China Unicom (Hong Kong) Operations Limited

General Terms and Conditions for Mobile Service

 

1.             Agreement with Customer

1.1.        These terms and conditions for mobile service (“General Terms”) is applicable to all Services provided by China Unicom (Hong Kong) Operations Limited (“CUHK”).

1.2.        All Customers using the Services of CUHK must enter into a contract with CUHK (“Contract”). The Contract consists of:

(a)       The Application Form;

(b)       Any Supplemental Agreement;

(c)       Any applicable special terms and conditions to specific services (“Special Terms”);

(d)       This General Terms; and

(e)       Any relevant applicable policies, provisions and conditions made by CUHK.

1.3.        If there is an inconsistency or conflict between the different parts of the Contract, the document takes priority in the descending order of preference as set out in clause 1.2 above.

 

2.               Term

2.1.        Unless earlier determined in accordance with this General Terms, the Contract begins on the Service Commencement Date and continues until the expiration of Minimum Contract Period of all Services provided under and covered by the Contract. The Contract will specify the Minimum Contract Period.

2.2.        Not more than sixty (60) days and not less than thirty (30) days prior to the expiration of Minimum Contract Period, CUHK may inform Customer the sooner expiration of his Contract and offer a renewal Service Plan (“Renewal Offer”). If Customer accepts the Renewal Offer, CUHK will continue the provision of Service in accordance with the terms and conditions of the Renewal Offer and the (new) Contract upon the expiration of the current Minimum Contract Period.

2.3.        Upon the expiration of the current Minimum Contract Period, if, a) CUHK is unable to contact with the Customer; b) the Customer does not accept the Renewal Offer; or c) the Customer has not terminated the current Contract in accordance with the General Terms, and the Services has not been determined for other reasons, Customer agrees that i) CUHK continues the provision of Service under the same terms and conditions of current service plan on a monthly basis and ii) any complimentary gift, products and services entitled, or benefit, discount or Rebate offered under the current Minimum Contract Period shall be determined.

 

3.             Provision of Services

3.1.        CUHK shall not be bound to accept and may further reject the Customer’s application for Service if:

(a)       the Customer fails to submit proof of identity and address; or

(b)       the Customer fails to satisfy the requisite creditability check; or

(c)       the porting-out of the mobile number from another telecommunications operator is unsuccessful (if applicable); or

(d)       the Customer fails to pay the stipulated price of the chosen Device, Charges and/or deposit for other services or for Device in full.

3.2.        The Services that CUHK provides under the Contract are for Customer’s personal use only and must not be used for commercial purposes. Customer shall not resell or distribute a) the Service provided by CUHK, or b) any information or Content accessible through the Service of CUHK.

3.3.        CUHK will provide the Services to Customers with reasonable care and skill. However, the provision of Service may be adversely affected by factors beyond CUHK’s reasonable control, including but not limited to Force Majeure Event, Network conditions, or interference or faults in the network to which it is connected for the provision of other services by a Third Party Provider.

3.4.        CUHK may need to upgrade, modify or maintain the Network and the Service from time to time in order to continuously provide Service to Customers. During such time, the provision of Service may be temporarily suspended or unavailable.

3.5.        CUHK will provide Services to Customers in accordance with the Monthly Charges and Service Commencement Date as set out in his Contract. Customers agree to abide by the terms and conditions of the Contract in using the Services.

3.6.        The Services provided by CUHK to Customers include mobile telecommunication service  and value added services (“VAS”). Customers may apply for VAS at any time after his Service is successfully commenced. Different kinds of VAS are subject to different applicable Special Terms. Customers must observe the relevant applicable Special Terms to particular VAS as may pronounced by CUHK from time to time. No warranty or guarantee is given by CUHK regarding the fitness for particular purpose or quality of any relevant VAS.

3.7.        Customer agrees to pay the Charges associated with VAS and be abided by the relevant rules such as limit in airtime when using VAS. If call conference VAS is used, the originator of the conference call will be charged for the total airtime spent of all connected phone number lines in the call conference. If Mobile Data VAS is used, Customer will be charged for the total volume of data used as recorded by CUHK.

3.8.        Customer may apply for International Direct Dial (“IDD”) and International Roaming Services (“IRS”) at any time. Upon successful application and payment of relevant deposit, Customer can use IDD and IRS in the relevant countries or places where CUHK have signed a roaming agreement with the relevant telecommunications carriers. CUHK may change the Charges for IDD and IRS from time to time without notice. Customer may call our customer service hotline (852) 2122 1188 or visit our Website for the latest applicable Charges before using such services.

