OFCA - Tariffs of Fixed Network Operators8661794376007985457639609601

Gazette No.: 26/1997 Published on 27th June 1997

In accordance with its Fixed Telecommunication Network Services Licence, New World Telephone Limited ("NWT") hereby publishes the following new services and revision to its existing tariffs with effective from 19 June 1997:

1. Service Name:
Home Line Plus

1.1 Service Description
Home Line Plus" is a residential telephone service. The subscribers can originate or receive local and international telephone calls. Each telephone exchange line has a set of service features as listed below.

1.2 Service Features
"Appointment Reminder" is a feature that reminds the subscriber of important appointment by setting the telephone to ring at the time the subscriber chooses;

"Call Conference" is a feature that allows the subscriber to establish a multiple parties telephone conversation;

"Call Forward" is a feature that allows the subscriber to have incoming calls automatically forwarded to a pre-defined destination. Call Forward is available in three options: (i) Forward all the incoming calls, (ii) Forward the incoming call when the telephone line is busy and (iii) Forward the incoming call when the call is not answered after a pre-defined period of time;

"Remote Call Forward" is a feature that allows the subscriber to activate and deactivate Call Forward from a telephone line other than the subscriber's own telephone line;

"Call Hold" is a feature that allows the subscriber to hold a telephone call in progress and call a third party;

"Call Waiting" is a feature that informs the subscriber of a waiting incoming call when the subscriber is using the line for another telephone conversation;

"IDD Security" is a feature that allows the subscriber to bar all outgoing IDD calls;

"Voice Mail" is a feature that allows the caller to leave voice messages to the subscriber when the subscriber's telephone is busy or not answered. The subscriber can retrieve the messages from any telephone line;

"Call Number Display" (CND) is a feature that allows the telephone number of caller to be displayed on the CND Device if the number is available and not blocked by the caller. The CND Device is capable of displaying the caller's number passed through the network;

"Different Ringing Patterns" is a feature that rings with different patterns to distinguish incoming local call from international call;

"Incoming International Operator Call Barring" is a feature that restricts all the incoming international operator calls to reach the subscriber;

"Speed Dialling" is a feature that allows the subscriber to use a short code for dialling pre-defined telephone numbers;

Access to "IDD 009" services are provided to "Home Line Plus" subscriber unless specific barring options are requested by subscribers.

1.3 Service Charges

HK$/line
Rental charge (monthly)#
$106
Installation charge*
$530
Relocation charge within the same building*
$280
Relocation charge outside the building*
$530

CND adjunct unit
$10

#

Rental charge (exclusive of the rental charge for CND Device)includes the service features listed under paragraph 1.2 hereof.

*

Charges for installation and relocation are for provision of relevant services within normal NWT's office hours.

2. Service Name:
AlwaysConnect Package

2.1 Service Description
"AlwaysConnect Package" is a business telephone service that connects a group of telephone lines of the subscriber. The subscribers can originate or receive telephone calls within and outside the telephone group. Each telephone exchange line in the telephone group can share a common access profile including dialling plan and service features as listed below.

2.2 Service Features
All the service features as listed under paragraph 1.2 hereof are available under the AlwaysConnect Package.

"Call Pick Up" is a feature that allows the subscriber to answer an incoming call by any telephone line within the telephone group;

"Call Transfer" is a feature that allows the subscriber to transfer a telephone call in progress to a third party inside or outside the telephone group;

"Intragroup Ring Back" is a feature that allows the subscriber to request NWT's telephone exchange to monitor a busy telephone line of the telephone group. When that telephone line is free, it will inform the subscriber by ringing back;

"Hunting" is a feature that allows the incoming call to switch to the next available free telephone line within the pre-defined Hunting group;

Access to "IDD 009" services are provided to "AlwaysConnect Package" subscriber unless specific barring options are requested by subscribers.

2.3 Service Charges

HK$/line
Rental charge (monthly)#
$138
Installation charge*
$530
Relocation charge within the same building*
$280
Relocation charge outside the building*
$530

CLASS telephone CTX01
$30
CND adjunct unit
$10

#

Rental charge (exclusive of the rental charge for CND Device)includes the service features listed under paragraph 2.2 hereof.

*

Charges for installation and relocation are for provision of relevant services within normal NWT's office hours.

3. Service Name:
Advance Voice Features

3.1 Service Description
"Advance Voice Features" are network-based features that enhance the functionality of direct exchange lines connected to NWT's Fixed Telecommunication Network.

3.2 Service Features & Service Charges

Service Features (please refer to detailed description of the service features under paragraph 1.2 & 2.2 hereof)
Service Charges (Monthly) for the corresponding feature
(HK$/line)

Appointment Reminder
$12
Call Confernece
$12
Call Forward
$12
Remote Call Forward
$12
Call Pick Up
$12
Call Waiting
$12
Speed Dialling
$12
Different Ringing Patterns
$12
Hunting
$12
Voice Mail
$22
Call Number Display (CND)
$22 (exclusive of the rental charge for CND Device)

CLASS telephone CTX01
$30
CND adjunct unit
$10

4. All services referred to above are subject to the following Special Conditions:

The service features listed under paragraph 1.2, 2.2 and 3.2 hereof (including CND Device) can only be used with telephone lines connected to NWT's Fixed Telecommunication Network. A touch tone telephone, operated with dual tone multi-frequency (DTMF) dialling is required for activation or de-activation of the features.

CND Device is always the property of NWT.

Minimum rental period of the CND Device is the same as the minimum service period of all services referred to above which is six months.

Each CND Device should be connected to one telephone line only.

Each telephone line should be connected to one CND Device only.

NWT does not warrant the CND Device to be compatible with telephone lines provided by third party, with all types of telephone equipment, or with subscriber's equipment.

During the rental period, NWT would repair or replace any defective CND Device except repairs or replacement caused by any of the following events:

(a)
accident, negligence or improper use of the CND Device or any part of the CND Device;
(b)
modification, repair or alteration made to the CND Device by persons not authorised by NWT;
(c)
removal or relocation of CND Device without the approval of NWT;
(d)
non compliance of environment conditions for the installation or use of the CND Device;
(e)
whatever reason if the serial number on the CND Device has been removed, altered or otherwise made illegible.

The subscriber must bring the CND Device to NWT's designated retail shop for repairs or replacement.

The subscriber shall be responsible for and shall indemnify and shall keep NWT indemnified for all loss or damage to the CND Device or otherwise caused to NWT which arises from or relates to the use of or the manner for which the subscriber uses the CND Device.

NWT reserves the right to terminate the rental service of the CND Device at any time for whatever reason including but not limited to termination of any of the services referred to above. Upon the termination of the rental service of the CND Device, the subscriber shall forthwith return the CND Device to NWT's designated retail shop. Otherwise NWT shall be entitled to request the subscriber to pay and the subscriber shall pay liquidated damages at the rate to be determined by NWT which, however, shall not be more than HK$500.

Applicant who applies for Home Line Plus or AlwaysConnect Package will be deemed to have applied for NWT's "IDD 009 International Calling Service" at the same time unless the applicant requests otherwise.

5. NWT hereby announces the revision to the following service charges:

Item
Revised Charges for
Connection/removal
to different building
(HK$/line)**

Exchange Line - residential line
Exchange Line - business line
DDI (Direct Dial In)
(previously called Tone DDI)
CO Lines (Central Office Lines)

** Charges for connection and removal are for provision of relevant services within normal NWT's office hours.

6. All services referred to above are subject to NWT's General Terms and Conditions of Service as may be amended from time to time.


1.	Service Name: Home Line Plus

1.1	Service Description Home Line Plus" is a residential telephone service. The subscribers can originate or receive local and international telephone calls. Each telephone exchange line has a set of service features as listed below.

