i-DATA Company Limited
General Terms and Conditions of Service
This document details the terms and conditions for the provision of Services by i-DATA. The Customer is deemed to have accepted the Conditions and the relevant Tariffs when applying for the Services. Services provided by i-DATA are deemed to be provided pursuant to the Unified Carrier Licence of Hong Kong Cable Television Limited.
2 Definitions and Interpretation
2.1 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 i-DATA service order form.
“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 15 (both inclusive).
"Contract" means the agreement between the Customer and i-Data for the provision of Services comprising these Conditions, the Tariff, the Application, any policies or user guides issued and revised by i-Data from time to time.
"Customer" means any person, firm or entity (a) which has registered for a Service; (b) which has used the Service, but has not registered for that Service; or (c) as stated in the Application.
"Equipment" means equipment (including software relating thereto) which is provided by i-DATA for the provision of a Service to the Customer and which is installed at the Customer's premises, excluding the Customer's equipment or third party equipment.
"Hong Kong" has the meaning ascribed to that term in the Interpretation and General Clauses Ordinance (Cap.1).
"i-DATA" means i-DATA Company Limited and includes any of its successors, transferees, assignees, principal or agents.
"Network" means the telecommunication network established and/or maintained and/or operated and/or used for the provision of Service(s).
"Ordinance" means the Telecommunications Ordinance (Cap.106) and includes any replacement of or amendment to it.
"Services" or "Service" means any telecommunications services offered by i-DATA.
"Special Conditions" means the special terms and conditions (if any) set out in the Tariff or the Application which are applicable to the Services.
"TA" means the Telecommunications Authority appointed under the repealed section 5 of the Ordinance.
"Tariff" in respect of a Service means the description of the Service, the charges and any Special Conditions relating to the Service as published and amended from time to time.
2.2 Unless the context says otherwise:
(a) Capitalised terms not defined herein will have the meanings ascribed to them in the Ordinance.
(b) A reference to a clause is a reference to a clause of these Conditions.
(c) 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.
(d) 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.
(f) 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.
(g) Any correspondence which is required to be given in writing can be given by prepaid post or facsimile transmission.
(h) All charges in the Tariff and the Application are in Hong Kong dollars.
(i) A reference to a "day" refers to a calendar day.
3 Provision of Services
3.1 Where i-DATA has accepted an Application from the Customer, i-DATA will provide the Services subject to the terms of the Contract.
3.2 i-DATA will endeavour to provide the Services subscribed by the Customer within a reasonable time or a time agreed with the Customer.
3.3 i-DATA does not guarantee continuous provision of or fault free Services. i-DATA will determine the appropriate methods for providing the Services and the route along which a Service is delivered to the Customer. i-DATA may change the method and delivery route from time to time without informing the Customer.
3.4 The provision of a Service to the Customer is subject to the Customer providing such information as may be reasonably requested by i-DATA and which meets any i-DATA's standard credit policy requirements.
3.5 i-DATA will repair faults that occur due to normal wear and tear on a date agreed with the Customer unless otherwise provided, or if the Customer has entered into an alternative maintenance arrangement with i-DATA. In some cases a temporary repair may be performed to enable the Customer to use the Service before permanent repair is effected.
4 Use of Services
4.1 The Customer shall use the Services in accordance with the terms and conditions of the Contract.
4.2 Subject to the Contract, the Customer may allow any person to use the Service provided that the Customer will remain liable to i-DATA 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.
4.3 If the Customer vacates the premises at which the Service is provided without cancelling the Service, the Customer will be liable for any charges outstanding in respect of the use of the Services as well as any charges incurred in respect of the Services by any person who commences occupation of the premises or remains in occupation after the Customer has vacated the premises, or by any other person whom such person permits to use the Services.
4.4 The Customer must not use or permit another person to use the Service:
(a) in connection with, or in, the commission of an offence against the laws of Hong Kong;
(b) for the purposes of resale or sublease of the Service, unless otherwise agreed by i-DATA in writing;
(c) which infringes any rights (including intellectual property rights) of any third party;
(d) for the purpose of sending unsolicited advertising material or message;
(e) 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; or
(f) for purposes not authorised by i-DATA.
