OFCA - Tariffs of Fixed Network Operators

The International Private Leased Circuit Service ("Service") provided by Hutchison Global Crossing Limited (the "Company") provides dedicated transmission circuit between:

• • (a)
  • the mid-point between the Company's network in Hong Kong and international capacity provided by Distant End Operators; and
  • (b)
  • HGC's designated Termination Point in Hong Kong.

• • Country

  • Bandwidth

  • Monthly Rental (HK$)

  • Conditions of Service

  •  

     

    CHINA

  • 64Kbps

  • 7,800

  • See International Private Leased Circuit Service Special Conditions (Half Circuit Arrangement) and China International Private Leased Circuit (IPLC) Service Application Form (For Business Customer only) below

  • 128Kbps

  • 10,200

  • 256Kbps

  • 16,000

  • 384Kbps

  • 21,000

  • 512Kbps

  • 26,800

  • 1024Kbps

  • 39,000

  • T1 – G.703/V.35

  • 52,000

  • E1 – G.703/V.35

  • 62,000

Notes:

1. All prices are quoted as "Half Circuit" in Hong Kong Dollars.
2. The Minimum Commitment Period is 1 year.
3. Monthly rental charges will be billed in advance.
4. Connection during a billing cycle will be rated pro-rata.
5. Service provision leadtime is around 6-8 weeks from the day of order confirmation, subject to the availability of the Local Circuit and the Distant End Half Circuit.

Unless stated otherwise or the context otherwise requires, the following words have the meanings given to them in this clause.

"Agreements"
means, for the Service provided in relation to each IPLC, the relevant Application Form, these International Private Leased Circuit Service Special Conditions (Half Circuit Arrangements) ("IPLC Special T&C (Half Circuit)"), HGC's General Terms and Conditions.

"Application Form"
the form to be filled in by customers to apply for the provision of the Service by HGC.

"Authorised Destination"
a destination outside Hong Kong in respect of which HGC has approved as a destination to and from which Service is available, as may be published by HGC from time to time.

"Charges"
the charges for services as set out herein.

"Customer"
the customer specified in the Application Form to whom Services are to be provided by HGC under an Agreement. 

"Distant End Customer Termination Point"
in relation to an IPLC means the point (in the form of a premises or otherwise and as specified in the relevant Application Form) situated outside Hong Kong and connected to the Distant End Termination Point of that IPLC by a Distant End Local Circuit.

"Distant End Half Circuit"
in relation to an IPLC means the international dedicated transmission capacity between the IPLC Interface and the Distant End Termination Point which corresponds to that IPLC and which has been approved by HGC.

"Distant End Local Circuit"
in relation to an IPLC means the distant end local capacity provided to connect the relevant Distant End Termination Point and the relevant Distant End Customer Termination Point.

"Distant End Operator"
in relation to an IPLC means the telecommunications operator who provides (i) the Distant End Half Circuit to interface with that IPLC at the relevant IPLC Interface and/or (ii) the Distant End Local Circuit.

"Distant End Termination Point"
in relation to an IPLC means the point (in the form of a premises or otherwise) situated outside Hong Kong and designated by the relevant Distant End Operator as where the corresponding Distant End Half Circuit of that IPLC terminates.

"Early Termination Charges"
in relation to an IPLC, means the charges payable upon the termination of the relevant service after the Service Commencement Date but before the expiry date of the relevant Minimum Commitment Period.

Equipment means (where applicable) the equipment (including hardware and software provided by HGC) HGC uses to provide the Services including but not limited to equipment provided by HGC which is installed or placed at the Local Customer Termination Point or equipment supplied by HGC to the Customer in order to provide the Services (if any).

"HGC"
Hutchison Global Crossing Limited

"HGC Termination Point"
in relation to an IPLC means the point (in the form of a premises or otherwise) situated in Hong Kong and designated by HGC as the termination point for that IPLC.

"IPLC"
the dedicated transmission capacity provided by HGC of bandwidth to be agreed between HGC and the Customer between the HGC Termination Point and the IPLC Interface.

"IPLC Interface"
the interface between the IPLC and the Distant End Half Circuit.

"Local Circuit"
in relation to an IPLC, means the local capacity provided by HGC or other operators to connect the relevant HGC Termination Point and the relevant Local Customer Termination Point.

"Local Customer Termination Point"
in relation to an IPLC means the point (in the form of a premises or otherwise and as specified in the relevant Application Form) situated in Hong Kong and connected to the HGC Termination Point of that IPLC by a Local Circuit.

"Local Operator"
any person authorised under the Telecommunication Ordinance to provide Local Circuits.

"Minimum Commitment-Period"
has the meaning as defined in Clause 12.1 hereof.

"Networks"
the public telecommunication network and system by which HGC makes the Services available.