1.2	Service Features "Appointment Reminder" is a feature that reminds the subscriber of important appointment by setting the telephone to ring at the time the subscriber chooses; "Call Conference" is a feature that allows the subscriber to establish a multiple parties telephone conversation; "Call Forward" is a feature that allows the subscriber to have incoming calls automatically forwarded to a pre-defined destination. Call Forward is available in three options: (i) Forward all the incoming calls, (ii) Forward the incoming call when the telephone line is busy and (iii) Forward the incoming call when the call is not answered after a pre-defined period of time; "Remote Call Forward" is a feature that allows the subscriber to activate and deactivate Call Forward from a telephone line other than the subscriber's own telephone line; "Call Hold" is a feature that allows the subscriber to hold a telephone call in progress and call a third party; "Call Waiting" is a feature that informs the subscriber of a waiting incoming call when the subscriber is using the line for another telephone conversation; "IDD Security" is a feature that allows the subscriber to bar all outgoing IDD calls; "Voice Mail" is a feature that allows the caller to leave voice messages to the subscriber when the subscriber's telephone is busy or not answered. The subscriber can retrieve the messages from any telephone line; "Call Number Display" (CND) is a feature that allows the telephone number of caller to be displayed on the CND Device if the number is available and not blocked by the caller. The CND Device is capable of displaying the caller's number passed through the network; "Different Ringing Patterns" is a feature that rings with different patterns to distinguish incoming local call from international call; "Incoming International Operator Call Barring" is a feature that restricts all the incoming international operator calls to reach the subscriber; "Speed Dialling" is a feature that allows the subscriber to use a short code for dialling pre-defined telephone numbers; Access to "IDD 009" services are provided to "Home Line Plus" subscriber unless specific barring options are requested by subscribers.

1.3	Service Charges HK$/line Rental charge (monthly)# $106 Installation charge* $530 Relocation charge within the same building* $280 Relocation charge outside the building* $530 CND adjunct unit $10 # Rental charge (exclusive of the rental charge for CND Device)includes the service features listed under paragraph 1.2 hereof. * Charges for installation and relocation are for provision of relevant services within normal NWT's office hours.

2.	Service Name: AlwaysConnect Package

2.1	Service Description "AlwaysConnect Package" is a business telephone service that connects a group of telephone lines of the subscriber. The subscribers can originate or receive telephone calls within and outside the telephone group. Each telephone exchange line in the telephone group can share a common access profile including dialling plan and service features as listed below.

2.2	Service Features All the service features as listed under paragraph 1.2 hereof are available under the AlwaysConnect Package. "Call Pick Up" is a feature that allows the subscriber to answer an incoming call by any telephone line within the telephone group; "Call Transfer" is a feature that allows the subscriber to transfer a telephone call in progress to a third party inside or outside the telephone group; "Intragroup Ring Back" is a feature that allows the subscriber to request NWT's telephone exchange to monitor a busy telephone line of the telephone group. When that telephone line is free, it will inform the subscriber by ringing back; "Hunting" is a feature that allows the incoming call to switch to the next available free telephone line within the pre-defined Hunting group; Access to "IDD 009" services are provided to "AlwaysConnect Package" subscriber unless specific barring options are requested by subscribers.

2.3	Service Charges HK$/line Rental charge (monthly)# $138 Installation charge* $530 Relocation charge within the same building* $280 Relocation charge outside the building* $530 CLASS telephone CTX01 $30 CND adjunct unit $10 # Rental charge (exclusive of the rental charge for CND Device)includes the service features listed under paragraph 2.2 hereof. * Charges for installation and relocation are for provision of relevant services within normal NWT's office hours.

3.	Service Name: Advance Voice Features

3.1	Service Description "Advance Voice Features" are network-based features that enhance the functionality of direct exchange lines connected to NWT's Fixed Telecommunication Network.

3.2	Service Features & Service Charges Service Features (please refer to detailed description of the service features under paragraph 1.2 & 2.2 hereof) Service Charges (Monthly) for the corresponding feature (HK$/line) Appointment Reminder $12 Call Confernece $12 Call Forward $12 Remote Call Forward $12 Call Pick Up $12 Call Waiting $12 Speed Dialling $12 Different Ringing Patterns $12 Hunting $12 Voice Mail $22 Call Number Display (CND) $22 (exclusive of the rental charge for CND Device) CLASS telephone CTX01 $30 CND adjunct unit $10
4.	All services referred to above are subject to the following Special Conditions:

	The service features listed under paragraph 1.2, 2.2 and 3.2 hereof (including CND Device) can only be used with telephone lines connected to NWT's Fixed Telecommunication Network. A touch tone telephone, operated with dual tone multi-frequency (DTMF) dialling is required for activation or de-activation of the features.

	CND Device is always the property of NWT.

	Minimum rental period of the CND Device is the same as the minimum service period of all services referred to above which is six months.

	Each CND Device should be connected to one telephone line only.

	Each telephone line should be connected to one CND Device only.

	NWT does not warrant the CND Device to be compatible with telephone lines provided by third party, with all types of telephone equipment, or with subscriber's equipment.

	During the rental period, NWT would repair or replace any defective CND Device except repairs or replacement caused by any of the following events: (a) accident, negligence or improper use of the CND Device or any part of the CND Device; (b) modification, repair or alteration made to the CND Device by persons not authorised by NWT; (c) removal or relocation of CND Device without the approval of NWT; (d) non compliance of environment conditions for the installation or use of the CND Device; (e) whatever reason if the serial number on the CND Device has been removed, altered or otherwise made illegible.

	The subscriber must bring the CND Device to NWT's designated retail shop for repairs or replacement.

	The subscriber shall be responsible for and shall indemnify and shall keep NWT indemnified for all loss or damage to the CND Device or otherwise caused to NWT which arises from or relates to the use of or the manner for which the subscriber uses the CND Device.

	NWT reserves the right to terminate the rental service of the CND Device at any time for whatever reason including but not limited to termination of any of the services referred to above. Upon the termination of the rental service of the CND Device, the subscriber shall forthwith return the CND Device to NWT's designated retail shop. Otherwise NWT shall be entitled to request the subscriber to pay and the subscriber shall pay liquidated damages at the rate to be determined by NWT which, however, shall not be more than HK$500.

	Applicant who applies for Home Line Plus or AlwaysConnect Package will be deemed to have applied for NWT's "IDD 009 International Calling Service" at the same time unless the applicant requests otherwise.

5.	NWT hereby announces the revision to the following service charges: Item Revised Charges for Connection/removal to different building (HK$/line) Exchange Line - residential line Exchange Line - business line DDI (Direct Dial In) (previously called Tone DDI) CO Lines (Central Office Lines) Charges for connection and removal are for provision of relevant services within normal NWT's office hours.

6.	All services referred to above are subject to NWT's General Terms and Conditions of Service as may be amended from time to time.

Gazette No.: 26/1997 Published on 27th June 1997

In accordance with its Fixed Telecommunication Network Services Licence, New World Telephone Limited hereby publishes its General Terms and Conditions of Service to date which replaces any General Terms and Conditions of Service previously published:

GENERAL TERMS AND CONDITIONS OF SERVICE

The customer hereby agrees to observe and be bound by the following terms and conditions in relation to the provision of the telecommunications services by the Company:

1. Definitions and Interpretation

1.1 In this Agreement, unless the context otherwise requires:
"Agreement" means the agreement between the Company and the Customer in respect of the same kind of Service; an Agreement comprises of the Application as accepted by the Company, these General Terms and Conditions of Service as may be amended from time to time and Special Conditions (if any).

"Application" means the written or oral application made by the Customer to the Company requesting for provision of Service to the Customer.

"Charge(s)" means the charges payable by the Customer in respect of the Service as set by the Company from time to time.

"Company" means New World Telephone Limited.

"Customer" means any bona fide person including without limitation any individual, government agency, organisation, incorporated or unincorporated company.

"Equipment" means the equipment (if any) installed at the Customer's premises and/or provided by the Company to make available the Service to the Customer, but excluding any equipment belonging to the Customer.

"Minimum Service Period" means the period specified in the Application or Special Conditions and commencing on the day when the Company informs the Customer that the Service is made available to the Customer, or if no such period is specified, the period of 6 months.

"Service(s)" means the telecommunication services provided by the Company under its telecommunication licence and identified in the Agreement including Equipment where applicable.

"Special Conditions" means those conditions specifically applicable to the identified Services for the time being and from time to time, and if there is any inconsistency between these General Terms and Conditions of Service and Special Conditions, the terms of Special Conditions shall prevail.

