Telecom Square HK Limited Mobile Communication Device Rental Service (Daily Plan) Basic Terms of Service (the “Terms”)
Article 1: Definitions
Unless otherwise expressly stated, the following defined terms shall have the following meanings:
- (1) Service: the Daily Plan rental service for mobile communication device(s) to be provided by the Company to Subscribers.
- (2) Subscribers: any Individuals, Corporations using the Service and/or making an application for the Service.
- (3) Daily Plan: the minimum contract unit of at least one (1) day duration required to be committed by Subscribers for the Service.
- (4) Mobile Communication Devices: any communication device and/or terminals comprising the Service (SIM, handset) and ancillary devices belonging to the Company.
- (5) Subscribers’ Devices: Any other devices or software used or owned by Subscribers in connection with the Service, excluding the Mobile Communication Devices.
- (6) Compensation Insurance: Insurance provided by the Company to compensate for loss, theft, and breakage of Mobile Communication Devices subject to the conditions as set out in the Terms herein during the usage period of the Service.
- (7) Individual Terms: Any modified, added, deleted or varied terms, regulations or precautions on specific matters offered by the Company to Subscribers which are not covered by the Terms hereunder.
- (8) My Page: Exclusive web application site for Subscribers which is operated and managed by the Company in which the Subscribers may freely sign up for memberships at their will by creating a unique ID and password.
- (9) Company: Telecom Square HK Limited
- (10) Corporations: Subscribers who are corporations, various organizations, partnerships, or otherwise approved by the Company as corporate Subscribers to settle the Usage Fees by bank remittance upon receiving invoices from the Company (hereafter “payment on invoice”).
- (11) Individuals: Subscribers other than (10) above.
- (12) Communications: Calls and data communication.
- (13) Usage Fees: all fees and changes payable to the Company including but not limited to cancellation fees stipulated in Article 5 [Cancellation of application and cancellation fees], usage fees stipulated in Article 10 [Usage Fees and other costs], and other costs and fees in relation to the Service.
In this Terms, unless the context otherwise requires:
- (1) a word signifying the plural shall include the singular and vice versa; and
- (2) a word signifying a person shall include a company and vice versa.
Article 2: About the Terms
- 1. The Terms set out the basic terms and conditions and shall be applicable to all Subscribers upon making an application for and using Daily Plan.
- 2. Any Individual Terms, when accepted by the Company, shall be treated as having automatically incorporated and constitute as part of the Terms. If any of the provisions of the Terms herein are inconsistent with those of Individual Terms, Individual Terms shall prevail over the Terms.
- 3. Subscribers agree to be bound by the Terms as well as the Individual Terms (if any) upon using the Service.
- 4. Subscribers acknowledge and agree that the Company has the sole discretion to vary, alter or modify the Terms without notice to Subscribers, and Subscribers shall comply with the new Terms after such change.
- 5. Subscribers acknowledge and agree that the Company shall have the sole right and discretion to make any adjustments (including change, variation or termination) relating to the Usage Fees, the scope of Services, discounts or special offers without any notice to Subscribers and Subscribers agree to be bound by such new adjustments.
Article 3: Policy on handling personal information
Article 4: Application
- 1. Subject to the acceptance by the Company of the Subscribers’ application for the Service, a binding rental contract shall take effect immediate upon the time when Subscribers first make the application for the Service in accordance with the application method (such as email, letter, fax telephone or written application form) stipulated by the Company. Acceptance of the application will be notified by the Company accordingly.
- 2. The Company shall make the notification stipulated in the above section with the method recognized as appropriate by the Company, such as emails, letters, fax, written confirmation, telephone or other communication means deemed fit by the Company.
- 3. For the avoidance of doubt, the rental contract referred to in Section 1 shall take effect at the time of the application even if confirmation of acceptance by the Company of the application is delayed, if such delay in acceptance is attributable solely to Subscribers.
- 4. The following persons are not eligible to apply for or use the Service.
- (1) The credit cards of Subscribers submitted to the Company for payment purpose are/had been subject to suspension of usage by the relevant card issuing company.
- (2) Subscribers who have non-payment records of the Usage Fees in the past.
- (3) In the opinion of the Company, Subscribers who are or may be engaged in activities that could lead to disruption of social order, public moral or contravention of any law.
