| TERMS AND CONDITIONS OF SERVICES
It is hereby agreed between the Customer and (:the
Company;) as follows:
1. Fees Payment
1.1. The Customer is responsible for payment in advance,
monthly services fee or such other fees as may be payable
for the registration or the provision of services by
the Company. The service fee and other charges of the
Company may be revised by the Company from time to time
upon prior written notice being given to the Customer.
1.2. All bills issued by the Company to the customer
are payable immediately upon receipt.
1.3. Late payment of the bills will result in suspension
or termination of services.
1.4. Fees may be paid (a) by post with a crossed cheque
issued in favour of :Conson Business Limited; with the
account number written on the back or (b) in cash or
by cheque at the services center of the Company or (c)
bank deposit to HSBC A/C (168-1-034862), and fax the
receipt to the Company with the account number written
on.
1.5. Any prepaid service and/or registration fees received
by the Company are absolutely non-refundable.
2. Deposit
2.1. The Company shall have the right at any time to
require the Customer to provide a deposit to Company
as security for payment of all charges hereunder for
the use of the service and for any loss or damage incurred
or sustained by the Company as a result of any non-performance
on the part of the Customer of any terms, conditions
or obligations under any agreement made between the
Customer and the Company in respect of the Company・s
service. The Company at its sole discretion shall determine
the amount of the deposit. The Company reserves the
right to increase the amount of the deposit from time
to time.
2.2. The Company has the right, without prejudice to
any other rights or remedies hereunder, to deduct from
the deposit the amount of any outstanding charges payable
hereunder or under any of the Customer・s other account
of the service or for any loss or damage incurred or
sustained by the Company as a result of any non-observance
or non-performance by the Company of any terms, conditions
or obligations under Agreement made between the Customer
and the Company in respect of the Company・s service.
2.3. Subject as aforesaid, the deposit shall be refund
to the Customer by the Company without interest after
the termination of this Agreement and the settlement
by the Customer of all outstanding charges payable hereunder
or claims brought by the Company in respect of any breach,
non-observance or non-performance on the part of the
Customer of any of the terms, conditions and obligations
under this Agreement.
3. Services
3.1. The Company provides, but not limited to, the following
business support services to the Customer upon the Customer
duly observing and performing these terms and conditions:
I. Telephone answering service;
II. Mail and facsimile message collection services;
III. Re-direct service of facsimile message and
IV. Other services specified overleaf.
3.2. The Company reserves the right to charge the Customer
an additional service fee if the size of incoming parcel
exceed 21cm}29.7cm}8cm or 5000cm3.
3.3. The Company shall be entitled to refuse to collect,
receive, deliver, relay or transmit any message or documents
that are obscene or vulgar in nature. The Company shall
not be under any liability whatever to the Customer
or any person for any cost, expense, loss, damage or
compensation arising out of or in connection with the
Company・s refusal to relay such messages.
3.4. The Services will be provided and rendered at the
address overleaf. The Company is able to change the
address providing services with three months notice
without compensation.
4. Exclusion of Liabilities
4.1. The Company and any of its servants or agents shall
not be liable for any loss or damage resulting from
any delay or mistake in collecting, receiving, recording,
redirecting, delivering, conveying, transmitting any
messages or information or documents or otherwise providing
business support services to the Customer.
4.2. The Company and any of its servants or agents shall
not be liable for any loss damage resulting from any
suspension of service, termination of this Agreement
operation process of any cause whatsoever.
4.3. The Company and any of its servants or agents shall
not be liable for any loss damage resulting from the
leakage or accidental disclosure of any of the messages
or information of or for the Customer.
4.4. The Company and any of its servants or agents shall
not be liable for any loss damage, direct or indirect
howsoever caused to the Customer by reason of:
I. Any breach of this Agreement by the Company;
II. Any suspension, interruption, termination or failure
of the business support services whether the same shall
arise by accident, defect in equipment, or omission,
default or negligence of the Company・s employees;
III. Any event of force majeure including fire, flood,
storm, power supplies, shortage of manpower or any other
circumstances beyond the control of the Company.
4.5. The Company shall be deemed to have no knowledge
of, and accepts no obligation whatsoever in respect
of, any thing in the parcel or envelope.
5. Service Agreement
The service agreement evidenced by this Agreement is
undertaken by the Customer and the Customer shall not
be entitled to assign or transfer its right or obligations
hereunder to any third party except with prior written
consent of the Company and subject to such conditions
as the Company may impose.
