CMHK Home Broadband Terms and Conditions

1. Broadband Services

1.1 The Customer is deemed to have read, understood and accepted all Terms and Conditions as set forth herein and as may be amended from time to time when applying and using the Broadband Services and the Equipment or any access devices and/or related services provided by China Mobile Hong Kong Company Limited ("CMHK") and/or the third party provider of Broadband Services ("Broadband Services").

1.2 The Broadband Services provided are solely for Customer's personal, residential use and Customer shall not use Broadband Services for any commercial purpose. CMHK shall have the right to determine, in its sole discretion, what constitutes a "non-residential" or "commercial" purpose. If CMHK reasonably believes that the Customer uses the Broadband Services for non-residential or commercial purpose, CMHK reserves the right to terminate the Broadband Services forthwith.

1.3 Unless otherwise provided, words and expressions used herein shall have the same meaning ascribed to them in "The (General) Contract for the Provision of Telecommunication Services and Purchase of Handset Terms and Conditions" (the "General Terms and Conditions" or "General Contract").

1.4 CMHK reserves the right and discretion to make modifications, deletions, additions and/or terminate this Agreement (including but not limited to any of the terms and conditions mentioned or relevant as stated herein), or alter the fees or charges, for the provision of the Broadband Services and all applicable terms and conditions ("Changes:) at any time. CMHK will notify the Customer of such Changes thirty (30) days prior to such Changes being effective through the CMHK's Website or written notice. Users' continued use or access to the Broadband Services conclusively demonstrate their unequivocal and irrevocable acceptance of these Changes.

1.5 Unless specified otherwise, each offer is standalone and cannot be used in conjunction with other promotional offers.

1.6 The Customer is required to pay the monthly fee and other associated fees for broadband-related services ("Fees") via credit card/bank account autopay during the Contract Period. 

1.7 The Customer agrees and authorizes CMHK to charge the Fees by credit card/bank account autopay. If the relevant credit card or bank account autopay service is cancelled during the Contract Period, the Customer agrees and undertakes to provide valid alternative credit card or autopay information within three (3) days, failing which the Broadband Services will be suspended.  

1.8  Customer expressly agrees CMHK shall have the right to send, attach, deliver, communicate, distribute or display advertisements, messages or other information in such form and manner as it shall deem appropriate on the screen or to the media through which the Customer access the Broadband Services from time to time.

1.9 "UTV TV Box" (Only applicable to the customer who is specified at additional supplementary agreement ("Eligible Customer"))

1.9.1  After Eligible Customer successfully registered and activated the Broadband Services, one UTV TV Box will be delivered to the installation address of the Broadband Services listed in this Agreement within 30 days through courier service.

1.9.2  The courier service is provided by third parties. CMHK will not guarantee anything of the courier service, including but not limited to the accuracy, the delivery date, whether the delivery is successful, etc. The actual delivery time will depend on the volume and the delivery time required by the courier company at the time. CMHK does not assume any responsibility for any loss of delivery, delay or any error or damage caused by the courier service. If there is any erroneous information provided by the customer, including but not limited to designated delivery address, or if the goods are delivered but without proper receipt and need to be sent again, CMHK reserves the right to impose additional delivery charges or any other reasonable levies.

1.9.3 Eligible Customers shall agree and undertake not to use the UTV TV Box for the following purposes:

(a) Engage in or permit any infringement of copyright or other intellectual property rights;

(b) For any illegal, inappropriate, obscene or defamatory purpose or any other purpose not permitted by CMHK.

(c) The UTV TV Box is only for the personal use of the Customer, and any content obtained from the service must not be copied, resold, shared with others, recorded or forwarded; or

(d) Any other usage that has materially adverse impact to the Broadband Services, CMHK's business operations or reputation.

1.9.4 If it is found that the Eligible Customer is suspected of, engaged in or started any fraudulent, dishonest, illegal or inappropriate use of the service, or any usage that is contrary to these Terms and Conditions, CMHK has the right to permanently or temporarily suspend the use of the Broadband Services, any part of the services or any related services provided by CMHK to prevent or stop these behaviors.

1.9.5 UTV TV Box is a set-top box for the content provided. It is NOT any form of router nor modem. For the avoidance of doubt, unless otherwise expressly stated or expressly provided as additional offer, this Broadband Services will not offer any kind of other gift, nor any kind of router nor modem.

1.9.6 Selected broadband service plan can enjoy free UTV TV Box. Stock of the Products is limited, which depends on the stock of CMHK on a first come first serve basis. No replacement, refund, compensation or switching to any other products or offers will be available.

1.10 The Customer acknowledges and agrees that the Broadband Services and all relevant services mentioned in these Terms and Conditions can be provided by CMHK or any alternative third party.

2. Customer's Obligations

2.1 Basic Installation Fee HKD$680 will be charged when the Customer is committed to a twelve (12) months' Broadband Services contract. Basic Installation Fee HKD$680 will be conditionally waived provided that the Customer is committed to a twenty-four (24) months or above's Broadband Services contract.

2.2 The optical network terminal, adaptor, optical fibre or other related equipment provided by CMHK will be lent to the Customer. The Customer further agrees that said equipment shall not be lent or transferred to any third party and that the Customer shall not forfeit or otherwise give up possession and custody of the said equipment, unless the Customer obtains prior specific written authorization from CMHK. The Customer shall at all times use the said equipment with due care and in a proper manner. 

2.3 The Customer shall use the Broadband Services in accordance with this Agreement as they may be updated from time to time.