- (4) Triad, gangs, gang members, non-regular gang members, companies having relationships with gangs, corporate racketeers, and their equivalents; or people who have ceased to be one of the above in less than the past 5 (five) years.
- (5) In the opinion of the Company, Subscribers who are unable to satisfy the Company about their credit requirements.
- (6) Other circumstances leading the Company to consider such Subscribers as inappropriate to apply for or use the Service.
- 5. Subscribers acknowledge and agree that the model of Mobile Communication Devices to be provided shall be determined by the Company in its absolute discretion.
- 6. The Company may request a security deposit or a deposit by a credit card (hereafter, “deposit”) from the Subscribers as the Company deems fit and necessary.
- 7. Subscribers agree that it is their responsibilities to ensure the correct application is being made. The Company makes no warranty or guarantee that the Services to be applied for by Subscribers will be fit for or meet any particular need or purpose of Subscribers. Subscribers shall be obliged to pay the full Usage Fees even if a mistaken application for Service has been made resulting in receiving Mobile Communication Devices which may not work in any particular country or region. In any event, the Company shall not be held responsible for any mistaken application made by the Subscribers.
- 8. If the Company is unable to provide Service, for whatever reason, including but not limited to insufficient inventory of the Mobile Communication Devices or system failure, the only recourse for Subscribers shall be limited only to a refund from the Company of any Usage Fees and full deposit already paid, without interest, to Subscribers, in any event the Company shall have no further liability to Subscribers.
Article 5: Cancellation of Application and Cancellation Fees
- 1. Subject to the below provisions in Article 5, in the event that Subscribers indicate an intention to cancel the rental contract to the Company prior to the receipt of Mobile Communication Devices, the relevant rental contract shall be considered as cancelled.
- 2. Methods to indicate intention of cancellation stipulated in the above section shall include the following.
- (1) Subscribers make the cancellation by following the cancellation procedure through My Page.
- (2) Subscribers indicate an intention of cancellation by contacting the Company by way of email, telephone, or other methods and such cancellation has been confirmed by the Company.
- 3. In the event that the Subscriber cancels before 7 (seven) days or more from the specified date of receiving Mobile Communication Devices, the Subscriber shall pay $50 as administrative charge. In the event that the Subscriber cancel on or less 7 (seven) days (including 7 (seven)), the Subscriber shall pay the half of the total amount of the order price (i.e. 50%) as cancellation fees.
- 4. In the event that the Subscriber does not appear to receive the Mobile Communication Devices on the receiving date designated by the Subscriber, the cancellation shall be considered as intended cancellation by the Subscriber. In the foregoing case, the Subscriber shall pay the full amount of the order price (i.e. 100%) as cancellation fees.
||Charge and Refund
|Notification of cancellation submitted before 7 days or more from the departure date or the specified date of receiving the Mobile Communication Devices
||Administrative charge $50
|Notification of cancellation submitted on or less 7 days from the departure date or the specified date of receiving the Mobile Communication Devices
||50% charge (50% refund)
|No show / No notice / No contact to the Company
||100% charge (No refund)
*If the half of the total amount of the order price is less than $50, we would refund the remaining amount after we deduct $50 as Administrative charge from the total amount of the order price.
Article 6: Changes in application information
- 1. Subscribers shall promptly notify the Company of their intention of making any change(s) in contract details including but not limited to the delivery address, destination of travel, travel period, the date of returning Mobile Communication Devices, and other application details.
- 2. If Subscribers return the Mobile Communication Devices prior to the scheduled day of return, such return shall be regarded as indication of intention in the above section.
- 3. Subject to the then current status of inventory and the availability of the Mobile Communication Devices, no change shall be accepted by the Company unless the change was made and notified to the Company at least 4 (four) days prior to the scheduled day of receipt of the Mobile Communication Devices.
- 4. In no event shall the Company be obliged to comply with the change procedure if such change and notification in Section 1 is indicated 3 (three) days before the planned day to receive Mobile Communication Devices or less.
Article 7: Contract Unit/Contract Period
- 1. The minimum contract unit required to be committed by Subscribers is on a daily basis, in accordance with Hong Kong time.
- 2. Subject to Sections 2 and 3 below, the contract period for both outbound (overseas) and inbound (domestic) Services shall be from the first day to the last day of contract (inclusive of both days). The first day and the last day for the period of billing of Usage Fees charged on a daily basis shall also be referred to the first day and the last day of contract, respectively.