3.9.        All services of CUHK which are charged on a daily basis will be calculated according to the Hong Kong time zone from 00:00 to 23:59 each day.

 

4.             Cooling Off Period (Only applicable to Unsolicited Contract)

4.1.        If a contract with CUHK is made when CUHK placed unsolicited visit to Customer’s home (“Unsolicited Contract”), a cooling off period is applicable to the Unsolicited Contract. The cooling off period starts from the date of entering into the Contract and runs for seven (7) days. During the cooling off period, Customers may call CUHK’s customer service hotline (852) 2122 1188 or visit any of CUHK’s shops in Hong Kong to cancel the Contract. If any Unsolicited Contract is cancelled during the cooling off period, CUHK will not charge for the Services rendered. However, CUHK is entitled to charge reasonable and appropriate handling fee for cancellation of contract.

4.2.        Customers agree that cooling off period shall cease to apply in the following circumstances:

(a)     Once Customer expressly agrees to waive the cooling off period completely upon signing of the Contract although the benefits of cooling off period is made known and no undue influence or inducement from CUHK is confirmed,;

(b)     Once CUHK has commenced the provision of Services;

(c)     Any complimentary gifts or promotional items given by CUHK associated with Customer’s ordering and using the Service have been collected by or delivered to the Customer; or

(d)     Three (3) days before the Customer’s agreed and scheduled completion date of number Porting.

 

5.               SIM Card

5.1.        When Customer enters into a Contract with CUHK and duly pays the Charges according to the terms of the Contract, CUHK will provide the SIM Card or relevant Device based on the intended or commenced provision of Services. Unless otherwise agreed in writing or stipulated in the Contract, the SIM Cards, which are lent to Customers for use, are and remain the property of CUHK. Customers must not transfer, tamper with or alter the SIM Cards in any ways.

5.2.        There are one Hong Kong and one China phone numbers assigned to each of the SIM Card provided by CUHK. Porting application is only applicable to Hong Kong phone numbers and is not applicable to China phone numbers.

5.3.        If there is any damage to the SIM Card provided by CUHK out of normal ordinary use by Customer, CUHK may, at its sole discretion, repair or replace the SIM Card for Customer free of Charges. Upon expiration or sooner determination of the Contract with CUHK, Customer must, in accordance with the notification from CUHK, immediately return the SIM Card to CUHK and deliver it to the shop as directed by CUHK. However, Customers are required to pay CUHK the relevant repairing or replacement fee as set by CUHK from time to time under the following circumstances:

(a)   Customer fails to immediately return the SIM Card and deliver it to the shop as directed by CUHK in accordance with CUHK’s notification; or

(b)   the damage of SIM Card is caused by the abuse, misuse, negligence or wilful act of Customer or any third party; or

(c)    the SIM Card is lost or stolen.

5.4.        If the Customer’s SIM Card is lost or stolen, Customer must forthwith inform CUHK the incident by calling our customer service hotline (852) 2122 1188 or personally visit any of CUHK’s shops in Hong Kong. Furthermore, Customer has to submit within two (2) working days the written notification of incident and request for suspension of Services to CUHK in support. Unless and until the receipt of the aforesaid notification by CUHK from Customer, Customer shall remain fully responsible for all the Charges and costs incurred arising out of the lost or stolen SIM Card and in all circumstances, Customer has to bear and pay the Monthly Charges.

 

6.             Security Deposit or Upfront Payment in Advance

6.1.        At any time, Customer may be required to pay a security deposit or upfront payment in advance in order to enjoy the provision of Services or Device by CUHK. The amount of such security deposit and upfront payment in advance shall be determined by CUHK.

6.2.        Without prejudice to any other rights or remedies of CUHK, CUHK is entitled to deduct the following from such security deposit or upfront payment in advance:

(a)   the outstanding Charges or amount which are due and payable by Customer under the Contract or under the terms of other contract signed with CUHK;

(b)   the loss or damages sustained by CUHK arising out of Customer’s breach of the Contract or breach of the terms of other contract signed with CUHK.

6.3     Upon determination of this Contract and after setting off all the outstanding Charges or amount which are due and payable by Customer and/or the loss or damages sustained by CUHK arising out of Customer’s breach of the Contract or breach of the terms of other signed with CUHK pursuant to clause 6.2 herein, the remaining balance of the security deposit or upfront payment in advance (if any) will be refunded without interest to the Customer within reasonable time.

