General Terms and Conditions Print
(Updated on 12 May, 2016) 



1.  Application

This document details the terms and conditions for the provision of Services by ec Telecom Limited. The Customer is deemed to have accepted the Conditions and the relevant Tariffs when applying for the Services.


2.  Definitions and Interpretation


Unless the context says otherwise:


"Application" means a request for Services made by the Customer which may be oral or written by completing a relevant ec service order form or equivalent document.


"CA" means the Communications Authority established by section 3 of the Communications Authority Ordinance (Cap. 616) or its successor.


"Conditions" means the terms and conditions in this document namely clauses 1 to 13 (both inclusive).


"Contract" means the agreement between the Customer and ec for the provision of Services comprising these Conditions, the Tariff, the Application accepted by ec and any changes as notified by ec.


"Customer" means any person, firm or entity



which has registered for a Service;



which has used ec's Services, but has not registered for that Service; or



in respect of which ec has agreed to provide Services pursuant to an Application.


"Directory Number" means the telephone number assigned to the Customer.


"ec" means ec Telecom Limited and includes any of its successors, transferees or assignees.


"Hong Kong" has the meaning ascribed to that term in the Interpretation and General Clauses Ordinance (Cap.1).


"Network" means the Telecommunications network used by ec for the provision of the Service(s).


"Ordinance" means the Telecommunications Ordinance (Cap.106) and includes any replacement of or amendment to it.


"PIN" means a Personal Identification Number.


"Services" or "Service" means any telecommunications services offered by ec to the Customer.


"Special Conditions" means the special terms and conditions (if any) set out in the Tariff which are applicable to the Services.


"Tariff" in respect of a Service means the description of the Service, the charges and any Special Conditions relating to the Service as may be amended and published by ec from time to time.


"ec's Standard Business Hours" means 9:00 am to 6:00 pm Monday to Friday excluding gazetted public holidays in Hong Kong.





Unless the context says otherwise:



Capitalised terms not defined herein will have the meanings ascribed to them in the Ordinance.



A reference to a clause is a reference to a clause of these Conditions.



Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.



The singular includes the plural and conversely.



Headings to clauses are used for convenience of reference only and do not form a part of the clauses.



If there is a conflict between the Conditions and the Tariff (excluding the Special Conditions) the Conditions will prevail to the extent of the conflict. If there is a conflict between the Conditions and the Special Conditions then the Special Conditions will prevail to the extent of the conflict.



Any correspondence which is required to be given in writing can be given by prepaid post or facsimile transmission.



All charges in the Tariff are in Hong Kong dollars.



A reference to a "day" refers to a calendar day.    


3.  Provision of Services


ec will provide the Services subject to these Conditions, the Tariff, any applicable codes of practice adopted by ec and any policies or user guides issued and revised by ec from time to time.


Where ec has accepted an Application from the Customer, ec will endeavour to provide the Services requested by the Customer within a reasonable time or a time agreed with the Customer.


ec does not guarantee continuous provision of or fault free Services.  In the event of a fault arising in the operation of the Service, the Customer shall immediately notify ec. ec will determine the appropriate methods for providing the Services and the route along which a Service is delivered to the Customer.  ec may change the method and delivery route from time to time without informing the Customer.


The provision of a Service to the Customer is subject to the Customer providing such information as may be reasonably requested by ec and which meet ec's credit policy requirements.


4.  Use of Service


The Customer shall use the Services in accordance with these Conditions, the Tariffs and any other terms and conditions as may be notified by ec from time to time.


Subject to the Contract and clause 4.3 below, the Customer may allow any person to use a Service provided to the Customer by ec provided that the Customer will remain liable to ec for all charges incurred thereby and for any and all liabilities or obligations arising under the Contract. The Customer shall be liable for all charges incurred through the use of the Service whether such charges were incurred with or without the consent of the Customer.


The Customer must not use or permit another person to use, a Service provided by ec:



in connection with, or in, the commission of an offence against the laws of Hong Kong;



for the purposes of carrying on a business of providing telecommunications services, unless otherwise agreed by ec in writing;



which infringes any rights (including intellectual property rights) of any third party;



for the purpose of sending unsolicited advertising material or message;



which interferes with, impedes or impairs the use or operation of, or do anything likely to interfere with, impede or impair the use or operation of Services provided by ec; or



for purposes not authorised by ec.


