CTG MOBILE PLAN SERVICE TERMS
These Service Terms set out the service-specific terms and conditions applicable to the service (Service) to be provided by China Telecom Global Limited (“Company”) to the Customer (you) under the signed Order Form to which these Service Terms are attached (Order Form), and form part of this Agreement (as defined in the Master Service Agreement (MSA) or Mobile Services General Terms and Conditions (General Terms and Conditions), as applicable) for the Service.
Unless otherwise defined below, words and expressions in these Service Terms have the same meaning as set out in the MSA or General Terms and Conditions (as applicable).
The Order Form will specify which service and which options will apply.
These Service Terms are strictly limited to provision of the Service, and shall not apply in respect of any other service(s) that may be provided by the Company to the Customer under this Agreement.
In these Service Terms, in addition to the terms defined within these Service Terms unless the context otherwise indicates the following words have the following meanings:
The Company Network means the Network of the Company and its Affiliates;
Service Renewal Term means successive periods of one (1) month; and
Service Initial Term means the initial term of the Service as specified in the Order Form or, if not so specified on the Order Form, then an initial term of twelve (12) months.
1 Scope of Service
(a) The Service gives you:
(1) access to mobile network in the PRC;
(2) the ability to make and receive phone calls (not applicable to a data only plan);
(3) a mobile phone number;
(4) the ability to send and receive texts;
(5) the ability to send and receive data; and
(6) other value added mobile services, using The Company Network and Third Party Providers’ worldwide transmission Network (if applicable).
You hereby accept the service with the conditions and clauses stipulated in this agreement.
2 Application of Service
(a) Customers shall provide all information specified below for registration:
- Corporate customers shall provide the Company with real and valid original document of corporate registration and all the related documents required, together with the agent's valid and original identity document.
3 Information of Customers
3.1 Customer Informations:
(a) You shall provide the Company with real and valid information for applying for services and handling service-related affair(s). During the effective period of service, you shall be held responsible for informing the Company in any case of change(s) or modification in customer(s)' information.
(b) The Company shall be responsible for making customer(s)' information private and confidential. However, for the reason of communication with customers, improvement of services, the Company reserves the right of using any information of customers regarding this agreement.
(c) Passwords of customer are important information. Therefore, the initial password shall be changed by customers as soon as possible and shall keep the password secret and confidential. In case of any loss or theft of customer(s)' password, the customer shall immediately notify the Company or shall make changes as soon as possible. The Company shall not be held responsible for any loss caused by loss of password or theft due to customers reasons.
3.2 Accessing information
(a) Your ability to use and download information and use interactive applications depends on:
(1) the features and functionality of your handset or device; and
(2) the nature and quality of the information being accessed; and
(3) the nature of packet based transmission systems. Packet based transmission systems are used on our mobile networks. These systems are at times subject to congestion, delays and loss.
(b) Due to the factors set out above, although we will use reasonable care and skill in providing these services, we do not promise that your particular handset will always be able to access information on the Internet or elsewhere.
(c) You will only be able to access content using our networks if you meet all necessary pre-conditions set by the content provider.
(a) We will charge you for calls, services and use of data at the rates specified in the order form. There may be times due to the configuration of the network where calls or data usage from the previous month will not be included on the following month’s invoice, but will appear on a later invoice. You will still be liable for these charges once they are included on an invoice.
(b) After the temporary suspension period passes, you must reconnect your service to the pricing plan that your service was on before the temporary suspension period.
(c) Where you need a replacement SIM card, we will provide you with one at your cost.
(d) Once the term of the Services has expired, you can continue to use the Services on a month to month basis on the rates set out in the relevant Order Form. You may also negotiate with us to have another tariff apply to the continued use of the Services after the term.
(e) Customers have the right to voluntarily select any service offered and operated by the Company. Meanwhile, customers have the right to select voluntarily their device of accessing the telecom network.
(f) Customers shall obey all applicable laws, regulations, rules and other related articles when using telecom service.
(g) Any transfer of this agreement to a third party without the consent of the Company, regardless if it is partial or wholly, shall have no legal effectiveness to the Company.
(h) After the termination of this agreement, the Company reserves the right of retrieving the phone number offered to customers for service operation. The Company may re-distribute the number for other customer(s)' usage.