6.4     Customers understand and confirm that they may not be able to get back the paid security deposit or upfront payment in advance in the event CUHK undergoes winding up. Customers hereby agree to bear the risk associated with the payment of such security deposit or upfront payment in advance.

 

7.             Charges and Payment

7.1.        Customer agrees and undertakes to pay all Charges as set out in the Contract for the provision of Services and Device by CUHK, notwithstanding such Service and Device are used by Customer or other third party.

7.2.        Upon entering into the Contract, Customer must pay CUHK the Monthly Charges for the first month, the purchase price of Device, the charges associated with SIM Card (if applicable), or other advance payments etc. Unless otherwise stipulated in the Contract, CUHK will, starting from Service Commencement Date, issue a bill to Customer requesting for the payment of Monthly Charges for the current month and such other charges as required to be payable in advance, and those Charges chargeable by usage for the preceding month. If it is possible, the bill will show those Charges chargeable by usage for the preceding month. However, sometimes those Charges may be shown in the bill of the subsequent months.

7.3.        All the Charges are exclusive of any and all applicable taxes which include value added tax (if any) and surcharges as required under applicable law (if any). CUHK will separately request for settlement of these taxes under the invoice.

7.4.        The bills of CUHK are in Hong Kong currency. Customers shall settle the amount as shown under the bill in Hong Kong currency, and must pay the billed amount in full or the total amount that the Customer owed under his Contract in full without set-off or deduction within thirty (30) days from the date of the bill (“Due Date”). CUHK is entitled to charge interest on the overdue amount from the Customer at an interest rate of 2% per annum above the best lending rate of The Hongkong and Shanghai Banking Corporation Limited, or such highest interest rate as allowable under applicable law (apply the higher rate amongst the two) from the Due Date until full payment.

7.5.        CUHK will send the bill by SMS to Customer’s Hong Kong mobile number, or through electronic mail to the Customer’s email account. Customer may log-in to his own web account to check the bill.

7.6.        CUHK will use its best endeavour to ensure the accuracy of the bills issued to Customers. Unless there is sufficient proof that CUHK’s records of billing are inaccurate, the bills and records of CUHK are evidence proving the accurate amount of Charges payable by Customers. If Customer considers that the Charges shown in the bill are incorrect and would like to raise an enquiry or objection, the Customer must notify CUHK within thirty (30) days from the date of issue of the bill. If Customer fails to give CUHK the aforesaid notice within time, the bill will be deemed to be accurate and accepted by the Customer. Unless otherwise stipulated in writing, this provision shall not relieve the responsibility of Customer to settle the bill on or before Due Date.

7.7.        For the purpose of managing the usage of Services by Customer, CUHK is entitled to set a credit limit for each Customer and to alter the said credit limit according to circumstances. When Customer’s Services usage reaches or exceeds his credit limit, CUHK will suspend the provision of Services to the Customer. However, in any event Customers shall be responsible for the settlement of the relevant Charges of Services usage exceeding his credit limited.

7.8.        If there are more than one contract or other agreements made between the Customer and CUHK, CUHK is entitled to set off the outstanding Charges of the Customer under one contract against the remaining account balance of his other agreement; or to transfer the remaining account balance from one contract to another.

 

8.             Customer’s responsibilities

8.1.        Customers should duly perform all his liabilities and responsibilities stipulated in this Contract.

8.2.        Customer should provide documentary proof as required by CUHK to show that the information provided under the Contract is true and correct. If there is any change in the address or other information provided to CUHK, Customer should up-date the changes to CUHK as soon as possible as this may affect the provision of Services or mailing of bills or sending relevant notification to the Customer.

8.3.        To ensure the receipt of bills sent by CUHK, Customers are required to constantly check the SMS of his mobile phone and his web account. If Customer does not receive the bill as described under clause 7.5 hereof, please contact CUHK immediately.

8.4.        Customers undertake to fully settle all Charges in relation to the provision of Services and Device, and all fees and charges imposed by the Government Authority in respect of the usage of Services at relevant places, including but not limited to all voice charges, applicable tax and duty, mobile services licence and administration fee, and such legal costs incurred by CUHK or its agent as a result of failure to settle overdue Charges or fee for Device by Customer.

8.5.        Customers shall abide by the “Fair Usage Policy” as pronounced by CUHK at its Website from time to time and the laws of Applicable Jurisdiction when using the Services or Devices provided by CUHK. The usage of the Services or Devices provided by CUHK by any person (no matter authorized by Customer or not) shall be treated as usage by the Customer and the Customer shall be fully liable for such usage.

