Terms & Conditions

These are the terms and conditions on which One.Tel Limited ("One.Tel") will provide any service (such as long distance telecommunications services) ("Services") to the Subscriber ("You") and constitutes a Contract between you and One.Tel as if signed by each party. By using One.Tel's services, you agree to be bound by the following terms and conditions:

1. CHARGES

1.1 Subject to clause 1.2, One.Tel may vary these terms by giving notice to you. You agree that if you continue to use the Services or pay any amount in relation to the Services after you have received that notice, you are bound by these terms and conditions as varied.

1.2 One.Tel may vary any charges or rates at any time without prior notice to you. One.Tel will bill you for Services in accordance with relevant terms, tariffs, rates and other charges applying at the time the Services are used.

2. PERSONAL DATA PRIVACY POLICY ("PDPP")

2.1 You agree and authorise One.Tel to disclose your personal data to any regulatory authority, to any of One.Tel's agents in Hong Kong (including debt recovery agents) and to One.Tel's related companies.

2.2 One.Tel's related purposes in holding your personal data is for:
(a) (a) considering or applying One.Tel's credit policy to your application;
(b) ongoing credit management of your account, including collection of overdue payments;
(c) direct marketing.

2.3 Where you are in default of a payment to One.Tel, you agree that One.Tel or its agents may utilise information collected and recorded by One.Tel in relation to your account to assist One.Tel in the process of debt recovery.

2.4 The PDPP provides you with the right to ascertain whether One.Tel holds data relating to you, to obtain a copy of that data and to correct any inaccurate data. Request for access and corrections should be addressed to:
Data Protection Officer, One.Tel Limited
P.O. Box 10188 General Post Office Hong Kong
Ph: 2907 6000
Fx: 2907 6629

3. SERVICES

3.1 Services are made available to you on condition that you do not resupply or resell or otherwise make Services available to any person other than you or persons authorised by you, and that you do not use the Services in any way or for any purpose prohibited by law.

3.2 You agree to indemnify One.Tel against any claims resulting from use of the Services provided to you whether engaged in by you or any other person.

3.3 You must keep confidential all passwords you have nominated to be connected with the Services. You agree that One.Tel will disclose any information in connection with your accounts to anyone who correctly quotes your password.

3.4 Should you not wish to receive information about our Services in any form, you should inform us by writing to our Data Protection Officer.

4. HOME OR AWAY SERVICE AND OTHER CHARGES (ADMINISTRATIVE OR OTHERWISE)

4.1 Should you wish to use One.Tel Home or Away Calling Card you may incur additional charges from the service provider of the phone you are calling from, (e.g. public phone, mobile phone, hotel phone).

4.2 All usage of the Home or Away Calling Card will be billed to the One.Tel account holder in accordance with these terms and conditions.

4.3 The One.Tel account holder will be liable for all Home or Away Calling Card charges and any other fees/charges incurred or charged to One.Tel arising from the use of such telephone services or payment of One.Tel's charges through nominated agencies.

4.4 Rates are set out in the One.Tel rate sheet and are subject to change.

5. CREDIT LIMIT

5.1 One.Tel may impose a credit limit on your account and/or require payment of a security deposit or interim payment, at its sole discretion and at any time. One.Tel may at any time apply your security deposit to meet any cost, loss or liability incurred as a result of your failure to comply with these terms or to pay any amount owed by you to One.Tel or its related bodies corporate. One.Tel may suspend the provision of the Services until you comply with this clause.

6. LIMITATION OF LIABILITY

6.1 One.Tel does not warrant availability of the Services at all times or commencing the supply of Services at a certain time.

6.2 One.Tel will make reasonable efforts to start providing the Services on the date as requested by you but shall not be liable to you or any third party for any costs, loss, liability, contribution, damages, consequential, indirect or economic loss whether caused by One.Tel's or its agent's negligence arising from any failure, interruption or deficiency of Services or facilities provided under this Contract.

6.3 One.Tel's liability for any interruption, delay, error or defect in transmission, equipment or the Services provided under this Contract shall be limited to an amount equivalent to the One.Tel charges incurred by you for the period of Services during which such circumstances occurred.

6.4 You must notify One.Tel promptly in writing of any changes of your employment, office or home address and registered telephone number.

6.5 If you are absent from Hong Kong for more than one month, you shall provide written notice to One.Tel with instructions for settlement of all accrued amounts due for the Services before your departure from Hong Kong.

7. PAYMENT FOR SERVICES

7.1 One.Tel will use its best endeavours to bill you for your use of the Services within 180 days of use of the Services. Accordingly, bills for Services will generally be issued monthly. One.Tel may vary billing frequency at any time without prior notice to you. You must pay any bill by its due date.

