4 the charges for the Services exceed any credit limit specified by CMHK from time to time; or
10.1.5 the information provided by the Customer overleaf is found to be false.
10.2 The Customer may terminate the Agreement by giving 45 days’ written notice in advance to CMHK provided that on the date of termination:
10.2.1 the Customer shall settle all outstanding service charges; and
10.2.2 the Customer shall return the Equipment to CMHK.
10.3 CMHK may terminate the Agreement without cause by giving not less than 45 days’ notice (in writing or through the website) to the Customer.
10.4 Termination here under and/or termination of the Services aims which CMHK may have against the Customer and shall not relieve the Customer from the obligations accrued hereunder prior to the date of termination.
10.5 For the avoidance of doubt, any money and/or charges paid in advance by the Customer will not be refunded to the Customer despite termination of the Agreement and/or the Service for whatever reason.
10.6 If the Customer has registered more than one account in its Business Registration number for the Services and failed to pay any service charges under any one of the accounts, CMHK shall have the right to terminate all the Agreements which are registered under the Customer's name in accordance with Clause 10.1.
10.7 CMHK shall have the right to assign the Customer’s fixed telephone number and IP address for the Services to another Customer of CMHK after the termination of the Agreement and those fixed number does not ported to other operators.
11. Data Protection
and the personal data collection statement(s) applicable to the Services (https://www.hk.chinamobile.com/tc/corporate_information/Customer_Service/contract_terms_conditions/customer-support-privacy.html).
The Customer acknowledges that the personal data (if any) is given to CMHK voluntarily and that it has been afforded the opportunity to ascertain from CMHK’ employees the use of personal data before execution of the Agreement.
11.2 By entering into the Agreement and/or using the Service, the Customer agrees and consents that the name, address, business and telephone phone number or/and e-mail address, etc., may or will be used by CMHK for CMHK’s performance of the Agreement, provision of any or all of the Services related to the Agreement and the Service.
11.3 For promoting and marketing (including direct marketing) the goods and services as specified in the Agreement, CMHK may only use the personal data when the Customer shows its valid consent in the Agreement or other possible situations. If the Customer does not wish to receive any such promotional or marketing materials, the Customer shall advise CMHK by written notice or call CMHK's customer service hotline.
11.4 The Customer acknowledges and agrees that its personal data collected may/will be disclosed only to CMHK’s authorized employees, agents, business partners, contractors/sub-contractors (including without limitation to debt collection agent, financial institutions, external carriers, overseas telecommunications operators or credit reference agent) who is/are engaged or appointed for the purpose of performing the Agreement by CMHK.
11.5 The Customer acknowledges that CMHK is obliged to release the Customer’s personal data to government authorities who are entitled to collect such data from CMHK under the Personal Data (Privacy) Ordinance and/or other relevant legislation.
12.1 Customer agrees to indemnify and hold CMHK and its subsidiaries, affiliated companies, executives, agents, employees, co-branders, partners and their employees not liable for any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of contents Customer or any authorized user submits, posts, transmits or otherwise makes available through the Service and use of the Services, connection to the Service, violation of the Agreement and any applicable laws and regulations of the Customer or any authorized user.
13. Limitation of Liability
13.1 To the largest extent permitted by law, the aggregate liability for CMHK for damages shall not exceed the actual total payment made by Customer for the Service immediately preceding six (6) months prior to any incident giving rise to a claim.
13.2 CMHK will not be liable for any delay or failure in the performance under the Agreement due to an event beyond the reasonable control of CMHK, including but not limited to, act of God, act of third party vendor or supplier, labour disputes, or mechanical or electrical breakdown (“Force Majeure Event”).
13.3 CMHK disclaims any liability for (i) any damage to or loss of data, software and/or hardware pre-installed in the Customer’s Equipment; (ii) any claim for any direct or indirect loss of revenue, profit or any consequential loss whether of economic nature or any such loss the Customer or any third party may suffer as a result of error, disruption and/or computer virus introduced into the Customer’s Equipment; and (iii) any claim for the disruption or suspension of the Customer’s Equipment or any part thereof.