8.6.        For the convenient use of auto-service by Customer, each Customer will be assigned a personal password and a personal PIN. Customer must take all necessary measures to keep confidentiality and proper use of his personal password and PIN, and not to disclose to any other third party. Should any unauthorized use of personal password and PIN is discovered, Customer should inform CUHK immediately, otherwise Customer shall be liable for all the Charges arising from it until a request for suspension of Services from the Customer is received by CUHK. In any event, Customer is still required to pay the Monthly Charges.

8.7.        Customer shall ensure the compatibility of his Device and the Services provided by CUHK, and ensure the setting of such Device is in accordance with such notified by CUHK, the reasonable procedures and requirements of Applicable Jurisdiction.

8.8.        Customer shall not, through any Services and Device provided by CUHK:

(a)   send or transmit any short messages, multi-media information, content or materials which are obscene, immoral, vulgar indecent, causing public anxiety, false, fraudulent, defamatory, discriminatory, intruding privacy, threatening, abusive, provocating, inducing racial hatred, or illegal;

(b)   send or transmit any unsolicited commercial messages or content, or any content which infringes any intellectual property rights of other;

(c)    act in a way that may constitute an encouragement of the commission of criminal offenses, intrusion of others’ rights, fraud or violation of the laws of Applicable Jurisdiction;

(d)   act in a way that may interrupt or damage, or intend to interrupt or damage the Network of CUHK or other third party;

(e)   act in a way that may adversely affect the goodwill of CUHK.

8.9.        Customers admit and agree that the intellectual property rights of the Services, the Device and Content belong to CUHK, the Third Party Provider or permittee of CUHK.

8.10.     Customer shall not subsell, or distribute to any other third party in any way the Services and Device of CUHK, and shall not transfer or distribute any rights or obligations, in whole or in part, of Customer under this Contract.

 

9.               Sale of Device

9.1.          If Customers purchase Device from CUHK, Customers understand:

(a)   as the manufacturer of the Device provides maintenance service, CUHK will not be responsible for any damage or repair of Device which are sold by CUHK; and

(b)   CUHK does not accept the return of Device by Customer, nor replacement by any other mobile device, or refund to the Customer.

9.2.          If Customers select or use any mobile device provided by any other third party, Customers are responsible to ensure the compatibility of such device when use it for the Services provided by CUHK.

9.3.          Unless otherwise stipulated in this Contract, Customer must make full payment for the purchase of the Device upon delivery of such Device.

9.4.          If Customers place an order for Device, Customers are required to pay to CUHK a deposit the amount of which is determined by CUHK. Furthermore, Customer should visit the shop designated by CUHK to collect the Device and settle the outstanding balance of purchase price within fourteen (14) days from the date of notification by CUHK, failing of which CUHK has the right to treat it as a breach of Customer and all the deposit paid are forfeited to CUHK as liquidated damages.

9.5.          The title and ownership of the Device remains with CUHK until the purchase price of the Device is fully paid by Customer. If the purchase price of Device is not fully settled, CUHK has the right to repossess such Device from Customer. Notwithstanding the above mentioned, the risk of Device is passed to Customer upon his collection of the Device.

9.6.          Unless otherwise stipulated in this Contract, the manufacturer’s warranty (if any) associated with the Device sold by CUHK is the sole warranty provided for the Device. As limited by the relevant legal stipulation, it excludes all other sales provisions, qualification, guarantee and representation. CUHK does not responsible for the repair of any faulty Device and does not guarantee that the Device is fit for any particular purpose or need of Customer.

9.7.          The delivery or collection date and time of Device are an estimation only, and do not constitute the material terms of the Contract. If CUHK is unable to provide the Device to Customer, CUHK is entitled to cancel the order in whole or in part without any compensation to Customer.

 

10.   Suspension or Termination of Service

10.1    CUHK may, without cause or any compensation, terminate this Contract or any part of the Service by giving not less than thirty (30) days’ prior notice to Customer.

10.2    Customer may terminate this Contract or any part of the Service by giving not less than thirty (30) days’ prior notice to CUHK by calling customer service hotline (852) 2122 1188 or personally visit CUHK shop in Hong Kong. However, Customer should comply with clauses 10.6 and 10.7 of this Contract (if applicable).

