T&C-V067

T&C-V067
Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
Terms & Conditions T&C- V067
(Terms & Conditions for Add-on Numbers Service)
1)
1.1
Your Acceptance
This is an agreement between SmarTone Mobile Communications Limited ("SmarTone" or "the
Company") and you (“You” or "the Customer") for use of Add-on Numbers service ("the Service"). BY
USING THE SERVICE, THE CUSTOMER ACKNOWLEDGES AND AGREES TO THESE TERMS
AND CONDITIONS. If the Customer does not agree to any of these terms and conditions, the
Customer may not use the Service.
1.2
Customers will be defined as SmarTone customers (“SmarTone customers”) if the payment is settled
by SmarTone’s monthly bill. On the other hand, if payment is not settled by SmarTone’s monthly bill,
such customers will be defined as non-SmarTone customers (“non-SmarTone customers”).
2)
Service Plan
2.1
2.1.1
Standard Plan
The following are details of the Standard Plan:
Service
Service Fees
Add-on Numbers
HK$5/number/day
Capped at HK$35/number/30 days
2.1.2
The Standard Plan is charged on a daily basis. The service fees are payable in advance and nonrefundable under whatever circumstances.
2.1.3
Download, usage and content update of this service will incur data. For SmarTone customers, it will be
deducted from relevant subscribed service plans and charged at the applicable thereafter fee.
Alternatively, it will be charged based on standard data charges. For non-SmarTone customers, please
check with your mobile operator or network provider for necessary data charges.
2.1.4
Under the Standard Plan, each add-on number is charged at HK$5 a day on a recurring basis and
capped at HK$35 per 30 days. A day is defined as 00:00-23:59, Hong Kong time.
2.2
Monthly Plan Contract Offer (applicable to SmarTone customers)
2.2.1
The following are details of the Monthly Plan Contract Offer:
Service
Add-on Numbers
Monthly Plan
Contract
Contract Offer
Period
HK$30/number/month
12 months
Monthly Plan
Liquidated
Damages
HK$35/number/month *
HK$30 x remaining
months of the
Contract Period (per
number)
* Monthly Plan is only applicable to customers with an expired contract of the Monthly Plan Contract Offer.
Updated on 30/11/2015
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Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
2.2.2
The Monthly Plan Contract Offer and the Monthly Plan is charged on a monthly basis. The billing date
of the Monthly Plan will be the same as the registration date of the add-on number, which may be
different from the billing date of your mobile telephone service. The monthly charges are non-refundable
under whatever circumstances.
2.2.3
Unless otherwise specified by the Customer, the Service will continue to be provided to the Customer
after the expiry of the Contract Period under the Monthly Plan.
2.2.4
Download, usage and content update of this service will incur data. For SmarTone customers, it will be
deducted from relevant subscribed service plans and charged at the applicable thereafter fee.
Alternatively, it will be charged based on standard data charges.
2.2.5
The Customer shall pay the Company liquidated damages specified in clause 2.2.1 upon the
occurrence of any of the following events before the expiry of the Contract Period:
a) if the Customer changes to a service not specified above; or
b) if the Customer terminates the Service; or
c) if the Customer changes the mobile telephone number, add-on number or the registered name for
the mobile telephone number; or
d) if the mobile telephone service is terminated or disconnected for whatever reason; or
e) if at the request of the Customer or for whatever reason caused by the Customer, the mobile
telephone services cannot be activated within 90 days from the date of the Service Plan
subscription
2.2.6
Within the Contract Period, the Customer is required to visit SmarTone stores for cancellation of
Service.
2.3
Yearly Plan (Applicable to non-SmartTone Customers)
2.3.1
The following are details of the Yearly Plan (no contract is required):
Service
Yearly Plan
Advanced payment
Add-on Numbers
HK$360/number/year
HK$368/number
2.3.2
The Yearly Plan is charged on a yearly basis. The billing date of the Yearly Plan will be the same as the
registration date of the add-on number. The service charges are non-refundable under whatever
circumstances.
2.3.3
Unless otherwise specified by the Customer, the Service will continue to be provided to the Customer
after the expiry of the Yearly Plan under the Standard Plan. For service charges of the Standard Plan,
please refer to clause 2.1.
