From time to time, you may receive promotional phone calls from telecommunications service providers making telecommunications service offers to you. After verbally giving consent to subscribe to the services, you may wish to obtain a written document on the details of the contract terms and conditions.

Under the Industry Code of Practice for Telecommunications Service Contracts ("Industry Code"), consumers will be better protected. In summary,

  1. Telecommunications service providers are required to provide consumers with the written confirmation for contracts concluded verbally over the phone within a reasonable time (which is targeted to be within seven working days after the expiry or termination of the applicable cooling-off period or upon the customer’s provision of all the information as required for the conclusion of the contract) by post, or by other reasonable means (e.g. via Internet) offered by the service providers as agreed by the consumers.
  2. Nevertheless, consumers should note that the above requirement –
    1. applies where the customer is required to be registered as a customer for enjoyment of the service (but excluding circumstances such as where the customer is required to be registered with the service provider solely for the purpose of compliance with the Telecommunications (Registration of SIM Cards) Regulation (Cap. 106AI) upon purchase of a pre-paid SIM card for mobile services, where the customer purchases a pre-paid calling card, or where the service provider provides a free Wi-Fi service to the customer); and
    2. does not apply where the service is subsequently subscribed in addition to the main service under the same existing contract, provided that the service provider shall make available reasonable means for the customer to check the contract terms of such service, including any specific terms applicable to the customer.

You should ask the service providers how their service contracts comply with the above requirements. You should also make reference to the Industry Code, wherever necessary, so as to understand better the enhanced protection you can enjoy. Please refer to paragraph 4 of the Industry Code.

Remark

The Industry Code is a voluntary scheme of the industry and has been implemented by all major fixed and mobile network operators since July 2011. Consumers should note that the latest version of the Industry Code which has taken effect since 1 October 2023 only applies to (a) all new telecommunications service contracts, and other specified contracts, that are entered into, renewed, extended or replaced on or after 1 October 2023; and (b) personal or residential users. Moreover, some of the protections offered by the Industry Code do not apply under certain conditions. Consumers should seek clarifications from service providers when in doubt, or where necessary, refer to the relevant parts of the Industry Code.

Please visit this page for the full text of the Industry Code and the list of service providers who have adopted it.

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