10.3    CUHK may, to use its best effort to inform Customer as far as possible, restrict, suspend, terminate or cancel this Contract or any part of the Service at any time under any of the following situation:

(a)   the Customer fails to pay any Charges or price of Device;

(b)   the Customer breaches this Contract or CUHK reasonably believe that the Customer has breached this Contract;

(c) the Customers’ Services usage volume or Charges exceeds the credit limit or usage limit specified by CUHK from time to time or do not conform with Fair Usage Policy;

(d) the Customer file a petition for bankruptcy or is insolvent, or is unable to pay his debt, or makes any arrangement or composition with or assignment for the benefit of the creditors, or goes into liquidation, either voluntary (other than for reconstruction or amalgamation) or compulsory, or if a receiver or administrator (or the equivalent of any such person in the Applicable Jurisdiction) is appointed over such Customer’s assets;

(e)   the Customer or the other person (whether this person is authorized by the Customer or not) uses the SIM Card or the Services provided by CUHK for improper or illegal purpose, or to use or send abusive language, threatening or obscene words, messages or content towards CUHK’s staff or customers;

(f)    maintenance, repairing, testing, improving or upgrading by CUHK for the purpose of maintaining integrity, safety and up-to-date of Network;

(g)   for technical difficulties or commercial reason that CUHK cannot continue the provision of Services to Customers;

(h) CUHK cannot continue the provision of Services to Customers due to the determination of services provided by Third Party Provider;

(i)    the court or Government Authority of the Applicable Jurisdiction rules that or CUHK reasonably believe that the Services provided by CUHK under the Contract are in breach of the laws, rules or regulations, or the laws of other Applicable Jurisdiction.

10.4      CUHK may, without notice to Customer, restrictsuspendterminate or cancel this Contract or any part of the Services at any time under any of the following situation:

(a)   the Services are in breach of the laws, rules or regulations;

(b)   Modification, maintenance, upgrading or repairing the Network by CUHK under emergency situation.

10.5      Where CUHK suspends any part of Services according to Clauses 10.3(a), (b), (c) or (d), Charges for the relevant Services will continue to accrue during the period of suspension until (1) CUHK terminated the provision of such Services or this Contract; or (2) the Customer cure the breach until CUHK reconnects the Services. CUHK reserves the right of charging for the reconnection fee against the Customers if reconnection is required.

10.6      Where either Customer according to Clause 10.2 or CUHK according to Clauses 10.3(a), (b), (c), (d) or (e) terminates this Contract or any part of the Services prior to the expiration of Minimum Contract Period, all the Rebate and discount shall be cancelled forthwith for the remaining Minimum Contract Period. The Customer shall forthwith pay all the un-paid and/or overdue Charges up to the date of termination (including that date) as well as the following early termination fee:

(a)   the total amount of Monthly Charges for the remaining Minimum Contract Period; and

(b)   the administrative fees of HK$300 for early termination of the Contract.

10.7      If Customers obtained certain immediate benefit in relation to any Services or Device associated with their entering into the Contract with CUHK, and terminated the Contract or any Services early before end of Minimum Contract Period, CUHK has the right to withdraw or cancel such benefit, or to deduct from any account of Customers a reasonable amount equivalent to the value of the benefit, or to claim against the Customers in respect of the benefit given.

 

11.   Limitation of Liability

11.1      CUHK will use reasonable skill and care of a telecommunication service provider to provide the Services and will use all reasonable efforts to restore the Services in case of disconnection of Network. CUHK makes no express or implied warranties or undertakings under this Contract.

11.2    Customers agree and confirm that CUHK will not be held liable for the direct or indirect, incidental or associated loss or damages caused by the failure, interruption or delay of the provision of Services or Device under this Contract; or the direct and indirect loss or damages (including loss of profit or other losses notwithstanding such losses are arising from the negligence of CUHK, its employees, agents, subcontractors or Third Party Providers or not) caused by any incident .

11.3      CUHK is not liable to the Customer for failure to provide Services caused by the refusal or delay of Third Party Providers in providing service to CUHK and CUHK is unable to obtain replacement of such service at a reasonable cost; or if the disruption of Services is due to judicial or regulatory restrictions.

11.4      Customers agree and confirm that CUHK will not be held liable, no matter it is based on contract, tort, statute or other reasons (in each case including negligence), for any special, indirect or consequential loss or damages (including but not limited to profit revenue) in relation to this Contract or any of the Services provided under it, data loss or damage, or any loss or damages caused by the spread of virus.

11.5      CUHK’s liability as to the direct loss or damages of Customers caused by CUHK, no matter it is based on contract, tort, statute or other reasons, is limited to the extent as permitted by law to the direct damage to Customers' personal real estate or tangible assets, and the amount is limited to the sum of 12-month Monthly Charges paid by the Customers according to the Contract or the part of Services immediately before the loss or damage occurred, but the loss or damages arising out of personal injuries or death incidents are excepted.