2.3.4
Download, usage and content update of this service will incur data. For non-SmarTone customers, it will
be delivered by data through the customers’ mobile operator or network provider, and usage will incur
data charges. Please check with your mobile operator or network provider about the respective data
charges (if any).
Each add-on number is allowed to subscribe to one Standard Plan or Monthly Plan Contract Offer or
Monthly Plan or Yearly Plan only.
2.4
2.5
The Service can only be used on mobile handsets specified by the Company. Any actions on jailbroken
or rooted devices are taken at your own risk.
Updated on 30/11/2015
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Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
2.6
IDD Service
If you use the Service to make outgoing calls to non-Hong Kong phone numbers while you are abroad
or in Hong Kong, applicable IDD charges will be incurred. If you use the Service and dial an
international number with the “+” prefix, the 001 IDD service provided by SmarTone will be used and
charges will be incurred (applicable to SmarTone customers). If you use the Service and dial an
international number with the “1638” prefix, the 1638 IDD service provided by SmarTone will be used
and charges will be incurred. Prior registration is required and you are also required to pay for the IDD
services provided by SmarTone or any other telecommunications service providers for the use of such
IDD services together with the Service.
For details of the charges, please visit:
001 IDD - http://www.smartone.com/en/mobile_and_price_plans/roaming_idd/idd/001idd.jsp
1638 IDD http://www.smartone.com/en/mobile_and_price_plans/roaming_idd/idd/1638idd_country_code.jsp
3)
Payments
Applicable to SmarTone customers:
Service fees and other fees relating to the Service will be reflected in the monthly bill.
3.1
3.2
3.2
Applicable to non-SmarTone customers:
For Customer who subscribes to the Standard Plan, a HK$48 or HK$98 advance payment is required.
Service fees, SMS and MMS charges incurred through using the Service will be deducted from the
advance payment.
3.2.2
For Customer who subscribes to the Yearly Plan, advance payments of HK$360 (as service fee of the
Yearly Plan) and HK$8 (for SMS and MMS charges) are required. SMS and MMS charges incurred
through the Service will be deducted from the HK$8 advance payment. If the SMS and MMS charges
exceed the HK$8 advance payment, Customer is required to pay HK$48 or HK$98 as advance
payment for upcoming SMS and MMS charges.
3.2.3
If the Customer of Standard Plan subscribes to the Yearly Plan, the Customer is required to pay a
HK$368 advance payment for the Yearly Plan.
3.2.4
For payment settled by in-app purchase, whenever the advance payment falls below the upcoming
service fees for the account, you will receive a notification for top up to ensure service continuity.
3.2.5
For payment settled by credit card billing, only Visa or MasterCard is accepted.
3.2.6
For Customer who agrees to credit card auto-payment, if there is insufficient balance in the Customer’s
account, the fees will be debited from the Customer’s credit card.
3.2.7
Upon the Customer’s request, the unused balance of the advance payment is refundable when the
service is terminated after deducting all charges incurred. As the refund processing time depends on
the Customer’s respective bank procedures, customers should check with the bank.
3.3
All questions and disputes regarding usage charges, remaining balance and expiry date of the Service
will be decided by the Company at its sole discretion. All questions and disputes relating to usage
charges must be submitted to the Company within three (3) months from the date of the call in question.
4)
4.1
SMS and MMS Charges (applicable to non-SmarTone customers)
In addition to the service fees of the Service, sending SMS / MMS via the Service (where applicable)
will be charged as below:
SMS
Send to SmarTone customers
Updated on 30/11/2015
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Free
Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
Send to Non-SmarTone customers
HK$0.5/SMS
Send International SMS
HK$2/SMS
MMS
5)
5.1
Send to SmarTone customers
HK$3/MMS
Send to Non-SmarTone customers
HK$3/MMS
Send International MMS
HK$6/MMS
Other Services (applicable to SmarTone customers)
Other service(s) can be subscribed individually per add-on number upon successful subscription of the
Service. For other service details, please visit:
Call Guard - http://smartone.com/callguard/en
Connecting Tone http://www.smartone.com/en/services_and_apps/fun_and_entertainment/connecting_tone/service.jsp
Service
Call Guard
(junk calls blocking only)
Connecting Tone
Service Fees
HK$20/number/month
HK$20/number/month
Including 1 connecting tone change per month
6)
The Service
6.1
The Service supports up to four Hong Kong local phone numbers (including mobile and fixed-line
number) that the Customer uses for service registration. Each add-on mobile number supports its own
caller identity, SMS/MMS, phonebook and voicemail, and each fixed-line number supports the same
features except MMS.
