Basic Mobile Service Agreement

Truphone agrees to provide Company with activated Truphone SIM Card Pack ("Activated SIM") and related services for use by the Company's employees and authorized agents and representatives (collectively, "End Users"), and Company agrees to compensate Truphone for the Activated SIM and such services, all in accordance with the terms and conditions below.

 

Basic Plan Terms and Conditions

1. Unless otherwise stated, this Basic Plan Terms and Conditions (Agreement) is subject to the General Terms and Conditions. A copy of the latest General Terms and Conditions can be found on Truphone's website (www.truphone.com).

2. This Agreement shall have a contractual term consisting of a Minimum Contract Period of 24 months commencing on Effective Day and any extension thereto as agreed between the parties (together the "Contract Period"). If the End User continues to use the Services after the Contract Period, the Contract Period shall automatically extend for one (1) calendar month. This extension shall continue until the End User ceases using the Services or the Company serves a notice of non-renewal or the parties signed a new contract.

3. In case of early termination or any change of Basic Plan (except change to a higher value Service Plan) during the Minimum Contract Period, you are required to pay an Early Termination Fee of HK$500.

4. Basic Plan Charges
(a) Voice Charges and thereafter Charges: please refer to our website
(b) SMS Charges and thereafter Charges: please refer to our website
(c) Data Charges and thereafter Charges: please refer to our website
(d) Free of charge for Voice Mail, Caller Display, Multi-party Call, Call Waiting and Call Forwarding.

 5. The Activation Day is the day in which the Activated SIMs has been activated for the Company's use by Truphone. For the avoidance of doubt, each Activated SIM has its own Contract Period.

6. Payment Terms:
(a) Within thirty (30) days from the date of Invoice.
(b) The Company will be charged for the Service rendered under each Activated SIM from that Activated SIM's Activation Day.
(c) All charges are exclusive of any and all applicable taxes.

7. During the Contract Period, the Company may not change its Primary number (the primary country corresponding to the primary number of the Services) which shall always be Hong Kong number and it may not change its Secondary number (as defined below) but the Company may add any additional country numbers on the payment of the designated fee.

8. The Company's usage of the Service is set out as follows:
(a) each End User shall, for billing purposes, have a designated home country ("Primary") number and a designated secondary country ("Secondary") number and if applicable any additional country ("Additional") number;

(b) if the Company adds additional country numbers during the Contract Period, then each additional country number shall be subject to a minimum commitment period of one (1) month.

(c) If the Company removes a country number at any time during the Contract Period, the Company will forfeit the right to use that country number.

9. During the Minimum Contract Period, the Company cannot:
(a) reduce the number of Activated SIM Cards;
(b) alter Primary number and Secondary number;
(c) reduce the value of the rate plan as stipulated in the applicable quotation;
(d) novate this Agreement; or
(e) reduce Contract Period.

10. The Company will need to enter into a new contract where the Company chooses to:
(a) add additional users; and/or
(b) increase its allowance at any time; and/or
(c) change or request additional modification to the Services provided under this Agreement.

11. The Company represent and warrants that it is authorized for itself or on behalf of the End Users consent to Truphone transferring its and the End User personal data to countries other than Hong Kong which do not provide the same level of data protection as Hong Kong if Truphone deems it necessary for the provision of the Services. The Company agrees and ensures its End Users agree to be bound by the Truphone's Acceptable Policy, Fair Usage Policy, the Privacy Policy and any other policies or instructions as amended from time to time and contained out in Truphone's website (www.truphone.com).

12. The personal data collected from the Company and its End Users will be used for the purpose of (1) verify the Company's credit status and perform on-going credit check; (2) provide the Truphone Service to Company and the End User; (3) invoice the Company and/or the End User; and (4) processing and maintaining the account with Truphone. If the Company or its End User does not provide such personal data, Truphone may not be able to provide Truphone Services to the Company and its End Users.

 

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