 

12.   Force Majeure

CUHK shall not be held responsible for any failure to provide the Services in accordance with this Contract due to or resulting from Force Majeure Events. Force Majeure Events include, but are not be limited to unpredictable, unforeseeable, irresistible event and any event beyond the control of CUHK, such as extremely adverse weather, flood, collapse, earthquake, storm, lightning, fire, subsidence, epidemic, act of terrorism, war (whether declared or not), riot, explosion, strike or industrial dispute, civil unrest, sabotage, government action or any behavior or event that beyond the reasonable control of the concerned Party. If any Force Majeure Event lasts for a continuous period of 30 days, either Party may terminate the Contract immediately by written notice to the other Party.

 

13.   Personal Data

13.1      ”Personal Data Privacy Policy” of CUHK is an integral part of this Contract. Customers may visit CUHK’s shops in Hong Kong or visit our Website for an updated version.

13.2      CUHK will request Customers to provide their Personal Data for the provision of the Service. If Customer fails to provide his Personal Data, CUHK reserves the right to decline the provision of the Service.

13.3      Customers agree and understand that CUHK will use the collected Personal Data for the following purposes:

(a)   for the provision of Services to Customers, CUHK may have to transfer the Personal Data to other telecommunication network providers, CUHK’s Affiliates or Third Party Providers within or outside Hong Kong;

(b) marketing or promoting the goods or services of Third Party Providers which are directly related to the provision of current Services or Device by CUHK;

(c)   marketing or promoting the goods or services of CUHK or its Affiliates which are similar or related to the provision of current Services or Device by CUHK;

(d)   analyzing, evaluating or exploring Customers’ need, credit, or payment status;

(e)   analyzing or improving the Services provided by CUHK, its Affiliates or Third Party Providers;

(f)    processing any requests for provision of Services or payment instructions, direct debit and/or credit facilities as requested by Customers;

(g)   verifying the Personal Data collected by CUHK with those collected from different channels (including Third Party Providers) and for different purposes;

(h)   enabling the daily operation of Services provision by CUHK;

(i)    collecting overdue Charges of Services from Customers, including the transfer of your Personal Data to the debt collecting agents;

(j)    for the purpose of prevention, detection, or fighting against crime;

(k)   in accordance with the laws, rules or regulations of the competent Government Authority or court of Applicable Jurisdiction.

13.4      Customers shall notify CUHK of any changes of Personal Data which may affect CUHK’s provision of the Services to Customers. Upon reasonable request by CUHK, Customers must provide information about themselves and their use of Services to assist CUHK to:

(a)   comply with the legal obligations under  Applicable Jurisdiction;

(b)   report to any Government Authority regarding the compliance of the above item (a) obligation; and

(c)   assess whether Customers will observe or perform their obligations under this Contract.

13.5      For the provision of Service by CUHK, Customers authorize CUHK to disclose or transfer their Personal Data to CUHK’s Affiliates, agents, contractors, Third Party Providers (including but not limited to collecting agents, credit reference agents, credit providers or financial institutions) within or outside Hong Kong.

13.6      Customers shall notify CUHK as soon as possible of any changes in their Personal Data (such as name or address) which may affect the provision of Service by CUHK to Customers, otherwise CUHK will assume the latest Personal Data provided by Customers as the up-to-date data.

 

14.   Modification of the terms and conditions of Contract and Notice

14.1    CUHK is entitled to modify the terms and conditions and the Charges of this Contract unilaterally except otherwise stipulated under Clauses 14.2 and 14.3.

14.2    Where CUHK reasonably believe that the modification of terms and conditions or the increase in Charges (save and except the service charge of IDD and international roaming) will directly have a significant negative impact on the Customers, CUHK will give the Customers not less than thirty (30) days’ prior notice of the modification by means of the forthcoming invoice, SMS (applicable to Customers who enjoy the Services without registration) or other appropriate methods.

14.3    Due to CUHK’s,

(a) increase in the Monthly Charges stipulated in this Contract (excluding administrative fees, deposit, or payment in advance, or any exempted payment) or Charges charged by usage (excluding service charge of IDD and international roaming) exceeds 30% or HKD30 (whichever is higher), or

(b) modification of terms and conditions leads to a significant change to the quality of Services, Customers may cancel the relevant Service in issue without paying any early termination charge and any other cancellation fees by giving at least fifteen (15) days’ prior notice to CUHK through calling customer service hotline (852) 2122 1188 or visiting any CUHK’s shops in Hong Kong. This Contract is still applicable to the other Services which are not affected by such modification.

