| 4.0 |
MultiCom Services
MultiCom is managed network service using combination of data network technologies for multi-location corporate networking. MultiCom transmits all the main media including compressed voice, fax, data and digitized video in a single line and allows the consolidation of existing separate private networks into a single integrated solution. The service charges and provision lead time for MultiCom Services are listed as follows:
|
|
| |
Installation Charge
per end |
Monthly Rental
per end |
Provision Lead
time* |
| Service |
(HK$) |
(HK$/month) |
|
| MultiCom 64 |
3,500 |
4,500 |
1 month |
| MultiCom 512 |
4,500 |
7,000 |
3 months |
| MultiCom T1 |
4,500 |
9,000 |
3 months |
| MultiCom LAN 64 |
3,000 |
3,300 |
1 month |
| MultiCom LAN 512 |
4,000 |
5,500 |
3 months |
| MultiCom LAN T1 |
4,000 |
7,500 |
3 months |
- Installation charge includes configuration, connection, and commissioning for the service subscribed. Project management service is available for customers at no charge for project implementation.
- Installation charge applies for external relocation of the service subscribed.
- All charges are fixed. No usage charge applies.
- Monthly rental charge is on a per end basis and includes rental of line and the necessary network access equipment and of maintenance support.
- Round the clock maintenance service is available.
* The lead time may be shorter or longer subject to availability, geographic location and other relevant circumstances.
|
|
| GENERAL TERMS AND CONDITIONS
Applying to Basic Telephone Service, Tone DDI/CO/IDA, and Multi Com Service.
THE CUSTOMER WILL OBSERVE AND BE BOUND BY THE FOLLOWING TERMS AND
CONDITIONS IN RELATION TO THE PROVISION THE SERVICES BY THE COMPANY
|
|
| 1. |
Interpretation |
|
| 1.1 |
Unless the context otherwise requires:
'Equipment' means the electrical, electronic, any mechanical components, cables, and other
associated facilities and equipment installed by the Company for the provisions of Services.
'Facility Link' means the Company's Services and includes, where the context requires or admits,
any service or facility comprised in the provision of Services.
'FTNS' means Fixed Telecommunication Network Services.
'Installation Charges' means the charges payable by the Customer in respect of the installation
and installation testing of each Facility Link.
'Minimum Facility Service Period' means the minimum period of six months from the
commissioning of Facility Link.
'Monthly Charges' means the charges payable by the Customer in each month in respect of the rental. maintenance, repair and restoration of the Facility Link.
'Services' means the services provided by the Company and includes, where the context requires or admits, any service or facility comprised in the provision of services.
'the Company' means New World Telephone Limited.
'the Customer' means the Service subscriber.
|
|
| 2. |
Commencement |
|
| 2.1 |
The Services shall commence and shall become chargeable from the date the Company first
makes the Service available to the Customer.
|
|
| 3. |
Orders |
|
| 3.1 |
An order for a new Services must be made in writing and sent by mail or by fax to the
Company.
|
|
| 3.2 |
The Customer agrees to provide information including credit information that is reasonably
required to enable the Company to fulfill the order.
|
|
| 3.3 |
The Service provision lead time is subject to variation depending on availability, geographic
location and other relevant circumstances.
|
|
| 3.4 |
The Customer agrees that each Facility Link ordered will be kept in service for a minimum
period of six (6) months except, if varied, by written agreement between the parties.
|
|
| 3.5 |
The Company reserves the right to reject an order. Service provision is subject to geographic
availability and credit approval at the time of the order.
|
|
| 4. |
Cancellation |
|
| 4.1 |
Subject to clause 3.4, the Customer agrees to give one (1) month advance notice in writing to the
Company for the cancellation of any Facility Link.
|
|
| 5. |
Payment |
|
| 5.1 |
For Basic telephone Services, Tone DDI/CO/IDA, the Customer shall pay to the Company in
accordance with the following terms:
| (a) |
monthly rental charges will be payable three months in advance and will be invoiced quarterly; |
| (b) |
all other charges will be payable monthly in arears and will be invoiced monthly. |
|
|
| 5.2 |
For Multicom Services:
| (a) |
installation charges will be payable upon presentation of the invoice; |
| (b) |
all other charges will be payable monthly in arears and will be invoice at the beginning of
the following month.
|
|
|
| 6. |
Title |
|
| 6.1 |
The Company retains all right, title and interest in the Equipment installed and the transmission
capacity, irrespective of the rights of use granted to the Customer in this Agreement.
|
|
| 6.2 |
With the exception of information available in the public domain, the Customer undertakes to
treat as strictly confidential all information received by it from the Company. The Company
reserves at all times all rights to the intellectual property and copyright including but not limited
to the documents, drawings and design disclosed to the Customer.
|
|
| 7. |
Inspection |
|
| 7.1 |
The Customer shall not operate or permit to be operated any equipment, apparatus or device
whatsoever or any electrical installation or wiring which in the opinion of the Company may
interfere with the Company's operation.
