OFCA - Tariffs of Fixed Network Operators

Gazette No.: 27/2000 Published on 7 Jul 2000

FIXED TELECOMMUNICATION NETWORK SERVICES LICENCE
TELECOMMUNICATION ORDINANCE (CHAPTER 106)

In accordance with General Condition 20 of Fixed Telecommunication Network Services Licence, Hong Kong Broadband Network Limited (referred to as "the Company") hereby publishes the revised tariffs and the terms and conditions under which it will provide the following services with effect from 28th June 2000 and replace the previous tariffs and terms and conditions of Broadband Network Access Services.

Charges of Broadband Network Access Services

Service	Particular of Service	Amount of Charges	Conditions of Services
Broadband Network Access Services	It allows customer access using DOCSIS cable modem or Ethernet or other technology to access broadband network services provided by the Company. Free rental of accessories (details in Special Conditions 3 and 4 below) will be provided together with optional as follows: - 1. free dial-up Internet Access Service Plan with software infobox (exclude PNETS) 2. IDD 1666 will also be provided.		The General Terms and Conditions of Services of the Company apply. The Special Terms and Conditions of Broadband Network Access Services of the Company apply.
Plan 1	Service Charge	HK$198 per month
	Access Fee	free for 20 hours plus HK$1.5 per hour for extra access fee
	Storage Charge	free for 10MB plus HK$20 per MB per month
Plan 2	Service Charge	HK$298 per month
	Access Fee	HK$0
	Storage Charge	free for 10MB plus HK$20 per MB per month

Special Terms and Conditions

1. IDD 1666 are services offered by City Telecom (H.K.) Ltd.
2. All newly registered customers of Hong Kong Broadband Network Service are entitled to additional free "Life-Time Free" Internet access services. Enjoy the free unlimited Internet Access (Exclusive of PNETS surcharge).
3. For access using DOCSIS cable modem technology, the Company will provide one set of cable modem and accessories to each customer on rent free basis. Customer shall return the cable modem and accessories to HKBN upon the termination of this service. The Customer should agree and authorize the Company to charge the Cusotmer's registered Credit Card account at anytime for the full cost of the cable modem and accessories HK$1,280 or less (subject to revision from time to time) if customer is unable to return cable modem upon the request of the Company because of theft, improper use or unauthorized repair and alternation made to the cable modem and accessories.
4. For access using Ethernet or other technology, the Company will provide one set of accessories if required to each customer on rent free basis. Customer shall return the accessories to HKBN upon the termination of this service. The Customer should agree and authorize the Company to charge the Cusotmer's registered Credit Card account at anytime for the full cost of the accessories HK$2,000 or less (subject to revision from time to time) if customer is unable to return the accessories upon the request of the Company because of theft, improper use or unauthorized repair and alternation made to those equipment.
5. The Company will send service invoice and other service related correspondence via the Customer's selected and assigned email address and those correspondence are treated as official notice. The Customer should acknowledge and agree that from time to time the Company will send or email information of promotion and related services provided by the Company or any third party. If the Customer do not wish to receive any information of special offer, regarding products or services of the Company or third parties, written request to the Company's Customer Service Department is required.
6. Free dial-up Internet Access Service Plan does not include PNETS surcharge.
7. PNETS surcharge is calculated on a per-minute unit.
8. All payments are non-refundable and non-transferable.
9. Free dial-up Internet Access Service offer does not apply to new services and expansion of existing services which the Company may from time to time introduce and make available and the Company reserves its rights to charge for use of such new or expanded services.
10. The Company shall have the rights to display advertisements on the screen from time to time. Customers may be required to install the browser licensed under and provided by the Company in order to obtain access to the Internet.
11. The Company reserves the rights to charge a fee for providing access to the Internet.
12. Customer understands that the cable modem and accessories are the property of the Company at all times and agree to use it properly. The Company shall have the sole right to repair or make alteration of the cable modem and accessories.
13. Customer shall be responsible for theft or all loss and damages due to misuse or unauthorized repair and alteration of the cable modem and accessories.
14. The Company reserves all its rights to suspend or to terminate the program and any changes to the terms and condition shall be at the Company's sole discretion.

FIXED TELECOMMUNICATION NETWORK SERVICES LICENCE

TELECOMMUNICATION ORDINANCE (CHAPTER 106)

In accordance with General Condition 20 of Fixed Telecommunication Network Services Licence, Hong Kong Broadband Network Limited (referred to as "the Company") hereby publishes the General Service Terms and Conditions for Fixed Network Services provided by the Company and replace the General Service Terms and Conditions previously published with effect from 29th June 2000.