4.5 The Customer must:
(a) comply with any written notice from i-DATA in relation to the modifications of any apparatus, or other action to be taken, to eliminate the interference, impedance or impairment or the likelihood of the interference, impedance or impairment;
(b) permit or obtain the necessary permission to enable i-DATA's employees or agents to enter any premises to inspect any apparatus, including but not limited to machinery, engines, meters, lamps, transformers or fittings ("apparatus"), which is, or may be, causing or likely to cause, any interference or damage to the Network; and
4.6 If the Customer's usage or unreasonable behaviour interfere with the efficiency or integrity of the Services, i-DATA may require the Customer to take such action as required by i-DATA and if the Customer does not comply with the requirement, i-DATA may discontinue the provision of the Service to the Customer without further notice to the Customer.
4.7 The Customer shall indemnify and hold i-DATA, its employees and agents against all claims or any losses or damages which i-DATA suffers or incurs as a result of:
(a) any acts or omissions of the Customer or any third party;
(b) 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;
(c) a breach by the Customer of the Contract;
(d) any unauthorised activity by the Customer or any third party to whom a Service is provided;
(e) any claims by any person or liability of i-DATA 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; and
(f) i-DATA’s access to the premises in relation to the supply of the Service, other than to the extent that the losses or damages are contributed by i-DATA.
5 Access to Premises
The Customer must allow or obtain the required permission to enable i-DATA's employees or agents to enter at all reasonable times into the premises where the Services will be provided to inspect, test, install, maintain, replace and remove the Services or Equipment prior to, during and after the provision of the Services, as well as to inspect any other equipment used in or in connection with the Services. The Customer will provide safe access to the premises and safe conditions for i-DATA's employees or agents whilst in the premises.
6.1 i-DATA will endeavour to deliver and install such Equipment as has been agreed with the Customer to the Customer's premises or a site nominated by the Customer on the date determined by i-DATA or agreed with the Customer. The title to the Equipment delivered and/or installed shall remain with i-DATA and the risk of loss or damage shall be borne by the Customer.
6.2 The Customer must:
(a) provide a suitable place for the Equipment to be installed;
(b) provide proper and adequate lighting, air-conditioning, fire protection, approved power supply, approved wiring and any other special requirements as informed by i-DATA;
(c) obtain any consents required for the installation and connection of the Equipment;
(d) provide safe conditions for the installation of the Equipment;
(e) not misuse the Equipment and will follow i-DATA's directions as well as any directions from the manufacturer regarding the use of the Equipment;
(f) leave the Equipment where it was installed and never interfere with the Equipment or any identifying marks or numbers on it unless authorised in writing by i-DATA;
(g) protect the Equipment from radio or electrical interference, abnormal environmental conditions and any other risks; and
(h) not use or allow others to use the Equipment for any purpose other than that for which the Equipment was provided.
6.3 (a) The Customer acknowledges and agrees that any equipment which the Customer intends to connect to the Network must:
(i) be approved by i-DATA in writing prior to any connection, and
(ii) comply with the technical standards as advised by i-DATA from time to time.
(b) At the time of application for any Services the Customer must provide all details regarding the equipment which it intends to connect to the Network. i-DATA may reject the application if the required information is not provided or in i-DATA's reasonable view, the equipment does not comply with i-DATA's technical standards.
(c) i-DATA may at any time disconnect the Customer's equipment connected to the Network if:
(i) the equipment so connected is different from the details provided by the Customer;
(ii) there is any malfunction of the equipment; or
(iii) the Services to the Customer is terminated or discontinued for whatever reason.
(d) The Customer shall indemnify and save i-DATA harmless against any claims or actions (including action for infringement of any intellectual property rights of third parties) that may be brought against i-DATA as a result of any acts or omissions of the Customer in connection with the use of the Services.
6.4 The Customer acknowledges and agrees that for the sale and rental of Equipment:
(a) Equipment is for the sole use of the Customer and in connection with the Service. The Equipment is not for resale or for use with other services or products.
(b) For Equipment sold, the Equipment (excluding consumables) will be warranted to be free from defect in workmanship and material under normal use and service for a period of 90 days from the date of purchase ("Warranty"). During the warranty period, i-DATA will at its own option and cost replace and repair the Equipment or any parts of the Equipment except replacements and repairs caused by any of the events set out in paragraph (d).
(c) For Equipment on rental, during the rental period, i-DATA will at its own option and cost replace and repair the Equipment or any parts of the Equipment except replacements and repairs caused by any of the events set out in paragraph (d).
(d) i-DATA shall not have any obligations to replace or repair the Equipment caused by: accident, negligence or improper use of the Equipment or any part of the Equipment; modification, repair or alteration made to the Equipment by persons not authorised by i-DATA; removal or relocation of Equipment without the approval of i-DATA; or non compliance of the environmental conditions for the installation of the Equipment.
