OFCA - Tariffs of Fixed Network Operators7623

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Gazette No.: 35/2000 Published on 1 Sep. 2000
FIXED TELECOMMUNICATION NETWORK SERVICES LICENCE
TELECOMMUNICATIONS ORDINANCE (Chapter 106)
Hutchison Global Crossing Limited

In accordance with General Condition 20 of its Fixed Telecommunication Network Services Licence, Hutchison Global Crossing Limited ("HGC") hereby publishes the tariffs of HGC Broadband Service and the Service Terms and Conditions under which HGC will provide the following telecommunications services to customers with effect from 24th August 2000.

Service Name

BROADBAND SERVICE

Service Description

Broadband Service is a signal or data transmission service using Ethernet technology with a dedicated speed of 10Mbps.

Service Charges

(a) Promotional Price Plan: B220 (Valid until Dec 31, 2000)

Monthly Service Fee for Unlimited Usage Hours

(HK$)

220.00

(b) Price Plan: Low Usage Plan (Valid from Jan 1, 2001)

Monthly Service Fee for 20 Usage Hours

Additional Usage Fee

(HK$)

(Per Hour HK$)

198.00

2.00

(c) Price Plan: High Usage Plan (Valid from Jan 1, 2001)

Monthly Service Fee for 100 Usage Hours
Additional Usage Fee

(HK$)

(Per Hour HK$)

298.0

2.00

　

SPECIAL TERMS AND CONDITIONS FOR BROADBAND SERVICES

　
In addition to the General Terms and Conditions of Hutchison, the Customer shall also observe and be bound by the following terms and conditions in relation to the provision of Hutchison.

1. Definitions

Unless otherwise stated, words and expressions used in the following terms and conditions shall have the same meaning ascribed to them in the General Terms and Conditions of Hutchison previously gazetted. In addition:-

"Software" means any software supplied by Hutchison in object code form to the Customer from time to time under the terms of this Agreement.

"Content" means including any content, Software, data, information, diagram, symbol or other material in whatever languages that can be accessed by or through using Broadband Services including without limitation all textual, audio, video, still and moving images, graphical, musical, or other content, or information, or goods or services.

　
2. Software Licence

Hutchison grants the Customer a non-exclusive non-transferable licence to use the Software solely to access Broadband Services on the Customer's computer in strict accordance with the terms and conditions of this Agreement and any software licence which accompanies the Software.

3. Customer's Responsibilities & Use of Broadband Services

The Customer shall:

(a) Not use, or allow others to use, Broadband Services for any purpose Hutchison considers improper, immoral, defamatory, or otherwise unlawful or for any unsolicited advertising or promotion.

(b) Not, nor allow others to, act in such a way that may jeopardize or impair the provision of Broadband Services by Hutchison.

(c) Indemnify and keep Hutchison indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including without limitation legal costs on solicitor and own client basis) suffered or incurred by Hutchison arising from or which is directly or indirectly related to:

(i) the Customer's use or any other person's use of Broadband Services where any Authorised Access Method (including without limitation the CLI of the Customer's account or login ID or password) has been used (whether or not by the Customer), including without limitation claims arising from or for any act alleged to be illegal, defamation, intellectual property right infringement, damage to computer database, loss of data, distribution of obscene or offensive material; or

(ii) any breach or non-observance of any provision contained in this Agreement by the Customer.

(d) Not use, nor allow others to use, Broadband Services for voice transmission purposes without Hutchison's prior written consent.

(e) Not, nor allow others to, copy, sub-licence, distribute, sell, transfer, exploit, alter, adjust, decompile, disassemble, modify, tamper with, misuse, reverse engineer or repair the Software and/or Hutchison's facilities, programming or otherwise, or attempt to do such thing.

(f) Not hack into, use or access (or attempt to hack into, use or access) any part of Broadband Services, any Content, or any area on the Broadband Services server for which Hutchison has not authorised access to the Customer.

　
4. The Customer acknowledges and agrees that:

4.1 To the extent permitted by law, the Customer shall not take any step, action or proceedings whether legal or otherwise and shall not make or threaten to make any claim or demand against Hutchison or its agents, contractors, sub-contractors or affiliated companies in relation to any Content accessed by or through using Broadband Services (including without limitation claims for defamation and intellectual property right infringement).

