BNP T&C Eng 200712

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BNP T&C Eng 200712 Powered By Docstoc
					Special Terms and Conditions of HKBN Broadband Phone Service (“Service”)
Application of the Service
1.    The Service shall only be available to new subscribers of designated residential premises (“Subscriber”) as may be specified by Hong Kong Broadband Network Limited (“HKBN”) from
      time to time.
2.    Subscriber shall be 18 years old or above and holding a valid Hong Kong Identity Card.
3.    Subscriber shall have subscribed and expressly agrees to make available, at his/her own costs and expenses, to HKBN at the registered installation address of a residential premises
      (“Installation Address”) in the Hong Kong Special Administrative Region (“Hong Kong”) a valid broadband service with unlimited access time provided by any broadband internet access
      service providers in Hong Kong and shall have fulfilled such technical requirements stipulated by HKBN as follows or as shall be stipulated by HKBN from time to time to enable HKBN to
      provide the Service for the use of the Subscriber :
        (i)      Stable and unlimited Broadband internet connections with minimum 1.5Mbps bandwidth and 130kbits per second upload and 130kbits per second download bandwidth available for
                 the voice connection;
        (ii)     A network that supports 10/100 Base TX interface;
        (iii)    Broadband internet connections which is compatible with all ADSL, VDSL and optical fiber Metro Ethernet services;
        (iv)     Broadband Phone is not recommended for use on cable modem services;
        (v)      Provision of a public IP address by DHCP or PPPoE or static assignment;
        (vi)     In case where Local Area Network (LAN) is used, LAN environment with no firewall configured;
        (vii) A network that is not operating behind Network Address Translation (NAT);
        (viii) A network that does not require any kind of login procedure except PPPoE; and
        (ix)     RJ45 plug is required.
        Subscriber understands and accepts that since the provision of the Service is contingent upon the technology of broadband service and the internet connection and will be duly affected by
        factors such as stability of internet service and the degree of confidentiality, the provision of the Service and the manner in relation to any such provision shall be subject to the sole discretion
        of HKBN. All decisions and determinations made by HKBN in relation thereto shall be final and conclusive.
4.    HKBN shall not be liable in any way for failure of Service if Subscriber cannot make available the conditions set out in paragraph 3 and/or other conditions as stipulated by HKBN from
      time to time.
5.    The Service is unavailable under a web log-in broadband technology. If Subscriber uses broadband service with the Service concurrently, it is the Subscriber’s responsibility and at his/her
      own costs to have (i) multiple logins for xDSL with PPPoE login broadband technology, or (ii) multiple IP addresses for cable modem broadband connection.
6.    HKBN shall not be liable to Subscriber or any third party in regard to any consequences or effect on the broadband service and/or speed of bandwidth that may be caused by the Service or
      otherwise.
Registration of the Plan
7.    Subscriber understands that upon registration of a service plan ("Plan"), he/she shall not be entitled to any offers in other service plan and the Plan cannot be used in conjunction with other
      promotional offers, unless otherwise provided.
8.    Unless otherwise provided, Subscriber shall subscribe the Service for a minimum period and shall pay the monthly service fee as specified for the Plan from the date of activation of the
      Service (“Minimum Commitment Period”). If the Service is terminated for whatever reasons during the Minimum Commitment Period, Subscriber shall pay liquidated damages in a sum of
      HK$550 or an amount equivalent to the monthly service fees for the remainder of Minimum Commitment Period (whichever is higher).
9.    Should the Subscriber terminate the Service, he/she shall only do so after the expiration of the Minimum Commitment Period by submitting the prescribed form of HKBN at least 1 month
      prior to its effective date. Termination will take effect immediately following the expiration of the said 1 month notice period (“Service Termination Date”). Should the Equipment is
      provided on a rental basis, Subscriber shall return the Equipment to HKBN at a specified location designated by HKBN within 7 days after the service termination effective date
10. Subscriber will only be allowed to change to other Plan after the expiration of the Minimum Commitment Period and HKBN shall charge the Subscriber an administration fee of HK$50 or
      any other amount as HKBN shall stipulate from time to time.
11. If no email address is provided, all statements and correspondence will be sent to the Subscriber according to the statement delivery instruction registered with HKBN (where applicable) or
      by post.
