SmarTone-Vodafone Mobile Broadband

Flexi
Mobile Broadband Flexi Services are made available to Customers by SmarTone Mobile Communications Limited ("The Company") subject to the terms and conditions of the Company's Sales and Services Agreement (a copy of which is available on request) and upon the following terms and conditions:

1	Definitions Unless otherwise stated, the following words and expressions shall have the following meanings: "Card" means the SIM card which enable the Customer to use any or all of the Mobile Broadband Flexi Plan Services. "Charges" means any fee or charges relating to Mobile Broadband Flexi Plan Services charged by the Company from time to time including but without limitation, connection, data usage, roaming or any other charges or fee (including amounts billed by the Company for and on behalf of another person) which may be specified, announced or published by the Company from time to time for the provision of the Mobile Broadband Flexi Services. "Content Service" means data, information, photographs, diagram symbol or other material in whatever languages including without limitation all textual, audio, video, still and moving / image, graphics, musical or other content or information that can be accessed by or through using Mobile Broadband Flexi Plan Services. "Mobile Broadband Flexi Plan Services" mean the mobile broadband access service, Content Service and any other service which the Company supplies to the Customer from time to time. "Voucher" means the voucher that is used for the recharge of the value of the Card.
2	SIM Lock a) The device used for SmarTone-Vodafone Mobile Broadband services is preset with a SIM Lock. b) The customer shall not alter or tamper the preset SIM Lock in the device used for the SmarTone-Vodafone Mobile Broadband service.
3	The value stored in the card shall be used for payment of Charges.
4	The Customer expressly acknowledges that he has read the relevant flexi plans for Mobile Broadband Flexi Services and the rate of the Charges for the Mobile Broadband Flexi Plan Services and understands and agrees to the rate and charging mechanism before using of the Mobile Broadband Flexi Plan Services.
5	The rate of Charges are subject to change from time to time. The Customer should regularly check the updated rate of Charges through the channels(s) specified by the Company.
6	The value of the Card is recharged at any of the authorized recharging channels specified by the Company or by the purchase of Vouchers at the Company's retail outlets from the Company's authorized agents.
7	If the Card is damaged, the Company may replace the damaged Card subject to the payment of handling charges.
8	All questions and disputes regarding the Charges, remaining credit and expiry date of the Card and Voucher will be decided by the Company at its sole discretion. For questions and disputes on Charges, these must be submitted to the Company within three months from the date of debit of the Charges in question.
9	The Company does not provide refund or make any transfer of a) any unused portion of the value of i) Card or ii) the Voucher whether before or after its expiry date b) any value of the Card directed to the incorrect Card account during the recharge process c) any value of the Card being utilized by fraudulent and unauthorized use of the Card
10	In the case of the lost Card or Voucher, the Company does not provide refund for any value of the lost Card or Voucher being utilized during the period of loss or thereafter
11	The Company shall have the right to forthwith temporarily suspend, terminate or disconnect the Mobile Broadband Flexi Plan Service or any part thereof without notice if in the opinion of the Company there has been or is likely to be fraudulent, illegal, or improper use of the Mobile Broadband Flexi Services through the use of the Card.
12	The liability of the Company to a Customer, whether in contract, tort or otherwise, in relation to the Card or Voucher shall be limited to the remaining value of the Card or Voucher.
13	The Company shall not be liable to the Customer for loss or damage resulting from delay or failure of the Mobile Broadband Flexi Services where such delay or failure shall be due to causes beyond its reasonable control, or which is not occasioned by its fault or negligence imposed by the government or any other supranational legal authority or any other industrial or trade disputes, fire, explosion, storms, flood, lightning, earthquakes and other natural disputes.
14	The Company reserves the right at any time to vary, modify, delete any and all of the terms & conditions contained herein.
15	The terms & conditions herein are written in both English and Chinese.
16	In the event of any inconsistency or discrepancy between the terms and conditions of the Company's Sales and Service Agreement and the terms and conditions herein for Mobile Broadband Flexi Plan Services, the latter shall prevail.

Contract
Mobile Broadband Contract Plan Roaming Services are made available to Mobile Broadband Contract Plan Customers by SmarTone Mobile Communications Limited ("the Company") subject to the terms and conditions of the Company's Sales and Services Agreement (a copy of which is available on request) and upon the following terms and conditions :

Use of the Services constitute acceptance by the Customer of the Company's Sales and Services Agreement and the terms and conditions contained herein.