4.2 The Customer shall be responsible for obtaining, providing and paying for all suitable telecommunications equipment, telephone access lines, computer equipment (including without limitation any modem) and software (excluding the Software) or other access devices, necessary to connect to Broadband Services (except where Hutchison has agreed to provision such equipment, lines, software or access devices itself or through a third party which are not owned or to be owned by the Customer).

4.3 Broadband Services and the Software are supplied on an "as is" basis without warranties of any kind. All conditions, warranties and responsibility in relation to the provision of the Software and Broadband Services (including without limitation title, fitness for any purpose, merchantability, standard of quality or performance or accuracy of Broadband Services or the Software) are excluded to the extent permitted by law unless otherwise specified in this Agreement. Hutchison expressly disclaims any warranty or responsibility:

(a) that the Software and Broadband Services will be uninterrupted, error free or free of any contaminating or destructive properties;

(b) as to any results obtained from using Broadband Services.

4.4 In no event will Hutchison be liable to the Customer whether in contract, tort, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for any special, direct, indirect or consequential loss or damage (including without limitation loss of revenue or profits, loss of data or goodwill, or the loss of use of any equipment or software) which is suffered or incurred by the Customer arising out of the use or in any other way out of this Agreement, Broadband Services or the Software.

4.5 Hutchison shall not be party to any transaction made between the Customer and any third party through use of Broadband Services.

4.6 Hutchison cannot accept and disclaims any responsibility to control the Content, whether or not the Content is stored by Hutchison. All information provided through Broadband Services (including without limitation the Content) is for reference purposes only. Hutchison, its agents, contractors, sub-contractors, affiliated companies and all third party Content providers do not guarantee the accuracy or completeness of any information provided through Broadband Services (including without limitation any Content), and do not accept any liability for any cost, expense, loss, or damage arising from any inaccuracies or omissions.

4.7 Hutchison accepts no responsibility and makes no representation or warranty:

(a) in relation to the completeness, accuracy or timeliness of the Content or its fitness for any purpose;

(b) that any Content or messages can be duly stored or transmitted from or to, or received by, the Customer through Broadband Services.

4.8 Hutchison disclaims liability for any error, omission or misstatement in or arising from the Content. Hutchison does not endorse or recommend any person, name, product or service referred to in the Content. The Content does not constitute Hutchison's view or opinion and Hutchison expressly disclaims any responsibility or warranty to exercise any editorial control over or to edit or amend or delete any Content before it is accessed by the Customer through Broadband Services. Hutchison accepts no responsibility and makes no representation or warranty that the Content will not be objectionable or offensive to the Customer or any other person.

4.9 No oral or written information given by Hutchison, its employees, affiliates, agents or the like shall create a warranty or binding representation. The Customer hereby acknowledge that the Customer have not and will not rely on such information.

4.10 Hutchison does not warrant the confidentiality or security of data whether personal or otherwise transmitted through Broadband Services (although Hutchison's current practice is to take reasonable steps to maintain confidentiality).


(a)	Promotional Price Plan: B220 (Valid until Dec 31, 2000)
	Monthly Service Fee for Unlimited Usage Hours
	(HK$)
	220.00



(b)	Price Plan: Low Usage Plan (Valid from Jan 1, 2001)
	Monthly Service Fee for 20 Usage Hours	Additional Usage Fee
	(HK$)	(Per Hour HK$)
	198.00	2.00

(c)	Price Plan: High Usage Plan (Valid from Jan 1, 2001)
	Monthly Service Fee for 100 Usage Hours	Additional Usage Fee
	(HK$)	(Per Hour HK$)
	298.0	2.00


	Unless otherwise stated, words and expressions used in the following terms and conditions shall have the same meaning ascribed to them in the General Terms and Conditions of Hutchison previously gazetted. In addition:-

	"Software" means any software supplied by Hutchison in object code form to the Customer from time to time under the terms of this Agreement.

	"Content" means including any content, Software, data, information, diagram, symbol or other material in whatever languages that can be accessed by or through using Broadband Services including without limitation all textual, audio, video, still and moving images, graphical, musical, or other content, or information, or goods or services.


