CMHK Home Broadband Terms and Conditions

1. Broadband Services

1.1 The Customer is deemed to have accepted all Terms and Conditions as set forth herein as may be amended from time to time when applying and using the Broadband Services and the Equipment or any access devices 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" purpose. If the Customer or in CMHK’s reasonable opinion use the Broadband Service for non-residential purpose, CMHK reserves the right to terminate the Broadband Service forthwith.

1.3 Unless otherwise provided, words and expressions used herein shall have the same meaning ascribed to them in the General Terms and Conditions.

1.4 CMHK may make modifications, deletions and/or additions to this Agreement for the provision of the Broadband Services, monthly fees and all applicable terms and conditions (“Changes”) at any time. Changes will be effective thirty (30) days after CMHK provides notice of the Changes, whether such notice is provided through the CMHK’s Website, or is sent to the email/residential address associated with the billing account.

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 associated fees for broadband-related services (“Fees”) via credit card autopay during the Minimum Subscription Period unless the Customer is an existing customer of CMHK Mobile Services.


1.7 If the Customer is required to pay the monthly fee and associated fees for broadband- related services (“Fees”) via credit card autopay during the Minimum Subscription Period, the Customer agrees and authorizes CMHK to charge the Fees to the credit card autopay on file with CMHK. If CMHK is unable to obtain a charge authorization for the full amount due, the Customer agrees to provide alternative credit card information within three (3) days’ notification of the amount due, failing which the Broadband Service will be suspended.

 

1.8 CMHK shall have the right to send, deliver, 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 Premium (if any) will only be distributed to the Customer on the broadband service installation date.

1.10 The Customer acknowledges and agrees that CMHK may obtain an alternative provider to provide the Broadband Services to the Customer.


2. Customer’s Obligations

2.1 Basic Installation Fee will be waived provided that the Customer is committed to a twenty-four (24) months Broadband Services contract.

2.2 The Equipment provided by CMHK which is lent to the Customer at no extra charge. The Customer shall at all times use the said equipment with due care and in a proper manner. 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 first obtains specific written authorization from CMHK.

2.3 The Customer shall use the Broadband Service in accordance with the Terms and Conditions of Broadband Services as they may be updated from time to time.

2.4 The Customer shall provide true, accurate, current 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 effective at the next billing cycle by provided written 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) before the start of next billing cycle. If the Customer is unable to provide written notice within the prescribed timeframe, the change will become effective only upon the next billing cycle.

2.7 Upon the expiry of the Minimum Subscription Period, the Broadband Service will automatically be provided to the Customer on a monthly basis and the Standard Monthly Fee of the Broadband Services being subscribed will apply.

 


3. Suspension and Termination

3.1 The Customer is entitled to a 7-day cooling-off period commencing from the date following the registration of the Broadband Services. If the Customers chooses to cancel the Broadband Service within the cooling-off at any point after the order is placed, but before the Broadband Service has been activated, the Customer will not be invoiced and will not be charged a processing fee. The Customer is required to revisit the shop where the order is placed.

3.2 The Customer shall note that CMHK may limit or 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 and if any outstanding amount owing remains unsettled by the Customer, CMHK may terminate the provision of the Broadband Service.

3.3 Termination does not affect the Customer’s obligations under this Agreement, including the Customer’s obligation to pay all Fees for the Broadband Services rendered prior to termination and any other costs incurred as a result of such termination.

3.4 The Customer may terminate the Broadband Service for any reason by providing notice to CMHK at least thirty (30) days prior to the requested termination date. If the Broadband Service is terminated prior to the end of the Minimum Subscription Period, the Customer will be subject to an Early Termination Fee as set forth hereinbelow:

Remaining months of the Minimum Subscription Period Early Termination Fee
12 months and above Any previously installation charges waived (HKD$680.00)
+
Remaining months x Standard Monthly Fee
Less than 12 months Remaining months x Standard Monthly Fee

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

3.6 If the Customer requires re-installation of the Broadband Service due to any change of installation address, Relocation Costs of HKD$400.00 (or the prevailing fee of the Relocation Costs) will apply.

3.7 If the Customer terminates the Broadband Service as a result of moving to area without Broadband Service coverage, the Customer will be subject to an Early Termination Fee as set forth hereinbelow:

Remaining months of the Minimum Subscription Period Early Termination Fee
12 months and above Any previously installation charges waived (HKD$680.00)
+
The premium value (if applicable) / Minimum Subscription Period x Remaining months of the Minimum Subscription Period

Eg.: Premium is worth HKD$2400.00, the Minimum Subscription 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.
Less than 12 months The premium value (if any)/Minimum Subscription Period x Remaining months of the Minimum Subscription Period

 3.8 In the event of disconnection of the Broadband 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 hereinbelow:

Equipment Replacement Cost*
1)Optical Network Terminal; Adaptor; Optical Fibre HKD $1,500
2)Adaptor HKD $100
3)Optical Fibre HKD $50
*All prices above will be subject to CMHK at the prevailing rate, and are subject to change

 

 

 4. Invoice

4.1 Existing customers subscribed to CMHK mobile services (“Mobile Services”) shall note that the Fee for the provision of the Broadband Service Fees will be charged on the same billing account.