2.4 The Customer shall provide true, accurate, up-to-date and complete personally identifiable information as required.

2.5 The Customer shall notify CMHK of any changes in the personal information by phone or in writing.

2.6 The Customer may upgrade the Broadband Services to other Broadband Services Plan(s) by providing notice to CMHK at least two (2) business days (“Business Day" means a day, other than a Saturday or a Sunday or a public holiday of Hong Kong) before the next billing date of the "Billing Month”.  If the Customer is unable to provide notice promptly in accordance with such requirement, the change will become effective only upon the first date of next "Billing Month" cycle.

2.7 Upon the expiry of the Contract Period, the Broadband Services will automatically be provided to the Customer on a monthly basis and the Standard Monthly Fee of the Broadband Services being subscribed will automatically apply (based on prevailing Standard Monthly Fee).

2.8 The Customer can select the service activation date when subscribing to the Broadband Services, the service activation date must be within 365 days after successful installation. Standard Monthly Fee will be charged from the service activation date.

2.9 Customer shall provide and ensure its residential environment, or the environment and settings of his designated location for installation of Broadband Services is suitable for such installation; Customer shall also contact the CS service of CMHK or its technical staff in advance, to make sure the Customer himself understands the installation requirements of the Broadband Services. If the Broadband Services' installation or activation fails in any circumstances, Customer shall be solely liable for all the effect and consequences.

2.10 If the Customer terminates the Broadband Services after successful installation and before the service activation date, the Customer will be subject to the Early Termination Fee as set forth in Clause 3.4. If the Customer terminates the Broadband Services after successful installation and before the service activation date as a result of moving to area without CMHK Broadband Services coverage, the Customer will be subject to the Early Termination Fee as set forth in Clause 3.7.

2.11 If the Customer for any reason cannot successfully install or activate the Broadband Services within 365 days from subscription of the Broadband Services, it shall be deemed as early termination by the Customer. The Customer will be subject to an Early Termination Fee as set forth in Clause 3.4 herein.

3. Suspension and Termination

3.1 The Customer shall note that CMHK reserves the right to suspend the Broadband Services at any time without prior notice if the Customer fails to settle the invoice on time despite one warning having been given to the Customer through phone, email or written notice. If any outstanding amount owing remains unsettled by the Customer during the suspension of the Broadband Services, CMHK may terminate the provision of the Broadband Services, and the Customer shall still be liable and to repay and settle all outstanding sums.

3.2 Termination of the Broadband Services does not affect the Customer's obligation to pay all amount due incurred for the use of the Broadband Services and the obligation to pay any other Fees and costs and other amount due incurred prior to termination.

3.3 Except Clause 3.1, the Customer may terminate the Broadband Services by giving written notice to CMHK at least thirty (30) days prior to the requested termination date.

3.4 If the Broadband Services is terminated prior to the end of the  Contract Period, the Customer will be subject to an Early Termination Fee as set forth herein below:

Fulfilled Contract Period

Early Termination Fee

Less than 12 months

Handling Charge (HKD$680.00)

+

Remaining Contract Period x Standard Monthly Fee

12 months and above 

Remaining Contract Period x Standard Monthly Fee

3.5 If the Customer re-installs the Broadband Services after termination of the same, Re-installation Costs of HKD$680.00 (or the prevailing fee of the Re-installation Costs) will apply.

3.6 If the Customer requires re-installation of the Broadband Services due to any change of installation address, Relocation Costs (or the prevailing fee of the Relocation Costs) will apply.

(1).  Broadband Service: $400

(2).  Broadband and Home Telephone service: $680

3.7 If the Customer terminates the Broadband Services as a result of relocating to a residential address in Hong Kong or any address (if applicable) without Broadband Services' coverage, the Customer will be subject to an Early Termination Fee as set forth herein below:

Fulfilled Contract Period

Early Termination Fee

Less than 12 months 

Handling Charge (HKD$680.00)

+

(The premium (and/or gift) value (if applicable) /

Contract Period) x Remaining Contract Period

 

Eg.: Premium  (and/or gift) is worth HKD$2400.00, the Contract Period is 24 months, 15 remaining months of the Minimum Subscription Period, calculation is as follows:

 

HKD$2,400.00/24 x 15 = HKD$1,500.00

 

Price of premium may vary. Price quoted by CMHK shall prevail.

12 months and above 

(The premium value (if any)/Contract Period) x Remaining Contract Period

3.8 In the event of termination of the Broadband Services by the Customer, the Customer shall return the Equipment which shall be in good usable condition (fair wear and tear excepted) to CMHK shops in person and bring along the identity document for verification. The Customer can authorize third parties to return Equipment by signing the Authorization Letter of Third-Party if the Customer cannot return the Equipment in person. If the Customer cannot return the Equipment within 14 days from the date of termination, the Customer acknowledges and agrees that the Equipment shall be deemed by CMHK to be lost, damaged beyond repair and/or destroyed and the Customer shall be liable to CMHK for all costs incurred by CMHK in the replacement thereof. The cost of replacement as set forth hereinbelow:

Equipment

Replacement Cost*

1)Optical Network Terminal

HKD$1,500.00

2)Adaptor

HKD$100.00

3)Optical Fibre

HKD $50.00

* All prices above will be subject to CMHK at the prevailing rate, and are subject to change

4. Invoice and Billing

4.1 Existing Customer subscribed to CMHK mobile services ("Mobile Services") shall note that the Fee for the provision of the Broadband Services Fees will be charged on the same bill.

4.2 CMHK will bill the Customer monthly by prepayment method and deliver the bill based on the Customer's preference, either to the designated email account or the designated mailing address as specified by the Customer.  The Customer may also log in to his designated billing account of CMHK through https://1cm.hk.chinamobile.com/site/login.html?lang=en and review the latest monthly electronic bill.