The Customer shall indemnify and hold ec, its employees and agents against all claims or any losses or damages which ec suffers or incurs as a result of:



any acts or omissions (whether or not negligent) of the Customer or any third party;



any claims by any person relating to the supply of the Service or its use by the Customer or any other person or any delay or failure to provide the Service;



a breach by the Customer of the Contract;



any unauthorised activity by the Customer or any third party to whom a Service is provided; and



any claims by any person or liability of ec under any applicable law in relation to the supply of the Service including any claims for infringement of any intellectual property rights or any claims arising out of or relating to the use of the Service to carry material of obscene, indecent or defamatory nature,


other than to the extent that the losses or damages is contributed by ec.


5.  Numbers


ec may allocate a Directory Number and/or PIN to the Customer and may withdraw or vary the numbers so allocated at any time. Upon termination or cancellation of the provision of the Service by ec to the Customer in accordance with the Contract and unless otherwise determined by ec, the Directory Number allocated to the Customer in connection with the use of the Service shall automatically be relinquished and ec may reallocate such number to another Customer.


The Customer is responsible for the security of any unpublished Directory Number and PIN.  ec will not be liable for any loss or damage sustained by a Customer by reason of any disclosure of an unpublished Directory Number and PIN even if such disclosure was the result of negligent act or omission of ec.


The Customer acknowledges that the Directory Number are governed by numbering plans and guidelines issued by the CA and that the Customer has no title, goodwill or interest in any Directory Number.


The Customer acknowledges that ec may impose a subscriber number fee or any other related or similar fees in addition to the charges for the Services.


6.  Charges for Services and Payments


All charges for Services will be as specified in the Tariff unless otherwise agreed in writing by ec. ec reserves the right to amend any charges in the Tariff. ec may not necessarily inform the Customer prior to effecting any changes to the Tariff.


The Customer shall pay ec the full amount of the charges as specified in the statement from ec for Services which ec provides to the Customer pursuant to the Contract without deduction or set-off. All charges for the Services are exclusive of any applicable taxes, withholdings of any kind, surcharges, duties or other similar charges assessed or imposed by any competent governmental authority on, or in relation to, the provision of the Service under the Contract ("Taxes"). In addition to all other charges and amounts payable under the Contract, the Customer shall pay and be solely responsible for any and all Taxes. The Customer is not entitled in any event to deduct any Taxes from the charges payable to ec.


Charges for a Service are payable from the date when the Service is ready for operation or connected except for charges which are based on usage. All periodical and rental charges are payable in advance.


Charges payable based on usage of a Service will be calculated, except where ec otherwise determines, by reference to the details of such usage as are recorded by ec.


Customer may incur additional service charges when using the Services. Where the telecommunications services of a third party is accessed by a person using the Service, ec may require the Customer to pay the charges relating to the telecommunications services of that third party to ec.


Unless otherwise stated by ec, statements for charges payable will be rendered through electronic means in accordance with ec's normal billing cycle for the type of Service provided. A hard copy of the statement will be available upon request subject to charges. Any such charges are due and payable by the Customer to ec by the date or within the time specified in the relevant statement from ec. Statements for Taxes payable by the Customer will be rendered by ec from time to time upon its receipt of request or notice from the competent governmental authority. Charges for Taxes are due and payable by the Customer either to ec or directly to the relevant governmental authority (as specified by ec in the relevant statement) by the date or within the time specified in the relevant statement from ec. The Customer shall be solely responsible for any late payment interest or penalty charges imposed by the relevant governmental authority in the event that it fails to make payment on or before the payment due date as specified in the relevant statement.


If the Customer has paid an amount of charges in advance and that the amount is less than the amount of charges payable for that period (including the effect of variation to charges during a period), the Customer shall pay to ec for the difference between the amount paid in advance and the amount of charges so payable.


