1. The voicemail service (“the Service”) is provided by Hong Kong Broadband Network Limited (“HKBN”).
2. The Service is a value-added service of the 2b Broadband Phone service and is only applicable to the existing subscribers of 2b Broadband Phone service (“the Subscriber”).
3. Upon subscription of the Service, HKBN will provide the Service to the Subscriber. The maximum number of voicemail messages can be saved for each phone number is 50 and the duration of each voicemail message cannot exceed 180 seconds.
4. The Subscriber can retrieve the voicemail messages through the following methods:
a) Through the Subscriber’s 2b Broadband Phone.
b) Through a touch-tone telephone by dialing the phone number as provided by HKBN from time to time. (Subscriber shall be responsible for all costs and expenses for dialing such phone number, including but not limited to the costs and expenses of the availability and calling time of his/her landline, mobile phone, and any long distance call charges when Subscriber dials such phone number outside Hong Kong.)
c) Through email with a wave format file. (Subscriber shall be responsible for and make available a valid email account at his/her own costs and expenses and the costs and expenses for retrieving the messages through email.)
The Subscriber shall be responsible for and make available the 2b Broadband Phone, the touch-tone telephone, and the valid email account at his/her own costs and expenses to enable him/her to retrieve the voicemail messages. HKBN shall not in any way be held liable for any loss and damage arising out of the failure, interruption, delay of the delivery of the voicemail messages caused by whatsoever reasons including but no limited to the Subscriber's 2b Broadband Phone, touch-tone telephone, and email account.
5. HKBN shall have the absolute discretion to decide whether to provide the Service to the Subscriber and the manner and standard of such provision.
6. Upon subscription of the Service, the Subscriber shall activate the Service through the website to be advised by HKBN from time to time and select the method for retrieving the voicemail message. The effective date of the Service will be stated in the confirmation email sent by HKBN to the Subscriber.
7. The Subscriber shall prepay the aggregate monthly fees of the Service for each phone number (if applicable) for 3 months (“the Contract Period”) in the total amount of HKD$120 (HKD$40 x 3 months = HKD$120) ("Prepaid Amount”) and in the event that the effective date of the Service is not on the first day of the first calendar month of the Contract Period, the fees for the days of that month would be calculated on a pro-rata basis and will be added to the Prepaid Amount.
8. HKBN shall continue to provide the Service to the Subscriber upon the expiration of the Contract Period, and the Subscriber shall prepay the aggregate monthly fees for 3 months of the Service for each phone number (if applicable) to HKBN on a quarterly basis (that is, every three months) in a total amount of HKD$120 (“Quarterly Fee”). The Subscriber understands and agrees that HKBN shall have the absolute rights to adjust the monthly fee, Quarterly Fee and other related fees of the Service from time to time provided that HKBN endeavours to provide notification 30 days or any other period as reasonably practicable in the circumstances in advance of its effective date.
9. The Subscriber understands, agrees and authorizes HKBN to include the fees of the Service and other related fees of Service for each phone number (if applicable) into the Subscriber’s 2b Broadband Phone Account. The aforesaid fees shall be automatically settled by the payment method as provided in the Subscriber’s 2b Broadband Phone Account.
10. Notwithstanding that the Subscriber has paid all the relevant fees for the Service, HKBN has the right to terminate the Service forthwith without notice in the following situations (including but not limited to):
(a) the Subscriber cancels or terminates the 2b Broadband Phone service;
(b) the Subscriber fails to fully settle the outstanding balance of the relevant fees of the Service or the 2b Broadband Phone service;
(c) the Subscriber violates any Terms and Conditions herein, the Terms and Conditions of the 2b Broadband Phone service or any other related Terms and Conditions; or
(d) any other reasonable situation as HKBN thinks fit.
For avoidance of doubts, all the prepaid fees made are non-refundable or non-transferable to other services or plans.
11. Termination of the Service requires 30 days prior notice to HKBN. All prepayment made are non-refundable and non-transferable.
12. Subscriber understands and accepts that the Service may be failed, interrupted, delayed or suspended or such other situation beyond HKBN reasonable control and HKBN makes no warranty as to the reliability and availability of the Service and accepts no legal liability in relation thereto. HKBN shall not in any way be held liable for any loss and damage arising out of such failure, interruption, delay and suspension directly or indirectly.
13. The Subscriber understands and agrees that HKBN should not be held liable to the Subscriber or any party for any loss and damages arising out of the use of the Service, including but not limited due to the following circumstances:-
(i) any damage to the software/hardware installed in the Subscriber’s or any party’s computer or any data loss;
(ii) any direct or indirect losses (including but not limited to economical losses) occurred due to failure or interruption of the Service or virus attack of the Subscriber’s or any party’s computer system, or any claim or compensation of whatever nature howsoever arisen to the Subscriber or any party;
(iii) any claim or compensation arising out of such failure, interruption or suspension on the Subscriber’s or any computer or parts; and
(iv) any damages of data or voice, or other damages due to interruption, data processing, unsuccessful delivery, mis-delivery, or service suspension.
The Subscriber shall fully indemnify HKBN if it suffers any loss and damages due to the above circumstances.
14. HKBN shall not be responsible for any content (including but not limited to the voice content) delivered through the Service. HKBN does not warrant or guarantee, including but not limited to, the quality, relevance, consistency and reliability of the Service and the reliability or the quality implicitly or explicitly applied to the information received by the Service.
15. HKBN reserves all rights to amend or cancel the Service or the related Terms and Conditions at any time without prior notice. If there is any matter or dispute relating to the Service, all decisions made by HKBN shall be final and conclusive.
16. These Terms and Conditions shall be subject to the General Terms and Condition of HKBN, the terms and conditions of 2b Broadband Phone service and all other relevant terms and conditions as may be in force from time to time and the Subscriber agrees to abide by the same.
17. If there is any inconsistency among them, these Terms and Conditions shall prevail to the extent of inconsistency.
2006
V1.0