These are the terms and conditions on which Sky Leader Limited (“Sky Leader”) will provide any service (such as long distance telecommunications services) (“Services”) to the Subscriber (“You”) and constitutes a Contract between you and Sky Leader as if signed by each party. By using Sky Leader's services, you agree to be bound by the following terms and conditions:
1. CHARGES
1.1 Subject to clause 1.2, Sky Leader may vary these terms by giving notice to you. You agree that if you continue to use the Services or pay any amount in relation to the Services after you have received that notice, you are bound by these terms and conditions as varied.
1.2 Sky Leader may vary any charges or rates at any time without prior notice to you. Sky Leader will bill you for Services in accordance with relevant terms, tariffs, rates and other charges applying at the time the Services are used.
2. PERSONAL DATA PRIVACY POLICY (“PDPP”)
2.1 You agree and authorise Sky Leader to disclose your personal data to any regulatory authority, to any of Sky Leader’s agents in Hong Kong (including debt recovery agents) and to Sky Leader’s related companies.
2.2 Sky Leader’s related purposes in holding your personal data is for:
(a) considering or applying Sky Leader’s credit policy to your application;
(b) ongoing credit management of your account, including collection of overdue payments;
(c) direct marketing.
2.3 Where you are in default of a payment to Sky Leader, you agree that Sky Leader or its agents may utilise information collected and recorded by Sky Leader in relation to your account to assist Sky Leader in the process of debt recovery.
2.4 The PDPP provides you with the right to ascertain whether Sky Leader holds data relating to you, to obtain a copy of that data and to correct any inaccurate data. Request for access and corrections should be addressed to:
Data Protection Officer
Sky Leader Limited
P.O. Box 11426 General Post Office Hong Kong
Phone: 2157 1579
Fax: 2907 6805
3. SERVICES
3.1 Services are made available to you on condition that you do not resupply or resell or otherwise make Services available to any person other than you or persons authorised by you, and that you do not use the Services in any way or for any purpose prohibited by law.
3.2 You agree to indemnify Sky Leader against any claims resulting from use of the Services provided to you whether engaged in by you or any other person.
3.3 You must keep confidential all passwords you have nominated to be connected with the Services. You agree that Sky Leader will disclose any information in connection with your accounts to anyone who correctly quotes your password.
3.4 Should you not wish to receive information about our Services in any form, you should inform us by writing to our Data Protection Officer.
4. OTHER CHARGES (ADMINISTRATIVE OR OTHERWISE)
4.1 The Sky Leader account holder will be liable for any other fees/charges incurred or charged to Sky Leader arising from the use of Services or payment of Sky Leader’s charges through nominated agencies.
5. CREDIT LIMIT
5.1 Sky Leader may impose a credit limit on your account and/or require payment of a security deposit or interim payment, at its sole discretion and at any time. Sky Leader may at any time apply your security deposit to meet any cost, loss or liability incurred as a result of your failure to comply with these terms or to pay any amount owed by you to Sky Leader or its related bodies corporate. Sky Leader may suspend the provision of the Services until you comply with this clause.
6. LIMITATION OF LIABILITY
6.1 Sky Leader does not warrant availability of the Services at all times or commencing the supply of Services at a certain time.
6.2 Sky Leader will make reasonable efforts to start providing the Services on the date as requested by you but shall not be liable to you or any third party for any costs, loss, liability, contribution, damages, consequential, indirect or economic loss whether caused by Sky Leader’s or its agent’s negligence arising from any failure, interruption or deficiency of Services or facilities provided under this Contract.
6.3 Sky Leader’s liability for any interruption, delay, error or defect in transmission, equipment or the Services provided under this Contract shall be limited to an amount equivalent to the Sky Leader charges incurred by you for the period of Services during which such circumstances occurred.
6.4 You must notify Sky Leader promptly in writing of any changes of your employment, office or home address and registered telephone number.
6.5 If you are absent from Hong Kong for more than one month, you shall provide written notice to Sky Leader with instructions for settlement of all accrued amounts due for the Services before your departure from Hong Kong.
7. PAYMENT FOR SERVICES
7.1 Sky Leader will use its best endeavours to bill you for your use of the Services within 180 days of use of the Services. Accordingly, bills for Services will generally be issued monthly. Sky Leader may vary billing frequency at any time without prior notice to you. You must pay any bill by its due date.
7.2 You agree that Sky Leader’s records are conclusive evidence of your use of the Services and the charges payable. The handling charge for verifying call record detail is HK$30 per transaction and will be added to your next bill if such process of verification is requested by you and it is proven that the subject call was billed correctly.