1	Definitions Unless otherwise stated, the following words and expression shall have the following meanings : "Charges" means any fees or charges relating to the Services charged by the Company from time to time and any other fees and charges (including amounts billed by the Company for and on behalf of another person) which may be specified, announced or published by the Company from time to time in connection with the Services. "Mobile Broadband Contract Plan Roaming Services" means the credit account subscribed by the Mobile Broadband Customer with a stored value which are used for payment of roaming usage charge. "Services" means the Mobile Broadband Contract Plan Roaming Services provided by the Company. "Voucher" means the voucher that is used for the recharge value of the credit amount in Mobile Broadband Contract Plan Roaming Services account.
2	The value stored in Mobile Broadband Contract Plan Roaming Services account shall be used for payment of the roaming Charges.
3	The Customer should regularly check the updated balance of value in the Mobile Broadband Contract Plan Roaming Services account through the channel(s) specified by the Company.
4	The value in the Mobile Broadband Contract Plan Roaming Services account can be recharged at any of the authorized recharging channels specified by the Company or by the purchase of Vouchers at the Company's retail outlets or from the Company's authorized agents.
5	All questions and disputes regarding the Charges and remaining credit in the Mobile Broadband Contract Plan Roaming Services account will be decided by the Company at its sole discretion. For questions and disputes on Charges, these must be submitted to the Company within three (3) months from the date of debit of the Charges in question.
6	The Company does not provide refund or make any transfer of: a) any value of the Voucher directed to an incorrect Mobile Broadband Contract Plan Roaming Services account during the recharge process; b) any value of the Voucher being utilized by fraudulent and unauthorized use of the Mobile Broadband Prepaid Roaming account.
7	In the case of a lost Voucher, the Company does not provide refund for any value of the lost Voucher being utilized during the period of loss or thereafter.
8	The Mobile Broadband Contract Plan Roaming Services account shall terminate immediately upon the termination of the Services to the mobile telephone number of the Customer for whatever reason. Termination of the Services shall be without prejudice to any rights and/or claims that the Company may have against the Customer prior to the date of termination and shall not relieve the Customer from fulfilling his obligations including payment of all outstanding charges in the Mobile Broadband Contract Plan. The balance remaining on the Mobile Connect Contract Plan Roaming Services account will be refunded to the Customer upon termination.
9	Any disputes in connection with or arising from the Services including the use of the Mobile Broadband Contract Plan Roaming Services account or Voucher shall be determined in accordance with the laws of Hong Kong Special Administrative Region.
10	The Company reserves the right at any time to vary, modify, delete any and all of the terms and conditions contained herein.
11	The terms and conditions herein are written in both English and Chinese.
12	In the event of any inconsistency or discrepancy between the terms and conditions of the Company's Sales and Services Agreement and the terms and conditions for Mobile Broadband Contract Plan Roaming Services, the latter shall prevail.

SmarTone-Vodafone Mobile Broadband Fair Usage Policy
SmarTone-Vodafone will ensure the high quality of Mobile Broadband to all customers. Mobile Broadband service (’the Service’) is subject to this Fair Usage Policy.

The Service shall not be used under any one of the following circumstances, including but without limitation, using the Service:

(a)	for peer-to-peer file sharing;
(b)	for machine-to-machine applications;
(c)	in any manner which adversely affects SmarTone-Vodafone’s ability to provide, complete or maintain the level or quality of its network or other services; and
(d)	in any manner which is designed to unfairly exploit the usage or to cause loss or damage to SmarTone-Vodafone such as using the Service for commercial purposes or reselling the Service.

SmarTone-Vodafone has the absolute discretion to forthwith limit your data throughput or amount of your data transferred, or suspend/terminate the Service without notice, upon the occurrence of any one or more of the circumstances specified above.

If in the reasonable opinion of SmarTone-Vodafone, the Customer’s use of the Service is excessive, SmarTone-Vodafone may ask the Customer to moderate the usage. If the Customer fails to do so, SmarTone-Vodafone reserves the right to charge the Customer for the excessive usage at a rate specified by SmarTone-Vodafone, or suspend or terminate the Service.

SmarTone-Vodafone reserves the right to change the terms and conditions of this Fair Usage Policy. Please check the most updated version from time to time.