7.2 You agree that One.Tel's records are conclusive evidence of your use of the Services and the charges payable. The handling charge for verifying call record detail is HK$30 per transaction and will be added to your next bill if such process of verification is requested by you and it is proven that the subject call was billed correctly.

7.3 You may elect to have your bills paid by way of a direct debit from an account held by you at an approved financial institution or direct debit from a valid credit card nominated by you. If a direct debit is dishonoured, One.Tel may impose a fee of HK$30 per the month in which the direct debit is dishonoured. One.Tel may also impose administrative charges in respect to payment collection and issue of refund cheque. The fees will be added to your next bill.

7.4 One.Tel may charge interest on any amounts not paid by you when due and such interest may be accrued until the date of payment. The interest will be calculated at a prime rate equivalent to the rate charged from time to time by the Hong Kong and Shanghai Bank or interest rate of 1.5% per month or 18% per annum. At its sole discretion and in addition to the interest mentioned in this clause, One.Tel may charge a late payment fee of HK$30 on all outstanding amounts or suspend or disconnect your Services until payment is made by you. Should the Services be disconnected or suspended, you will be charged a reconnection fee in the event that you require the Services to be reconnected. Should you opt to pay your bills through an agency and a handling fee is charged to One.Tel by that agency the said charge will be added to your bill.

7.5 One.Tel will have the right to recover from you any costs incurred in respect of legal or debt collection agency services which we may incur to collect any sums which are outstanding from time to time.

8. YOUR LIABILITY

8.1 You and any person signing the application form on your behalf shall personally guarantee the payment in full for the Services and any late payment charges, including all other charges, legal costs and other costs incurred by One.Tel or its agents due to late payment or other defaults in payment by you.

8.2 You shall be responsible for all authorised and unauthorised calls placed through any direct connection facility used by you.

8.3 You will at all times comply fully with all legal and regulatory requirements applicable to use of the Services. If a call is placed which does not comply with such requirements, One.Tel may block the call and/or charge you for the call at One.Tel's current applicable rate.

9. SUSPENSION/DISCONNECTION OF SERVICES

9.1 One.Tel may suspend and/or disconnect your Services (at One.Tel's discretion) without prior notice included but not limited to any one of the following reasons:
(a) if you breach any of these terms and conditions or any term or condition of any other Contract with One.Tel or its related body corporates;
(b) if One.Tel is unable, for any reason including any act or omission of any provider, to (where relevant) supply or provide Services;
(c) if One.Tel is unable to contact you at your notified address;
(d) if you do not pay any One.Tel bill by the due date;
(e) if One.Tel forms a view, based on information supplied by you or any credit agency or credit provider, that you may not be willing or able to meet obligations in relation to payment for Services;
(f) if you or in One.Tel's reasonable opinion abuse the services One.Tel provided to you;
(g) if you become or in One.Tel's reasonable opinion likely to become insolvent;
(h) if you die or commit an act of bankruptcy or in the case of a partnership, on dissolution or filing of an application for dissolution, or in the case of a company, on filing of an application for winding up, or appointment of an administrator; or if any information provided by you is in One.Tel's opinion, incorrect.

10. ALTERNATIVE PROVIDER OF SERVICES

10.1 One.Tel may obtain an alternative provider to provide the Services to you. You agree to assignment of One.Tel's rights under this Contract to that alternative provider.

11. GOVERNING LAWS

11.1 These terms are governed by the laws of the Hong Kong Special Administrative Region.

11.2 Except as noted in clause 1 above, these terms are the entire Contract between you and One.Tel in relation to the Services. All other representations and warranties are excluded unless contained herein.

12. DISPUTES

12.1 In case of disputes over long distance call duration or any call transaction, the decision of One.Tel based on call records of One.Tel, its carriers and its network providers shall be final and binding upon you.

12.2 Any invalid, unenforceable, or illegal terms will not affect enforceability of any other of these terms.

13. FORCE MAJEURE

13.1 One.Tel shall be relieved of performance of its obligations under this Contract to the extent that the performance of its obligations shall be prevented or interfered with by reason of Force Majeure or other Act of God not within the reasonable control of One.Tel.

14. ASSIGNMENT OF RIGHTS

14.1 This Contract shall not be assigned or transferred by you to another party without the written approval of One.Tel.

15. LANGUAGE OF THE CONTRACT

15.1 All documents shall be prepared in English or Chinese or both and where it is in Chinese or both, the English version shall prevail.

16. NOTICE

16.1 All notices required or given by you in association with the Contract shall be given in writing, sent by registered mail, with return receipt requested.

16.2 All notices required or given by One.Tel in association with the Contract may be given in writing and sent by registered or unregistered mail or email to your registered address with One.Tel.

T&C200611(OT)