6.2
To use an existing mobile or fixed-line number as an add-on number, please come to SmarTone stores
for registration.
6.3
Subject to the successful porting out of the add-on number, the specific add-on number which has been
ported out will be automatically removed from the Service at the same time.
6.4
The Service can be used on smartphones running iOS 8.0 or above and Android 4.0 or above.
6.5
You hereby authorise the Service to access the address books and contact lists contained in the
devices and whatever relevant phone features.
6.6
The Customer understands and agrees that the provision and the quality of the Service are contingent
upon the technology and the performance of the data network. The Service may also be affected by
factors such as mobile device, Internet firewall settings, the reliability and security of Internet connection
supported by the Customer’s network and any applicable laws and regulations. The provision of the
Service and the manner and the standard of such provision shall be subject to final decision of the
Company.
6.7
During the applicable service plan period, the Customer is not allowed to replace or swap an add-on
number with another one in order to continue using the Service. Once the add-on number has been
disposed of, the Service for this add-on number will be terminated and all unused balance of the service
fees relating to this number will be forfeited.
Updated on 30/11/2015
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Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
6.8
There is no access to emergency services using the Service. The Service is not a replacement for your
ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency
services. Customers must make alternative communication arrangements to ensure that you can make
emergency calls if needed.
6.9
Applicable to SmarTone customers:
a) Usage of voice, data, messaging, IDD and roaming will be deducted from the main number’s
service plan and any additional usage incurred will be charged to the monthly bill accordingly.
b) Calls made by the mobile numbers under this service will incur voice usage and be counted as
voice minutes.
c) Calls made by the fixed-line numbers under this service will be delivered by data and usage will
incur data charges.
a. Quality and performance of the fixed-line service depends on the reliability and stability of the
mobile network or WiFi connection, and SmarTone is not responsible or liable for any charges
incurred if it is beyond SmarTone’s control. Please check with relevant mobile operator or
network provider about the respective data charges (if any).
b. Fixed-line numbers cannot be used to access the infoline 900 services provided by
telecommunications operators in Hong Kong.
d) Roaming charge and standard roaming data charges apply when roaming. For details of the
charges, please visit
http://www.smartone.com/en/mobile_and_price_plans/roaming_idd/coveragencharges/charges.jsp
e) If the main SIM is terminated / disconnected for whatever reason, including the successful porting
out of the main number, the Service and other services (set out in clause 5.1 if applicable) will be
terminated automatically at the same time.
6.10
Applicable to non-SmarTone customers:
a) Voice calls (including mobile and fixed-line service) and messaging will be delivered by data
through the customers’ mobile operator or network provider, and usage will incur data charges.
b) Quality and performance of the Service depends on the reliability and stability of the mobile
network or WiFi connection which is beyond SmarTone’s control. The Company is not responsible
or liable for any charges incurred. Please check with your mobile operator or network provider
about the respective data charges (if any).
c) The Service cannot be used to access the infoline 900 services provided by telecommunications
operators in Hong Kong.
6.11
Upon deleting any add-on number or the termination of the Service, other services (set out in clause 5.1
if applicable) will be terminated automatically at the same time. In addition the Company will
permanently delete the Customer’s messages and contacts of the applicable add-on number(s).
Deleted data is irretrievable and will not be available for restoration therefore please back up any
related information before deleting the number.
6.12
The Customer agrees:
a) to use the Service for personal and non-commercial use only;
b) not to violate, reverse-engineer, duplicate, transfer, copy, distribute or otherwise tamper with any
part of the Service for any reason or assist another person to do so.