General Terms and Conditions

1. DEFINITIONS

Unless the context says otherwise, the following words and expressions shall have the following meanings :

¨Application〃	the request for Services and/or the Equipment made by the Customer which may be oral or written or any other means as permitted by the Company
¨Contract〃	the agreement between the Customer and the Company for the provision of Services and/or the Equipment comprising these Conditions, the Tariff, the Application accepted by the Company and any changes as notified by the Company
¨Customer〃	any person, firm or entity which has subscribed to the Company for a Service pursuant to the Application
¨Licence〃	Licence or Licences issued by TA to the Company for provision of the relevant Services
¨Network〃	the network established and maintained by the Company in accordance with the Licence.
¨Services〃	services applied for by the Customer in the Application and such other services as otherwise ordered by the Customer and Agreed to be provided by the Company from time to time
¨TA〃	the Telecommunications Authority set out in the Telecommunication Ordinance (Chapter 106) of Hong Kong
¨Tariff〃	the telecommunications service, the description of the Service, the charges and any special conditions relating to the Service as published by the Company

2. APPLICATION OF ALL CUSTOMERS

These terms and conditions are binding on all customers to the Services as described in the Application Form submitted by each Customer to the Services ("Customer") and constitute a contract between the Company and each Customer as if signed by each party. By signing the Application Form to apply to be admitted as a Customer, the prospective Customer agrees to be bound by these terms and conditions.

3. PROVISIONS OF SERVICE

Subject to the following terms and conditions, the Company agrees to provide the services to the Customers. The Company will make reasonable efforts to start providing the Services on each date as requested by the Customer, but shall not be liable to the Customer or any third party should the Services fail to start on that date.

4. CANCELLATION BY CUSTOMER

The Customer may request the Company to cancel Services to the Customer at any time by provision of 30 days written notice, provided that all accrued charges as of the actual cancellation shall be due and payable.

5. INVOICE AND CHARGES

The Customer agrees to pay all charges or applicable taxes listed in the monthly invoice issued by the Company. The Company has the right to make revision to the pricing, amount of deposit, credit limit and the Services from time to time upon written notice to the Customer. The Company will send monthly invoice to Customer's e-mail address at the Company. If Customer request to receive monthly invoice by post, handling fee of HK$20 per month or such other sum as notified to the Customer from time to time will be charged.

6. CREDIT LIMIT

The Customer will not permit outstanding charges to exceed the credit limit established by the Company from time to time. However the Company may (but is not required to, even if the Company has done so before) permit the outstanding charges to exceed the credit limit established from time to time. The Customer is liable for all charges, whether or not it exceeds the credit limit. The Company may charge all the Customer's outstanding balance, if there is any balance exceed the credit limit established by the Company, to the Customer's account registered or otherwise with the Company.

7. PAYMENT

The Company will provide monthly invoice covering 30 days periods which will be due and payable upon receipt. A late payment charge at the rate of 1.5 percent per month (18 percent per annum) or such other balances that remain unpaid 15 days following the invoice date. Questions concerning any invoice must be brought to the Company's attention within 15 days of invoice date. The Customer must pay immediately any amount exceeding the credit limit. The Company may charge all the Customer's outstanding balance, if there is any balance remaining unpaid 30 days after the invoice date, to the Customer's account registered or otherwise with the Company.

8. CUSTOMER'S LIABILITY

The Customer and any person signing the Application Form shall personally guarantee the payment in full for the charges, and any late payment charges, including all applicable taxes, as well as other charges, legal costs and other costs whatsoever incurred by the Company or its agents due to late payment or other default in payment by the Customer. The Customer shall be responsible for all access facility used. The Customer shall at all times fully comply with all legal and regulatory requirements applicable to the use of the Services. If non-compliance with such requirements is suspected, the Company may block the access and/or charge the Customer for usage at the Company's then current applicable rate.

9. INSTALLATION OF THE COMPANY's EQUIPMENT

All requests for Services requiring installation of the Company's equipment at the Customer's premises shall be subject to review and acceptance by the Company. The Customer acknowledges that any equipment installed by the Company pursuant to the agreement between the Company and the Customer for provision of the Services and these presents which form the terms and conditions of such agreement ("This Agreement") is the property of the Company. The Company shall at all reasonable times have access to the premises of the Customer to install, inspect and repair the equipment during the continuance of this Agreement and to remove the same equipment after the termination of this Agreement.

10 CREDIT VERIFICATION DEPOSIT

The Customer hereby authorizes the Company to verify, exchange and release credit information concerning the Customer. The Company may require the Customer to maintain a non-interest bearing deposit with the Company, sufficient to ensure payment of estimated usage and charges for the Services.

11. TERMINATION

The Company may suspend or terminate this Agreement and/or the provision of the Services without notice and without limiting any other remedies available to the Company if any of the follow events should occur:

(a) the Customer's balance remains unpaid 15 days after the invoice date; or
(b) the Customer becomes the subject of bankruptcy, winding up or receivership proceedings; or
(c) the Customer permits outstanding charges to exceed the credit limit established from time to time by the Company; or
(d) the Customer is in breach of any terms of this Agreement.