- 3. For determining the first day of the contract period, the first day of contract in regard to outbound (overseas) Service shall be the day when Subscribers leave Hong Kong. The first day of contract in regard to (inbound) domestic Service shall be the day of receipt by Subscribers at the office of the Company, or the arrival day in the case of courier service. The arrival day shall be the day specified by Subscribers at the time of application
- 4. For determining the last day of the contract period, the last day of contract in regard to outbound (overseas) Service shall be the day when Subscribers arrive Hong Kong. However, provided that if Subscribers return the Mobile Communication Devices by shipping through courier service, the day of return shall be the last day of contract. The last day of contract in regard to inbound (domestic) Service shall be the day when Subscribers directly return the Mobile Communication Devices at the office of the Company or the day of shipping in the case of return by courier service. The day of shipping in the case of return by courier service shall be the day when the courier company receives the devices from Subscribers in Hong Kong.
- 5. In the case that Subscribers extend contract period after applying for Compensation Insurance, Subscribers shall pay the fees on the Compensation Insurance for the extended contract period.
Article 8: Cancellation
- 1. In the event that any one of the following arises, the Company may immediately cancel the contract without any notice and liability to Subscribers.
- (1) Any matters stipulated in Section 4 of Article 4 [Application] become applicable.
- (2) Any matters stipulated in Article 13 [Prohibited matters for Subscribers] become applicable.
- (3) Subscribers continue to use the Service after 7 (seven) days or more from the scheduled day of return after its expiry without notice to the Company.
- (4) Subscribers fail or neglect to pay Usage Fees or any fees.
- (5) Credit status for Subscribers deteriorates or in the opinion of the Company it is reasonable to foresee/presume such deterioration.
- (6) Any other actions of Subscribers which may considerably undermine the mutual trust between contracting parties.
- (7) Any material breach of the Terms and Individual Terms (if any).
- (8) Any bankruptcy proceeding, winding-up proceeding, appointment of receivership, dissolution or similar proceeding occurs in relation to Subscribers.
- 2. Subscribers acknowledge and agree that in the event of any matters referred to in the above section arises, the Company shall be entitled to charge Usage Fees by settling the same from the credit card number providing by Subscribers at the time of application, without any further need to obtain approval from Subscribers,.
Article 9: Payment method
- 1. Payment shall be made by any of the following methods unless otherwise agreed by the Company:
- (1) Credit card payment: Method to settle payment with a credit card.
- (2) Cash payment: Method to pay by cash when Subscribers receive Mobile Communication Devices.
- (3) Payment on invoice: Method to cut off at the end of every month and pay to the bank account of the Company by the last day of the following month.
- 2. In the case of usage by Individuals, only credit card payment or cash payment are accepted.
- 3. In the case that the Company settles credit card payment without the presence of Subscribers, the Company shall settle it in accordance with the payment information attained at the time of application without obtaining approval from Subscribers. Subscribers shall contact the Company promptly if they have any inquiries about Usage Fees of billing statements.
- 4. If Usage Fees cannot be settled with a credit card presented by Subscribers upon application and if payment is not received with other methods and there is a deposit by credit card under Article 4 [Application] Section 6, the Company shall be entitled apply the deposit to settle Usage Fees without any need for consent from Subscribers, and if the deposit is not sufficient to settle the same, the Company shall be entitled to demand Subscribers to make up for the deficit.
Article 10: Usage Fees and other costs
- 1. Usage Fees for the Service are set out separately at the website of the Company as well as application forms.
- 2. Subscribers shall pay and be solely responsible for any of the following costs in addition to Usage Fees stipulated in the above section.
- (1) Costs of bank remittance between Subscribers and the Company in settling invoice issued by the Company.
- (2) Costs of bank remittance between Subscribers and the Company for deposit payment requested by the Company.
- (3) Compensation for losses and damages requested by the Company in the case that Mobile Communication Devices are lost, stolen, damaged or broken (this provision may not be applicable if “Compensation Insurance” is subscribed.)
- (4) Late charges and fees at the rate of 2.5% per year on the unsettled amount until full payment thereof, in the event that any overdue payments are settled beyond payment due dates.
- 3. In addition to the Usage Fees, Subscribers shall pay and be solely responsible for the following costs in using the Service.