1.2 Words importing the singular number include the plural number and vice versa and words importing masculine gender shall include the feminine and neuter genders and words importing persons shall include corporations;

1.3 Where two or more persons are comprised in the expressions "Customer", the Agreement herein contained shall be deemed to be made by such persons jointly and severally.

1.4 Headings are for convenience only and do not affect the interpretation of this Agreement.

1.5 In the event of any discrepancy between the English and Chinese version of this Agreement, the English version shall prevail.

2. Provision of Service

2.1 Subject to the terms and conditions set out herein, the Company shall provide and the Customer shall subscribe to the Service.

2.2 The Customer undertakes not to use, or allow any other person to use, the Service:

(a)
for any illegal or improper purpose;

(b)
in a manner which constitutes an infringement of rights of any person (including but not limited to rights of copyright or confidentiality) or a violation or infringement of any duty or obligation in contract, tort or otherwise, to any third party.

2.3 The Service shall commence and shall become chargeable from the date the Company first makes the Service available to the Customer.

2.4 Unless the Customer requests otherwise, the Customer is deemed to have consented that:

(a)
its name, address, business and telephone number(s) be included in printed directories and directory enquiry service and be disclosed to a third party for related purposes; and

(b)
the Company may release information concerning the Customer to other telecommunciations operators, for the purpose of complying with the Company's obligations to interconnect or other industry practices agreed to by the Company.

2.5 The Company may modify, withdraw, change or reallocate any telephone or service numbers assigned to the Customer. The Company will endeavour to give the Customer prior notice as may be reasonable and practicable in the circumstances, unless the withdrawal is because of termination or suspension of Service in accordance with the Agreement.

3. Application for Service

3.1 All request for provision of Service may be made orally or in writing in the form prescribed by the Company ("Application Form"). The Application Form may be signed and sent to the Company either in its original form or by facsimile. If signed and transmitted by fax, the facsimile copy shall to all practical intents and purposes be deemed to be and take effect as the original, whether or not the original form is at the same time or subsequently sent to the Company. The Customer acknowledges that the Application Form may be scanned by a computer imaging system whereby the information and/or image of the Application Form will be converted into a digital format and stored in the Company's computer systems. Such stored information may from time to time be reproduced and printed on paper. A hard copy thus reproduced shall to all practical intents and purposes be deemed to be and take effect as the original, and the Customer shall not be entitled to enquire as to whether the original Application Form is still retained or has been otherwise disposed of by the Company.

3.2 The Customer agrees to provide all necessary information as to his identity, his use of the Service and evidence as to his credit worthiness as may he reasonably requested by the Company to fulfill the Application.

3.3 The Customer agrees that the Company may use or disclose the personal information furnished by the Customer and any information relating to the Agreement to any appointed nominee or agent of the Company for the purpose of credit reference checks, market research, publication in telephone directory and debt collection and that the Company shall be entitled to send or otherwise deliver to the Customer certain information in relation to any products or services of the Company or any of its associated company. The Company shall not be liable for any act, omission, negligence or default of such nominee or agent.

3.4 The Service provision lead time is subject to variation depending on availability, geographical location and other relevant circumstances.

3.5 The Company shall not be obliged to provide any Services to the Customer. Service provision is subject to geographic availability and credit approval.

4. Payment

4.1 The Customer shall punctually pay the Charge without any deduction in the manner and currently indicated on the invoices issued by the Company to the Customer. The Customer shall be responsible for monitoring and controlling the use of the Service by third party and shall be liable for all Charges incurred through the use of the Services regardless of whether the Customer personally used the Service or whether the Service was used without his authority, knowledge or consent. In the event of any dispute between the Company and the Customer relating to any charges invoiced by the Company, the books and records of the Company shall be conclusive evidence of those charges payable by the Customer.

4.2 Any enquiries or disputes regarding any invoice must be made to the Company within one month of the issue date of the invoice. Nothing in this clause shall relieve the Customer from paying the Charges on or before the payment due date specified in the relevant invoice.

4.3 In the event of any invoice being overdue, the Customer hereby authorise the Company to debit all amounts owed against the Customer's credit card account

4.4 The Company shall be entitled to charge interest on all outstanding amounts under the Agreement at the rate of 2% above the prime lending rate of The Hongkong and Shanghai Banking Corporation Limited as current from time to time calculated from the date on which the same is payable until the date of actual payment.

4.5 The Company shall have the right at any time to require the Customer to provide any amount of deposit to the Company (the "Deposit") as security for due payment of any Charges and performance and observance of the terms and conditions herein stipulated and on the part of the Customer to be performed and observed. The Deposit shall be refunded to the Customer without interest after termination of the Agreement and the settlement by the Customer of all outstanding Charges or claims brought by the Company in respect of any breach, non-observance or non-performance on the part of the Customer of any of the terms, conditions and obligations under the Agreement.

4.6 Where the Customer has more than one agreement with the Company, the Company may transfer any credit balance under one agreement to pay an amount due under any other agreement.

4.7

(a)
The Company may employ any person to collect any or all sums owed by the Customer to the Company under this Agreement in which case the Company shall not be liable to any act, omission, negligence or default of any such person;

(b)
The Customer hereby agrees that the Company may collect, store and disclose details of and information relating to the Customer (including any transactions and dealings between the Customer and the Company) to any person appointed by it in accordance with Clause 4.7(a) and the Customer agrees that any such person or entity may utilise such information in the course of any business carried on by such person or entity;

(c)
The Customer shall indemnify the Company for all cost and expenses incurred by the Company in employing debt collecting agencies or institutions.

5. Equipment

5.1 The Equipment is and shall at all times remain the property of the Company.

5.2 The Customer agrees that it shall:

(a)
be responsible for the Equipment whilst it is in the Customer's custody, and shall be liable to the Company for any loss or damage to the Equipment;

(b)
permit the Company, its representatives or agents access to the Customer's premises at reasonable times to install, inspect, repair or remove the Equipment for providing or terminating the Service;

(c)
notify the Company immediately of any damage, fault, theft or loss of the Equipment or any part thereof;

(d)
caused the Equipment to be used and operated in a proper manner, and shall not alter, tamper with or attempt to repair the Equipment in any way except by the Company's authorised, representatives or agents.

6. Limitations
The Service is offered subject to the availability of facilities and the provisions mentioned herein. The Company reserves the right whenever necessary at its absolute discretion to limit the length of communications or to discontinue furnishing facilities owing to conditions beyond its reasonable control.

7. Interruptions
The Company shall use all reasonable endeavors to maintain an efficient Service provided that nothing herein contained guarantees that the Service shall be available to the Customer on demand or continuously in accordance with the terms of this Agreement.

8. Liability and Indemnity

8.1 Save and except for any liability of the Company which cannot be excluded at law, the Company shall not be liable to the Customer or any other person whatsoever in contract tort or otherwise at law for any cost, expenses, losses, damages or other actual or consequential losses or liabilities whatsoever, suffered or incurred by the Customer or by other person arising directly or indirectly from or out of or relating to (i) the provision of the Service and/or (ii) any accident or any willful negligent or wrongful act or omission on the part of the Company, its agents, employees or contractors in relation to this Agreement and/or (iii) the Customer's use of its own equipment, or any part thereof, which is connected to the telecommunications network of the Company or of a third party.

8.2 Customer undertakes to hold the Company harmless and to indemnify the Company for any liability, loss, damage, cost or expense which the Company may incur in connection with this Agreement. In particular, Customer agrees to hold the Company harmless and to indemnify the Company for any liability, loss, damage, cost or expense which the Company may incur as a result of any misleading, untrue or incorrect information or representations which the Customer gives to the Company in connection with this Agreement.

9. Suspension
The Company shall be entitled to forthwith suspend access to the Service without notice to the Customer if:

(a)
in the reasonable opinion of the Company there is or has been fraudulent or unauthorised use and access to the Services;

(b)
the Customer fails to pay in full any charges or other sum whatsoever payable by Customer to the Company when due;

(c)
in the reasonable opinion of the Company, there is any misuse of the Service by the Customer or any other user authorised by the Customer;

(d)
the Customer is in breach of any of its obligation under the Agreement;

(e)
the relevant credit limit or usage limit has been exceeded;

(f)
the Company is obliged to comply with an order, instruction or request of the Office of the Telecommunications Authority or other competent government authority; or

(g)
the Company needs to carry out modification or maintenance services to equipment or systems forming part of the network of the Company.