12. Under normal circumstances, statement will be issued to Subscriber every 3 months and monthly service fee for the Plan for the 3-month period shall be paid in advance. All payment made
      shall be non-refundable and non-transferable without reasonable cause. Statement will be sent by post to the Subscriber in case any payment is overdue of which a handling charge of
      HK$25 or any other amount as HKBN shall stipulate from time to time will be charged.
13. Upon expiry of the Minimum Commitment Period under any Plan, the monthly service fee for the Service will be resumed to its applicable standard rate.
14. Upon Subscriber’s subscription of the Service but before the date of activation of the Service, HKBN reserves all rights to charge Subscriber a handling charge as shall be determined by
      HKBN from time to time, for each and every Service the Subscriber requests to be withdrawn from the activation of Service.
15. HKBN may change, delay, terminate or cancel the operation and/or provision of the Service Plan and/or Service (in part or in full) from time to time. HKBN endeavours to provide
      notification 30 days or any other period as reasonably practicable in the circumstances in advance of its effective date.
Number Porting
16. Upon subscription of the Plan, HKBN will provide a new telephone number (“Telephone Number”) to the Subscriber. If Subscriber opts for porting his/her existing telephone number
      ("Existing Number") to HKBN, HKBN will provide a temporary telephone number to the Subscriber, the service of which will be terminated automatically after the Existing Number has
      been successfully ported to HKBN.
17. If Subscriber terminates the Service as a result of the failure for the Existing Number to be ported to HKBN (except default of HKBN), all payments made shall not be transferable or
      refundable. The Subscriber may be required to pay an installation fee of HK$550 or the liquidated damages as stipulated under the relevant Plan (whichever is higher) and all offers provided
      in conjunction with the Plan will be terminated immediately.
18. Subscriber acknowledges and agrees that he/she shall not assign, transfer or otherwise dispose of the Telephone Number provided by HKBN without the written consent of HKBN.
19. Upon the termination of the Service, HKBN shall have the right to assign the Telephone Number previously provided to the Subscriber to any other customers (except where the Telephone
      Number is successfully ported to other fixed network operators before such termination).
20. Subscriber authorizes HKBN to process the application for porting the Existing Number to HKBN. Subscriber acknowledges and agrees that HKBN excludes all liability to the Subscriber
      and any third party arising out of or in connection with the Service and/or number porting whether in contract, tort and/or otherwise and including direct and/or indirect loss incurred by the
      Subscriber or any third party.
Equipment
21. The Broadband Phone and the accessory equipment including but not limited to “Broadband Phone Box”, “Broadband Phone Adaptor”, “Broadband Phone Box Cables” (including “CAT.5
      Patch (RJ45)” and “Broadband Phone Cable(s)”) thereof shall be collectively referred to as the “Equipment” which may be provided on a rental basis or sold to the Subscriber in order to
      enable the Subscriber to use the Service.
22. Should the Equipment is provided to the Subscriber on a rental basis, the rental of the Equipment shall be terminated upon the termination of the Service. HKBN reserves the right to
      terminate the rental of the Equipment to Subscriber at any time upon reasonable notice.
23. Unless the Equipment is sold to Subscriber, Subscriber shall return the Equipment to HKBN in good working conditions and in its complete set within 7 days after termination of the Service.
      HKBN may impose additional charges if any Equipment is not returned to HKBN upon termination of the Service or in case of any loss of or damage to the Equipment or any part thereof.
      HKBN will either debit such amount directly from the credit card account registered by Subscriber with HKBN (where applicable) or treat it as a debt payable immediately by the Subscriber
      without further notice. Should Subscriber request HKBN to perform on-site service at the Installation Address for collecting the Equipment, HKBN will use its endeavours to make
      arrangement within 2 weeks or other reasonable time upon receipt of Subscriber’s written notice and will charge the Subscriber for HK$300 per visit or any other amount as HKBN shall
      deem appropriate from time to time.
24. Subscriber shall pay the Service Charge, Equipment Charge, and other charges as applicable from time to time for the use of the Service and Equipment. Unless the Equipment is sold to the
      Subscriber, the Equipment shall at all times remain HKBN’s property.
25. Subscriber shall use the Equipment properly and in accordance with the instructions provided by HKBN in order to be entitled to the checking and maintenance service provided by HKBN.
      Depending on the circumstances, HKBN may carry out repair or cause replacement of the Equipment.