6.13
The Service shall not be used under any one of the following circumstances, including but without
limitation to (i) using the Service in any manner which adversely affects the Company’s ability to
provide, complete or maintain the level or quality of its network or other services; and (ii) in any manner
which is designed to cause loss or damage to the Company such as using the Service for commercial
purposes or reselling the Services.
Updated on 30/11/2015
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Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
6.14
If the Customer fails to comply with any of the prohibitions specified in Clause 6.13; or upon the
occurrence of any one or more of the circumstances specified in Clause 6.13; or if in the reasonable
opinion of the Company, the Customer’s use of the Services adversely effects the Company’s ability to
provide, complete or maintain the level or quality of its network or other services or to cause loss or
damage to the Company, the Company may forthwith take such steps it considers reasonably
necessary or appropriate including but not limited to restricting, limiting, suspending or terminating the
Services to the Customer without notice.
7)
7.1
Intellectual Property Rights
The design of the Service along with any service features (“Applications”) and the trademarks, service
marks and logos contained therein (“Marks”) are owned by the Company and is protected by
applicable intellectual property laws including but not limited to copyright. Except to the extent
permitted by law, the Customer shall not use such Applications and/or Marks in any way whatsoever
except for use of the Service. The Customer shall not modify, rent, lease, loan, sell, distribute or create
derivative works based on the Applications in any manner.
8)
8.1
Privacy Policy
The Customer’s privacy is important to the Company. The Company has developed a Privacy Policy
that covers how it collects, uses, discloses, transfers and stores the Customer’s information. Please
visit smartone.com/privacypolicyen for full details of the Company’s Privacy Policy.
8.2
The Company will do its best to keep the Customer’s privacy safe, but the Customer is advised to
protect his/ her own personal information carefully.
8.3
The Service is not responsible for changes made via the Service to the Customer’s information,
including but not limit to contacts, phonebook, SMS/MMS, call log and voicemail.
9)
9.1
Applicable Laws
The Customer shall comply with the laws of Hong Kong Special Administrative Region that apply to
your use of the Service.
9.2
The Customer expressly agree to the exclusive jurisdiction of the courts of Hong Kong Special
Administrative Region for any claim or dispute with the Company or relating in any way to the use of
the Service.
10)
10.1
Limitation of Liability
The Company shall under no circumstances be liable whether in contract, tort, statute or otherwise
(including without limitation for negligence, breach of contract, defamation) for any special, direct,
indirect or consequential loss or damage (including without limitation, loss of revenue, loss of data or
goodwill) which is suffered, sustained or incurred by the Customer, or any person arising (directly or
indirectly) from or out of or relating to the Service.
11)
11.1
Advertisement
The Customer acknowledges and agrees that the Service includes advertisements.
11.2
The Company is not a party to and is not otherwise involved in any manner in any correspondence or
business dealings with, or participation in promotion of, advertisers found on or through the Service,
including payment and delivery of goods or services and any other terms, conditions, warranties or
Updated on 30/11/2015
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Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
representations associated with such dealings which are solely between the Customer and such
advertiser. The Customer agrees that the Company shall not be responsible or liable for any loss or
damage whatsoever incurred as a result of any such dealings or as the result of the presence of such
advertisers in the Service.
11.3
The Company does not represent or endorse the accuracy or reliability of any information,
advertisements or contents contained on, distributed through, or linked, downloaded or accessed from
the Service. The Company cannot and does not guarantee the quality or reliability of any products or
information purchased or obtained by the Customer as a result of an advertisement or any other
information displayed in the Service. By using the Service, the Customer expressly acknowledges and
agrees that the Company shall not be responsible for any damages, claims or other liability arising from
or related to such advertisements or information displayed in the Service.
11.4
The Company may provide advertisers with reports on how their advertisements performed on the
Service, but the Company only provides the data to them after the Company has removed the
Customer’s name or any other personally identifying information from it, or has combined it with other
people's data in a way that it is no longer associated with the Customer.
12)
The Company reserves the right to revise the terms and conditions of the Service from time to time.
Updated on 30/11/2015
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