5 Charging Standard and Paying Method
(a) The Company charges customers in accordance with the fees set out in the Master Service Agreement or Mobile Services General Terms and Conditions and Order Form.
(b) By referring to the telecom service selected, customers shall settle charges on pre-paid or post-paid payment basis. Unless other specified, post-paid payment basis requires customer to pay month by month. Pre-paid payment basis requires a deposit of customer(s). In case there is insufficient balance in the account for settling the service charge incurred, a top-up shall be made promptly.
(c) The Company reserves the right to recall the charges from customers who fail to settle the telecom charges by the deadline. The Customer shall pay penalty interest according to clause 7.5 of the MSA to the Company.
(d) For any change made by the government concerning telecom charging standard, the new standard becomes effective in accordance with the time and date assigned by the government. For any change made by the Company concerning discount schemes, the new scheme become effective in accordance with the time and date mentioned in the discount schemes and the discount standard.
6 Service Quality and Customer Service
(a) The Company promises service of quality no lower than "Telecom Service Specification" shall be provided in the scope of network coverage.
(b) The Company announces telecom related service, service durations, service scope, charging standard, regulations of use, regulations of charge settlement and other information in business venues.
(c) The Company accepts service applications and service failure, offers consultation, enquiry and other services through "10000" customer service hotline, sales outlets and various other means.
(d) The Company shall be held responsible for providing testing and maintenance of the network operated. Customers shall be held responsible for the installation, testing and maintenance of the device that access the network operated by the Company.
(e) Any other service promises made by the Company through means other than notice and out of this agreement serve as a part of this agreement automatically, but any clause added out of this agreement which set up obligation or unreasonably increase the customers' responsibility are excluded.
7 Service Commencement and Term
(a) Each Service will commence on the Start Billing Date and, subject to earlier termination in accordance with this Agreement, will continue for the Service Initial Term.
(b) Unless a party gives notice to terminate the Service no less than thirty (30) days before the expiry of the Service Initial Term, the Service Initial Term will automatically renew for successive Service Renewal Terms until a party gives notice to terminate the Service no less than thirty (30) days prior to the expiry of any Service Renewal Term.
8 Suspension and termination of the agreement
(a) We will temporarily suspend your service (up to a maximum period of 28 consecutive days):
(1) if you ask us to; or
(2) you tell us that your phone is lost or stolen.
(b) In any situation(s) below, the Company may suspend part of or all of the service(s) as agreed in this agreement: the information provided by the customer is not real or is invalid; any installation made without the permission of network access, which may affect the network safety or may affect any facilities concerning the network service quality; without the completion of paperwork and procedure required, the customer changes the nature of telecom service without the consent of the Company; customer(s) of post-paid service fail to settle overdue noticed by the Company for 30 days; customer(s) of pre-paid service have the account balance of lower than CNY 0, or have the contract expired.
(c) If you terminate the Service before the end of the committed contract period, you will pay an early Termination Fee of an amount equal to 100% of the committed charges for the Services payable for the unexpired remainder of the then current Service Initial Term or Service Renewal Term (as the case may be).
(d) The parties agree that the Termination Fee has been calculated as, and is, a genuine pre-estimate of the loss likely to be suffered by the Company.
(e) Unless with otherwise-stated mutual consent, after customer's settlement of telecom charges and the related liquidated damages, service termination or account transfer can be applied, this agreement shall be terminated accordingly.
(f) The Company may terminate the service operating and this agreement in case of any situation below: customers using telecom service in guaranteed basis violate the guarantee terms and conditions or the guaranteed party is proved to be unable to perform the obligation with firm evidence.
(g) The Company may suspend or terminate the telecom service provided in case the customer is found to be violating the related laws, regulations and rules.
9 Distance-Based Charging And Time Zones
(a) Mobile phone calls are routed through the most suitable base station. At different times, the network may treat calls made from the same or similar locations as being made from within different mobile service areas.
(b) For the purpose of determining the time calls start, we treat calls as being made from the mobile service area of the chosen base station.