"Service Commencement Date"
the date when Customer is notified that the Service ordered is being delivered, or the date when Customer begins using the Service, whichever is earlier.

"Target Availability Date"
the date targetted for the delivery of the Service ordered, as notified by HGC.

SERVICE COMMENCEMENT

• • 4.1
  • HGC will notify the Customer of the Target Availability Date on the coming into effect of an Agreement. HGC will, subject to 4.2 below, use reasonable endeavour to make available the Service on or before the Target Availability Date.
  • 4.2
  • The Customer acknowledges that any Target Availability Date is subject to the availability of the Distant End Half Circuit, the Local Circuit, and/or the Distant End Local Circuit in accordance with the terms and conditions of an Agreement and that the inability of HGC to deliver the Service ordered by the Target Availability Date shall not constitute a breach by HGC.

• • 5.1
  • HGC will provide the Services. However, HGC may suspend the Services in whole or in part by giving a minimum of 7 days written prior notice if:-
    • • (a)
      • HGC considers it necessary to safeguard the integrity of the Networks; or
      • (b)
      • the Networks or the Equipment fail or require modification or maintenance; or
      • (c)
      • HGC establishes that there is or has been unauthorised, unlawful or fraudulent use of the Services or the Customer's use of the Services or Equipment is causing or may potentially cause damage or interference to the Networks or Equipment; or
      • (d)
      • it is necessary to comply with a direction or request of the Office of the Telecommunications Authority or other competent authority; or
      • (e)
      • the Customer does not comply with any of the terms of an Agreement in any circumstances where HGC will be entitled to terminate the same.
  • 5.2
  • HGC reserves the right to charge for reconnection and to provide for additional terms and conditions in relation to specific network platform.
  • 5.3
  • The Customer acknowledges that the quality of transmission using any IPLC will depend on the technical and operational quality of the Distant End Half Circuit and/or the Distant End Local Circuit.
  • 5.4
  • The Customer acknowledges that Local Circuits may not be available to all proposed Local Customer Termination Points, Distant End Half Circuits may not be available to all proposed Distant End Termination Points and Distant End Local Circuits may not be available to all proposed Distant End Customer Termination Points and accordingly:
    • • (a)
      • any statement of such availability made by HGC is indicative only unless it is confirmed in writing after HGC has made all necessary enquiries;
      • (b)
      • if the proposed Distant End Half Circuit, Local Circuit or Distant End Local Circuit requested by the Customer is not available, HGC will inform the Customer and the Customer may substitute another proposed Distant End Half Circuit Local Circuit, or Distant End Local Circuit; and
      • (c)
      • if the Customer does not specify another Distant End Half Circuit, Local Circuit or Distant End Local Circuit within 7 days of receiving notice from HGC under paragraph (b) the relevant Agreement will be regarded as cancelled with neither party bearing any liability
  • 5.5
  • The Customer is deemed to have accepted the IPLC if HGC has not received written notice from the Customer to the contrary within 7 days of the Service Commencement Date. If the Customer informs HGC that it does not accept the IPLC within 7 days of the Service Commencement Date, HGC may immediately terminate the Service and the Customer shall pay HGC all costs incurred by or on behalf of HGC in relation to the performance of the Agreement up to the date of such notice of termination and HGC's written confirmation of the amount so incurred shall serve as conclusive evidence thereof.

GENERAL OBLIGATIONS OF CUSTOMERS

The Customer agrees that:

• • (a)
  • The Customer shall:
    • • (i)
      • liaise with and provide information and assistance to HGC reasonably required to design, arrange for, test and commission the relevant IPLC, Local Circuits and Distant End Local Circuit;
      • (ii)
      • ensure that HGC has access to the premises at which the Local Customer Termination Point is located at reasonable hours on giving reasonable notice for the purposes specified in (i) above and to provide the Service;
      • (iii)
      • provide to the Distant End Operator such information and assistance as the Distant End Operator reasonably requires to design, arrange for, test and commission the Distant End Half Circuit and/or the Distant End Local Circuit;
      • (iv)
      • ensure that the Distant End Operator has access to the premises at which the Distant End Termination Point and/or the Distant End Customer Termination Point is located at reasonable hours or giving reasonable notice for the purposes specified in (iii) above and to provide the Distant End Half Circuit and/or Distant End Local Circuit;
      • (v)
      • provide and upgrade Customer-provided equipment as necessary to support the Service and provide equipment rooms environmentally compliant with applicable laws and other environmental conditions;
      • (vi)
      • upon HGC's or its contractor's request, participate in any testing procedures and provide escort services and a safe environment to any HGC or contractor personnel at the premises at which the Local Customer Termination Point and/or Distant End Customer Termination Point is located for the purposes of installation, testing or maintenance.
  • (b)
  • The Customer shall use any Service for the purposes for which it is designed and provided and shall not use the same for any improper, immoral, defamatory or unlawful purposes.
  • (c)

  • The Customer shall not act in such a way that the operation of the Networks or other lawful telecommunication services or equipment or the provision of Services will be jeopardised or impaired.