 

15.    Notice from CUHK

All communications or announcements under this Contract, unless the laws of Applicable Jurisdiction require otherwise, CUHK may by means of letters, remarks in or attachments to billing invoices, SMS or voice messages sent to Customers’ mobile numbers, announcements made in CUHK's Website or Hong Kong newspapers, or other methods as CUHK thinks fit, and are deemed to be properly served under the following situations:

a) if deliver personally, upon successful delivery;

b) if send by post, upon one working day after posting; 

c) if send through facsimile, voice message or electronic method, upon successful transmission to Customers; or

d) if released through website or newspapers, upon the first day of release in Website or newspapers.

 

16.    General

16.1    Customer shall not assign, transfer or in any other ways allocate any rights and obligations of this Contract in whole or in part to any third party without the written consent of CUHK.

16.2    CUHK is entitled, without prior notice to Customer, to

(a)   assign any rights and obligations of this Contract to any third party;

(b) freely sell the accounts receivable under this Contract; and

(c) entrust the provision of any part of a single item of Services or this Contract to CUHK’s agents, contractors or Third Party Providers while CUHK remains liable to the act of its agents, contractors or Third Party Providers.

16.3    The provision of Services by CUHK may be governed by the laws and regulations of one or more Applicable Jurisdictions. If CUHK’s provision of Service is ruled to be, or reasonably interpreted to be in violation of the laws of an Applicable Jurisdiction outside Hong Kong or any additional licence is required, CUHK is entitled to inform Customers the cancellation or determination of such Service immediately pursuant to Clause 14 hereof. Customers must pay all Charges for such Service provided prior to the date of cancellation or determination, but will not be liable to pay for other fees. CUHK shall not be liable for any other loss or costs arising out of changes in laws or regulations which affect the provision of Services.

16.4    The rights and obligations of both Parties which by its nature are intended to sustain after Contract’s expiration or termination, including but not limited to Clauses 8, 10 and 11, will continue to survive after Contract’s expiration or termination.

16.5    If a court of a competent jurisdiction holds for whatever reasons any provision of this Contract to be invalid or unenforceable, the relevant provision will be deemed severed from this Contract, and in any event will not affect the validity and enforceability of the remaining provisions.

16.6    Except otherwise stipulated in this Contract, any failure or delay of either Party in exercising its rights, power or privilege will not be operated as a waiver of such rights, power or privilege unless it is express in writing.

16.7    This Contract is governed and construed by the laws of Hong Kong. Any disputes arising from or relating to this Contract shall be submitted to the exclusive jurisdiction of the Courts of the Hong Kong.

 

17.   Definition

In this Contract, the following terms mean:

CUHK, refers to China Unicom (Hong Kong) Operations Limited.

Customers, refers to the customer who is identified under the contract and sign the contract.

Service(s), means any mobile telecommunication service(s), including but not limited to mobile voice, mobile data, value added services, or other services, provided by CUHK to Customer in accordance with the Contract.

Application Form, means the written telecommunication service application, or other non-written application for the provision of Service which is expressly agreed by CUHK.

Minimum Contract Period, means the minimum fixed commitment period for Service as specified in the Contract.

Service Commencement Date, means the date that the Service is made available to Customer, that is the formal effective date of the contract.

Network, means the telecommunication network owned or operated by CUHK in accordance with its Licence, including all facilities used in or in connection with that network and devices provided by CUHK to Customers.

Monthly Charge, means all the charges, the rates of which are specified by CUHK under the relevant Contract or CUHK’s Website, payable monthly by Customer to CUHK for relevant Service provided.  

Monthly Service Plan, means the monthly payment plan of service, with designated amount of usage and payable on monthly basis, chosen by Customer in his contract or automatically upgraded as agreed by Customer according to this Contract, or the change in the Monthly Service Plan as requested by Customer and agreed by CUHK.

Charges, means the charges and fees payable by Customer to CUHK in respect of the provision of the Service or Device by CUHK based on the rates as specified by CUHK in the Contract or pronounced or informed to Customer in CUHK’s Website from time to time.

Mobile Data, means the data or information transmitted or received via Network or roaming partner’s network which support data service.

Device, means mobile phone, other wireless devices, login apparatus or devices and accessories used in conjunction with the Service.

Rebate, means the rebate payments as specified in the Contract.

Content, means any data, information, images, graphics, video or audio content, applications, downloadable files or other multimedia content that can be accessed through using the Services.

IDD, means international direct-dial telephone service.

Porting, the process which enables Customer to retain his existing phone number when switching his Service subscription from other telecommunication operator to CUHK, or from CUHK to other telecommunication operator.