4.3 Any dispute on the Broadband Services or the Charges, or any dispute on the fees as stated on the bills can only be raised within thirty (30) days of the invoice day.  CMHK will base on records of itself, its carriers, its network providers and/or any third-party provider of Broadband Services, which shall be the conclusive evidence, and has discretion and final decision which shall be binding upon the Customer.

5. Use of the Broadband Services

5.1 When using this Broadband Services, Customer agrees and undertakes to strictly abide by the following usage rules:

  1. a) Comply with all relevant laws and regulations in force and the rules and guidelines updated by regulatory agencies from time to time;
  2. b) Ensure that Customer himself and/or any end user of the Broadband Services to abide by these Terms and Conditions, and also all related terms and conditions, and to be the ultimately responsible and liable for all acts, omissions and consequences when using such service;
  3. c) Use the services reasonably and appropriately;
  4. d) Provide all necessary information truthfully and correctly;
  5. e) The Customer shall not and not allow anyone or any occurrence of the following situations when using the services:
  6. Involve or allow any act, omission or content that infringes the rights or intellectual property rights of third parties;
  7. Involve or allow any illegal, improper, obscene, indecent, immoral, defamatory, slanderous, fraudulent or dishonest use, misleading, discrimination, incitement to hatred, or incitement to rebellion, sedition or secession, or endangering public order or endangering national security, etc. behavior, action or content;

iii. Involve or allow hacking activities, cyber-attacks, interference, interruption or unauthorized login, use or access to any other third-party devices, equipment, facilities, systems, websites, web pages, data, information or content;

  1. Involve or allow any storage, use, upload or download of any tool or software for the collection, farming or perform data analytics of any address or IP address, any personal data, or any unauthorized data;
  2. Receive, copy, publish, distribute or disseminate, transmit or circulate, or make use of any illegal or unauthorized content;
  3. Receive, copy, publish, distribute or disseminate, transmit or circulate, make use of any commercial content or use the Broadband Services for any commercial purpose, Ponzi schemes or pyramid schemes;

vii. Any act of reselling, transferring or sublicensing third parties to use this service without consent of CMHK;

viii. Damage or interfere with the normal operation of the Broadband Services;

  1. Any act or behavior that can cause or subject the normal operation of the Broadband Services or any part thereof to be materially affected;
  2. Violation of any of these Terms and Conditions, or any terms of any related terms and conditions;
  3. CMHK has reason to believe that there exists any violation of these Terms and Conditions.

5.2 CMHK may suspend and/or terminate the Broadband Services without prior notice included but not limited to any one of the following reasons:

(a) If the Customer fails to pay any CMHK bill by the due date (including Mobile Services related fees);

(b) If the Customer or any end user of the Broadband Services breaches any of these Terms and Conditions or any related terms and conditions;

(c) If the Customer or any end user (or in CMHK's reasonable opinion) abuses, inappropriately uses or illegally uses the Broadband Services, or violates any of the Terms and Conditions or any related terms and conditions and/or related regulatory requirements for the Broadband Services;

(d) If the Customer provides false or incorrect information, including but not limited to any personal data;

(e) If CMHK is unable to (where relevant) supply or provide the Broadband Services for any reason whatsoever, including but not limited to any act or omission of any third party provider; or

  1. f) System maintenance, upgrading, testing and/or repairing.

5.3 Customer agrees and undertakes that: (i) for any act, negligence, omission, breach or non-compliance of any of these Terms or Conditions due to the Customer or any end user of the service or through the Customer; and/or (ii) any violation of any relevant laws and regulations, regulatory agency's policies or regulations, or violation of any administrative authorities' regulations or guidelines; and/or (iii) any actual or potential infringement of patents, copyrights, trademarks or any intellectual property rights, proprietary rights or trade secrets, or any actual or potential tortious act or misappropriation against any person attributable to the above circumstances or the usage of the Broadband Services, or relating to the Broadband Services, or through the use of the Broadband Services, the Customer shall be ultimately responsible for such breach, infringement, occurrence and all associated legal liabilities; if any loss of CMHK or any third party, or any demand, request, proceedings, litigation, petition, damages, compensation, liability, loss and expenses (including but not limited to any reasonable attorney fees) are caused or attributed, Customer agrees and undertakes to bear all the responsibility and liabilities that he shall indemnify any losses and related fees, expenses, debts, losses, claims, and related costs caused or attributable to CMHK and all its related personnel and entities, and render CMHK to be free from any injury, harm or damages. This clause shall survive any expiry or termination of this Agreement, any related additional supplementary agreements, any related services, or any expiry or termination of any related terms and conditions.

6. Maintenance and Configuration

6.1 In the event of on-site maintenance service (except for error/problem caused by the system or Equipment or any equipment provided by CMHK), a service fee of HKD$400.00 (or the prevailing fee of the Service Fee) will apply.

6.2  The Customer shall agree and permit all directions as may be given by CMHK from time to time in relation to the settings or configuration of any Equipment or equipment in the installation address or any other place under the Customer's control or take such other action as necessary to eliminate any interference, impediment or impairment to the Broadband Services.

6.3 The Customer agrees and undertakes that he shall ensure that CMHK, its representatives and agents have safe access to the installation address at all reasonable times to install, inspect, maintain, repair, remove or recover the Equipment or to do anything that is reasonably necessary for the provision of Broadband Services under this Agreement.