- (1) Relevant costs of Communications in the case that Subscribers use the Mobile Communication Devices after the contract is cancelled as stipulated in Article 8 [Cancellation].
- (2) Relevant costs of Communications in the case that Mobile Communication Devices are lost or stolen and illegally used by a third party (This stipulation is relevant even if the Company is notified as stipulated in Article 19 [Loss, theft, breakage, etc. of Mobile Communication Devices] and illegal use occurs by the time when the line is actually suspended.)
- (3) Relevant costs of Communications may incur in countries or regions not being informed to the Company at the time of application.
- (4) Costs of Communication that may incur while Subscribers fail to take notice or recognize due to reasons including but not limited to an application/operation in Mobile Communication Devices that is left running, key lock on Mobile Communication Devices is forgotten, automatic update of software or otherwise.
- (5) Costs of Communication that may incur for using the Mobile Communication Devices to receive incoming calls that are not expected by Subscribers.
- (6) Costs of Communication for multiple lines that may incur when using the Mobile Communication Devices for conference calls, etc.
- 4. Other items to be charged as Usage Fees are set out in the below table.
||Original Rental Fee, Battery Fee and
Insurance Fee /day
*After you received Order Confirmation, we will charge admin fee for any update order for your order.
|HK$50/ each change
|Pocket WiFi & Smartphone(Loss, Broken)
||Pocket WiFi HK$1,000
|Pocket WiFi HK$300
|Damages the Device
||Pocket WiFi HK$200
|Pocket WiFi Free
|Replacement Fee of Device
|Shipping Cost of Replacement Device
|Compensation for Loss, Damage of Each Accessories. (Pocket WiFi Case, USB Cable, Charger, Transformer)
|Portable Power Bank
Article 11: Prohibition to transfer rights and obligations
Subscribers shall not assign, transfer, or offer as collateral the rights and obligations arising in relation to application without the consent of the Company.
Article 12: Duty of care
Subscribers shall use the Service with utmost care.
Article 13: Prohibited matters for Subscribers
Subscribers shall not commit or cause to be committed any of the following when using the Service.
- (1) Criminal acts or acts that could lead to crimes.
- (2) Acts that are or could be offensive to public order and morals, or that breaches or could breach on other laws and ordinances.
- (3) Acts to disassemble, alter, repair, assign, lend, resell, change subscriber’s name of Mobile Communication Devices, pledge, or otherwise offer as collateral the Mobile Communication Devices.
- (4) Acts to list or indicate the numbers of Mobile Communication Devices on printed materials, etc. that become public.
- (5) Acts to remove the SIM from Mobile Communication Devices in the case of terminals for which the Company prohibits removal of the SIM.
- (6) Acts to change the PIN number on Mobile Communication Devices for which the Company establishes the PIN number.
- (7) Acts to use Mobile Communication Devices with a method other than methods specified by the Company or regular methods.
Article 14: Share of damages by Subscribers
- 1. Subscribers shall indemnify the Company for all such losses and damages suffered by the Company for any reasons attributable to the Subscribers in relation to the use of the Service.
- 2. In the case that Subscribers cause damages to any third party or disputes arise with any third party in connection with the use of the Service, Subscribers shall indemnify the Company for such losses and damages suffered by the Company and hold the Company harmless from any claims or actions from such third party and Subscribers shall resolve them at their own responsibility and expense, without having the Company liable thereto.
Article 15: Limitation in the scope of compensation by the Company
- 1. Subject to Article 16, in the event that Subscribers suffer any losses or damages due to reasons solely attributable to the Company, the Company’s aggregate liability for any direct loss, damage or injury or any failure by the Company to perform any obligation or observe any term of the Agreement shall in no event exceed the total amount of the Usage Fees paid by Subscribers for the Service. .
- 2. To the full extent permitted by law, under no circumstances shall Company be liable to Subscribers for any loss or profit, loss of expected benefit, loss of goodwill, or other indirect, special, punitive or consequential loss, damage or injury arising from the supply of the Service or any failure by the Company to perform any obligation or observe any term of the rental contract, whether or not the Company has been advised of the possibility of such loss, damage or injury.
Article 16: Disclaimer of responsibility by the Company in relation to problems with connection
- 1. The scope of responsibility of the Company in relation to problems with connection for Mobile Communication Devices in the Service (hereafter the “problems with connection”) shall be limited to problems deriving from failure of Mobile Communication Devices provided by the Company. In the case that problems with connection arise from any one of the following, the Company shall not be held responsible therefor.