26. It shall be Subscriber’s responsibility to deliver the Equipment to place(s) designated by HKBN for services like maintenance and repair and to collect the same thereafter. The Subscriber
      shall collect such Equipment within 30 days from notification by HKBN for such collection. Where HKBN finds it appropriate, HKBN may provide on-site maintenance service and will
      charge a maintenance fee in the sum of HK$400 or any other amount as HKBN shall stipulate from time to time unless the failure of the Equipment is due to the default of the system or
      equipment/ accessories of HKBN or the inherent or manufacturer’s defect of the Equipment.
27. Subscriber must not or must not allow any other person to open up or tamper with the Equipment in any manner including, without limitation, any repair, alteration, disassembling, removal
      of any part or component or serial number or any identification label on the Equipment or use it for anything HKBN does not in advance authorize in writing. Subscriber is responsible for
      any damage to the Equipment while it is in Subscriber’s custody.
28. Subscriber shall not or shall not allow any person interfere, modify, enhance, adapt, translate, disassemble, reverse translate, decompile the software installed in the Broadband Phone box or
      in any way to decode, attempt to reverse engineer or make any copies thereof.
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29.  In the event of malfunctioning, breakdown or damage to and of the Equipment, HKBN shall not be liable to repair or replace the Equipment or any part or component if such event arises
     from or occasion by fair wear and tear, any misuse, negligence, willful damage, or damage on the part of the Subscriber or its agents or employees, by breach of the terms herein, any
     accident beyond the control of HKBN, force majeure or any use of the Equipment outside Hong Kong.
30. It shall not be HKBN’s responsibility to repair or carry out any maintenance or replacement work if the Equipment or any part thereof is beyond repair.
31. If the Equipment is lost or stolen during the term of the Service, Subscriber shall inform HKBN immediately in order to avoid any third party using the Equipment and Service for purpose
     which HKBN considers improper, immoral, defamatory, fraudulent or otherwise unlawful. HKBN may charge the Subscriber for such costs for the replacement of such lost or stolen
     Equipment unless the Equipment is sold to the Subscriber.
32. Subscriber shall not permit or cause the Equipment to be repaired, serviced or otherwise attended to except by an authorized representative or agent of HKBN.
33. Subscriber shall permit HKBN or its agent to inspect, test and maintain the Equipment at all reasonable times and upon reasonable notice.
34. Subscriber shall comply with directions given by HKBN from time to time in relation to modifications required to any apparatus at the Installation Address or such other action as necessary
     to eliminate any interference, impediment or impairment to the Service or the Network.
35. If Subscriber purchases the Equipment new from HKBN or its agents or its authorized dealers and the Equipment includes a limited warranty at the time of receipt, Subscriber must refer to
     the separate warranty document provided with the Equipment for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be
     limited to those expressly set forth in such documentation. Such warranty shall not apply to any defect or failure other than inherent or manufacturer’s defect and shall not apply to scratch,
     damage, defects caused by damage in transit, mishandling of Subscriber, opening of and tampering with the Equipment by unauthorized technicians or persons and beyond the warranty
     period.
Extent of Liabilities
36. Subscriber acknowledges and agrees that HKBN shall not be liable to the Subscriber for:
        (i)    any fault in other equipment or device Subscriber uses;
        (ii)   any fault in the Equipment whether or not caused by Subscriber tampering with it, Subscriber’s negligence or failure to follow HKBN’s instructions;
        (iii) Subscriber’s use of Equipment with any other equipment or device HKBN does not in advance authorize in writing;
        (iv)   Subscriber’s use of Equipment away from the Installation Address.
37. To the extent permitted by law, HKBN and third party supplier/service provider shall not be liable whether or not in contract, tort, statute or otherwise for any cost, claim, special, direct,
     indirect or consequential loss or damage suffered, sustained or incurred by the Subscriber or any person from or out of or relating to the Service and/or the Equipment.
