General Terms And Conditions Of Service Agreement
It is hereby agreed by and between the Customer and Hong Kong Telecommunications (HKT) Limtied (hereinafter referred to as the "Company") as follows:
Unless otherwise specified, this Agreement shall operate for a period of 12 months commencing and expiring on the dates specified in this Agreement.
- The Company shall not be subject to any liability or responsibility for any costs, claim, damage or loss to the Customer or to any person, body of persons or corporation resulting from any reason or cause whatsoever under this Agreement.
- In no event shall the Company be liable in contract, tort (including negligence or breach of statutory duly) or otherwise for any loss (whether direct or indirect) of revenue, business or profits or any indirect or consequential loss whatsoever under this Agreement.
- Nothing herein shall exclude or restrict liability for death or personal injury resulting from the negligence of the Company.
- The Company's absolute and / or total liability for any costs, claim, damage or loss arising under this Agreement shall be limited to an amount which shall not exceed the total amount of payments actually received by the Company from the Customer under this Agreement. Notwithstanding anything else contained in this Agreement, the Company shall not be liable to the Customer for any indirect, special, consequential, collateral, incidental or punitive damages including, without limitation, loss of business, revenue, profit, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, claims of third parties and all associated and incidental costs and expenses.
The Customer shall:
- Promptly notify the Company at such address as designated by the Company from time to time of faults and defects in the Equipment.
- Maintain on-site a fault log related to the operating time of the Equipment and make it readily available to the Company's representative on request.
- Be responsible for the provision of an adequate and suitable electricity supply to the Equipment.
- Provide access to the Equipment at all times as required for service purposes.
- Provide at its expenses adequate working space for the use of the Company within a reasonable distance of the Equipment.
Payment of Charges
- Full payment of the service charges as specified in the final contract agreement shall be made to the Company at the commencement of the service period.
- The Company reserves the right to withhold services under this Agreement until full payment of the charges is received.
- Separate charges with regards to emergency call-out services and labour cost shall be separately invoiced to the Customer and the Customer shall pay the same within 30 days of receipt of the respective invoices.
- The Company shall have the right to terminate this Agreement in the event that the Customer, upon thirty (30) days written notice, fails to make the payment due hereunder or to perform any other obligations required to be performed by the Customer under this Agreement.
- The termination or expiration of this Agreement for any reason shall be without prejudice to any pre-existing rights and obligations of the parties hereunder.
This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and the parties shall submit to the exclusive jurisdiction of the courts of Hong Kong in the event of dispute.
The Company shall not be under liability for any loss or damage resulting from delay or failure to perform this Agreement either in whole or in part where such delay or failure shall be due to causes beyond its reasonable control, or which is not occasioned by its fault or negligence, including, but not limited to war, the threat of imminent war, riots or other acts of civil disobedience, insurrection, acts of God, restraints imposed by governments or any other supranational legal authority or any other industrial or trade disputes, fires, explosions, storms, floods, lightening, earthquakes and other natural calamities.
The Customer shall not assign, transfer, sub-contract, convey, license or otherwise dispose of, wholly or partially, the rights and obligations under this Agreement except with the prior written consent of the Company. The Company may at any time assign, novate and / or otherwise transfer this Agreement and / or any or all rights and/or obligations hereinto any party whatsoever by notice in writing to the Customer.