10. Term and termination

10.1 The Agreement shall come into force on and with effect from the date of acceptance by the Company of the Application and shall continue unless terminated pursuant to the provisions of the Agreement.

10.2 The Customer may terminate the Agreement by giving to the Company not less than 1 month's prior notice for the termination to take effect at any time after expiration of the Minimum Service Period. The Customer may terminate before expiration of the Minimum Service Period by given reasonable notice and paying a cancellation charge to the Company equals to the amount by which the aggregate Charges for the Minimum Service Period exceeds the aggregate Charges already paid by the Customer.

10.3 The Company may terminate the Agreement at any time for whatever reason by giving one month's notice to the Customer.

10.4 The Company shall be entitled to terminate the Agreement forthwith at any time in the event that:

(a)
the Customer is in breach of any of its obligation under the Agreement and the same remains unremedied for 1 month after notice in writing thereof;

(b)
the Customer becomes, threatens, or resolves to become or is in jeopardy of becoming the subject of bankruptcy, winding up or receivership proceedings;

(c)
any permit, license or consent which the Company may require to possess in order to carry out its obligations under this Agreement being refused or withdrawn, provided however that in any such event the Company shall give to the Customer the maximum notice practicable in the circumstances then prevailing; or

(d)
the Company ceases to make the Services available for whatsoever reason.

11. Consequences of Termination

11.1 If the Agreement is terminated by the Company or the Customer, the Customer shall pay to the Company all amounts due and payable up to the date of termination as soon as possible from the date of issue of the notice.

11.2 Upon termination of the Agreement, the Company shall be entitled to remove the Equipment from the Customer's premises during normal business hours.

11.3 If the Agreement is terminated prior to the expiry of the Minimum Service Period by the Customer or otherwise by the Company in accordance with Clause 10.4(a) or 10.4(b), the Customer shall pay to the Company the cancellation charge in accordance with Clause 10.2.

11.4 At the expiry or sooner determination of the Agreement, the Company will not be responsible for any costs including but not limited to the installation of any facilities to restore the Customer's original telephony services from any other service provider.

11.5 Termination hereunder shall be without prejudice to any then existing rights and/or claims that the Company may have against the Customer and shall not relieve the Customer from fulfilling his obligations including payment of all outstanding charges prior to date of termination.

12. Waiver of remedies
Failure or delay of the Company at any time to take action against the Customer or any other person as provided in the Agreement shall not affect the Company's right to require full performance of the Agreement at any time thereafter. Waiver by the Company of a breach of any provision of the Agreement shall not constitute a waiver of any subsequent breach nor in any way affect any right, power or remedy of the Company under the Agreement.

13. Assignment

13.1 The Company may transfer, assign, delegate or sub-contract any of its rights and obligations under the Agreement.

13.2 The Customer shall not assign, transfer, convey, license or otherwise dispose of its rights and obligations under the Agreement to any other party without the prior consent of the Company.

14. Force Majeure
The Company shall not be liable for any loss, damage or delay consequent upon strikes, lookouts, shortage of labour or materials, disputes, delays in delivery of goods or services of any subcontractor, fire, theft, storm, explosion, war, civil commotion, Act of God or any other circumstances beyond its reasonable control howsoever arising or howsoever caused.

15. Notices
Any notice required or permitted hereunder shall be in writing and left at the address of the addressee, or sent by prepaid post to the address of the addressee or sent by facsimile to the facsimile number of the addressee. A notice is deemed to be received if by hand delivery, when it is delivered; if a letter, 3 business days after posting and if a facsimile at the time of dispatch if the sender receives a transmission report which confirms that the facsimile was sent in its entirety to the facsimile number of the recipient.

16. Variation
The Company may revise the Agreement and/or introduce additional terms and conditions from time to time and such revision and/or addition shall become effective when displayed, advertised or brought to the attention of the Customer by such means as the Company thinks fit and shall be binding on the Customer if the Customer continues to use any of the Services after the effective date thereof.

17. Invalidity
If at any time any provision of the Agreement is or becomes illegal, invalid or unenforceable in any respect, the illegal, invalid or unenforceable provision shall be deemed to have been deleted from the Agreement but other provisions of the Agreement shall remain in full force and effect and shall not be affected or impaired thereby.

18. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.


1.	Definitions and Interpretation

1.1	In this Agreement, unless the context otherwise requires: "Agreement" means the agreement between the Company and the Customer in respect of the same kind of Service; an Agreement comprises of the Application as accepted by the Company, these General Terms and Conditions of Service as may be amended from time to time and Special Conditions (if any). "Application" means the written or oral application made by the Customer to the Company requesting for provision of Service to the Customer. "Charge(s)" means the charges payable by the Customer in respect of the Service as set by the Company from time to time. "Company" means New World Telephone Limited. "Customer" means any bona fide person including without limitation any individual, government agency, organisation, incorporated or unincorporated company. "Equipment" means the equipment (if any) installed at the Customer's premises and/or provided by the Company to make available the Service to the Customer, but excluding any equipment belonging to the Customer. "Minimum Service Period" means the period specified in the Application or Special Conditions and commencing on the day when the Company informs the Customer that the Service is made available to the Customer, or if no such period is specified, the period of 6 months. "Service(s)" means the telecommunication services provided by the Company under its telecommunication licence and identified in the Agreement including Equipment where applicable. "Special Conditions" means those conditions specifically applicable to the identified Services for the time being and from time to time, and if there is any inconsistency between these General Terms and Conditions of Service and Special Conditions, the terms of Special Conditions shall prevail.

1.2	Words importing the singular number include the plural number and vice versa and words importing masculine gender shall include the feminine and neuter genders and words importing persons shall include corporations;

1.3	Where two or more persons are comprised in the expressions "Customer", the Agreement herein contained shall be deemed to be made by such persons jointly and severally.

1.4	Headings are for convenience only and do not affect the interpretation of this Agreement.

1.5	In the event of any discrepancy between the English and Chinese version of this Agreement, the English version shall prevail.

2.	Provision of Service

2.1	Subject to the terms and conditions set out herein, the Company shall provide and the Customer shall subscribe to the Service.

2.2	The Customer undertakes not to use, or allow any other person to use, the Service: (a) for any illegal or improper purpose; (b) in a manner which constitutes an infringement of rights of any person (including but not limited to rights of copyright or confidentiality) or a violation or infringement of any duty or obligation in contract, tort or otherwise, to any third party.

2.3	The Service shall commence and shall become chargeable from the date the Company first makes the Service available to the Customer.

2.4	Unless the Customer requests otherwise, the Customer is deemed to have consented that: (a) its name, address, business and telephone number(s) be included in printed directories and directory enquiry service and be disclosed to a third party for related purposes; and (b) the Company may release information concerning the Customer to other telecommunciations operators, for the purpose of complying with the Company's obligations to interconnect or other industry practices agreed to by the Company.

2.5	The Company may modify, withdraw, change or reallocate any telephone or service numbers assigned to the Customer. The Company will endeavour to give the Customer prior notice as may be reasonable and practicable in the circumstances, unless the withdrawal is because of termination or suspension of Service in accordance with the Agreement.

3.	Application for Service

3.1	All request for provision of Service may be made orally or in writing in the form prescribed by the Company ("Application Form"). The Application Form may be signed and sent to the Company either in its original form or by facsimile. If signed and transmitted by fax, the facsimile copy shall to all practical intents and purposes be deemed to be and take effect as the original, whether or not the original form is at the same time or subsequently sent to the Company. The Customer acknowledges that the Application Form may be scanned by a computer imaging system whereby the information and/or image of the Application Form will be converted into a digital format and stored in the Company's computer systems. Such stored information may from time to time be reproduced and printed on paper. A hard copy thus reproduced shall to all practical intents and purposes be deemed to be and take effect as the original, and the Customer shall not be entitled to enquire as to whether the original Application Form is still retained or has been otherwise disposed of by the Company.

