Table of contents. - International Private Leased Circuit (IPLC) Service. - International Private Leased Circuit (IPLC) Service

Transcription

1 Table of contents - International Private Leased Circuit (IPLC) Service - International Private Leased Circuit (IPLC) Service Service Level Guarantee Program - Internet Protocol Virtual Private Network (IPVPN) Service

2 Gazette No. 37/2005 Published on 16 Sep 2005 FIXED TELECOMMUNICATIONS NETWORK SERVICES LICENCE TELECOMMUNICATIONS ORDINANCE (Chapter 106) Hong Kong Broadband Network Limited ( HKBN ) hereby publishes the following revision to its existing tariffs, terms and conditions to its Fixed Telecommunication Network Services Licence with immediate effect. Service International Private Leased Circuit Service ( the Service) Description Provision of a dedicated transmission circuit between HKBN s designated termination point and the effective mid-point between the HKBN s Network and the international facilities provided by far end operator(s) for international network and the service shall only be available for selected corporate customers ( Subscriber ) within selected location as specified by HKBN. Country Bandwidth Monthly Rental Charges (HK$) Installation/Reconfiguration/ Relocation on Charge (HK$) per order USA 128Kbps 42,000 20, Kbps 71,000 20, Kbps 120,000 20,000 T1 260,000 20,000 E1 310,000 20,000 DS3 882,000 20,000 STM1 1,323,000 20,000 Other than USA 128Kbps 26,000 20, Kbps 43,000 20, Kbps 68,000 20,000 T1 150,000 20,000 E1 170,000 20,000 DS3 520,000 20,000 STM1 778,000 20,000 Special Terms and Conditions of HKBN IPLC Service: 1. Subscriber acknowledges that the Service will only be made available with the use of routers or other applicable accessing devices as designated by HKBN from time to time ( Equipment ). If Subscriber selects to use the Service with the Equipment, Subscriber agrees to be bound by these Terms and Conditions herein in relation to the Equipment. 2. Subscriber agrees to bear any extra charges incurred due to the Equipment re-configuration and relocation. 3. HKBN shall have the final right to determine the activation date of the Service ( Service Activation Date ) and HKBN shall notify Subscriber the same as soon as practicable. 4. Subscriber shall subscribe the Service for a minimum contract period as stated hereinabove ( Minimum Contract Period ) commenced from the Service Activation Date at the above Monthly Service Fee. 5. Prepayment shall be rebated during the Minimum Contract Period subject to these Terms and Conditions.

3 6. In case where any Equipment is required to install in the common area or outside the Subscriber s premises for the provision of the Service, HKBN shall use its best commercial effort to obtain all necessary approval and consent for such work and then to install such Equipment; and Subscriber shall pay HKBN the Building Management Cost as stated in this Subscription Form reimbursing any costs and expenses incurred by HKBN arising from the above work. 7. In case where additional Equipment is required to lease and/or install for the provision of the Service during the Minimum Contract Period, Subscriber agrees to pay HKBN such monthly rentals for the Equipment and/or Building Management Cost as reasonably determined by HKBN. 8. If the Service is terminated for whatever reasons during the Minimum Contract Period, Subscriber shall be liable for the liquidated damages payable to HKBN in a sum equivalent to the aggregate Monthly Service Fees for the unexpired period of the Minimum Contract Period. 9. Subject to Clause 12 hereinabove, should the Subscriber terminate the Service, Subscriber shall give a written notice to HKBN at least 60 days prior to its effective date of termination ( Service Termination Date ). 10. Subscriber shall return any leased Equipment in good working condition to HKBN within 30 days from the Service Termination Date, failure of which HKBN shall be entitled to charge the Subscriber for the cost of the Equipment. 11. Subscriber warrants and undertakes that Subscriber will not use the Service to infringe any copyrights or intellectual property rights, or to copy, reproduce, distribute, publish or otherwise transmit or linking to content, information or material whatsoever that is unlawful, harassing, abusive, threatening, harmful, obscene, tortuous, libellous, offensive, defamatory, invasive of another s privacy, or otherwise objectionable, or that threatens physical harm to any other Subscribers, persons, groups, HKBN, third party service provider or Subscriber itself. 12. The Subscriber shall indemnify and keep indemnified HKBN from and against any and all acts, claims, losses, damages and expenses arising out of the Subscriber s use of the Service or the Subscriber s breach of these Terms and Conditions. 13. Subscriber acknowledges that the Service and the Service connection is provided by HKBN and a third party service provider, such that the content, manner and the provision of the Service shall be affected by and subject to the agreement/ arrangement made between HKBN and the relevant third party service provider from time to time. 14. Subscriber agrees to provide its information to HKBN and the relevant third party service provider for the provision of the Service. Subscriber further authorizes HKBN to forward, on its behalf, all its information provided to HKBN from time to time to that third party service provider. 15. HKBN reserves the final right to alter the charges, the service level, any of these terms and conditions herein, introduce new rules for the use of the Service upon 7 days prior notice to the Subscriber, and the same shall take effect 7 days after HKBN has made the announcement on its homepage. HKBN reserves the right to change, delay, terminate, suspend or cancel the operation and/or provision of the Service in part or in full from time to time and no prior notice or reasons therefore shall be provided. 16. HKBN reserves the right, without the consent of Subscriber, to monitor or delete any information or files transmitted or distributed whatsoever through the use of the Service and to alter, delay, terminate, suspend or terminate the operation and/or provision of the Service (in part or the entire Service) forthwith in case where necessary. Subscriber acknowledges that HKBN shall not be liable for any damages, losses or disturbance caused or done to the Subscriber or any third party whatsoever in exercising its above right pursuant to this Clause. 17. If in the HKBN s reasonable opinion that the Subscriber is committing or suspected to commit any criminal act, unethical act, act of infringement (including but not limited to infringement of copyrights or any intellectual property rights) through the use of the Service or any act as stated in Clause 15 above, HKBN reserves the right, to the extent permitted by law, to allow any relevant third party, claimant, government authority/ bureau to access, inspect and/or copy any information or files transmitted or distributed whatsoever through the use of the Service by Subscriber.