7. Limited Liability and Limited Warranty

7.1 To the greatest extent permitted by law, CMHK denies and disclaims any statements, representations, warranties or liability (whether it is express, implied or interpreted or otherwise, including but not limited to property rights or usage rights, etc.): (i) the continuous and uninterrupted, timely, secure, error-free, particular or independent use of the Broadband Services; (ii) any content or information provided, published, distributed, searched or obtained through this service or the results that may be obtained from the use of the Broadband Services will be accurate, reliable or will meet the user's expectation. CMHK exercises no control and shall not be responsible for any liability whatsoever over the content transmitting through the Broadband Services; (iii) Any services provided by third-party service provider related to this service; (iv) any modification, damage or loss of data, software and/or hardware pre-installed in the Customer's computer or device; (v) any direct or indirect loss or damage, loss of revenue, profit or any consequential loss whether of economic nature or otherwise or any such related claim, or any such loss the Customer or any third party may suffer as a result of error, disruption and/or computer virus introduced or intercepted into the Customer's computer system or device, or any loss or damage attributable to the upload or download or use of any information, data, text, graphics, video or audio clips in relation to the Broadband Services (including but not limited to any damage or loss of computer equipment or other equipment, whether in hardware or software, or any infection from virus or Trojan); (vi) any claim for the disruption or suspension of the Customer's computer or device or any part thereof; (vii) any claim, loss or damage which is attributable to a Force Majeure event; and/or (viii) any disputes, requests, claims, litigation, petitions, damages, liabilities, losses or infringements, or anything in relation to the disclaimed scope as mentioned in this Clause 7, in particular related to (i) to (vii) above, and especially including any infringements, disputes and/or claims relating to intellectual property rights' matters. 

7.2 For the any services and/or any relevant services (including but not limited to the Broadband Services) offered pursuant to these Terms and Conditions by CMHK and/or third party supplier, the Customer acknowledges and agrees that there is no linkage or relationship between CMHK and such third party suppliers except as expressly stated herein, and CMHK accepts no such liability whatsoever in relation to third party suppliers. 

7.3 . The Customer acknowledges and agrees that the Customer will be solely responsible and liable for any issues or consequences arising from or attributable to the usage by the end user or Customer, or any misuse, abuse or violations of any of these Terms and Conditions, or any problems or consequences attributable to the aforementioned. 

7.4 To the greatest extent permitted by law, except as the limited warranties expressly stated in these Terms and Conditions, CMHK makes no warranties, representation nor undertaking of any kind in relation to the Broadband Services, whether expressed, implied, construed or otherwise, including without limitation to the quality, reliability, usability, merchantability, safety, fitness for any general or particular purpose, legality, title or ownership, legitimacy and non-infringement of any intellectual property rights or any third party rights, the accuracy and truthfulness of any content, standard of goods and services, goodwill and credibility of any third party supplier, etc. CMHK accepts no liability whatsoever in relation to the aforementioned, in particular does not accept any liability in relation to accuracy or completeness of any data or information obtained via the Broadband Services. CMHK shall not in any way be held liable for any direct or indirect losses, including but not limited to any loss of data, information or otherwise arising out of such delay, failure or error in transmission or delivery, interruption, disconnection, interruption or suspension, whether in audio, visual or otherwise. 

7.5   The Customer fully understands and accepts that the Broadband Services will fail, be interrupted, delayed or suspended in circumstances of power failure or interruption, or for any other instances that are beyond CMHK's reasonable control, which might cause or relate to any loss or damage (whether direct or indirect in nature), and for which CMHK shall not be responsible for such circumstances. CMHK shall not be responsible and shall accept no liability whatsoever for any loss of data, revenue, income, actual or contingent profit, or any loss of business, and shall not be liable for any indirect, incidental, special, punitive or consequential damage or loss of any kind. CMHK will in any such case resume the provision of the Broadband Services as quickly as reasonably practicable. To the maximum extent permitted by law, the total aggregate liability of CMHK to the Customer under this Agreement and any related supplementary agreements shall not exceed the total amount actually paid by the Customer under any circumstances. 

7.6 CMHK reserves the right at all times to suspend all or any of the Broadband Services without notice whether or not to carry out system maintenance, upgrading, testing and/or repairs or otherwise as it deems appropriate. No credit, refund nor compensation is available when all or any of the Broadband Services is down or suspended in any manner whatsoever. 

7.7 The Customer agrees to keep the PIN and/or Password confidential and be responsible for any and all use of the Broadband Services using the Customer's PIN and/or Password, if applicable. If the Customer believes that his/her PIN or Password has been lost or stolen, the Customer shall immediately notify CMHK and the Customer shall be liable for all Charges and cost incurred until the Broadband Services is being suspended by CMHK.

8. Minimum System Requirement 

System Requirements for the Computer Connecting to the Broadband Services

Intel Core2 Duo P8700/2.53 GHz CPU or above, 4GB system memory or above, 64GB SATA II SSD (Read/Write >200MB/s),  Windows XP/Vista/7 and 100/1000M Ethernet card or other system requirements as recommended by CMHK from time to time

8.1 Specifications of 1000M / 500M / 200M are based on internet connection from the wallplate at Customer's premises to the first piece of CMHK's network equipment. Maximum upload/download speed to local site could be up to 1000Mbps / 500Mbps / 200Mbps respectively. The actual bandwidth and throughput that the Customer can enjoy may be affected by the Customer's hardware / software, router specification, site traffic loading, type of content being accessed and other circumstantial factors; and hence is normally less than the above speed. The bandwidth and throughput to overseas sites will also be subjected to the conditions of local network there, and therefore the bandwidth and connection speed might be even less. Unless otherwise expressly agreed in writing by CMHK, CMHK specifically disclaim any representation, warranty or undertaking in respect of the network performance and reliability, whether express or implied or otherwise. 