13.4 CMHK exercises no control and shall not accept any liability whatsoever over the content passing through the Services. CMHK makes no warranties of any kind including without limitation to fitness for purpose, quality standard or continuity, whether expressed or implied, for the Services it is providing and in particular disclaims any responsibility for the accuracy or quality of information obtained through its Services. CMHK will not be responsible for any damage in relation to the Services including loss of data, voice or other information resulting from delays, non-deliveries, mis-deliveries, or service interruptions.
13.5 The Customer fully understands and accepts that the Services will fail, be interrupted, delayed or suspended in circumstances of power failure or for any other instances that are beyond CMHK’s reasonable control. CMHK shall in any such case resume the provision of the Service at best effort reasonably possible. CMHK shall not in any way be held liable for any loss and damage arising out of such failure, interruption, delay and suspension directly or indirectly. CMHK makes no warranty as to the quality and availability of the Services and accepts no liability in relation thereto.
13.6 The Customer agrees to keep the PIN and/or password confidential and be responsible for any and all use of the Services using the Customer's PIN and/or password, if applicable. If the Customer believes that its PIN or Password has been lost or stolen, the Customer should immediately notify CMHK and the Customer shall be liable for all charges and cost incurred until the Services are being suspended by CMHK.
14.1 CMHK retains the right, to be exercised in its absolute discretion and without assigning any reason, to accept or reject any application for Services, other special promotional packages and/or privileges from time to time offered by CMHK.
14.2 The Agreement embodies the entire understanding between the parties relating to this subject matter. Any representations and promises oral or written are hereby withdrawn and revoked.
14.3 In the case of the Customer being a corporation, the Customer warrants that the persons executing the Agreement and incidental documents has express authority to do so on its behalf.
14.4 CMHK reserves the right to vary, delete or amend any of the terms and conditions herein contained from time to time provided prior thirty (30) days written notice has been given to the Customer (for such purpose the posting of the amendments and/or deletion on the web-site of CMHK shall suffice as written notice) to that effect.
14.5 CMHK may assign the whole or any part of the Agreement and/or the Service to any other party or parties at any time. The Customer shall not without the consent of CMHK assign the rights and obligations of the Agreement to any other party.
14.6 Unless otherwise stated, any notice to be given by CMHK to the Customer may be either personally delivered to the Customer or by SMS to any of his or her registered numbers, ordinary post, email or facsimile to the address specified overleaf or any address as notified by the Customer. Such notice shall be deemed to have been received by the Customer twenty-four (24) hours after dispatch if personally delivered or by postal service or immediately if transmitted by SMS, facsimile or email.
14.7 In the event that the Customer files a complaint with CMHK that he/she has received Unsolicited SMS/MMS or Unsolicited IOSMS/IOMMS - Promotional Nature, the Customer shall provide CMHK with all the necessary information on the Unsolicited SMS/MMS or Unsolicited IOSMS/IOMMS-Promotional Nature such as the date and time of the receipt of such message(s), full originating address and the contents of the message before CMHK is obliged to pursue the complaint.
14.8 Upon the expiry of the Agreement for the Services, if Customer has not indicated to CMHK of its decision either to (a) renew, extend or replace the agreement for Services or (b) terminate the Services, CMHK shall continue to provide the Services on the same terms and conditions (or other terms and conditions as CMHK may think fit) at the prevailing market rate on a month-to-month basis until the Services are terminated by Customer in the manner prescribed in the original agreement for the Services. However, unless otherwise agreed, all discounts, offers, privileges, rebate and/or gifts in the existing agreement will not apply to the said monthly periods.
14.9 Unless otherwise stated in the Agreement, a person who is not a party to the same shall have no rights under the Contract (Rights of Third Parties) Ordinance, Cap. 623 to enforce the Agreement or any part thereof.
14.10 CMHK reserves the right of final decision on any dispute regarding the Agreement.
14.11 The Agreement shall be construed in accordance with the laws of Hong Kong Special Administrative Region and any disputes shall be submitted to the exclusive jurisdiction of Hong Kong.
14.12 Any notice required to be given by CMHK to Customer may be given by CMHK by email (firstname.lastname@example.org). Any such notice shall be deemed to have been received and given at the time when in the ordinary course of transmission, it should have been delivered at the address to which it was sent.