Notwithstanding the foregoing ec may at any time issue an interim statement for charges due at the date of issue requiring payment of those charges immediately or within a specified period, and on issue of such an interim statement or demand, those charges are so due and payable by the Customer to ec.


Payment by cheque will be deemed to be unpaid until the cheque has been cleared and the Customer will be liable to ec for any bank fees incurred by ec relating to a dishonoured cheque.


Where any amount due by the Customer to ec in respect of charges payable remains unpaid on the date on which it is due, without prejudicing any other remedies available to ec, all charges incurred under the Customer's account(s) with ec shall become due immediately and payable by the Customer on demand and ec shall have the right to suspend all other services subscribed under the Customer’s account(s). The Customer shall be liable to pay ec interest on any amount which is payable to ec and remains unpaid at the rate equivalent to the prime rate of interest charged on overdrafts by The Hong Kong and Shanghai Banking Corporation Limited plus 2% for the period during which the payment is overdue.


The Customer will continue to be responsible for all charges incurred between the time of suspension or request for cancellation of a Service and the actual cancellation of provision of the Service.


Where the charges payable in any account rendered does not amount to a multiple of 10 cents, the charges will be rounded down to the nearest 10 cents and any odd cents will be carried forward to the next statement.


If there is any dispute relating to the charges for Services, the records of ec will be conclusive evidence of the charges payable by the Customer. If there is any dispute the Customer must raise such dispute with ec within 15 days of receipt of a statement from ec.


The Customer shall pay for all charges for Services incurred prior to the date of disconnection or suspension of Service on or before the payment due date set out in the relevant statement of account from ec.


Unless otherwise agreed between the Customer and ec, ec will provide consolidated account for all Services provided by ec and charges under consolidated account will be collected by ec using one of the payment methods chosen by the Customer.


7.  Security for Payment of Charges


At any time before or during the provision of a Service, ec may require the Customer or the applicant for the Service, as the case may be:



to provide a security deposit for charges incurred or will be incurred in relation to the Service; or



to pay in advance the whole or part of the charges which will be or may be estimated to be incurred in relation to the Service.


The receipt by ec of such a security or advance payment will in no way relieve the Customer from compliance with the Contract as to payment of periodical charges in advance, nor constitute a waiver or modification of the terms and conditions of the Contract for the suspension or cancellation of a Service for non-payment of any charges.


If the Customer has provided security or paid charges in advance, the Customer is entitled on cancellation or termination of the Service to the release or refund of any security or any advance not required to cover charges outstanding at the time of cancellation or termination.


Notwithstanding anything herein contained, security or advance payment made by the Customer is not risk free and in the unlikely event that ec goes into liquidation, there is no guarantee that Customer will receive the security or advance payment back. In the unlikely event of liquidation, the rights for the Customer to get refund of the security or advance payment will be subject to the relevant laws and regulations governing liquidation of companies in Hong Kong.


8. Cancellation, Change or Deferment of Application 

After an Application has been made and before a Service is provided the Customer may cancel, change or defer the Application by notice to ec in writing. Where the Customer cancels, changes or defers an Application prior to the provision of a Service and ec has done preparatory work or incurred expenditure to meet the Customer's initial requirements, the Customer will pay to ec as appropriate, a cancellation fee (if any) specified in the Tariff, a fair and reasonable amount for the work done, any expenses incurred and loss or damage sustained by ec directly as a result of the cancellation, change or deferment.


9. Suspension or Withdrawal of Service

ec may suspend or restrict a Service at any time without notice for any period as it sees fit without being liable to the Customer or any third party for any loss or damage whatsoever resulting from or in connection with the suspension or restriction of the Service:


in an emergency or whenever ec considers it necessary or reasonable in order to safeguard provision of Services to emergency and other essential services;


while payment of charges for the Services is overdue; 


if in the reasonable opinion of ec there is, has been or may be unauthorised or fraudulent use of the Service;


if the Customer becomes bankrupt or insolvent or enters into a scheme of arrangement or composition with the Customer's creditors or, being a company, is placed in receivership or under official management or has a provisional liquidator appointed;


if the Customer is in material breach of any term or condition under the Contract;


if in the reasonable opinion of ec the use of the Service by the Customer is causing or may potentially cause damage or any interference to the Network or inconvenience to other Customers of ec;


to carry out routine maintenance to the Network;


if the Customer has incurred charges for the Service which has exceeded the credit limit allowable by ec irrespective of whether such credit limit has been communicated to the Customer; or


if ec is obliged to comply with a direction or request of the CA or other competent government authority.     