8.2 Specifications of 2 x 1000M are based on internet connection from the wallplate at Customer's premises to the first piece of CMHK’s network equipment. Maximum download speed to local site could be up to 2000Mbps (by two (2) passive optical network modem ports of up to 1000Mbps each) and upload speed to local site could be up to 1000Mbps (by two (2) passive optical network modem ports of up to 1000Mbps in total). The actual bandwidth and throughput that the Customer can enjoy may be affected by the Customer’s hardware / software, router specification, site traffic loading, type of content being accessed and other circumstantial factors; and hence is normally less than the above speed. The bandwidth and throughput to overseas sites will also be subjected to the conditions of local network there, and therefore the bandwidth and connection speed might be even less. Unless otherwise expressly agreed in writing by CMHK, CMHK specifically disclaim any representation, warranty or undertaking in respect of the network performance and reliability, whether express or implied or otherwise.

8.3 When using the Broadband Services, it is required to use the Optical Network Terminal provided by CMHK for successful connection with the network. The Optical Network Terminal is required to plug into the voltage transformer adapter to the external power. This voltage transformer / adapter is only suitable for the Optical Network Terminal offered by CMHK. Please do not use this voltage transformer / adapter with other electrical appliances for safety precaution. The optical fibre is extremely sharp as it consists of fine glass line. If the optical fibre line is exposed to air, please contact CMHK immediately and a technical specialist will be sent to the Customer’s premises for follow up. If the optical fibre is exposed and cracked, please stay away from the optical fibre or its chip to avoid danger. The cracked optical fibre and its chip must be disposed in a sealed container marked with warning message before further handling. Do not and never throw away the optical fibre and its chips in the rubbish bin which does not carry any warning messages and protective measure. Do not smoke or leave tinder or overheated electrical appliance near the optical fibre. Upon successful installation of the optical fibre, please do not look at the exposed optical fibre or the connection point of optical fibre as its strong light will have negative effect or damage on human eyes.

8.4 Unless otherwise agreed with the Customer, installation of the CMHK Broadband Services at the Premises shall mean installation and connection of broadband line to the first landing broadband socket only within the Premises as determined at CMHK's sole discretion.

9. Force Majeure

9.1 Notwithstanding any other provision of these Terms and Conditions, CMHK and/or any relevant third party service provider shall not be liable for any situation beyond its reasonable control without its own fault or negligence, failure or delay to fulfill an obligation, or prevented from performance under these Terms and Conditions, or any loss and damages attributable to such, if such a performance is delayed, prevented, restricted or interfered with for any reason as a result of a Force Majeure event or any natural disaster.

9.2 For the purposes of these Terms and Conditions, the term "Force Majeure" means anything outside the reasonable control of CMHK including, without limitation, industrial disputes of any kind, war declared or undeclared, blockade, lockdown or embargo, disturbance or riot, any natural disaster (such as lightning, earthquake, storm, flood, explosion or meteor), any power, legal measure or any law enforcement exercised by a government agency, any change in any applicable law, inability or delay in granting governmental or other approvals, consents, permits, licenses or permits, or telecommunication network outage or degradation which CMHK cannot reasonably control.

10. Governing Law

10.1 If at any time one or more provisions is or become(s) illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity and enforceability of the remaining provisions shall not be affected in any way, and shall remain in full force and effect. And the legality, validity or enforceability of such affected provisions shall not be affected under the laws of other jurisdictions.

10.2 These Terms and Conditions, including the existence, validity, interpretation, performance, signature, amendment, termination and dispute resolution, and anything in relation to hereof shall be shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. The Customer irrevocably and unconditionally agrees that any dispute, controversy, difference or claim arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.

10.3 The Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the laws of Hong Kong) shall not be applicable to these Terms and Conditions.

10.4 In case of any discrepancies between the English and Chinese version of this Agreement or any related terms and conditions, the Chinese version shall prevail.

11. Personal Data

11.1 The Customer has read, understood and agreed to the provisions in the General Personal Information Collection Statement (Please click here) and the Privacy Policy Statement (“Statements”) (Please click here)

11.2 The above-mentioned Statements are made in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) to inform the Customer the purposes of collecting Customer's information and expressly state that by continuing to use the Broadband Services the Customer has conclusively demonstrated to have accepted and consented expressly and irrevocably to the usage of such information by CMHK and the rights conferred to CMHK.

12. Dispute

12.1    CMHK reserves the right to the final decision on any dispute regarding these Terms and Conditions herein stated. All matters and disputes will be decided based on the records of CMHK's system as conclusive evidence.

 

 

Home Telephone Services Terms and Conditions ("Terms and Conditions")

 

HOME TELEPHONE SERVICES ("HOME TELEPHONE SERVICES") EQUIPMENT

1. FOR SALE OF SERVICE EQUIPMENT

1.1 The Customer shall pay CMHK the full purchase price or any balance thereof on the delivery of the Home Telephone Service equipment ("Home Telephone Equipment"). If the Home Telephone Equipment has been delivered to the Customer and the balance of the purchase price is not paid by the Customer, CMHK shall have the right to forfeit the deposit paid by the Customer and repossess the Home Telephone Equipment.

1.2 Title to the Home Telephone Equipment shall remain vested in CMHK until CMHK has received full payment of the purchase price but risk shall pass to the Customer upon delivery of the Home Telephone Equipment to the Customer.

1.3 All delivery dates or times quoted by CMHK are estimates only and CMHK shall not be liable for the consequences of any delay whatsoever.