4.2 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 https://1cm.hk.chinamobile.com/site/login.html?lang=en and review the latest bill.

4.3 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.


5. Use of the Broadband Services

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

     (a) If the Customer does not pay any CMHK bill by the due date (including Mobile Services related fees);

     (b) If the Customer breaches any of these Terms and Conditions;

     (c) If the Customer or in CMHK's reasonable opinion abuses the Broadband Services;

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

     (e) If CMHK is unable, for any reason including any act or omission of any provider, to (where relevant) supply or provide the Broadband Services.


6. Maintenance and Configuration

6.1 In the event of on-site maintenance service (except for error/problem caused by network or equipment), 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 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 Broadband Services.

6.3 The Customer 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. Liability

7.1 CMHK disclaims any liability for (i) any damage to or loss of data, software and/or hardware pre-installed in the Customer’s computer; (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 computer system; and (iii) any claim for the disruption or suspension of the Customer’s computer or any part thereof.

7.2 CMHK exercises no control and shall not accept any liability whatsoever over the content passing through the Broadband 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 Broadband Services it is providing and in particular disclaims any responsibility for the accuracy or quality of information obtained through its Broadband 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.

7.3 The Customer fully understands and accepts that the Broadband 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 Broadband Service as quickly as 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 Broadband Services and accepts no liability in relation thereto.

7.4 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 or refund is available when all or any of the Broadband Services is down or suspended in any manner whatsoever.

7.5 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 should 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
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 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 to1000Mbps. The actual bandwidth 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 environmental factors; and hence is normally less than the above speed. The bandwidth to overseas sites will also be subjected to the conditions of local network there, and therefore the bandwidth might be even less.

8.2 When using the Service, it is necessary to use the Optical Network Terminal provided by CMHK for successful connection with the network. The Optical Network Terminal needs 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. 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 on human eyes.

8.3 Unless otherwise agreed with you, our installation of the CMHK Service at the Premises shall mean our installation and connection of broadband line to the first landing broadband socket only within the Premises as determined at our sole discretion.

 

 9. Force Majeure

9.1 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.


10. Governing Law

10.1 These Special Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region.


11. Personal Data

11.1 The Customer has read, understood and agreed to the provisions in the General Personal Information Collection Statement and the Privacy Policy Statement, which are available at https://www.hk.chinamobile.com/en/pics.html and https://www.hk.chinamobile.com/en/privacy.html respectively.


12. Dispute

12.1 CMHK reserves the right to the final decision on any dispute regarding these Terms and Conditions herein stated.

 

 

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 Home Telephone Service 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 can use international communication service. The international communication service provided by CMHK is subject to the Terms and Conditions set out herein and the terms and conditions prescribed by CMHK and the relevant provider of such service from time to time.
3.4 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.
3.5 The Customer can select the service activation date when subscribing to Home Telephone Services, the service activation date must be within 180 days after successful installation. Standard Monthly Fee will be charged from the service activation date.
3.6 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.
3.7 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.
3.8 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.
3.9 If the Customer is required to pay the monthly fee and associated fees for broadband- related services (“Fees”) via credit card autopay during the Minimum Subscription Period, the Customer agrees and authorizes CMHK to charge the Fees to the credit card 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.
3.10 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.
3.11 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.
3.12 The Customer acknowledges and agrees that CMHK may obtain an alternative provider to provide the Home Telephone Services to the Customer.
3.13 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 one hundred and eighty (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 is entitled to a 7-day cooling-off period commencing from the date following the registration of the Home Telephone Services. If the Customers choose to cancel the Home Telephone Service within the cooling-off at any point after the order is placed, but before the Home Telephone Service has been activated, the Customer will not be invoiced and will not be charged a processing fee. The Customer is required to revisit the shop where the order is placed.
5.2 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.
5.3 Customer shall honour and pay all fees and payables due. Termination does not affect the Customer’s obligations under Home Telephone Service 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 Home Telephone Service Agreement and/or Home Telephone Service.
5.4 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.
5.5 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.
5.6 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 Home Telephone Service 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 https://1cm.hk.chinamobile.com/site/login.html?lang=en 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 Home Telephone Service 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 Home Telephone Service 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 and the Privacy Policy Statement, which are available at https://www.hk.chinamobile.com/en/pics.html and https://www.hk.chinamobile.com/en/privacy.html respectively.
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 Home Telephone Service Agreement, CMHK reserves the right to the final decision.