3.2	The Customer agrees to provide all necessary information as to his identity, his use of the Service and evidence as to his credit worthiness as may he reasonably requested by the Company to fulfill the Application.

3.3	The Customer agrees that the Company may use or disclose the personal information furnished by the Customer and any information relating to the Agreement to any appointed nominee or agent of the Company for the purpose of credit reference checks, market research, publication in telephone directory and debt collection and that the Company shall be entitled to send or otherwise deliver to the Customer certain information in relation to any products or services of the Company or any of its associated company. The Company shall not be liable for any act, omission, negligence or default of such nominee or agent.

3.4	The Service provision lead time is subject to variation depending on availability, geographical location and other relevant circumstances.

3.5	The Company shall not be obliged to provide any Services to the Customer. Service provision is subject to geographic availability and credit approval.

4.	Payment

4.1	The Customer shall punctually pay the Charge without any deduction in the manner and currently indicated on the invoices issued by the Company to the Customer. The Customer shall be responsible for monitoring and controlling the use of the Service by third party and shall be liable for all Charges incurred through the use of the Services regardless of whether the Customer personally used the Service or whether the Service was used without his authority, knowledge or consent. In the event of any dispute between the Company and the Customer relating to any charges invoiced by the Company, the books and records of the Company shall be conclusive evidence of those charges payable by the Customer.

4.2	Any enquiries or disputes regarding any invoice must be made to the Company within one month of the issue date of the invoice. Nothing in this clause shall relieve the Customer from paying the Charges on or before the payment due date specified in the relevant invoice.

4.3	In the event of any invoice being overdue, the Customer hereby authorise the Company to debit all amounts owed against the Customer's credit card account

4.4	The Company shall be entitled to charge interest on all outstanding amounts under the Agreement at the rate of 2% above the prime lending rate of The Hongkong and Shanghai Banking Corporation Limited as current from time to time calculated from the date on which the same is payable until the date of actual payment.

4.5	The Company shall have the right at any time to require the Customer to provide any amount of deposit to the Company (the "Deposit") as security for due payment of any Charges and performance and observance of the terms and conditions herein stipulated and on the part of the Customer to be performed and observed. The Deposit shall be refunded to the Customer without interest after termination of the Agreement and the settlement by the Customer of all outstanding Charges or claims brought by the Company in respect of any breach, non-observance or non-performance on the part of the Customer of any of the terms, conditions and obligations under the Agreement.

4.6	Where the Customer has more than one agreement with the Company, the Company may transfer any credit balance under one agreement to pay an amount due under any other agreement.

4.7	(a) The Company may employ any person to collect any or all sums owed by the Customer to the Company under this Agreement in which case the Company shall not be liable to any act, omission, negligence or default of any such person; (b) The Customer hereby agrees that the Company may collect, store and disclose details of and information relating to the Customer (including any transactions and dealings between the Customer and the Company) to any person appointed by it in accordance with Clause 4.7(a) and the Customer agrees that any such person or entity may utilise such information in the course of any business carried on by such person or entity; (c) The Customer shall indemnify the Company for all cost and expenses incurred by the Company in employing debt collecting agencies or institutions.

5.	Equipment

5.1	The Equipment is and shall at all times remain the property of the Company.

5.2	The Customer agrees that it shall: (a) be responsible for the Equipment whilst it is in the Customer's custody, and shall be liable to the Company for any loss or damage to the Equipment; (b) permit the Company, its representatives or agents access to the Customer's premises at reasonable times to install, inspect, repair or remove the Equipment for providing or terminating the Service; (c) notify the Company immediately of any damage, fault, theft or loss of the Equipment or any part thereof; (d) caused the Equipment to be used and operated in a proper manner, and shall not alter, tamper with or attempt to repair the Equipment in any way except by the Company's authorised, representatives or agents.

6.	Limitations The Service is offered subject to the availability of facilities and the provisions mentioned herein. The Company reserves the right whenever necessary at its absolute discretion to limit the length of communications or to discontinue furnishing facilities owing to conditions beyond its reasonable control.

7.	Interruptions The Company shall use all reasonable endeavors to maintain an efficient Service provided that nothing herein contained guarantees that the Service shall be available to the Customer on demand or continuously in accordance with the terms of this Agreement.

8.	Liability and Indemnity

8.1	Save and except for any liability of the Company which cannot be excluded at law, the Company shall not be liable to the Customer or any other person whatsoever in contract tort or otherwise at law for any cost, expenses, losses, damages or other actual or consequential losses or liabilities whatsoever, suffered or incurred by the Customer or by other person arising directly or indirectly from or out of or relating to (i) the provision of the Service and/or (ii) any accident or any willful negligent or wrongful act or omission on the part of the Company, its agents, employees or contractors in relation to this Agreement and/or (iii) the Customer's use of its own equipment, or any part thereof, which is connected to the telecommunications network of the Company or of a third party.

8.2	Customer undertakes to hold the Company harmless and to indemnify the Company for any liability, loss, damage, cost or expense which the Company may incur in connection with this Agreement. In particular, Customer agrees to hold the Company harmless and to indemnify the Company for any liability, loss, damage, cost or expense which the Company may incur as a result of any misleading, untrue or incorrect information or representations which the Customer gives to the Company in connection with this Agreement.

9.	Suspension The Company shall be entitled to forthwith suspend access to the Service without notice to the Customer if: (a) in the reasonable opinion of the Company there is or has been fraudulent or unauthorised use and access to the Services; (b) the Customer fails to pay in full any charges or other sum whatsoever payable by Customer to the Company when due; (c) in the reasonable opinion of the Company, there is any misuse of the Service by the Customer or any other user authorised by the Customer; (d) the Customer is in breach of any of its obligation under the Agreement; (e) the relevant credit limit or usage limit has been exceeded; (f) the Company is obliged to comply with an order, instruction or request of the Office of the Telecommunications Authority or other competent government authority; or (g) the Company needs to carry out modification or maintenance services to equipment or systems forming part of the network of the Company.

10.	Term and termination

10.1	The Agreement shall come into force on and with effect from the date of acceptance by the Company of the Application and shall continue unless terminated pursuant to the provisions of the Agreement.

10.2	The Customer may terminate the Agreement by giving to the Company not less than 1 month's prior notice for the termination to take effect at any time after expiration of the Minimum Service Period. The Customer may terminate before expiration of the Minimum Service Period by given reasonable notice and paying a cancellation charge to the Company equals to the amount by which the aggregate Charges for the Minimum Service Period exceeds the aggregate Charges already paid by the Customer.

10.3	The Company may terminate the Agreement at any time for whatever reason by giving one month's notice to the Customer.

10.4	The Company shall be entitled to terminate the Agreement forthwith at any time in the event that: (a) the Customer is in breach of any of its obligation under the Agreement and the same remains unremedied for 1 month after notice in writing thereof; (b) the Customer becomes, threatens, or resolves to become or is in jeopardy of becoming the subject of bankruptcy, winding up or receivership proceedings; (c) any permit, license or consent which the Company may require to possess in order to carry out its obligations under this Agreement being refused or withdrawn, provided however that in any such event the Company shall give to the Customer the maximum notice practicable in the circumstances then prevailing; or (d) the Company ceases to make the Services available for whatsoever reason.

11.	Consequences of Termination

11.1	If the Agreement is terminated by the Company or the Customer, the Customer shall pay to the Company all amounts due and payable up to the date of termination as soon as possible from the date of issue of the notice.

11.2	Upon termination of the Agreement, the Company shall be entitled to remove the Equipment from the Customer's premises during normal business hours.

11.3	If the Agreement is terminated prior to the expiry of the Minimum Service Period by the Customer or otherwise by the Company in accordance with Clause 10.4(a) or 10.4(b), the Customer shall pay to the Company the cancellation charge in accordance with Clause 10.2.

11.4	At the expiry or sooner determination of the Agreement, the Company will not be responsible for any costs including but not limited to the installation of any facilities to restore the Customer's original telephony services from any other service provider.

11.5	Termination hereunder shall be without prejudice to any then existing rights and/or claims that the Company may have against the Customer and shall not relieve the Customer from fulfilling his obligations including payment of all outstanding charges prior to date of termination.