  • (d)
  • The Customer shall pay all licence fees (if any) payable from time to time to the Government of the Hong Kong Special Administrative Region ("HKSAR") in connection with the Customer's use of the Services.
  • (e)
  • The Customer shall comply with the laws of the HKSAR, other applicable law and the reasonable instructions of HGC relating to the Customer's use of the Services.

PAYMENT OF CHARGES

The Customer agrees that:

• • (a)
  • The Charges for each Service consist of recurring "Monthly Charges" as set out in the Application Form.
  • (b)
  • Payment of sums (apart from sums that are reasonably disputed ("Reasonably Disputed Sums") is due on the payment due date specified in HGC's invoice or, if no date is specified, on the date 14 days after the issue date of the invoice by HGC. The Customer shall pay the amount of such invoice (net of the Reasonably Disputed Sums) without set off or deduction. If payment of the said amount has not been made on that date, HGC may charge interest thereon at the rate of 8% per annum on a daily basis from the date the payment was due to the date full payment is received by HGC and charge the Customer a collection agent fee and handling fee as HGC shall deem fit. The Customer shall itself bear all applicable taxes, tariffs, duties or imposition of similar nature imposed by any relevant authorities.
  • (c)
  • HGC may invoice the Customer for Monthly Charges monthly in advance at any time after the Service Commencement Date.

• • 8.1
  • All Equipment shall remain HGC's property at all times and the Customer will not acquire any rights or title in them.
  • 8.2
  • The Customer shall not, nor permit any other person to alter, remove, add to, or otherwise interfere with the Equipment or any identifying marks or numbers on the Equipment.
  • 8.3
  • The Customer shall:
  • • • (a)
      • use and operate all Equipment in a proper manner; and
      • (b)
      • keep any Equipment at the Local Customer Termination Point safe, and shall be liable to HGC for any loss or damage to the Equipment caused by their negligence or fault.
  • 8.4

  • Upon termination of the Agreement, the Customer shall:

    • • (a)
      • immediately cease to use the Equipment and the Service; and
      • (b)
      • permit or procure permission for HGC to remove the Equipment from the Local Customer Termination Point.

• • 9.1
  • The Customer may obtain the Distant End Half Circuit and/or the Distant End Local Circuit either by arranging for the provisioning of the same directly with the relevant Distant End Operator(s) or by appointing HGC as the agent of the Customer to obtain on behalf of the Customer the Distant End Half Circuit and/or Distant Local Circuit from the relevant Distant End Operators.
  • 9.2
  • If the Customer acquires the Distant End Half Circuit and/or Distant End Local Circuit directly from the relevant Distant End Operator(s), the Customer must ensure that:
    • • (a)
      • the Distant End Half Circuit and/or the Distant End Local Circuit is installed, tested and made available so that the Service can be delivered by the Target Delivery Date;
      • (b)
      • the interface between the Distant End Half Circuit and the IPLC conforms to HGC's technical standards and requirements for the Service;
      • (c)
      • the Distant End Operator deals directly with and provides reasonable assistance to HGC in relation to the connection and the inter-working of the Distant End Half Circuit and/or the Distant End Local Circuit on one hand and the IPLC on the other; and
      • (d)
      • the Distant End Half Circuit and/or the Distant End Local Circuit are/is in operation during the term of an Agreement by, without limitation, ensuring the prompt settlement of all maintenance and operational charges payable in respect of the same.
  • 9.3
  • If the Customer wishes HGC to arrange for the Distant End Half Circuit and/or the Distant End Local Circuit to be provisioned:
    • • (a)
      • it will notify HGC in writing of that request;
      • (b)
      • HGC may elect whether or not to acquire the Distant End Half Circuit and/or the Distant End Local Circuit on behalf of the Customer; and
      • (c)
      • if HGC elects to arrange the Distant End Half Circuit and/or the Distant End Local Circuit, it is, upon notifying the Customer of the election, appointed as the agent of the Customer to enter into such arrangements with the relevant Distant End Operator(s) as may be necessary in accordance with Clause 11.
  • 9.4
  • All charges levied by the relevant Distant End Operator(s) for the Distant End Half Circuit and/or the Distant End Local Circuit and any other services or equipment provided by the same will be billed directly to the Customer who will be responsible for their settlement.
  • 9.5
  • HGC will provide single-end ordering, billing and fault reporting or any combination of them if the Customer requests, subject to HGC's acceptance of such request. The Customer will be liable for all administration charges in relation to such arrangement.