(e) i-DATA shall have the right to terminate the rental or applicable Warranty if:
(i) any alteration, modification or repair is made to the Equipment without the authorisation of i-DATA;
(ii) any parts not approved by i-DATA have been used in connection with the Equipment;
(iii) the serial number on the Equipment have been removed, defaced or altered; or
(iv) the Equipment is re-sold or transferred by the Customer without the written approval of i-DATA.
(f) i-DATA shall be entitled to charge the Customer repair or replacement cost and other testing or handling charges in respect of the Equipment or any part of the Equipment not covered by the Warranty.
(g) Risk of loss or damage to the Equipment shall pass to the Customer on installation. In the case of sale of Equipment, title in the said Equipment shall not pass until full payment of the purchase price is received by i-DATA. Title shall not pass in the case of Equipment on rental.
(h) The Customer shall provide suitable environment as instructed by i-DATA for installation of the Equipment.
(i) On termination of the rental or expiration of the rental period the Customer shall permit i-DATA to access the Premises where the Equipment is installed to remove the Equipment.
(j) Subject to clause 11.2, on expiration of the initial rental period, the Equipment shall continue on a monthly basis until otherwise terminated by either party by giving to the other no less than 30 days written notice or otherwise extended.
7 Charges for Services and Payments
7.1 Unless otherwise agreed in writing, all charges for Services will be as specified in the Application or the Tariff. i-DATA may amend any charges in the Tariff and may not necessarily inform the Customer prior to effecting any changes to the Tariff.
7.2 The Customer shall pay i-DATA the full amount of the charges for Services as specified in the statement from i-DATA 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 Service ("Taxes") or any third party charges. 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 shall not deduct any Taxes from the charges payable to i-DATA.
7.3 Charges 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.
7.4 Charges payable based on usage of a Service will be calculated, except where i-DATA otherwise determines, by reference to the details of such usage as are recorded by i-DATA.
7.5 Customer may incur additional service charges when using the Services. For details, please refer to Additional Service Charge” stated in “General Terms and Conditions of CABLE TV” where applicable.
7.6 Where the telecommunications services of a third party is accessed using the Service, the Customer shall pay the charges relating to the telecommunications services of that third party to i-DATA on demand.
7.7 Unless otherwise stated by i-DATA, statements for charges payable will be rendered through electronic means in accordance with i-DATA‘s normal billing cycle for the type of Service provided. A hard copy of this statement will be available upon request and payment of i-DATA’s handling charge. Any such charges are due and payable by the Customer to i-DATA by the date or within the time specified in the relevant statement from i-DATA. Statements for Taxes payable by the Customer will be rendered by i-DATA 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 i-DATA or directly to the relevant governmental authority (as specified by i-DATA in the relevant statement) by the date or within the time specified in the relevant statement from i-DATA. 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.
7.8 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 i-DATA for the difference between the amount paid in advance and the amount of charges so payable.
7.9 Notwithstanding the foregoing i-DATA 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 i-DATA.
7.10 Payment by cheque will be deemed to be unpaid until the cheque has been cleared and the Customer will be liable to i-DATA for any bank fees incurred by i-DATA relating to a dishonoured cheque.
7.11 Where any amount due by the Customer to i-DATA in respect of charges payable remains unpaid on the date on which it is due, without prejudicing any other remedies available to i-DATA, all charges incurred under the Customer's account(s) with i-DATA shall become due immediately and payable by the Customer on demand and i-DATA shall have the right to suspend all other Services subscribed under the Customer’s account(s). The Customer shall be liable to pay i-DATA interest on any amount which is payable to i-DATA 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.
7.12 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 the Service.
7.13 Where the total charges payable in any account rendered do not amount to a multiple of 5 cents, the total charges may be rounded down to the nearest 5 cent multiple. The Customer will not be liable for the difference between the total charges and the total charges which have been rounded down, which difference will be withdrawn.
7.14 If there is any dispute relating to the charges for Services, the records of i-DATA will be conclusive evidence of the charges payable by the Customer. The Customer must raise any dispute with i-DATA within 15 days of receipt of the statement.
7.15 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 i-DATA.
7.16 Unless otherwise agreed between the Customer and i-DATA, i-DATA will provide consolidated account for all Services provided by i-DATA and charges under consolidated account will be collected by i-DATA using one of the payment methods chosen by the Customer.
8 Security for Payment of Charges
8.1 At any time i-DATA may require the Customer:
(a) to provide a security deposit for charges incurred in relation to the Service; or
(b) 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.
8.2 The receipt by i-DATA 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.
8.3 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.