2. FOR RENTAL OF SERVICE EQUIPMENT

2.1 The Customer shall rent the Home Telephone Service equipment ("Rental Equipment") from CMHK for the use of the Home Telephone Service

2.2 The Rental Equipment shall at all times remain the sole and exclusive property of CMHK and the Customer shall have no right, title or interest thereto.

2.3 The Rental Equipment is provided for the sole use of the Customer and shall not be assigned, transferred, conveyed or otherwise disposed of without the prior written consent of CMHK.

2.4 The Customer shall:

(i) use and operate the Rental Equipment in a proper manner and in accordance with CMHK's instruction and the relevant user guidelines;

(ii) not use the Rental Equipment or any part thereof in conjunction with other equipment, components, accessories or devices other than those supplied by CMHK;

(iii) use the Rental Equipment at the service address at which it was registered;

(iv) not at any time or under any circumstances alter or tamper with the Rental Equipment nor repair nor attempt to repair nor permit any one to repair or maintain the Rental Equipment or any parts thereof which may affect the Home Telephone Service or CMHK's network;

(v) be liable to CMHK for any and all loss or damages to the Rental Equipment.

2.5 CMHK, its employees or authorized agent shall have the right to perform the installation, inspection, maintenance, replacement of the Rental Equipment and the reconfiguration or reset on the Customer's computer for the purpose of provision of the Home Telephone Service when CMHK considers as necessary. CMHK may charge the Customer a fee for the above mentioned services. The amount of the fee shall be determined by CMHK at its sole discretion.

2.6 The Customer agrees and shall ensure that CMHK, its representatives or agents have safe access to the Customer's premises at all reasonable times to install, inspect, maintain, repair, remove or recover the Rental Equipment or to do anything that is reasonably necessary for the provision of Service under this Agreement.

2.7 The Customer shall pay charges (if applicable) prescribed by CMHK for rental of the Rental Equipment.

2.8 CMHK will at the request of the Customer effect all reasonable and necessary repairs to the Rental Equipment as may from time to time be necessary. It is expressly agreed between CMHK and the Customer that CMHK shall not be liable or be responsible by any reason of any situation or effect or consequence in relation to such repairs as well as the services as aforementioned in clause 2.5, including but not limited to any delay in effecting such repairs. The costs of repairs of the Rental Equipment shall be provided free of charge except repairs caused by any one of the following:

(i) accidents, negligence, fault, improper use on the part of the Customer;

(ii) events of force majeure described in Clause 11;

(iii) the Customer’s failure to maintain, use or operate the Rental Equipment properly.

All costs of repairs under this Clause shall be additionally charged to the Customer by CMHK at CMHK's prevailing rates from time to time.

HOME TELEPHONE SERVICES

3. THE SERVICE

3.1 The Home Telephone Service provided to the Customer is subject to CMHK's prevailing Service Plan and/or rate of charges for the Home Telephone Service from time to time. CMHK reserves the right to terminate a Service Plan, vary the Home Telephone Service Plan and/or rate of charges for the Home Telephone Service at any time as it thinks fit by giving prior notice to the Customer. CMHK will use reasonable commercial endeavour to give thirty (30) days prior notice or any other period as reasonably practicable in advance of its effective date.

3.2 The Customer shall select the features of the Home Telephone Service ("Service Features"). CMHK reserves the right at any time to do all such things that is necessary to the Home Telephone Service Features to ensure the quality of the Home Telephone Service.

3.3 The Customer understands that the Home Telephone Service shall only take effect after CMHK has approved his/her application. CMHK's decision on whether to accept the customer's application for the Home Telephone Service shall be final and conclusive.

3.4 The Customer can select the service activation date when subscribing to Home Telephone Services, the service activation date must be within 365days after successful installation (the service activation date must be same with broadband service). Standard Monthly Fee will be charged from the service activation date.

3.5 Value added services of the Home Telephone Service provided by CMHK and/or third party service providers are subject to availability and discretion of CMHK. The Customer understands and agrees to the relevant terms and conditions which are in force from time to time in connection with the use of such value added services.

3.6 CMHK shall have the right to determine the appropriate means of providing the Home Telephone Service including without limitation the method, technology and route for delivery of the Home Telephone Service to the Customer. CMHK may at its sole discretion vary such method, technology and route of delivery at any time without notice to the Customer.

3.7 Unless otherwise notified by the Customer in writing, the Customer expressly agrees to receive the following information sent from CMHK for any or all of the following purposes:

(a) marketing of goods and/or services by CMHK, its agents, affiliates or subsidiaries in relation to the Home Telephone Service;

(b) improvement such as updates and upgrades of goods and/or services in relation to provisioning of the Home Telephone Service

(c) any benefits arising out of or in connection with the Home Telephone Service;

(d) facilitate, complete or confirm the provision of the Home Telephone Service by CMHK to the Customer under this Agreement.

3.8 The Customer agrees and authorizes CMHK to charge the Fees to the credit card/bank account autopay on file with CMHK.  If the customer intends to revoke the autopay authorization or cancel such credit card or auto-transfer service within the Minimum Subscription Period which makes CMHK unable to obtain a charge for the full amount due, the Customer further agrees and undertakes to provide alternative credit card information in three (3) days' advance notification of the amount due, failing which CMHK shall have the discretion to suspend the Home Telephone Service without further notification. 

3.9 The Customer acknowledges and agrees that in the course of providing the Home Telephone Service, CMHK may record verbal instructions received from the Customer and/or any verbal communication between the Customer and CMHK in relation to the Home Telephone Service.