|
|
| 7.2 |
The Customer shall permit any person(s) authorised by the Company at all reasonable times to enter upon its premises and to have free and safe access to the equipment, apparatus, devices and/or electrical installations or wiring therein for the purpose of inspection thereof |
|
| 7.3 |
The Customer shall provide the Company necessary floor space, electrical power and other facilities as required by the Company from time to time for the purpose of this Agreement. |
|
| 8. |
Limitations |
|
| 8.1 |
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 control
for the requirements of its regularly established services.
|
|
| 9. |
Interruptions |
|
| 9.1 |
The Company shall use its best 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. |
|
| 10. |
Liability and Indemnity |
|
| 10.1 |
Neither the Company nor its servants and agents shall- be under any liability whatsoever to the Customer or to any other person or body corporate or unincorporated for any loss or damage, (hereinafter collectively referred to as 'losses') howsoever caused arising in connection with the Service, including any losses of any indirect or consequential nature, and the Customer shall indemnify the Company and keep the Company indemnified fully against all damages, cost charges and expenses arising in connection with any claim, demand, action or proceedings whatsoever in respect of any such losses.
|
|
| 10.2 |
In providing information to the Customer pursuant to this Agreement, neither the Company, its servants and agents nor its information suppliers shall be responsible for the accuracy, completeness and/or consistency of the information so provided, including but not limited to any loss or damage whatsoever and howsoever suffered or incurred by any party. By access to and/or use of the information provided herein, the Customer unconditionally accepts and agrees to be bound by the above disclaimer of liabilities by the Company, its servants and agents and its information suppliers. |
|
| 11. |
Period of Contract |
|
| 11.1 |
Subject to agreement between the parties. |
|
| 12. |
Suspension |
|
| 12.1 |
The Company may suspend access to the service without notice to the Customer if in the reasonable opinion of the company there is or has been fraudulent or unauthorised use and access to the Services, or payment has not been received from the Customer within 20 days of the due date specified in an invoice.
|
|
| 13. |
Termination |
|
| 13.1 |
The provision of the Services may be terminated forthwith by the Company by notice in writing in the following circumstances
| (a) |
in the event of any breach of Agreement which remains unremedied for 28 days after notice in writing thereof; or |
| (b) |
in the event of 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. |
|
|
| 13.2 |
Any termination under paragraph 11.1 above shall be without prejudice to any rights of the Company to claim damages for breach of this Agreement. |
|
| 14. |
Consequences of Termination |
|
| 14.1 |
If the Services are 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 within 10 days of the date of issue of the notice. |
|
| 14.2 |
Upon termination of the Services, the Company will be allowed or procured by the Customer to remove installed equipment and components (if any) provided by the Company during normal business hours. |
|
| 14.3 |
If the Agreement is terminated by the Company prior to the expiry of the minimum Facility Service Period, the Customer shall pay to the Company Cancellation Charges calculated as the full amount of the monthly charges payable under this Agreement for the minimum Facility Service Period. |
|
| 15. |
Force Majeure |
|
| 15.1 |
The Company shall not be held liable or deemed to be in default under this Agreement for any failure to perform its obligations hereunder if such failure results directly or indirectly from force majeure. |
|
| 15.2 |
For the purpose of this Agreement, force majeure means any happening which the Company could not prevent or control, including war, the threat of imminent war, restraints imposed by government, revocation of FTNS licence, any industrial or trade dispute, riots, civil commotion, insurrections, Act of God, storms, tidal waves, floods, lightning, explosion, fire, earthquake and other natural calamity. |
|
| 15.3 |
The Company affected by the event or circumstances will be granted an extension of thirty days or such longer extension as may be reasonably agreed in the circumstances to perform the obligation, if it notifies the Customer as soon as reasonably practicable of the event or circumstance and of the period for which it expects performance of its obligations to be delayed or prevented. |
|
| 16. |
Assignment |
|
| 16.1 |
Neither party may assign its rights under this Agreement without the prior written consent of the other, which consent must not be unreasonably withheld or delayed. |
|
| 17. |
Notices |
|
| 17.1 |
Any notice required or permitted hereunder shall be in writing and shall be deemed to be duly given if deposited by hand at or dispatched by registered prepaid postage or by fax to the registered office of the party to whom it is addressed as set out in the preamble to this Agreement or such other address as the said party may have specified by notice in writing to the other party. |
|
| 18. |
Entire Agreement |
|
| 18.1 |
This Agreement together with the Schedule attached hereto constitutes the entire agreement between the parties in relation to its subject matter and supersedes all previous agreements, understandings and/or representations between the parties. |
|
| 19. |
Headings |
|
| 19.1 |
Clause headings are for convenience only and shall in no way affect the construction hereof. |
|
| 20. |
Governing Law and Jurisdiction |
|
| 20.1 |
This Agreement is governed by the laws of Hong Kong. |
|
| 20.2 |
Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Hong Kong. |
|