10.  Termination of Service


ec may terminate the provision of a Service to a Customer without necessarily informing the Customer:



following the removal of such Service from its Tariff;



 following the suspension of the Service to the Customer;



if the Customer becomes bankrupt or insolvent or enters into a scheme of arrangement or composition with the Customer's creditors or, being a company, is placed in receivership or under official management or has a provisional liquidator appointed;



if the Customer being a natural person dies;



if, whether or not the Service has already been suspended under clause 9, payment of an account, or provision of security for the Service is overdue;



if ec is refused entry or for any other reason is unable to enter any premises to install, inspect, repair or change the Equipment or other equipment used in connection with the Services;



if ec has given written notice to the Customer that there is a fault in the operation of the Services which is caused by a defect in facility which is provided by the Customer and which ec has not contracted to maintain and the defect is not corrected by the Customer after expiration of the time specified in ec's notice; or



 if the Customer is in material breach of any term or condition of the Contract for the Service or other Services.   


Unless otherwise specified in the Tariff or as notified by ec subscription for the Services must be at least for the period set forth in the Application (“Commitment Period”). Upon the expiry of the Commitment Period, the subscription will continue on a month-to-month basis and ec will inform the Customer of the charges for the Services no less than 30 days before the expiry of the Commitment Period. The Customer may terminate a Service by giving ec not less than 30 days’ notice in advance and the Service, together with all other value-added services will be terminated effective from the next billing cycle after the expiry of the 30-day notice period or Commitment Period whichever is the later. Any notice of termination, to be effective must be given in the prescribed form and shall not be served earlier than the last 2 months of the Commitment Period. If the Customer terminates the Service before expiration of the Commitment Period, ec has the right to charge the Customer termination charges as set out in the applicable Tariff or the Application, or an amount equivalent to charges payable for that Service during the Commitment Period, as the case may be. For the purpose of the Commitment Period, such period shall exclude any period of time during which free rental has been provided.


Where provision of a Service has been terminated under clause 10.1 or clause 10.2:



the reconnection of the Services will be subject to the appropriate connection charge specified in the Tariff; and



ec may recover against the Customer in any court of competent jurisdiction any charges due and payable by the Customer which remains unpaid following the due date for payment. Without limiting the foregoing the Customer will be liable for all legal costs (including solicitor and client costs) and all other reasonable expenses incurred in recovering any or all of the charges due and payable to ec.


Notwithstanding the foregoing ec may terminate the provision of the Service to the Customer with not less than 30 days written notice without any liability to the Customer.


11.  Customer Information


Please refer to ec’s Personal Data Statement as published on its website. ec may request such information (including personal information) from the Customer ("Information") in connection with the provision of the Service.  The Customer may decline to provide such information requested by ec, in which event ec may decline to provide the Services to the Customer.


ec may use and/or disclose Information for the purpose of:


(a) provisioning Services to the Customer and enforcing ec’s rights in connection with the provisioning of Services to the Customer; (b) the publication of any directory listing (unless the Customer has opted to be unlisted); (c) credit checks; (d) debt collection; (e) market research; (f) prevention or detection of crime; (g) disclosure as required by law or a government authority; (h) provisioning of emergency services; and (i) any other purposes as may be agreed between a Customer and ec. Further, ec may disclose the Customer’s personal data to its suppliers/ contractors/ agents/ other network operators in connection with any of the purposes referred to in the foregoing. In these circumstances these third parties can make no use of the Customer’s personal data other than for the purpose for which it was provided. With the Customer’s consent, ec may use the Information for direct marketing of products or offers of ec related to the products or services subscribed.