SIM Card, refers to the customer identity module card including USIM card.

Affiliatemeans in relation to an entity, (a) any entity under the control of such entity, or (b) any entity controlling such entity, or (c) any other entity under the control of a controlling entity under (b) hereof.

Personal Data, means any name, address, service provisioning information, service billing information or other “Personal Data” as defined in the Personal Data (Privacy) Ordinance (Laws of Hong Kong Cap.486).

Message, means SMS, graphic, email or data sent by electronic or other channels.

Third Party Provider, means any third party provider which provides information or Content service that can be accessible and used through the Service provided by CUHK.

Government Authority, means any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency, entity under Applicable Jurisdiction, including the Communications Authority of Hong Kong.

Hong Kong, means Hong Kong Special Administrative Region of the People’s Republic of China.

China, means the People's Republic of China but excluding Hong Kong, Taiwan and Macau Special Administrative Region.

Licence, means a licence issued by Government Authority to CUHK from time to time authorizing its provision of Services.

Business Day, means any day other than Sunday or public holiday of Hong Kong.

Applicable Jurisdiction, in relation to any service or act, it refers to the local laws and regulations applicable to the place where the service is provided, an act is taken or omitted.

Website, means CUHK’s website hk.chinaunicom.com and the changed website from time to time.

17.2      Headings are inserted for ease of reference only and do not affect the interpretation of this Contract.

17.3    Unless the context other requires, the singular includes plural, the masculine gender includes the feminine and neuter genders and vice versa.

 

(In case of any discrepancies between the English and Chinese versions of this Contract, the Chinese version shall prevail.)


General Terms and Conditions Travel Prepaid SIM

China Unicom(Hong Kong)Operation Limited Fair Usage Policy

 

1. Policy objective

 

In order to meet customers growing demand for mobile data usage, China Unicom Hong Kong will strive to enhance the quality of telecommunications services. However, China Unicom Hong Kong network is shared by all customers, high amount of clients or customers in the use of high-usage applications such as point to point services (Peer-to-Peer services) and network sharing (Tethering) occupied by a network resource usage is higher, which could affect other customers. In order to ensure that each customer can be given equal access to mobile data services and reasonable environment, without affecting other customers, and protect the stability and security of China Unicom Hong Kong network, China Unicom Hong Kong establish the Fair Usage Policy, through the implementation of the policy so that every customer has a fair and reasonable opportunity to use mobile data services.

 

2. Policy implementation

 

2.1 Customer signed with China Unicom (Hong Kong) ' Mobile Communication Service Application Form”, "China Unicom (Hong Kong) Mobile Communication Terms of Service " and other accompanying documents (" Service Contract "), China Unicom (Hong Kong) will be selected according to customer's service plan, the Hong Kong mobile data limit and related charges, and value-added services in service contracts stipulate apply to customer’s “Fair Usage Data Threshold”.

2.2. In the 1st of each month from 00:00 to 23:59 the last day of each month ( "Monthly service period " ) , once the aggregate local data usage of a customer reaches the relevant Fair Usage Data Threshold applicable to the customer, customer can still use mobile data services , but China Unicom (Hong Kong) have the right to reduce and restrict the data access speed (upload and download) to not less than 128 kbps, and limit the use of non- peer (peer-to-peer services) and network sharing (tethering) function. The restriction will cease to apply at the beginning of the next monthly service period.

 

3. Application and modification

 

3.1. This principle applies to all customers using China Unicom (Hong Kong) personal telecommunications services. Any discrepancies in this principle with the contract terms related services, places subject to the relevant part of the service contract.

3.2.China Unicom (Hong Kong) reserves the right to revise the terms and conditions of this fair usage policies and amendments in a reasonable way in less than 30 days before the entry into force of amendments to inform customers, and announced a new revision of the fair use policy provisions and effective date in China Unicom (Hong Kong) website (http://www.cuniq.com).



Customer Complaint Settlement Scheme ("CCSS")

China Unicom(Hong Kong) Operation Limited has participated in the "Customer Complaint Settlement Scheme" (hereinafter referred to as "CCSS"). 

 

The CCSS is a mediation scheme set up by the telecommunications industry to help resolve billing disputes in deadlock between customers and their telecommunications service providers.

 

The mediation service is provided by the independent CCSS Centre set up under the Communications Association of Hong Kong, an industry association representing the communications sector in Hong Kong.

 

For further information on the CCSS, please call 21809521 or visit the CCSS website at http://ccss.cahk.hk.