12.	Waiver of remedies Failure or delay of the Company at any time to take action against the Customer or any other person as provided in the Agreement shall not affect the Company's right to require full performance of the Agreement at any time thereafter. Waiver by the Company of a breach of any provision of the Agreement shall not constitute a waiver of any subsequent breach nor in any way affect any right, power or remedy of the Company under the Agreement.

13.	Assignment

13.1	The Company may transfer, assign, delegate or sub-contract any of its rights and obligations under the Agreement.

13.2	The Customer shall not assign, transfer, convey, license or otherwise dispose of its rights and obligations under the Agreement to any other party without the prior consent of the Company.

14.	Force Majeure The Company shall not be liable for any loss, damage or delay consequent upon strikes, lookouts, shortage of labour or materials, disputes, delays in delivery of goods or services of any subcontractor, fire, theft, storm, explosion, war, civil commotion, Act of God or any other circumstances beyond its reasonable control howsoever arising or howsoever caused.

15.	Notices Any notice required or permitted hereunder shall be in writing and left at the address of the addressee, or sent by prepaid post to the address of the addressee or sent by facsimile to the facsimile number of the addressee. A notice is deemed to be received if by hand delivery, when it is delivered; if a letter, 3 business days after posting and if a facsimile at the time of dispatch if the sender receives a transmission report which confirms that the facsimile was sent in its entirety to the facsimile number of the recipient.

16.	Variation The Company may revise the Agreement and/or introduce additional terms and conditions from time to time and such revision and/or addition shall become effective when displayed, advertised or brought to the attention of the Customer by such means as the Company thinks fit and shall be binding on the Customer if the Customer continues to use any of the Services after the effective date thereof.

17.	Invalidity If at any time any provision of the Agreement is or becomes illegal, invalid or unenforceable in any respect, the illegal, invalid or unenforceable provision shall be deemed to have been deleted from the Agreement but other provisions of the Agreement shall remain in full force and effect and shall not be affected or impaired thereby.

18.	Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.

Gazette No.: 26/1997 Published on 27th June 1997

In accordance with its Fixed Telecommunication Network Services Licence, New World Telephone Limited hereby publishes its Go Card - Terms and Conditions to date which replaces any Go Card - Terms and Conditions previously published:

Go Card - Terms and Conditions

The Cardholder hereby agree to observe and be bound by the following terms and conditions in relation to the provision of the Service by NWT:

1. Definitions
In this Agreement, unless the context otherwise requires:

"Account" means the Cardholder's account with NWT;

"Agreement" means the agreement between New World Telephone Limited and the Cardholder comprising the Application, User Guide and the terms and conditions set out herein;

"Application" means an application for the Service in such form as may be prescribed by NWT at any time and from time to time;

"Card" means a Go Card issued by NWT in accordance with the terms and conditions set out herein;

"Cardholder" means the authorised holder of a Go Card;

"Charges" means the charges for using the Service as set out in NWT's User Guide from time to time;

"Invoice" means a statement issued by NWT to the Cardholder (giving details of telephone calls made using the Service and the Charges incurred in relation thereto);

"NWT" means New World Telephone Limited or any subsidiary or associated company of NWT, as the case may be;

"Password" means a personal identification code issued by NWT to the Cardholder (as may be changed by the Cardholder from time to time) to allow the Cardholder to gain access to the Service;

"Service" means the international calling service provided by NWT, particulars of which ate contained in the User Guide;

"User Guide" means any brochure, customer guide or other literature published by NWT from time to time in connection with the provision of the Service.

2. Provision of the Service

2.1 Upon acceptance of the Application, NWT will issue a Card to the Cardholder for use of and in connection with the provision of the Service, payment for which shall be charged to the Account.

2.2 Use of the Card shall constitute the Cardholder's consent to be bound by this Agreement.

3. Duration
This Agreement shall come into force on and with effect from the date of acceptance by NWT of the Application and shall continue unless terminated in accordance with clause 10.

4. Supplementary Card

4.1 At the request of the Cardholder, NWT may issue supplementary Cards ("Supplementary Cards") to enable users nominated by the Cardholder ("Authorised Users") to access the Service.

4.2 The Cardholder shall be responsible for and NWT shall invoice the Cardholder for all Charges incurred in respect of access to the Service obtained through the use of a Supplementary Card, whether or not duly authorised by the Cardholder.

4.3 The issue and use of a Supplementary Card is subject to the terms and conditions set out herein.

4.4 The Cardholder and his authorised Users shall be jointly and severally liable for use of all Cards issued on the Account and for all amounts owed to NWT under this Agreement. The Cardholder undertakes to hold NWT harmless and to indemnify NWT for any liability, loss, damage cost or expense (including legal fees) which NWT may suffer, sustain or incur in connection with any loss of or damage to the card or any misuse of the card by the Cardholder or any of his Authorised Users.

5. Service

5.1 NWT will provide the Service upon and subject to the provisions of this Agreement.

5.2 The Cardholder undertakes not to use the Service:

(a)
for any illegal or improper purpose;

(b)
in a manner which constitutes an infringement of the rights of any person (including but not limited to rights of copyright or confidentiality) or a violation or infringement of any duty or obligation in contract, tort or otherwise, to any third party.

5.3 The Cardholder agrees to provide any information as to his identity, his use of the Service and any evidence as to his credit worthiness as may be reasonably requested by NWT.

6. Go Card

6.1 NWT will issue a Password to the Cardholder and his Authorised Users. The Cardholder and his Authorised Users shall not disclose the Password to any other person under any circumstances.

6.2 The Password may be changed at the request of the Cardholder in accordance with the prescribed procedures of NWT from time to time.

6.3 NWT may impose a credit limit and/or usage limit in respect of each Card and may vary tile limits from time to time without notice to the Cardholder.

6.4 The Cardholder may access the Service at any time after receipt or the Card except where access is suspended in accordance with clause 7 of this Agreement.

6.5 The Card shall remain the property of NWT and the Cardholder shall notify NWT immediately of any loss or theft of any Card.

6.6 The Cardholder shall be responsible for the safe custody of the Card and shall return the Card to NWT upon demand or upon termination of this Agreement, whichever shall occur earlier.

6.7 If the Cardholder has reasonable grounds to believe that an unauthorised person has discovered or is making use of his Password without his knowledge or consent, the Cardholder shall promptly notify NWT upon which NWT shall immediately discontinue access to the Service through the use of that Password and shall allocate a new Password to the Cardholder within a reasonable period.

7. Suspension
NWT shall be entitled to forthwith suspend access to the Service without notice to the Cardholder if:

(a)
In the reasonable opinion of NWT there is or has been fraudulent or unauthorised access to the Service through the use of that Card;

(b)
the account number of the Card and the Password mismatches consecutively for 3 times

(c)
the relevant credit limit or usage limit has been exceeded;

(d)
the Cardholder fails to pay in full any charges or other sum whatsoever payable by the Cardholder hereunder when due;

(e)
any misuse of the Service by the Cardholder or his Authorised Users.

8. Reinstatement of Service
Subject to payment by the Cardholder of all sums whatsoever due or owing to NWT and a reconnection charge, NWT may reinstate the Service through the use of the Card if it is satisfied that the events giving rise to the suspension has been rectified.

9. Payment

9.1 NWT will issue an Invoice to the Cardholder for each month during which there are debits or credits to the Account. The record of transactions on the Invoice shall in the absence of manifest error, be conclusive and binding on the Cardholder for all purposes.

9.2 Without prejudice to NWT's right to demand immediate payment at any time, the Cardholder shall pay in full to NWT the Current balance specified in the Invoice on or before the due date specified therein.

9.3 In the event that the Cardholder fails to pay in full any charges or other sum whatsoever payable by the Cardholder hereunder when due, the Cardholder hereby authorise NWT to debit all amounts owed to NWT against the Cardholder's credit card account.

9.4 Any enquiries or disputes regarding any Invoice must be made to NWT within one month of issue date of the Invoice. Nothing in this clause shall relieve the Cardholder from paying the Charges on or before the payment due date specified in the relevant Invoice.

9.5

(a)
NWT may employ any person ("the said person") to collect any or all sums owed by the Cardholder to NWT under this Agreement. NWT shall not be liable for any act, omission, negligence or default of the said person.