Hong Kong Local Circuits

• • 10.1
  • In respect of each IPLC provided under an Agreement, the Customer will obtain the associated Local Circuit from HGC (either self-provisioned by HGC or otherwise) under, subject to Clause 10.3 hereof, separately tariffed terms and conditions under the service name "DataEight AccessLine".
  • 10.2
  • The Customer will be responsible, to HGC for all charges levied on the Local Circuit and for any other services or equipment provided by HGC in connection with the Local Circuit. For the avoidance of doubt, the Charges payable under an Agreement do not include the charges to be paid by the Customer under this Clause 10.2.
  • 10.3
  • The Customer shall and HGC shall allow the Customer to commit to a Local Circuit for the same period as the associated IPLC is committed under the relevant Agreement.

• • 11.1

  • If HGC is appointed to act as the Customer's agent and arrange for the provision of a Distant End Half Circuit and/or a Distant End Local Circuit by the relevant Distant End Operator(s) on the Customer's behalf:

    • • (a)
      • HGC will have authority to place the order with the Distant End Operator on that operator's standard tariffed terms and conditions for such telecommunications services including charges;
      • (b)
      • the Customer will contract as principal directly with the Distant End Operator on its applicable terms and conditions;
      • (c)
      • HGC does not assure that it will always be able to obtain and is under no duty to ensure that the Customer obtains the best terms and conditions offered by the Distant End Operator at any time; and
      • (d)
      • the Customer indemnifies HGC against any liability to the Distant End Operator in respect of its dealings with the Distant End Operator in relation to the provision of the Distant End Half Circuit.

• • 12.1
  • The Minimum Commitment Period for the Service provided in respect of each IPLC is 12 months from the relevant Service Commencement Date unless otherwise specified by HGC in writing. The Service will continue after the expiry of the Minimum Commitment Period until terminated by notice served pursuant to Clause 12.3 below.
  • 12.2
  • If the Customer or HGC terminates the Local Circuit or the Customer or the relevant Distant End Operator terminates the Distant End Half Circuit and/or the Distant End Local Circuit for any reason or the Customer's contract for the Local Circuit or Distant End Half Circuit (and/or Distant End Local Circuit) expires and the Customer has not terminated the IPLC in accordance with these Conditions:
    • • (a)
      • the Customer may nominate another Local Operator or other Distant End Operator(s) to provide the Local Circuit, Distant End Half Circuit and/or Distant End Local Circuit;
      • (b)
      • HGC will use its reasonable endeavours, as the case may be, to connect or facilitate the connection of the new Local Circuit, the Distant End Half Circuit and/or the Distant-End Local Circuit for the purpose of the provision of services hereunder;
      • (c)
      • the Customer must pay HGC's additional reasonable costs incurred in connection with arranging the connection referred to in paragraph (b); and
      • (d)
      • if the Customer does not nominate another, as the case may be, Local Operator or Distant End Operator for the said purposes or new Local Circuit, new Distant End Half  Circuit and/or new Distant End Local Circuit cannot be connected for the purpose of the provision of the services hereunder, the Customer must continue to pay all Charges in relation to the Service until the Service is terminated by the Customer in accordance with the terms and conditions of the relevant Agreement.
  • 12.3
  • Either party may terminate an Agreement by giving the other at least 30 days' written notice before or after the expiry of the Minimum Commitment Period whereupon the termination will be effective upon the expiry of the written notice.
  • 12.4
  • Except as otherwise specifically provided for hereunder, where an Agreement is terminated before the expiry of the Minimum Commitment Period by the Customer giving notice pursuant to Clause 12.3 above or by HGC immediately pursuant to Clause 5b of HGC's General Terms and Conditions. The Customer will be liable for payment of Early Termination Charges equal to 20% of balance of the total rental for the remaining unexpired Minimum Commitment Period.
  • 12.5
  • Where an Agreement is terminated after the expiry of the Minimum Commitment Period:
    • • (i)
      • by either party pursuant to Clause 12.3 above, the Customer shall pay HGC all the charges payable hereunder until the termination of the Agreement upon expiry of the relevant notice; or
      • (ii)
      • by HGC pursuant to 5b of HGC's General Terms and Conditions, the Customer shall be deemed to have served a notice to terminate pursuant to Clause 12.3 above and be liable to pay HGC all charges payable hereunder in the same way as provided for under Clause 12.5 (i) above, notwithstanding the immediate termination of the Agreement.

TERMS AND CONDITIONS

In the event of there being conflicts between the terms and conditions that constitute an Agreement, the conflicts shall be resolved in accordance with the following order of priority so that the terms and conditions of a higher priority shall prevail over those of a lower priority:

• • (a)
  • the Application Form;
  • (b)
  • the IPLC Special T&C (Half Circuit);
  • (c)

  • HGC's General Terms and Conditions.