38. To the extent permitted by law, HKBN, its Group Companies and any third party provider of the services, together with their respective directors, employees or agents expressly disclaim
     any liability for
        (i)    any damage to or loss of data, voice or other information arising from the Subscriber’s use of the Service or Equipment;
        (ii)   any claim based on contract, tort or otherwise for any direct or indirect loss of revenue, profits or any consequential loss whether of an economic nature or any such loss which the
               Subscriber suffers as a result of any error, inaccuracy introduced into the Subscriber’s modem or other devices by, through or in connection with the use of the Service or
               Equipment;
        (iii) any claim relating to the Service and/or any content accessible through the Service, or Equipment supplied, provided, sold or made available by or through the Service (or any
               failure or delay to so supply, provide, sell or make available);
        (iv)   any disruption or suspension or degradation of the Service or Equipment or any part thereof;
        (v)    any damage which is attributable to an event or circumstance beyond HKBN’s control i.e. “Force Majeure Event”. A “Force Majeure Event” includes but is not limited to acts of
               God, war, civil disobedience, explosion, fire, flood, governmental action, legislation not in force at the time of this Agreement, restraints imposed by government or any other
               regulatory authorities, labour disputes, trade disputes or delays of third parties over which HKBN has no control.
39. Subscriber acknowledges and agrees that HKBN disclaims any liability for (i) any damage to or loss of data, software and/or hardware installed in the Subscriber’s computer or other
     equipment; (ii) any claim from Subscriber or any third party for any direct or indirect loss and all relevant claims.
40. Subscriber agrees that HKBN shall in no circumstances be responsible for any loss of income, loss of profit or any damage (direct or indirect) caused by the use of the Service.
41. In any event, the entire liability of HKBN and the exclusive remedy of Subscriber for actual damages associated with the Service and/or the Equipment shall not exceed the Monthly Service
     Fee of one month.
Extent of Use
42. Subscriber understands and accepts that the Service and Equipment must only be used in Hong Kong and at the Installation Address. HKBN shall provide the registered personal data and
     the Installation Address of the Subscriber to the Hong Kong Police Emergency Centre or any relevant entity in handling an emergency incident as directed by Office of Telecommunications
     Authority upon their requests in case of emergency or any other situations as HKBN deems appropriate. Subscriber shall notify HKBN in writing in HKBN’s prescribed form for change of
     his/her Installation Address and cause his/her Installation Address to be updated in HKBN’s record, failing which Subscriber runs the risk that his/her changed Installation Address cannot
     be traced when any emergency call is made and HKBN shall assume no liability for any consequence in connection with such failure of Subscriber.
43. Subscriber understands and accepts that if the Service and Equipment is used in places other than the Installation Address or Subscriber could not provide a valid residential address, HKBN
     reserves the right to terminate the provision of the Service and demand for the return of the Equipment.
Warranties and Representations
44. HKBN does not warrant or guarantee the Service to be continuous or uninterrupted throughout the term of the Service. Subscriber accepts the Service and the Equipment are provided on an
     “as is” and/or “as available” basis. Subscriber accepts that the provision of the Service is contingent upon the reliability of the Internet.
45. HKBN reserves all its rights and final discretion to determine the methods and delivery route for the provision of the Service to Subscriber and HKBN may change such methods and routes
     from time to time as it shall deem appropriate. HKBN endeavours to provide notification within a period as reasonably practicable in the circumstances in advance of its effective date.
46. Subscriber understands and accepts that the Service will be failed, interrupted, delayed or suspended in case of power failure or such any other situation beyond HKBN’s reasonable control.
     In such situation, calls may temporarily not be able to be connected to, including, without limitation, ‘Customer Input Terminal’ of Hong Kong Jockey Club and emergency numbers
     through the Service. HKBN makes no warranty as to the quality and availability of the Service and accepts no legal liability in relation thereto. HKBN 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.
47. The Service utilizes, in whole or in part, the public Internet and third party network to transmit voice and other communications. HKBN shall not be liable to Subscriber for any lack of
     privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to Subscriber at our website www.hkbn.net for additional information.
Value Added Service
48. Subscriber understands and agrees that the provision of value added services includes, without limitation, caller display, call forwarding, call waiting and conference calling are subject to
     availability and discretion of HKBN.
Miscellaneous
49. Subscriber acknowledges and agrees that HKBN will send promotional material and/or information about related services provided by HKBN or any third party to Subscriber by post or
     email from time to time. Subscriber shall notify HKBN in writing if he/she does not want to receive any such material or information.
50. Any representation, description, information, guarantee, conditions or recommendation, be it published in any summary, price list, advertisement, promotional material or through the oral
     statement of any HKBN’s representative or employee, shall not be interpreted as expanding, altering or annulling these Special Terms and Conditions.