12 DISPUTES

In case of disputes over any access usage, the decision of the Company based on records of the Company, its network providers shall be final and binding upon the Customer.

13 LIMITATION OF LIABILITY

The Customer acknowledges that the Company shall not be liable for any consequential, indirect, special, incidental or other damages whatsoever arising from any failure, interruption or deficiency of services of facilities provided pursuant to this Agreement. The Company's liability for any interruption, delay, error, or defect in transmission, equipment or the Services provided to the Customer under this Agreement shall be limited to an amount equivalent to the Company charges incurred by the Customer for the period of service during which such circumstances occurred.

14 The Customer must notify the Company promptly in writing of any changes of his employment and office, home address, and country of residence.

15 If the Customer is absent from Hong Kong for more than one month, the Customer shall advise the Company with clear and specific instructions for the settlement of all accrued amounts due in his services account before departure.

16 DEBT COLLECTION

The Company shall be entitled to employ outside debt collecting agency and/or institution to collect any or all sum due but unpaid by the Customer and in so doing, the Company may and is hereby authorized to disclose to such agency and/or institution any or all information available in relation to the Customer and the Company shall not be liable or responsible (whether in contract or tort) for any default, negligence, act, conduct, misconduct and/or deeds of such agency and/or institution. The Customer shall be obliged to indemnify the Company for all losses, damages, expenses incurred by the Company in employing such outside debt collecting agency or institution.

17 DISHONOURED CHEQUES AND DISHONOURED AUTOPAY INSTRUCTIONS

If the Customer or his/her representative transmits or causes to be transmitted to us any cheques or drafts or direct debit payments that are not honoured for their full amount, for each cheque or draft or direct debit payment we may charge the Customer HK$100 to cover our internal administration costs.

18 FORCE MAJEURE

The Company shall be relieved of performance of their obligations under this Agreement to the extent that the performance of the respective obligations shall be prevented or interfered with by reason of a Force Majeure or other Act of God not within the reasonable control of the Company.

19 ASSIGNMENT RIGHTS

HKBN shall have the rights to sub-contract or transfer any of its obligation and interest to a third party or any of the CTI Group Companies. This Agreement shall not be assigned or transferred by the Customer to another party.

20 LANGUAGE OF THE CONTRACT

All documents shall be prepared in English and that English shall be the exclusive language for all agreements, both oral and written, between the parties.

21 NOTICES

All notices required or given by the Customer in association with the Agreement shall be given in writing, sent by registered mail, with return receipt requested. All notices required or given by the Company in association with this Agreement may be given in writing and sent by registered or unregistered mail to the address of the Customer registered with the Company.

22 GOVERNING LAWS

This Agreement shall be construed and take effect under the laws of Hong Kong.

23 MISCELLANEOUS

Except as otherwise provided herein amendments to these presents may be made by the Company from time to time and notice of such amendments shall be sent by the Company to the address of the Customer registered with the Company.

If any provision of this Agreement is determined to the invalid or unenforceable, that provision shall be deemed severable from the other provisions which shall remain valid and enforceable. These presents constitutes the entire and conditions of this Agreement and supersedes all previous agreements and representations of any kind with respect thereto.

The Customer shall authorise HKBN to use any of his personal information (as defined in the Personal Data (Privacy) Ordinance PDPO), for the purpose of processing the registration and for the provision of HKBN services and other services to be included from time to time. The Customer also authorises the transfer of such information to any CTI Group Company or third party provider for credit verification, administration, marketing and the operation of the HKBN and any of the CTI Group Compnaies.

FIXED TELECOMMUNICATION NETWORK SERVICES LICENCE

TELECOMMUNICATION ORDINANCE (CHAPTER 106)

In accordance with General Condition 20 of the Fixed Telecommunication Network Services License, Hong Kong Broadband Network Limited (referred to as "the Company") hereby publishes the revised tariffs and the terms and conditions under which it will provide the following services with effect from 29th June 2000 and replace the previous tariffs and terms and conditions of Corporate Broadband Network Services previously published.