3.10 The Home Telephone Services provided are solely for Customer's personal, residential use and Customer shall not use Home Telephone Services for any commercial or non-residential purpose. CMHK shall have the right to determine, in its sole discretion, what constitutes a "commercial" or "non-residential" purpose.  If the Customer or in CMHK's reasonable opinion use the Home Telephone Service for commercial or non-residential purpose, CMHK reserves the right to terminate the Home Telephone Service forthwith.

3.11 The Customer acknowledges and agrees that CMHK may obtain an alternative provider to provide the Home Telephone Services to the Customer.

3.12 CMHK reserves the right at all times to suspend all or any part of the Home Telephone Service without notice for system maintenance, upgrading, testing and/or repairs or otherwise as it deems appropriate. No credit, substitute or refund is available when all or any part of the Home Telephone Service is suspended in any manner whatsoever and CMHK shall not be liable for such whatsoever.

4. NUMBER PORTING

4.1 CMHK will provide a new telephone number to the Customer. If Customer opts for porting his/her existing telephone number (""Existing Number"") to CMHK for this service, CMHK will provide a temporary telephone number to the Customer for temporary use until the Existing Number has been successfully ported to CMHK, then the temporary telephone number will be terminated automatically.

4.2 If Customer terminates the Home Telephone Service as a result of the failure of the Existing Number to be ported to CMHK (except if it is caused by the default of CMHK), all payments already made by Customer shall not be transferable or refundable. The Customer shall pay an installation fee as prescribed by CMHK (if applicable). If the Customer has subscribed the Home Telephone Service for a Minimum Subscription Period, the Customer shall pay the Home Telephone Service Charges for the entire Minimum Subscription Period to CMHK as the liquidated damages (if applicable) and all offers will be terminated immediately.

4.3 In the event that the Existing Number cannot be ported to CMHK within sixty (60) days upon successful installation of the Home Telephone Service due to the incomplete, wrong, mistaken or false information provided by the Customer or due to any ground beyond the reasonable control of CMHK, CMHK shall have the right to charge the Customer a service fee from the date of successful installation of the Home Telephone Service.

4.4 The Customer authorizes CMHK to process the application for porting the Existing Number to CMHK. If the information submitted by the Customer is incomplete, incorrect or false or if, due to reasons which are beyond the reasonable control by CMHK, the application for Port In of Existing Number is not successful within 180 days after installation of the Home Telephone Service, the application of porting in Existing Number will not be processed under this circumstance, and CMHK shall have the right to charge the Customer in accordance with clause 4.3.

4.5 If the Customer chooses to use the Existing Number at CMHK, the Customer shall not terminate the telephone service with original donor telephone network operator before the number porting service activates.

4.6 The Customer agrees to request and authorize the Donor Network Operator ("DNO") and CMHK to effect the porting of the Existing Number to the network of CMHK with effect from the relevant requested cut-over time.

4.7 Subject to the successful porting of the Existing Number to CMHK, the voice / data / fax services in relation to the Existing Number of the DNO will be terminated with effect from the requested cut-over time. The continuation of any other services provided by the DNO, if any, shall be subject to the applicable terms and conditions for such services of the DNO.

4.8 The Customer understands that the porting of the Existing Number does not affect his/her obligations to the DNO incurred prior to the successful porting of the Existing Number under the applicable service terms and conditions of the DNO.

4.9 The Customer understands that during the period for the Existing Number to be ported from the DNO to CMHK, the Customer will not be able to use the Existing Number for a certain period of time, including without limitation to dialing and receiving calls.

4.10 The requested cut-over time shall be subject to the DNO's confirmation of the information given hereunder and the technical arrangements between the DNO and CMHK and all applicable rules and regulations including without limitation the procedures for handling number porting by database solution issued by the Communications Authority as updated from time to time.

4.11 CMHK is hereby expressly authorized to change the requested cut-over time as CMHK may reasonably consider as appropriate.

4.12 If Customer requests to cancel or modify the porting application one (1) business day before the requested cut-over time, the Customer would have to contact the DNO directly.

4.13 Except for any liability which cannot be excluded or stipulated by law, the Customer represents, agrees, confirms and undertakes that the DNO and CMHK shall not be liable to him/her or any other party in contract, tort or otherwise for any loss or damage, whether directly or indirectly, suffered by the Customer or any other party howsoever arising from or in relation to the Home Telephone Service and/or the number porting arrangements.

4.14 The Customer agrees that his/her personal data disclosed herein may be transferred to all relevant parties who would have a need to have access to his/her personal data for the purpose of processing the service application, and CMHK shall keep all personal information confidential at all times and shall destroy any personal data it may hold in accordance with its internal policy. Personal data will only be retained for as long as CMHK needs it unless the personal data is also retained to satisfy any applicable statutory or contractual obligations or for the purpose of investigation, detection and prosecution of crime. Customer understands that he/she may access and/or correct any of his/her personal data.

4.15 The Customer represents, agrees, undertakes and confirms and declares that all information provided by him/her are accurate and correct and the Customer shall be wholly liable for and shall fully indemnify each of CMHK and the DNO against any costs, claims, demands, liabilities and expenses resulting from his/her breach of this clause.

5. SUSPENSION AND TERMINATION

5.1 The Customer shall note that CMHK may limit or suspend the Home Telephone Services at any time without prior notice if the Customer fails to settle the invoice on time despite one warning having been given to the Customer and if any outstanding amount owing remains unsettled by the Customer, CMHK may terminate the Home Telephone Service.