8.4 Notwithstanding anything herein contained, security or advance payment made by the Customer is not risk free and in the unlikely event that i-DATA 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.
9 Cancellation, Change or Deferment of Application
The Customer may cancel, change or defer the Application by notice to i-DATA. The notice will be in writing or the Customer may call i-DATA's Customer Services Hotline. Where the Customer cancels, changes or defers an Application prior to the provision of a Service and i-DATA has done preparatory work or incurred expenditure to meet the Customer's initial requirements, the Customer shall pay to i-DATA a cancellation fee (if any) specified in the Application and/or the Tariff and such amount for the work done, any expenses incurred and loss or damage sustained by i-DATA as a result of the cancellation, change or deferment.
10 Suspension or Withdrawal of Service
i-DATA 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:
(a) in an emergency or whenever i-DATA considers it necessary in order to safeguard provision of Services;
(b) while payment of charges for the Services is overdue;
(c) if i-DATA is unable to locate the Customer at the address notified by the Customer and has reason to believe that the Customer is no longer residing at that address;
(d) if in the reasonable opinion of i-DATA there is, has been or may be unauthorised or fraudulent use of the Service;
(e) 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;
(f) if the Customer is in material breach of any term or condition under the Contract;
(g) if in the reasonable opinion of i-DATA the use of the Service or Equipment by the Customer is causing or may potentially cause damage or any interference to the Network or Equipment or inconvenience to other Customers of i-DATA;
(h) to carry out routine maintenance to the Network;
(i) if the Customer has incurred charges for the Service which has exceeded the credit limit allowable by i-DATA irrespective of whether such credit limit has been communicated to the Customer; or
(j) to comply with a direction or request of the CA or other competent government authority.
11 Cancellation of Service
11.1 i-DATA may cancel the provision of a Service to a Customer without necessarily informing the Customer:
(a) following the removal of such Service from its Tariff;
(b) following the suspension of the Service to the Customer;
(c) if the Customer vacates the premises in which an Equipment is located and does not request cancellation of the Services at that time;
(d) 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;
(e) if, whether or not the Services has already been suspended under clause 10, payment of an account, or provision of security for the Service is overdue;
(f) if i-DATA 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;
(g) if i-DATA 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 i-DATA has not contracted to maintain and the defect is not corrected by the Customer after expiration of the time specified in i-DATA's notice;
(h) in accordance with clause 4.6; or
(i) if the Customer is in material breach of any term or condition of the Contract.
11.2 Unless otherwise specified in the Tariff or as notified by i-DATA, 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 Customer’s subscription for the Services will be continued on a month-to-month basis and the service charge will be informed not less 30 days before the expiry of the Commitment Period. The Customer may cancel a Service by giving to i-DATA 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 two months of the Commitment Period. If the Customer cancels the Service before expiration of the Commitment Period, i-DATA has the right to charge the Customer cancellation charges as set out in the applicable Tariff or the Application, or an amount equivalent to the charges payable for that Service during the remaining 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.
11.3 Where provision of a Service has been cancelled under clause 11.1 or 11.2:
(a) the reconnection of the Services will be subject to the appropriate connection charge specified in the Tariff;
(b) i-DATA may after that cancellation enter the premises to remove the Equipment;
(c) i-DATA may, where it is unable within 14 days from the date the Service is cancelled to enter premises to recover the Equipment, recover against the Customer in any court of competent jurisdiction the value of the Equipment as a debt due to i-DATA; and
(d) i-DATA 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 i-DATA.
11.4 Notwithstanding the foregoing i-DATA may cancel the provision of the Service to the Customer with not less than 30 days written notice without any liability to the Customer.
12 Customer Information
12.1 i-DATA 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 i-DATA, in which event i-DATA may decline to provide the Services to the Customer.
12.2 i-DATA may use and/or disclose the Information for the purpose of: (a) provisioning Services to the Customer and enforcing i-DATA’s rights in connection with the provision 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 notified by i-DATA or agreed between a Customer and i-DATA. Further, i-DATA 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 purposes for which it was provided. With the Customer’s consent, i-DATA may use the Information for direct marketing of products or offers of i-DATA related to the products and/or services subscribed.
12.3 The Customer may request for a record of the Information kept by i-DATA and request i-DATA 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. i-DATA may impose a charge to cover the costs of complying with such requests.
12.4 The Customer will notify i-DATA of any change of address or any particulars provided to i-DATA which may affect the provision of Services to the Customer.