51. Subscriber shall at all times fully comply with all legal and regulatory requirements applicable to the use of the Service and Equipment and shall observe all instructions or guidelines as may
     be imposed by HKBN from time to time. Subscriber further undertakes not to use or allow others to use the Service or Equipment for any purpose which HKBN considers improper,
     immoral, defamatory, fraudulent or otherwise unlawful.
52. Should the Subscriber remove the Equipment to a place/ country other than Hong Kong and use the Service from there, Subscriber does so at his/her own sole risk, including the risk that
     such activity violates local laws in the country where the Subscriber does so.
53. HKBN reserves the right to amend the above provisions and the relevant terms and conditions. HKBN shall notify Subscribers of such amendment as HKBN deems fit 30 days or within
     reasonable time prior to its effective date. Should there be any dispute arising in connection thereto, the determination of HKBN shall be final and conclusive.
54. If any part of these Special Terms and Conditions is legally declared invalid or unenforceable, all other parts of these Special Terms and Conditions shall remain valid and enforceable. Such
     invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Special Terms and Conditions.
55. Subscriber shall not in any event assign, resell, transfer, sublet or license the Service and/or the Equipment whether or not there is any monetary consideration without prior written consent
     of HKBN. HKBN reserves the right to assign all or part of its rights or duties under these Special Terms and Conditions. HKBN endeavours to provide notification 30 days or any other
     period as reasonably practicable in the circumstances in advance of its effective date.
56. HKBN reserves the right to the final decision on any dispute regarding the terms and conditions herein stated.
57. These Special Terms and Conditions shall be subject to the General Terms and Conditions of HKBN, and Special Terms and Conditions of Numbering Porting (Number Switch Over)
     Service and all the terms and conditions stated therein as may be in force from time to time and Subscriber agrees to abide by the same. If there is any inconsistency among them, the Special
     Terms and Conditions herein shall prevail and take the precedence over the others in the order, namely, the Special Terms and Conditions herein, Special Terms and Conditions of
     Numbering Porting (Number Switch Over) Service and General Terms and Conditions of HKBN. Subscriber may request from HKBN for a copy of the relevant terms and conditions.
58. These Special Terms and Conditions shall be governed and construed by the laws of Hong Kong. Both HKBN and Subscriber submit to the exclusive jurisdiction of the courts of Hong
     Kong.


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Special Terms and Conditions of Number Porting (Number Switch Over) Service
1.    Customer requests the Donor Network Operator ("DNO") and HKBN to effect the porting of the existing telephone number ("Telephone Number") to the network of HKBN with effect from
      the relevant Requested Cut-over Time.
2.    Subject to the successful porting of the Telephone Number to HKBN, the voice / data / fax services in relation to the Telephone 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.
3.    Customer understands that the porting of the Telephone Number does not affect his/her obligations to the DNO incurred prior to the successful porting of the Telephone Number under the
      applicable service terms and conditions of the DNO.
4.    Customer understands that during the period for the Telephone Number to be ported from the DNO to HKBN, Customer will not be able to use the Telephone Number, including without
      limitation to dialing and receiving calls.
5.    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 HKBN and all applicable
      rules and regulations including without limitation the Procedures for Handling Number Porting by Database Solution issued by the Telecommunications Authority as updated from time to
      time.
6.    HKBN is hereby expressly authorized to change the Requested Cut-over Time as HKBN may reasonably consider as appropriate.
7.    Except for any liability which cannot be excluded by law, Customer agrees and confirms that the DNO and HKBN will 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 Customer or any other party howsoever arising from or in relation to this application and the related number
      porting arrangements.
8.    Customer agrees that his/her personal data disclosed herein may be transferred to all relevant parties who shall have a need to have access to his/her personal data for the purpose of
      processing the application herein and Customer understands that he/she may access and/or correct any of his/her personal data.
9.    Customer confirms and declares that all information provided herein by him/her are accurate and correct and Customer shall be wholly liable for and shall fully indemnify each of HKBN
      and the DNO against any costs, claims, demands, liabilities and expenses resulting from his/her breach of this clause.
10. If Customer requests to cancel or modify the porting application one Business day before the Requested Cut-over Time, the Customer would have to contact the DNO directly.
11. HKBN reserves the right to the final decision on any dispute regarding the terms and conditions herein stated.
12. These Terms and Conditions shall be subject to the General Terms and Conditions of HKBN and Customer agrees to abide by all the terms and conditions stated therein as may be in force
      from time to time.




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