(b)
The Cardholder agrees that NWT may collect, acquire, store, use and disclose details of and information relating to the Cardholder and/or all transactions between the Cardholder and NWT and, without prejudice to the generality of the foregoing, NWT may disclose any such information or transaction to any person appointed by it under sub-clause (a) above.

10. Termination of Service

10.1 NWT shall be entitled to cancel, terminate, withdraw or revoke the Service at anytime without prior notice and with or without cause.

10.2 The Cardholder may cancel or terminate the Card at any time by giving written notice to NWT and returning the Card and any supplementary Cards at the same time such cancellation or termination to be effective upon NWT actually receives such notice and the Card.

11. Consequences of Termination

11.1 Upon or before date of termination, the Cardholder shall pay to NWT in full any charges or other sums whatsoever payable by the Cardholder hereunder.

12. Changes

12.1

(a)
NWT shall be entitled to revise this Agreement or introduce additional terms and conditions from time to time and such revision and/or addition shall be effective when display or advertise or brought to the attention of the Cardholder by such means its NWT thinks fit and shall be binding on the Cardholder if the Cardholder continues to use the Card or any of the Service after the effective date thereof.

(b)
Without prejudice to the generality of the foregoing, NWT may from time to time by giving notice to the Cardholder to vary the applicable credit limits and usage limits of the Account, terms of payment, and other charges where applicable. Such variations shall apply on the effective date specified by NWT and shall apply to all outstanding balances on the Account. Retention or use of the Card after the effective date shall constitute acceptance of such variations. If the Cardholder does not accept the proposed variation, he must terminate the use of the Card by written notice and return all Cards to NWT prior to the effective date of the variation.

12.2 NWT may, at any time or from time to time in its absolute discretion, transfer, assign, delegate or sub-contract any or all of it rights and/or obligations under this Agreement to any of its subsidiaries or associated companies.

13. Limitation of liability

13.1 Save and except for any liability of NWT which cannot be excluded at law, NWT shall not be liable to the Cardholder or any other person whatsoever in contract tort or otherwise at law for any cost, expenses, losses, damages or other actual or consequential losses or liabilities whatsoever, suffered or incurred by the Cardholder or by other person arising directly or indirectly from or out of or relating to (i) the provision of the Service or the Card and/or (ii) any accident or any wilful, negligent or wrongful act or omission on the part of NWT, its agents, employees or contractors in relation to this Agreement and/or (iii) the Cardholder's or other person's use of its own equipment, or any part thereof, which is connected to the telecommunications network of NWT or of a third party.

13.2 The Cardholder undertakes to hold NWT harmless and to indemnify NWT for any liability, loss, damage, cost or expense which NWT may incur in connection with this Agreement. In particular, the Cardholder agrees to hold NWT harmless and to indemnify NWT for any liability, loss. damage, cost or expense which NWT may incur as a result of any misleading, untrue or incorrect information or representations which the Cardholder gives to NWT in connection with this Agreement.

14. Waiver of remedies

14.1 Failure or delay of NWT at any time to take action against the Cardholder or any other person as provided in this Agreement shall not affect NWT's right to require full performance of this Agreement at any time thereafter. Waiver by NWT of a breach of any provision of this Agreement shall not constitute it waiver of any subsequent breach nor in any way affect any right, power or remedy of NWT under this Agreement.

14.2 Any right or remedy referred to in this Agreement shall be in addition and without prejudice to any other rights or remedies of NWT at law or otherwise.

15. Force Majeure
NWT shall not be liable for any loss, damage or delay consequent upon strikes, look-outs, shortage of labour or materials, disputes, delays in delivery of goods or services of any subcontractor, fire, theft, storm, explosion, war, civil commotion, Act of God or any other circumstances beyond its reasonable control howsoever arising or howsoever caused.

16. Invalidity
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, the illegal, invalid or unenforceable provision shall be deemed to have been deleted from this Agreement but other provisions of this Agreement shall remain in full force and effect and shall not be affected or impaired thereby.

17. Interpretation
In this Agreement:

17.1 Words importing the singular number include the plural number and vice versa and words importing masculine gender shall include the feminine and neuter genders and words importing persons shall include corporations.

17.2 Where two or more persons are comprised in the expressions "Authorised Users" and/or "Cardholders", the Agreement herein contained shall be deemed to be made by such persons jointly and severally.

17.3 Headings are for convenience only and do not affect the interpretation of this Agreement.

17.4 In the event of any discrepancy between the English and Chinese version of this Agreement, the English version shall prevail.

18. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.

19. Original Documents

19.1 The Application may be signed by the Cardholder and sent to NWT either in its original form or by fax. If signed and transmitted by fax, the fax copy shall to all practical intents and purposes be deemed to be and take effect as the original, whether or not the original form is at the same time or subsequently sent to NWT.

19.2 The Cardholder acknowledges that his Application (either the original or fax copy) may be scanned by a computer imaging system whereby the information and/or image of the Application will be converted into a digital format and stored in NWT computer systems. Such stored information may from time to time be reproduced and printed on paper. A hard copy thus reproduced shall to all practical intents and purposes be deemed to be and take effect as the original, and the Cardholder shall not be entitled to enquire as to whether the original Application is still retained or has been otherwise disposed of by NWT.


1.	Definitions In this Agreement, unless the context otherwise requires: "Account" means the Cardholder's account with NWT; "Agreement" means the agreement between New World Telephone Limited and the Cardholder comprising the Application, User Guide and the terms and conditions set out herein; "Application" means an application for the Service in such form as may be prescribed by NWT at any time and from time to time; "Card" means a Go Card issued by NWT in accordance with the terms and conditions set out herein; "Cardholder" means the authorised holder of a Go Card; "Charges" means the charges for using the Service as set out in NWT's User Guide from time to time; "Invoice" means a statement issued by NWT to the Cardholder (giving details of telephone calls made using the Service and the Charges incurred in relation thereto); "NWT" means New World Telephone Limited or any subsidiary or associated company of NWT, as the case may be; "Password" means a personal identification code issued by NWT to the Cardholder (as may be changed by the Cardholder from time to time) to allow the Cardholder to gain access to the Service; "Service" means the international calling service provided by NWT, particulars of which ate contained in the User Guide; "User Guide" means any brochure, customer guide or other literature published by NWT from time to time in connection with the provision of the Service.

2.	Provision of the Service

2.1	Upon acceptance of the Application, NWT will issue a Card to the Cardholder for use of and in connection with the provision of the Service, payment for which shall be charged to the Account.

2.2	Use of the Card shall constitute the Cardholder's consent to be bound by this Agreement.

3.	Duration This Agreement shall come into force on and with effect from the date of acceptance by NWT of the Application and shall continue unless terminated in accordance with clause 10.

4.	Supplementary Card

4.1	At the request of the Cardholder, NWT may issue supplementary Cards ("Supplementary Cards") to enable users nominated by the Cardholder ("Authorised Users") to access the Service.

4.2	The Cardholder shall be responsible for and NWT shall invoice the Cardholder for all Charges incurred in respect of access to the Service obtained through the use of a Supplementary Card, whether or not duly authorised by the Cardholder.

4.3	The issue and use of a Supplementary Card is subject to the terms and conditions set out herein.

4.4	The Cardholder and his authorised Users shall be jointly and severally liable for use of all Cards issued on the Account and for all amounts owed to NWT under this Agreement. The Cardholder undertakes to hold NWT harmless and to indemnify NWT for any liability, loss, damage cost or expense (including legal fees) which NWT may suffer, sustain or incur in connection with any loss of or damage to the card or any misuse of the card by the Cardholder or any of his Authorised Users.

5.	Service

5.1	NWT will provide the Service upon and subject to the provisions of this Agreement.

5.2	The Cardholder undertakes not to use the Service: (a) for any illegal or improper purpose; (b) in a manner which constitutes an infringement of the rights of any person (including but not limited to rights of copyright or confidentiality) or a violation or infringement of any duty or obligation in contract, tort or otherwise, to any third party.

5.3	The Cardholder agrees to provide any information as to his identity, his use of the Service and any evidence as to his credit worthiness as may be reasonably requested by NWT.