4 18. Subscriber agrees to comply and observe with the Special Terms and Conditions of Business Broadband Network Services and General Terms and Conditions of HKBN and amendment thereto stipulated by HKBN from time to time. Subscriber agrees to abide by all terms and conditions stated therein. If there is any inconsistency between them, the priority of these documents shall be (i) these Terms and Conditions; (ii) Special Terms and Conditions of Business Broadband Network Service; and (iii) General Terms and Conditions of HKBN. Hong Kong Broadband Network Limited ( HKBN ) hereby publishes the following tariffs, terms and conditions to its Fixed Telecommunication Network Services Licence with immediate effect. HKBN International Private Leased Circuit Service ( the Service ) Service Level Guarantee Program ( the Program ) 1A. General 1A.1. The Program shall only be available for selected corporate customers ( Subscriber ) who have successfully subscribed for the Service within selected location as specified by HKBN. 1A.2. Subscriber acknowledges that the program shall form part of and subject to all the applicable terms and conditions as stated in relevant HKBN IPLC Service Subscription Form duly executed by HKBN and Subscriber (the Subscription Form ). 1. Service Level Guarantee 1.1. HKBN will provide guaranteed service level on Circuit Availability of 99.9% ( Service Level ) for the Service subscribed by the Subscriber In case when HKBN fails to meet the Service Level, HKBN will rebate the Subscriber in accordance with the below table ( Service Level Rebate ). HKBN shall use its fault recording system or any other method it deems fit to measure the aggregate circuit Outage and to determinate the amount of Service Level Rebate, if any, due to the Subscriber Without prejudice to Clause 5 hereof, HKBN reserves the right to amend or alter the below table from time to time without the prior notification to Subscriber. Circuit Availability Per Each Calendar Month 99.80% to 99.89% 5% 99.60% to 99.79% 10% 99.59% or less 20% Service Level Rebate (i.e. Percentage of Net Monthly Service Fee to be Credited to Subscriber) Circuit Availability means that level of the Service that HKBN provides to Subscriber per each calendar month which will be calculated as follows: (Number of minutes in using the Service in a calendar month Number of minutes of Outages) x100% Number of minutes in using the Service in a calendar month Outage means unavailability of the Service recorded by HKBN. Unavailable time ends upon fault clearance and restoration of the Service by HKBN. Net Monthly Service Fee means the monthly service fee invoiced by HKBN and paid by the Subscriber in each calendar month pursuant to relevant forms/documents The Service Level Rebate will ONLY be paid by HKBN to Subscriber if: (a) Any failure of achieving the Service Level arisen from Subscriber s termination point(s); or (b) Any failure of achieving the Service Level arisen from HKBN s own technical fault.