The Customer may request for a record of the Information kept by ec and request ec to correct such Information. Such requests shall be made in writing and any requests by the Customer for changes to the Information shall be supported by relevant documentation. ec may impose a charge to cover the costs of complying with such requests.


The Customer must notify ec promptly of any change of address or any particulars provided to ec which may affect the provision of Services to the Customer.


Notwithstanding the foregoing the Customer shall be deemed to have consented to its Information being included in a directory (in whatever medium) published by ec, and/or being disclosed to a third party through any telephonic directory enquiry service, unless the Customer advises ec in writing otherwise.


In circumstances where ec has obtained from a Customer Information concerning payment instructions for charges due on the Customer's account, ec may use the said Information to collect all payments due on the Customer's account for all Services subscribed to by the Customer, including those Services subscribed to by the Customer after the provision of the said Information by the Customer to ec.


12. Exclusions and Limitation of Liability


To the extent allowed by law, the liability of ec whether arising from a breach of contract or negligence on the part of ec or the employees or agents or contractors or suppliers (including suppliers of the Services or parts of the Services) of ec will be limited to:



the supply or resupply of the Services, as the case may be, unless otherwise provided in the Tariff; and



in the case of personal injury to or death of any person - unlimited. 


Notwithstanding clause 12.1, under no circumstances will ec its employees, agents or contractors or suppliers (including suppliers of the Services or parts of the Services) be liable in any way whatsoever to the Customer or any other person for any special, indirect or consequential loss or damage, loss of profit, business, revenue, goodwill, use of data or anticipated savings.


Each limitation or exclusion in this clause 12 is to be construed as a separate limitation or exclusion applying and surviving even if for any reason any of the provisions is held inapplicable in any circumstances.


ec will not be liable to the Customer or any person claiming through the Customer for any defaults caused by an event beyond the reasonable control of ec.


Notwithstanding the foregoing ec will not be responsible to the Customer or any person for any repair required for any fault in the Service due to natural disaster; misuse or unauthorised use of Services by the Customer or any third party; the Customer's provided equipment; or abnormal environment conditions.


13. General Provisions


The Contract represents the entire understanding between ec and the Customer relating to the Services and there are no promises, terms, conditions or obligation, oral or written, expressed or implied, other than those contained in the Contract.


Each of the provisions of the Conditions is severable and distinct from the others and, if one or more of such provisions is or becomes illegal, invalid or unenforceable, the remaining provisions will not be affected in any way.


The Contract and the transactions contemplated by the Contract are governed by the law in force in Hong Kong and each party submits to the exclusive jurisdiction of the Courts of Hong Kong and courts of appeal from them for determining any dispute concerning the Contract and the transactions contemplated by the Contract. 


A copy of the Conditions and the Tariffs may be inspected at ec’s principal business premises or provided to Customer on request at a fee.


Any statements, notices or communication by ec to the Customer shall be sufficiently given to the Customer if addressed to the Customer at the address notified to ec by the Customer, by post or facsimile transmission and shall be deemed to have been given and received on the day on which such communication ought to have been received in the ordinary course of such transmission or delivery.


The Customer shall not assign or transfer any or all of its rights and obligation under the Contract to any third party. ec may at any time assign or transfer any or all of its rights and obligations under the Contract to any person without the Customer’s agreement.


No delay, neglect or forbearance on the part of ec in enforcing against the Customer any term or condition of the Contract shall either be or be deemed to be a waiver or in any way prejudice any right of ec under the Contract.


Cancellation or termination of a Service or the Contract does not operate as a waiver of any breach by a party of any of its provisions and is without prejudice to any rights, liabilities or obligations of any party which have accrued up to the date of termination, including without limitation an obligation to pay any accrued charges.


These Conditions may be amended from time to time by ec. Such amendments shall become effective when published, advertised or notified to the Customer by such means as ec thinks fit and shall be binding on the Customer if the Customer continues to use any of the Services after the effective date thereof. For the most up-to-date version of these Conditions, the Customer may access ec's official website


14.  Third Party Rights

The Contracts (Rights of Third Parties) Ordinance (Cap.623) shall not apply to these Conditions. For clarity, a person who is not a party to these Conditions shall have no right to enforce these Conditions.