6.	Go Card

6.1	NWT will issue a Password to the Cardholder and his Authorised Users. The Cardholder and his Authorised Users shall not disclose the Password to any other person under any circumstances.

6.2	The Password may be changed at the request of the Cardholder in accordance with the prescribed procedures of NWT from time to time.

6.3	NWT may impose a credit limit and/or usage limit in respect of each Card and may vary tile limits from time to time without notice to the Cardholder.

6.4	The Cardholder may access the Service at any time after receipt or the Card except where access is suspended in accordance with clause 7 of this Agreement.

6.5	The Card shall remain the property of NWT and the Cardholder shall notify NWT immediately of any loss or theft of any Card.

6.6	The Cardholder shall be responsible for the safe custody of the Card and shall return the Card to NWT upon demand or upon termination of this Agreement, whichever shall occur earlier.

6.7	If the Cardholder has reasonable grounds to believe that an unauthorised person has discovered or is making use of his Password without his knowledge or consent, the Cardholder shall promptly notify NWT upon which NWT shall immediately discontinue access to the Service through the use of that Password and shall allocate a new Password to the Cardholder within a reasonable period.

7.	Suspension NWT shall be entitled to forthwith suspend access to the Service without notice to the Cardholder if: (a) In the reasonable opinion of NWT there is or has been fraudulent or unauthorised access to the Service through the use of that Card; (b) the account number of the Card and the Password mismatches consecutively for 3 times (c) the relevant credit limit or usage limit has been exceeded; (d) the Cardholder fails to pay in full any charges or other sum whatsoever payable by the Cardholder hereunder when due; (e) any misuse of the Service by the Cardholder or his Authorised Users.

8.	Reinstatement of Service Subject to payment by the Cardholder of all sums whatsoever due or owing to NWT and a reconnection charge, NWT may reinstate the Service through the use of the Card if it is satisfied that the events giving rise to the suspension has been rectified.

9.	Payment

9.1	NWT will issue an Invoice to the Cardholder for each month during which there are debits or credits to the Account. The record of transactions on the Invoice shall in the absence of manifest error, be conclusive and binding on the Cardholder for all purposes.

9.2	Without prejudice to NWT's right to demand immediate payment at any time, the Cardholder shall pay in full to NWT the Current balance specified in the Invoice on or before the due date specified therein.

9.3	In the event that the Cardholder fails to pay in full any charges or other sum whatsoever payable by the Cardholder hereunder when due, the Cardholder hereby authorise NWT to debit all amounts owed to NWT against the Cardholder's credit card account.

9.4	Any enquiries or disputes regarding any Invoice must be made to NWT within one month of issue date of the Invoice. Nothing in this clause shall relieve the Cardholder from paying the Charges on or before the payment due date specified in the relevant Invoice.

9.5	(a) NWT may employ any person ("the said person") to collect any or all sums owed by the Cardholder to NWT under this Agreement. NWT shall not be liable for any act, omission, negligence or default of the said person. (b) The Cardholder agrees that NWT may collect, acquire, store, use and disclose details of and information relating to the Cardholder and/or all transactions between the Cardholder and NWT and, without prejudice to the generality of the foregoing, NWT may disclose any such information or transaction to any person appointed by it under sub-clause (a) above.

10.	Termination of Service

10.1	NWT shall be entitled to cancel, terminate, withdraw or revoke the Service at anytime without prior notice and with or without cause.

10.2	The Cardholder may cancel or terminate the Card at any time by giving written notice to NWT and returning the Card and any supplementary Cards at the same time such cancellation or termination to be effective upon NWT actually receives such notice and the Card.

11.	Consequences of Termination

11.1	Upon or before date of termination, the Cardholder shall pay to NWT in full any charges or other sums whatsoever payable by the Cardholder hereunder.

12.	Changes

12.1	(a) NWT shall be entitled to revise this Agreement or introduce additional terms and conditions from time to time and such revision and/or addition shall be effective when display or advertise or brought to the attention of the Cardholder by such means its NWT thinks fit and shall be binding on the Cardholder if the Cardholder continues to use the Card or any of the Service after the effective date thereof. (b) Without prejudice to the generality of the foregoing, NWT may from time to time by giving notice to the Cardholder to vary the applicable credit limits and usage limits of the Account, terms of payment, and other charges where applicable. Such variations shall apply on the effective date specified by NWT and shall apply to all outstanding balances on the Account. Retention or use of the Card after the effective date shall constitute acceptance of such variations. If the Cardholder does not accept the proposed variation, he must terminate the use of the Card by written notice and return all Cards to NWT prior to the effective date of the variation.

12.2	NWT may, at any time or from time to time in its absolute discretion, transfer, assign, delegate or sub-contract any or all of it rights and/or obligations under this Agreement to any of its subsidiaries or associated companies.

13.	Limitation of liability

13.1	Save and except for any liability of NWT which cannot be excluded at law, NWT shall not be liable to the Cardholder or any other person whatsoever in contract tort or otherwise at law for any cost, expenses, losses, damages or other actual or consequential losses or liabilities whatsoever, suffered or incurred by the Cardholder or by other person arising directly or indirectly from or out of or relating to (i) the provision of the Service or the Card and/or (ii) any accident or any wilful, negligent or wrongful act or omission on the part of NWT, its agents, employees or contractors in relation to this Agreement and/or (iii) the Cardholder's or other person's use of its own equipment, or any part thereof, which is connected to the telecommunications network of NWT or of a third party.

13.2	The Cardholder undertakes to hold NWT harmless and to indemnify NWT for any liability, loss, damage, cost or expense which NWT may incur in connection with this Agreement. In particular, the Cardholder agrees to hold NWT harmless and to indemnify NWT for any liability, loss. damage, cost or expense which NWT may incur as a result of any misleading, untrue or incorrect information or representations which the Cardholder gives to NWT in connection with this Agreement.

14.	Waiver of remedies

14.1	Failure or delay of NWT at any time to take action against the Cardholder or any other person as provided in this Agreement shall not affect NWT's right to require full performance of this Agreement at any time thereafter. Waiver by NWT of a breach of any provision of this Agreement shall not constitute it waiver of any subsequent breach nor in any way affect any right, power or remedy of NWT under this Agreement.

14.2	Any right or remedy referred to in this Agreement shall be in addition and without prejudice to any other rights or remedies of NWT at law or otherwise.

15.	Force Majeure NWT shall not be liable for any loss, damage or delay consequent upon strikes, look-outs, shortage of labour or materials, disputes, delays in delivery of goods or services of any subcontractor, fire, theft, storm, explosion, war, civil commotion, Act of God or any other circumstances beyond its reasonable control howsoever arising or howsoever caused.

16.	Invalidity If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, the illegal, invalid or unenforceable provision shall be deemed to have been deleted from this Agreement but other provisions of this Agreement shall remain in full force and effect and shall not be affected or impaired thereby.

17.	Interpretation In this Agreement:

17.1	Words importing the singular number include the plural number and vice versa and words importing masculine gender shall include the feminine and neuter genders and words importing persons shall include corporations.

17.2	Where two or more persons are comprised in the expressions "Authorised Users" and/or "Cardholders", the Agreement herein contained shall be deemed to be made by such persons jointly and severally.

17.3	Headings are for convenience only and do not affect the interpretation of this Agreement.

17.4	In the event of any discrepancy between the English and Chinese version of this Agreement, the English version shall prevail.

18.	Governing Law This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.

19.	Original Documents

19.1	The Application may be signed by the Cardholder and sent to NWT either in its original form or by fax. If signed and transmitted by fax, the fax copy shall to all practical intents and purposes be deemed to be and take effect as the original, whether or not the original form is at the same time or subsequently sent to NWT.

19.2	The Cardholder acknowledges that his Application (either the original or fax copy) may be scanned by a computer imaging system whereby the information and/or image of the Application will be converted into a digital format and stored in NWT computer systems. Such stored information may from time to time be reproduced and printed on paper. A hard copy thus reproduced shall to all practical intents and purposes be deemed to be and take effect as the original, and the Cardholder shall not be entitled to enquire as to whether the original Application is still retained or has been otherwise disposed of by NWT.