- (1) Problems with connection deriving from mishandling or misuse of Mobile Communication Devices by Subscribers.
- (2) Problems with connection deriving from specification, operation, set-up, compatibility, etc. of Subscribers’ Devices.
- (3) Problems with connection attributable solely to the communication company, service provider, application provider, etc.
- (4) Problems with connection deriving from the influence of radio wave interference from the surrounding terrain, obstacles like buildings, radars, home electric appliances, etc. when Subscribers use Mobile Communication Devices.
- (5) Problems with connection deriving from force majeure and unforeseen events including natural disasters, riots, strike etc..
- (6) Problems with connection deriving from other reasons not attributable to the Company.
Article 17: Fair usage policy of data communication
Subscribers shall agree to observe and be bound by the following matters:
- (1) When a communication company within and outside of Hong Kong identifies a massive volume of data communication, the communication volume for the line may be limited without prior notice in order to maintain network quality and fair usage of radio waves. For this reason, Internet connection may be lost or the communication speed may decrease.
- (2) In the event of usage restriction to Mobile Communication Devices due to the reason in the above section, the Company shall bear no responsibility and the Subscribers shall pay the full amount of Usage Fees to the Company.
Article 18: Agreed matters relating to suspension of usage
If one of the following paragraphs is applicable, the Company may terminate, suspend, withdrawal or temporarily interrupt the Service without any liability to Subscribers. Subscribers further agree that regardless of any such termination, suspension, withdrawal or interruption, Subscribers shall still be liable for paying the full amount of Usage Fees corresponding to the period:
- (1) when any provisions stated in Article 8 [Cancellation] becomes applicable.
- (2) when any provisions stated in Article 13 [Prohibited matters for Subscribers] becomes applicable.
- (3) any other unavoidable cases due to technical reasons or for execution of the Company’s business.
Article 19: Loss, theft, breakage, etc. of Mobile Communication Devices
- 1. Subscribers shall fully indemnify and compensate the Company in the event that Mobile Communication Devices are lost, stolen or broken.
- 2. Subscribers shall notify the Company without delay in the case that Mobile Communication Devices are lost, stolen, damaged or broken.
- 3. In the case of loss and theft in the above section, the Company shall request the communication company to suspend the communication line relating to the Service without delay, after receiving the notification from Subscribers.
- 4. In the case of illegal usage by a third party prior to suspension of the line in the above section, Subscribers shall be solely responsible for the Usage Fees corresponding to the cost of Communications used.
Article 20: Compensation Insurance
Subscribers agree to observe and be bound by the following matters:
- (1) No subscription or cancellation of Compensation Insurance shall be made once Subscribers have received Mobile Communication Devices.
- (2) Compensation Insurance shall only be used to indemnify part of the compensation relating to loss, theft and breakdown of Mobile Communication Devices, and shall not be used to indemnify fees for Communication until suspension of the line as well as lost earnings, etc. by Subscribers due to loss, theft and breakdown.
- (3) When Compensation Insurance is subscribed and loss or theft of Mobile Communication Devices occurs, Subscribers shall submit a theft report certificate issued by a local police office or an equivalent document as evidence of such occurrence failing which Subscribers shall have no right ot make any claim therefor.
Article 21: Other agreed matters by Subscribers
Subscribers acknowledge and agree the following matters shall be the sole responsibility of Subscribers and further agree that the Company shall not be held responsible therefor.
- (1) If Subscribers use data roaming with Subscribers’ Devices while using the Service, Subscribers may be charged separately from the communication company for the data roaming that the Subscribers are using.
- (2) If Subscribers use Subscribers’ Devices for the Service, the Company shall make no guarantee in relation to any operations that may rely on specifications of the relevant devices as well as compatibility with the purpose of usage.
- (3) Mobile Communication Devices may not be delivered to Subscribers by the desired day of receipt due to delay in transportation by the courier company.
- (4) If it is necessary to know the PIN number established by the Company due to reasons including dial lock of the Mobile Communication Devices, Subscribers need to bring in the product to the Company.
Article 22: Governing law and jurisdiction
The Terms shall be governed by the laws of Hong Kong Special Administrative Region (the “HKSAR”) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the HKSAR.
Revised and enforced on September 26, 2016.
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