5 1.5. The Service Level Rebate will NOT be paid by HKBN to Subscriber if failure of achieving the Service Level is arise from or caused by, including without limitation, the followings: (a) The scheduled service or maintenance of any of HKBN s equipment by HKBN which affects the Subscriber s usage of the Service and/or Subscriber s ability to connect to or access the Internet/ telecommunications network; (b) Any Planned Outage Management as stated in Clause 4.2 hereof; (c) A failure in the Subscriber s Router or other Equipments; (d) Hacking or other security lapse on the Subscriber s servers or networks; (e) Computer Virus attacks from external sources via Internet; (f) Mail bombs or mail spamming (unsolicited s) on the Subscriber s servers; (g) Any failures of any third party telecommunications service provider(s); (h) Any act of God, which results in the failure of Internet connectivity; or (i) Any reason(s) or event(s) which beyond the reasonable control of HKBN. 2. Service Delivery Guarantee 2.1. In the event that HKBN fails to provide the Service by the Service Activation Date and that HKBN is in its reasonable opinion that such failure is caused by HKBN s own technical fault, the Subscriber shall be entitled to an amount of rebate equal to 1% of the total Net Monthly Service Fee for every one day that the Service is not available after the Service Activation Date, up to a maximum rebate of 50% of the total Net Monthly Rental ( Service Delivery Rebate ). Service Activation Date is the date as defined in the Subscription Form The Service Delivery Rebate will NOT be paid by HKBN to Subscriber if failure of provision of the Service by the Service Activation Date is arise from or caused by, including without limitation, the followings: (a) Failure of Subscriber to provide sufficient information or follow the reasonable instructions as given by HKBN from time to time; (b) Any Planned Outage Management as stated in Clause 4.2 hereof; (c) Any act of God, which results in the failure of Internet connectivity; or (d) Any reason(s) or event(s) which beyond the reasonable control of HKBN For greater clarity, nothing in this Clause shall prejudice the rights of HKBN to determine the Service Activation Date. 3. Manner of Rebate and the Limitation of Liability 3.1. Unless otherwise notified by HKBN, HKBN shall make any rebate (including the Service Level Rebate and the Service Delivery Rebate) in the form of crediting the amount of such rebate to the Subscriber s invoice for the calendar month following the calendar month in respect of which such rebate is paid. For greater clarity, HKBN shall reserve the final right to determine the time and the manner of the payment of the rebate Save as provided in the Program, in no event will HKBN be liable for Subscriber or any third party for any loss profits, consequential, incidental, special or other damages whatsoever arising from any failure, delay, suspension, termination, interruption or deficiency of the Service provided to Subscriber, even if Subscriber has previously been advised of the possibility of such damages. 4. Service Monitoring 4.1. HKBN shall provide the following services or other services as stipulated by HKBN from time to time to Subscriber: (a) HKBN will make the fault reporting hotline available for fault reporting service (the Hotline ). In reporting any fault of the Service to HKBN, Subscriber shall provide such information to HKBN including the directory number(s) or dataline number(s) of the faulty Service; fault symptoms and contact point for site attendance and fault clearance; (b) HKBN will promptly investigate and rectify all reported faults; (c) Subscriber may refer to relevant forms/documents for details of the Hotline HKBN will carry out Major Planned Outage Management irregularly. Subscriber will receive

6 notification with information including directory number(s) or dataline number(s) to be affected; date and time of planned outage; duration of service outage; and reason of planned outage, from HKBN at least 7 days prior to such major planned outage. Subscriber can contact the Hotline for an alternate arrangement; HKBN shall use reasonable efforts to reschedule planned outages at an agreeable time but Subscriber shall use its best commercial effort to assist in the matter. Postoutage testing will be arranged by HKBN to ensure that all services have been returned to normal operation. Any planned outage requested by HKBN with less than 7 days will be treated as unavailability and the actual duration of interruption will be counted in the unavailability time for the purpose of calculating the Service Level Rebate and/or Service Delivery Rebate hereof Without prejudice to Clause 5 hereof, any services as stated in this Clause 4 shall be subject to HKBN s review and HKBN reserves the right to change, suspend, cancel and/or alter the provision of the same from time to time without the prior notification to Subscriber. 5. Miscellaneous 5.1. Subscriber acknowledges that HKBN shall have the final and conclusive right to terminate, interpret and amend the Program, including but not limited to the level of guarantee provided in the Program, the calculation of rebate and any other terms and conditions contained herein, from time to time and without the prior notification to Subscriber Subscriber acknowledges and understands that Subscriber shall not be entitled to any rebate (including Service Level Rebate and Service Delivery Rebate) if Subscriber has breached any terms and conditions as stated in relevant forms/documents and/or any other applicable terms and conditions of HKBN or Subscriber has any outstanding fees or amounts payable to HKBN under the Service and/or any other service(s) provided by HKBN under its HKBN s account. For greater clarity, subsequent clearance of such outstanding payments shall not make Subscriber be entitled to any said rebate previously payable to Subscriber All disputes arising from the Program shall be subject to HKBN s final decision. Hong Kong Broadband Network Limited ( HKBN ) hereby publishes the following tariffs, terms and conditions to its Fixed Telecommunication Network Services Licence with immediate effect. Service Description Monthly Rental Charges ($HK) Internet Protocol Virtual Private Network (IPVPN) Service Provision of a quality Internet protocol gateway access service at a specified bandwidth HK$200,000/ Month Installation/Reconfiguration/ Relocation Charge (HK$) per order HK$20,000 ** For subscriber applying for HKBN IPVPN Service ( the Service ), the Special Terms and Conditions of HKBN IPLC Service shall apply.