6. Customer・s Obligations
The Customer shall:
6.1. Punctually pay in advance, in full and without
any deductions all monthly service fee, or such other
fees as may be payable for the registration or use of
the provision of services by the Company.
6.2. As an obligation surviving termination of this
Agreement, indemnify the Company in respect of any claims
made against the Company and all damages, costs and
expenses suffered or incurred by the Company as a result
of any third party claim arising out of the state.
7. Breach of Contract by Customer
7.1. If the Customer shall fail to pay any of the amounts
of money due to the Company or otherwise be in breach
of any of the provisions of this Agreement, the Company
may, without prior warning or notice to the Customer,
suspend the services or terminate this Agreement and
claim against the Customer for compensation for the
all loss and damage suffered by the Company as a result
of such breach by the Customer including but not limited
to all outstanding fees.
7.2. If the services shall be suspend due to non-payment
or delay in payment of service or other fees, the Company
may in its absolute discretion resume the services upon
application by the Customer and full payment of all
outstanding fees and charges and disbursements relating
to the arrangements to resume the services.
8. Termination of Agreement
8.1. The Company shall be entitled at any time upon
giving not less than 30 day・s notice in writing to the
Customer too termination this Agreement.
8.2. The Company shall have the right to forthwith terminated
this Agreement or temporary suspend the services at
any time in any of the following events:
I. If any charges or sums payable hereunder remain unpaid
after becoming due;
II. If the Customer commits a breach of any of the terms
and conditions contained herein;
III. If the Customer fails to pay the deposit specified
under Clause 2 hereof;
IV. If the Customer is subject to the law as to insolvency
or bankruptcy or makes any arrangement of composition
with its creditor or has a Receiver appointed or enters
into liquidation;
V. If any of the information specified by the Customer
overleaf is found to be false.
8.3. Termination hereunder shall be without to any then
existing rights or claims that the Company may have
against the Customer and shall not relieve the Customer
from fulfilling its/his obligations including payment
of all outstanding charges prior to the date of termination.
9. Limitation of liability
9.1. The Company shall not be subject to any liability
or responsibility for any cost, claim, damage or loss
to the Customer or to any person, firm, company or corporation
resulting from or relating to the provision of the service
or, the value added service offered under the service.
9.2. The Company shall under no circumstances be liable
for any loss (whether direct or indirect) of revenue,
loss of profit any consequential loss whatsoever as
a result of the Customer using the service or for whatever
reason under this Agreement.
10.Variation
The Company reserves the right at any time to very,
modify, delete any or all of the terms and conditions
contained herein or add new terms and conditions to
this Agreement by given written notice to the Customer
to that effect.
11.Assignment and Agency
11.1.The Customer shall not assign, transfer, convey,
license or otherwise dispose of any of its right and
obligations under this Agreement to any other party
without the prior consent of the Company.
11.2.Consent will only be given by the Company on condition
that the Customer and the transferee signing a transfer
agreement in the form specified by the Company and the
Customer setting all outstanding charges under this
Agreement.
11.3.The Customer shall not assign, transfer, convey,
license or otherwise dispose of the number which has
been allocated by the Company to the Customer for the
use of the service.
12. Force Majeure
The Company shall not be under liability for any loss
or damage resulting from delay or failure to perform
this Agreement either in whole or in part where such
delay or failure shall be due to causes beyond its reasonable
control, or which is not occasioned by its fault or
negligence, including but not limited to, war, the threat
of imminent war, riots or other acts of civil disobedience,
insurrection, acts of God, restraints imposed by government
or any other supranational legal authority or any other
industrial or trade disputes, fires, explosions, stoms,
floods, lightening, earthquakes and other natural calamities.
13.Notices
All notices under this Agreement shall be sufficiently
given to the Customer if given personally or by ordinary
post addressed to the Customer・s address in the records
of the company or the last known address of the Customer
and any notices to the Company shall be sufficiently
given if sent personally by ordinary post addressed
to the registered office of the Company. All notices
are deemed to be effectively served three days after
the date of posting.
14.Amendments
The Company may with or without prior notice to the
Customer vary, add, amend or delete any of the provisions
of this Agreement.
15.Governing Law
This Agreement shall be governed by and construed in
accordance with the laws from time to time in force
in Hong Kong and the parties shall submit to the jurisdictions
of the Courts of Hong Kong to resolve any disputes or
claim in this Agreement.
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