7.3 You may elect to have your bills paid by way of a direct debit from an account held by you at an approved financial institution or direct debit from a valid credit card nominated by you. If a direct debit is dishonoured, Sky Leader may impose a fee of HK$30 per the month in which the direct debit is dishonoured. Sky Leader may also impose administrative charges in respect to payment collection and issue of refund cheque. The fees will be added to your next bill.
7.4 Sky Leader may charge interest on any amounts not paid by you when due and such interest may be accrued until the date of payment. The interest will be calculated at a prime rate equivalent to the rate charged from time to time by the Hong Kong and Shanghai Bank or interest rate of 1.5% per month or 18% per annum. At its sole discretion and in addition to the interest mentioned in this clause, Sky Leader may charge a late payment fee of HK$30 on all outstanding amounts or suspend or disconnect your Services until payment is made by you. Should the Services be disconnected or suspended, you will be charged a reconnection fee in the event that you require the Services to be reconnected. Should you opt to pay your bills through an agency and a handling fee is charged to Sky Leader by that agency the said charge will be added to your bill.
7.5 Sky Leader will have the right to recover from you any costs incurred in respect of legal or debt collection agency services which we may incur to collect any sums which are outstanding from time to time.
8. YOUR LIABILITY
8.1 You and any person signing the application form on your behalf shall personally guarantee the payment in full for the Services and any late payment charges, including all other charges, legal costs and other costs incurred by Sky Leader or its agents due to late payment or other defaults in payment by you.
8.2 You shall be responsible for all authorised and unauthorised use of services through any direct connection facility used by you.
8.3 You will at all times comply fully with all legal and regulatory requirements applicable to use of the Services. If a call is placed which does not comply with such requirements, Sky Leader may block the call and/or charge you for the call at Sky Leader’s current applicable rate.
9. SUSPENSION/DISCONNECTION OF SERVICES
9.1 Sky Leader may suspend and/or disconnect your Services (at Sky Leader’s discretion) without prior notice included but not limited to any one of the following reasons:
(a) if you breach any of these terms and conditions or any term or condition of any other Contract with Sky Leader or its related body corporates;
(b) if Sky Leader is unable, for any reason including any act or omission of any provider, to (where relevant) supply or provide Services;
(c) if Sky Leader is unable to contact you at your notified address;
(d) if you do not pay any Sky Leader bill by the due date;
(e) if Sky Leader forms a view, based on information supplied by you or any credit agency or credit provider, that you may not be willing or able to meet obligations in relation to payment for Services;
(f) if you, or in Sky Leader's reasonable opinion, abuse the services Sky Leader provided to you;
(g) if you become or in Sky Leader’s reasonable opinion likely to become insolvent;
(h) if you die or commit an act of bankruptcy or in the case of a partnership, on dissolution or filing of an application for dissolution, or in the case of a company, on filing of an application for winding up, or appointment of an administrator; or if any information provided by you is in Sky Leader’s opinion, incorrect.
10. ALTERNATIVE PROVIDER OF SERVICES
10.1 Sky Leader may obtain an alternative provider to provide the Services to you. You agree to assignment of Sky Leader’s rights under this Contract to that alternative provider.
11. GOVERNING LAWS
11.1 These terms are governed by the laws of the Hong Kong Special Administrative Region.
11.2 Except as noted in clause 1 above, these terms are the entire Contract between you and Sky Leader in relation to the Services. All other representations and warranties are excluded unless contained herein.
12. DISPUTES
12.1 In case of disputes over the services charge, such as long distance call duration or any call transaction, the decision of Sky Leader based on records of Sky Leader, its carriers and its services providers shall be final and binding upon you.
12.2 Any invalid, unenforceable, or illegal terms will not affect enforceability of any other of these terms.
13. FORCE MAJEURE
13.1 Sky Leader shall be relieved of performance of its obligations under this Contract to the extent that the performance of its obligations shall be prevented or interfered with by reason of Force Majeure or other Act of God or not within the reasonable control of Sky Leader.
14. ASSIGNMENT OF RIGHTS
14.1 This Contract shall not be assigned or transferred by you to another party without the written approval of Sky Leader.
15. LANGUAGE OF THE CONTRACT
15.1 All documents shall be prepared in English or Chinese or both and where it is in Chinese or both, the English version shall prevail.
16. NOTICE
16.1 All notices required or given by you in association with the Contract shall be given in writing, sent by registered mail, with return receipt requested.
16.2 All notices required or given by Sky Leader in association with the Contract may be given in writing and sent by registered or unregistered mail or email to your registered address with Sky Leader.
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