12.5 In circumstances where i-DATA has obtained from a Customer Information concerning payment instructions for charges due on the Customer's account, i-DATA 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 i-DATA.
13 Exclusions and Limitation of Liability
13.1 To the extent allowed by law, the liability of i-DATA whether arising from a breach of contract or negligence on the part of i-DATA or the employees or agents or contractors or suppliers (including suppliers of the Services or parts of the Services) of i-DATA will be limited to:
(a) the supply or resupply of the Services, as the case may be, unless otherwise provided in the Tariff; and
(b) in the case of personal injury to or death of any person - unlimited.
13.2 Notwithstanding clause 13.1, under no circumstances will i-DATA, 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.
13.3 Each limitation or exclusion in this clause 13 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.
13.4 i-DATA 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
13.5 Notwithstanding the foregoing i-DATA 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.
14 General Provisions
14.1 The Contract represents the entire understanding between i-DATA and the Customer relating to the Services and there are no promises, terms, conditions or obligations, oral or written, expressed or implied, other than those contained in the Contract.
14.2 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.
14.3 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 disputes concerning the Contract and the transactions contemplated by the Contract.
14.4 A copy of the Conditions and the Tariffs may be inspected at the principal business premises of i-DATA or provided to the Customer on request at a fee.
14.5 Any statements, notices or communication by i-DATA to the Customer shall be sufficiently given to the Customer if addressed to the Customer at the address notified to i-DATA 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.
14.6 The Customer shall not assign or transfer any or all of its rights and obligations under the Contract to any third party. i-DATA 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.
14.7 No delay, neglect or forbearance on the part of i-DATA 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 i-DATA under the Contract.
14.8 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.
14.9 These Conditions may be amended from time to time by i-DATA. Such amendments shall become effective when published, advertised or notified to the Customer by such means as i-DATA 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 i-DATA's official website www.i-data.com.hk.
Acceptable Use Policy Applicable to i-DATA Company Limited
1.1. This Acceptable Use Policy (“Policy”) outlines those categories of activities of Customer that are not allowed by i-DATA. This Policy is in addition to any restrictions that the Customer may be already subject to by the Agreement executed between the Customer and i-DATA. i-DATA may modify this Policy at any time which shall become effective when it is being posted to i-DATA's official website www.i-data.com.hk.
2. Activities Not Allowed
2.1. The Customer agrees not to, and not to allow third parties (including its end users, if applicable) to use the Services:
a) to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”);
b) to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing end users to infringe or misappropriate the intellectual property rights of any third party);
c) to engage in, promote or encourage illegal activity;
d) for any unauthorized, unlawful, invasive, infringing, harassing, defamatory or fraudulent purpose, including but not limited to:
i. any unauthorized network monitoring or sniffering in which the data is not intended for the Customer
iii. sending emails with falsified or obscured information (e.g. encoded or “obfuscated URLs”),
iv. creating a pyramid scheme,
v. mirroring a website
vi. circumvent or attempt to circumvent Customer authentication or security of any host, network, or account (“cracking”),
vii. transmit, receive or store any copyright-infringing, use of intellectual property right without proper authorization or obscene material;
e) to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users; or
f) to disable, interfere with or circumvent any aspect of the Services.
2.2. i-DATA may, without giving advance notice, filter and remove any suspected spam or virus-infected emails or materials. However, i-DATA shall not be responsible or liable if such materials have not been filtered or removed.
2.3. If the Customer originates a Denial of Service (“DOS”) attack, i-DATA shall have the right to blackhole the relevant IP address originating the attack immediately without any notice and without any liability to Customer.
2.4. If the Customer is victim of DOS or DDOS toward identified IP address, i-DATA shall have the right to filter or blackhole the relevant IP address immediately without any notice and without any liability to the Customer in order to reduce impact on the Customer.
3. Consequence of i-DATA actions
3.1. If i-DATA has exercised its right of taking any actions as mentioned above, the Customer shall still be liable to pay for the corresponding Charges.
3.2. After taking any actions as mentioned above, i-DATA shall also have the rights to require the Customer to implement improvement plans. If the violation of this policy continues, the Customer shall be deemed to be in breach of the material or important provision(s) of the applicable terms and conditions between the Customer and i-DATA. i-DATA shall then be entitled to terminate the Agreement forthwith and the Customer shall be liable to pay i-DATA all Charges for use of the Services up to and including the date of termination, any early termination charges arising therefrom and details of such early termination charges that may be applied and all other applicable outstanding charges to i-DATA.
4.1. i-DATA reserves the right of final decision on the interpretation of this Policy.