(a)	Not use, or allow others to use, Broadband Services for any purpose Hutchison considers improper, immoral, defamatory, or otherwise unlawful or for any unsolicited advertising or promotion.
(b)	Not, nor allow others to, act in such a way that may jeopardize or impair the provision of Broadband Services by Hutchison.
(c)	Indemnify and keep Hutchison indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including without limitation legal costs on solicitor and own client basis) suffered or incurred by Hutchison arising from or which is directly or indirectly related to:
	(i)	the Customer's use or any other person's use of Broadband Services where any Authorised Access Method (including without limitation the CLI of the Customer's account or login ID or password) has been used (whether or not by the Customer), including without limitation claims arising from or for any act alleged to be illegal, defamation, intellectual property right infringement, damage to computer database, loss of data, distribution of obscene or offensive material; or
	(ii)	any breach or non-observance of any provision contained in this Agreement by the Customer.
(d)	Not use, nor allow others to use, Broadband Services for voice transmission purposes without Hutchison's prior written consent.
(e)	Not, nor allow others to, copy, sub-licence, distribute, sell, transfer, exploit, alter, adjust, decompile, disassemble, modify, tamper with, misuse, reverse engineer or repair the Software and/or Hutchison's facilities, programming or otherwise, or attempt to do such thing.
(f)	Not hack into, use or access (or attempt to hack into, use or access) any part of Broadband Services, any Content, or any area on the Broadband Services server for which Hutchison has not authorised access to the Customer.


4.1	To the extent permitted by law, the Customer shall not take any step, action or proceedings whether legal or otherwise and shall not make or threaten to make any claim or demand against Hutchison or its agents, contractors, sub-contractors or affiliated companies in relation to any Content accessed by or through using Broadband Services (including without limitation claims for defamation and intellectual property right infringement).
4.2	The Customer shall be responsible for obtaining, providing and paying for all suitable telecommunications equipment, telephone access lines, computer equipment (including without limitation any modem) and software (excluding the Software) or other access devices, necessary to connect to Broadband Services (except where Hutchison has agreed to provision such equipment, lines, software or access devices itself or through a third party which are not owned or to be owned by the Customer).
4.3	Broadband Services and the Software are supplied on an "as is" basis without warranties of any kind. All conditions, warranties and responsibility in relation to the provision of the Software and Broadband Services (including without limitation title, fitness for any purpose, merchantability, standard of quality or performance or accuracy of Broadband Services or the Software) are excluded to the extent permitted by law unless otherwise specified in this Agreement. Hutchison expressly disclaims any warranty or responsibility:
	(a)	that the Software and Broadband Services will be uninterrupted, error free or free of any contaminating or destructive properties;
	(b)	as to any results obtained from using Broadband Services.
4.4	In no event will Hutchison be liable to the Customer whether in contract, tort, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for any special, direct, indirect or consequential loss or damage (including without limitation loss of revenue or profits, loss of data or goodwill, or the loss of use of any equipment or software) which is suffered or incurred by the Customer arising out of the use or in any other way out of this Agreement, Broadband Services or the Software.
4.5	Hutchison shall not be party to any transaction made between the Customer and any third party through use of Broadband Services.
4.6	Hutchison cannot accept and disclaims any responsibility to control the Content, whether or not the Content is stored by Hutchison. All information provided through Broadband Services (including without limitation the Content) is for reference purposes only. Hutchison, its agents, contractors, sub-contractors, affiliated companies and all third party Content providers do not guarantee the accuracy or completeness of any information provided through Broadband Services (including without limitation any Content), and do not accept any liability for any cost, expense, loss, or damage arising from any inaccuracies or omissions.
4.7	Hutchison accepts no responsibility and makes no representation or warranty:
	(a)	in relation to the completeness, accuracy or timeliness of the Content or its fitness for any purpose;
	(b)	that any Content or messages can be duly stored or transmitted from or to, or received by, the Customer through Broadband Services.
4.8	Hutchison disclaims liability for any error, omission or misstatement in or arising from the Content. Hutchison does not endorse or recommend any person, name, product or service referred to in the Content. The Content does not constitute Hutchison's view or opinion and Hutchison expressly disclaims any responsibility or warranty to exercise any editorial control over or to edit or amend or delete any Content before it is accessed by the Customer through Broadband Services. Hutchison accepts no responsibility and makes no representation or warranty that the Content will not be objectionable or offensive to the Customer or any other person.
4.9	No oral or written information given by Hutchison, its employees, affiliates, agents or the like shall create a warranty or binding representation. The Customer hereby acknowledge that the Customer have not and will not rely on such information.
4.10	Hutchison does not warrant the confidentiality or security of data whether personal or otherwise transmitted through Broadband Services (although Hutchison's current practice is to take reasonable steps to maintain confidentiality).