Charges of Corporate Broadband Network Services Plan L1

Service	Particular of Services	Amount of Charges	Conditions of Services
Corporate Broadband Network Services Plan L1	It allows corporate customer to access broadband network services provided by the Company. Optional Service will be provided: 1. Free dial-up Internet Access Service Plan (exclude PNETS) 2 IDD 1666 may also be provided upon request by Corporate Customer		The General Terms and Conditions of Services of the Company apply. The Special Terms and Conditions of Corporate Broadband Network Services of the Company apply.
Set-up Charge	1. Company Domain Name Registration 2. E-mail Mapping 3. Installation Cost 4. User Training at HKBN Training Center	HK$3,000.00
Basic Package	Monthly Fee 1. Unlimited Data Transfer 2. Up to 1.5Mbps Downstream Bandwidth 3. 30 Hours Broadband Internet Access 4. Free Set-up 1 E-mail Account 5. Free 8MB E-mail Disk Storage 6. On-site maintenance support	HK$398.00
(Optional) Value-added Services for Corporate Customer	1. Additional Access Charge	HK$4.00/Hour
	2. Fax to E-mail Account	HK$50 per account
	3. Additional POP3 E-mail Account with E-mail Mapping	HK$50/each/month
	4. Dial-up Internet Account (PNETS not included)	HK$108/month

Charges of Corporate Broadband Network Services Plan L2

Service	Particular of Services	Amount of Charges	Conditions of Services
Corporate Broadband Network Services Plan L2	It allows corporate customer to access broadband network services provided by the Company. Optional Service will be provided: 1. free dial-up Internet Access Service Plan (exclude PNETS) 2 IDD 1666 may also be provided upon request by Corporate Customer		The General Terms and Conditions of Services of the Company apply. The Special Terms and Conditions of Corporate Broadband Network Services of the Company apply.
Set-up Charge	1. Domain Name Registration 2. IP Address 3. Installation Cost 4. User Training at HKBN Training Center	HK$3,000.00 for Downstream Bandwidth 1.5Mbps, additional HK$500.00 per 0.5Mbps Downstream Bandwidth
Basic Package	Monthly Fee 1. Unlimited Data Transfer 2. Up to 1.5Mbps Downstream Bandwidth 3. Free Set-up 50 E-mail Accounts 4. Free 100MB E-mail Disk Storage 5. On-site maintenance support	HK$4,100.00
(Optional) Value-added Services for Corporate Customer	1. Fax to E-mail Account	HK$50 per account
	2. Additional POP3 Email Account	HK$50 / each / month
	3. Dial-up Internet Account (PNETS not included)	HK$108 / month
	4. Additional Downstream Bandwidth	HK$1,500 / 0.5Mbps / month

Special Terms and Conditions for Corporate Broadband Network Services

1. IDD 1666 are services offered by City Telecom (H.K.) Ltd.
2. The Company will send service invoice and other service related correspondence via the Customer's selected and assigned email address and those correspondences are treated as official notice. If customer requests to receive monthly statement by post, handling fee of HK$20 per month or such other sum as notified to the customer from time to time will be charged. The Customer should acknowledge and agree that from time to time the Company will send or email information of promotion and related services provided by the Company or any third party. If the Customer do not wish to receive any information of special offer, regarding products or services of the Company or third parties, written request to the Company's Customer Service Department is required.
3. Customer is required to pay deposit equivalent to one month Services fee to the Company prior to the Service commencement and shall be refundable upon the termination of the Services provided that all accrued charges as of the actual cancellation shall be due and payable, of which shall be deducted from the deposit.
4. Upon signing of the Contract, Customer committed to use the Service for ONE (1) year from the date of Service commencement. Customer shall pay the shortfall equivalent to the remaining total monthly charges up to the expiry of the binding Contract. Customer may request the Company to cancel Services at any time by provision of 30 days written notice, provided that all accrued charges as of the actual cancellation shall be due and payable.
5. Customer shall be committed to use the service for at least one year and shall be liable to pay the shortfall monthly fee up to the expiry of the one-year binding term for any early termination.
6. Dial-up Internet Access Service Plan does not include PNETS surcharge.
7. PNETS surcharge is calculated on a per-minute unit.
8. All payments are non-refundable and non-transferable.
9. For all new services and expansion of existing services which the Company may from time to time introduce and make available, the Company reserves its rights to charge for use of such new or expanded services.
10. One month deposit and two months pre-payment of monthly fee is required upon registration. The said amount of deposit and pre-payments must be paid upon Contract Confirmation.
11. The rates of data transfer upstream and downstream may not the same. The speeds of upstream and downstream can be affected by several factors including, but not limited to: computer equipment, type of server, number of connections to server, Internet router(s) availability, network traffic and services offered.
12. The Company shall have the rights to display advertisements on the screen from time to time. Customers may be required to install the browser licensed under and provided by the Company in order to obtain access to the service.
13. Customer understands that the equipment and accessories for installed for Internet access are the property of the Company at all times and agree to use it properly. The Company shall have the sole right to repair or make alteration of the equipment and accessories.
14. Customer shall be responsible for theft or all loss and damages due to misuse or unauthorized repair and alteration of the equipment and accessories.
15. The Company reserves all its rights to suspend or to terminate the program and any changes to the terms and condition shall be at the Company's sole discretion.