5.2 Customer shall honour and pay all fees and payables due. Termination does not affect the Customer's obligations under this Agreement, including but not limited to the Customer’s obligation to pay all Fees for the Home Telephone Services rendered prior to termination and any other costs and fees incurred in occasion to or as a result of such termination. Such obligations shall survive after the termination of this Agreement and/or Home Telephone Service.

5.3 If the Customer re-install the Home Telephone Services after termination of the same, Re-installation Costs of HKD$680 (or the prevailing fee of the Re-installation Costs being subscribed) will apply.

5.4 If the Customer requires re-installation of the Home Telephone Service due to any change of installation address, Relocation Costs of HKD$400 (or the prevailing fee of the Relocation Costs) will apply.

5.5 In the event of disconnection of the Home Telephone Service by the Customer for whatever cause, the Customer shall return the Equipment to CMHK shop in good condition (fair wear and tear excepted) within fourteen (14) days from the date of such disconnection, failing which, the Customer understands that the Equipment shall be deemed by CMHK to be lost, damaged beyond repair and/or destroyed and the Customer shall be liable to CMHK for all costs incurred by CMHK in the replacement thereof. The cost of replacement as set forth herein below:

Equipment

Replacement Cost*

1)Home Telephone Box

HKD$700

2)Home Telephone Box Adaptor

HKD$100

3)Home Telephone Box Cable

HKD$50

* All prices above will be subject to CMHK at the prevailing rate, and are subject to change


6. USE OF THE HOME TELEPHONE SERVICES

6.1 CMHK may suspend and/or terminate the Home Telephone Services without prior notice included but not limited to any one of the following reasons:

(a) If the Customer owes and fails pay any CMHK bill or fees by the due date (including but not limited Mobile Services related fees);

(b) If the Customer breaches any of these Terms and Conditions, or any of the terms and conditions of any Additional Supplemental Agreement(s) listed out in this Agreement;

(c) If the Customer is or in CMHK's has reasonable suspicion on Customer's misuse of the Home Telephone Services;

(d) If the Customer provides false or incorrect personal or registered information;

(e) If CMHK is unable, for any reason including any act or omission of any third party provider in relation to this service, to (where relevant) supply or provide the Home Telephone Services.

7. RECONNECTION

7.1 If the Home Telephone Service is disconnected for reasons set out in Clause 5 and 6 or upon the Customer's request, CMHK may upon the Customer's request reconnect the Home Telephone Service subject to prompt payment by the Customer of all sums due or owing to CMHK, a deposit requested by CMHK and a reconnection charge. CMHK shall have its sole and absolute discretion to determine the provision of reconnection service or the amount of the deposit and the reconnection charge in issue.

8. INVOICE

8.1 Existing customers subscribed to CMHK mobile services ("Mobile Services") shall note that the Fee for the provision of the Home Telephone Service Fees will be charged on the same billing account.

8.2 CMHK shall invoice the Customer by electronic mail or post monthly in advance based on the Customer's preference. The Customer may simply log in to your CMHK account through here and review the latest bill.

8.3 Any dispute on the Charges can only be raised within thirty (30) days of the payment due date as stated on the invoice.  The decision of CMHK based on records of CMHK, its carriers and its network providers shall be final and binding upon the Customer.

9. MAINTENANCE AND CONFIGURATION

9.1 In the event of on-site maintenance service (except for error/problem caused by network or equipment), a service fee of HKD$400 (or the prevailing fee of the Home Telephone Service Fee) will apply.

9.2 The Customer shall agree authorize and permit all directions as may be given by CMHK from time to time in relation to the settings or configuration of any apparatus in the installation address or any other place under the Customer's control or take such other action as necessary to eliminate any interference, impediment or impairment to the Home Telephone Services.

9.3 The Customer shall warrant, undertake and ensure that CMHK, its representatives and agents have safe access to the installation address at all reasonable times to install, inspect, maintain, repair, remove or recover the Equipment or to do anything that is reasonably necessary for the provision of Home Telephone Services under this Agreement.

10. SERVICE ADDRESSING INFORMATION

10.1 The Customer agrees and acknowledges that the Home Telephone Service or service number or other network addressing information assigned by CMHK to the Customer are governed by numbering plans and guidelines issued by the Communications Authority and that the Customer has no title, goodwill or interest in any number assigned to the Customer.

10.2 If CMHK withdraws or changes any number or network addressing information assigned to the Customer, it will use reasonable commercial endeavour to give the Customer such prior notice as may be reasonably practicable in the circumstances, unless the withdrawal is because of the termination or suspension of the Home Telephone Service in accordance with this Agreement.

11. FORCE MAJEURE

11.1 CMHK shall be relieved of performance of its obligations under these Terms and Conditions to the extent that the performance of its obligations shall be prevented or interfered with by reason of Force Majeure or other Act of God not within the reasonable control of CMHK.

12. GOVERNING LAW

12.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region ("Hong Kong"). Customer hereby irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

13. PERSONAL DATA

13.1 The Customer agrees and confirms he/she has read, understood and agreed to the provisions in the General Personal Information Collection Statement (Please click here) and the Privacy Policy Statement (here).

13.2    Customer may request for access to or correction of personal information, regarding policies and practices and types of personal information held should be addressed to: China Mobile Hong Kong Company Limited, Level 20, Tower 1, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, New Territories, Hong Kong, Attention to: Data Protection Officer, or dial CMHK Un-subscription Commercial Electronic Messages Registration Hotline 6226 4926 or 24-hour Customer Care Hotline 2945 8888.

14. DISPUTE

14.1 In case of any dispute arising out of or in connection with this Agreement, CMHK reserves the right to the final decision.