10 Voice, Data and Text usage
(a) Our data services give you wireless access to a range of information and data services including:
(b) Multi-Media Messaging Service (“MMS”);
(c) Circuit switched data access;
(d) CDMA and LTE data access if you connect with a compatible SIM; and
(e) any other data service as we determine from time to time.
(f) The data services will be charged on a ‘pay as you go’ basis and are payable monthly in arrears.
10.1 Content on information services
We are not responsible for the content of information services provided by third parties. We are under no obligation to monitor or censor the material generated by users of information services, although we may do so. You are responsible for all charges incurred when using third party services.
10.2 Conditions of use
(a) You must not use our Services to:
(1) commit an offence or allow anybody else to do so;
(2) breach any content requirement, regulation or code of practice of any relevant authority;
(3) make obscene, threatening or defamatory remarks, or incite hatred of people; or
(4) abuse, threaten or embarrass anyone.
(b) You must not post or transmit to an information service any material which you know or suspect may contain a virus or other harmful component.
(a) We determine whether you are a 2G, 3G or 4G customer based upon your handset information. Your data usage charges are determined by the details set out in the Order Form. Your data usage charges are not determined by the underlying network you are accessing at any particular time.
10.4 International roaming
If you use the Services while you are outside of the PRC, you will be charged standard international roaming data charges. The mobile networks of some international roaming parties may not support access to all of the Services content and features.
The Company shall provide the newest pricing info in the website: http://manyou.189.cn/index.html.
11.1 Resolving Disputes
(a) Any dispute(s) which is led by this agreement or related to this agreement should be resolved by consultation with the principle of mutual benefit basis. In case the consultation failed to turn into an agreement, customers may appeal to the telecom management department, consumer council or other related departments. Both parties may file the case to the Arbitration according to Clause 13 of the MSA or General Terms and Conditions.
(a) The service registration form serves as a part of this agreement. If the service registration form and this agreement conflict with each other, the service registration form shall apply and prevail.
(b) The Company reserves the right to make adjustment of the telecom function, operation method, phone number for the service and any other related conditions due to reasons such as the improvement in technology or the change in government policy.
(c) The Company may make service notice and service announcement through phone calls, radio broadcasts, SMS, TV broadcast, public posting, letter, newspaper, Internet or any other method.
(d) This agreement is valid in the day once after signed or sealed on the service registration form by the client and the customer or the appointed agent.
(e) The Company,the customer and mobile terminal provider must keep on copy of this Agreement and Order Form.
12 Reasonable use
12.1 What is the reasonable use policy?
(a) It is important to us that our customers can access our services. Because of this, you must follow our reasonable use policy as set out in this section.
(b) Our reasonable use policy is intended to ensure that our customers do not use the Services in an excessive, unreasonable or fraudulent manner or in connection with equipment that has not been approved by us. Such usage may impact the reliable operation of the network and/or the quality or reliability of the Services. Generally, legitimate use of the Services for their intended purposes will not breach the reasonable use policy .
(c) We can refer to this reasonable use policy where we reasonably consider that you have used the Services in a way that is excessive or unreasonable or in a commercial manner as set out below.
12.2 Commercial use
(a) The Services are intended for retail customers to use for their own personal and business usage, and are not to be used as wholesale services, and cannot be resold. Customers who use our services in their capacity as carriers or service providers must acquire services for such purposes under the appropriate agreement.
(b) You must not resell or commercially exploit any of our mobile services or SIM cards. You must not re-route call traffic in order to disguise the originating party or for the purposes of resale.
(c) You may not use our mobile services in your capacity as a carrier or service provider or as a party supplying services to a carrier or service provider.
(d) You can only use a SIM card that we provide you with handsets or other devices that have been approved by us for use on our networks.
12.3 Unreasonable use
You must not use any of Services in a way that is unreasonable. We consider it unreasonable where you use a Service fraudulently or in a manner that causes significant network congestion.
12.4 What we can do
(a) If we reasonably believe that you are in breach of this reasonable use policy , we can:
(1) cancel or limit your right to use a Service without telling you before we do so; and
(2) suspend or cancel your Services by telling you in writing 30 days before we do so.
(b) If we believe on reasonable grounds that you are in breach of this reasonable use policy, you must pay us the standard applicable retail rate calculated from the date of the breach. You must do so for all of the Services.