Mobile Service Subscription Agreement

  • China Telecom Corporation Limited Shanghai Branch Mobile Service Subscription Agreement




    In order to safeguard the interests of both parties and in compliance with relevant law and regulations, China Telecom Corporation Shanghai Branch (“China Telecom”) enters into the following mobile service subscription agreement with the Customer in equal, voluntary, fair and honest terms:

     

    1.  Network Service

    1.1 China Telecom should announce the network coverage and roaming coverage through the channels stipulated in this agreement, and provide network services, customer service and all other telecommunication services requested by the Customer within the coverage. If the Customer requires telecommunication services not included in the default services, they should complete all procedures according to the requirement of China Telecom and pay the relevant service fees. International roaming services are only offered within the service coverage of the telecommunication operators with which China Telecom has signed roaming service agreements.

    1.2 The network service provided by China Telecom meets the State standards for telecommunication service quality.

    1.3 China Telecom safeguards the Customer’s freedom and secrecy of communication according to the law.

    2. Mobile Service Subscription Requirements

    2.1 When applying for and making changes to mobile service subscription, the Customer is required to present the following documents:

    2.1.1 For personal customers: genuine and valid original identification document of the Customer (the authorized representative of the Customer (if applicable) should also present the customer’s and their genuine and valid original identification document); valid identification documents include Resident ID card, Military/Police Officer ID card and passport;

    2.1.2 For organization customers: genuine and valid registration documents of the organization, reference letter issued by the organization, and the original identification document of the representative.

    2.2 The Customer should use mobile communication devices bearing the “network access permit” label issued by the State. In the case of services not included in the default services, the Customer’s mobile communication device(s) should be equipped with the relevant functions. Otherwise, the selected services may not be supported and the Customer shall be liable for all losses incurred.

    2.3 If China Telecom requires that the Customer provides a guarantor, they should complete the relevant guarantee procedures.

    3. Customer Information

    3.1 The Customer should ensure that the information provided when applying for mobile service subscription is valid, true and complete. They are obliged to help China Telecom validate the said information. During the validity period of this agreement, the Customer should contact China Telecom to update any change in the registration information. In the case that this agreement cannot be fulfilled due to inaccurate information provided by the Customer, and the Customer cannot be reached in time to update the information, China Telecom reserves the right to suspend the Customer’s network service.

    3.2 The user password is an important form of identification when the Customer gets in touch with China Telecom for customer service requests. Unless otherwise agreed or stated, all service subscription and modification made with the user password are considered to have been made by the Customer or their authorized representative. The Customer should change their initial user password immediately after service commencement and keep it safe at all times. The Customer shall be liable for all losses incurred because the user password is leaked to or obtained by third parties through themselves. However, China Telecom shall be obliged to assist the Customer or the police in investigating such matters.

    3.3 China Telecom is legally obliged to keep all customer information confidential. However, when establishing communication with the Customer regarding service improvements, China Telecom may use the customer information related to this agreement.

    4. Standard Rates and Payment of Service Fees

    4.1 China Telecom should set standard rates within range permitted by the State, and notify the Customer of the standard rates for service fees, service fee calculation and payment due date in the channels stipulated in this agreement; the Customer should pay all service charges before the due date specified by China Telecom.

    4.2 In the case of telecommunication charge adjustment by the State, the new charges shall be implemented according to the State’s requirement; in the case of package fee adjustment by China Telecom, the new charges shall be implemented when the Customer’s selected package becomes effective.

    4.3 Charges are calculated on a monthly basis, i.e. from the first day of the month to the last day. (Since it is possible for delay to occur when generating and handling account statements, charges incurred in a particular month may be billed in the following month.)

    4.4 Depending to the service type, the Customer is required to pay the service fees on a “pre-paid” or “post-paid” basis. With the exception of special agreement, customers of post-paid services should pay the service fees monthly. Between the sixth day and the last day of each month, service fees for the previous month should be paid. Customers of prepaid services should deposit funds in their account and top up promptly if the account balance is insufficient to pay the fees for the selected services.

    4.5 If the Customer fails to settle payment before the due date, China Telecom reserves the right to suspend the Customer’s service; customers with outstanding account balances are liable to a contract violation penalty equivalent to 3‰ of the outstanding account balance per day (except when it is China Telecom’s responsibility that the Customer could not settle payment on time); after the Customer settle the outstanding account balance and paid the contract violation penalty, China Telecom should reactivate the Customer’s network service within 24 hours.

    4.6 In the case of outstanding payment, the Customer shall not be able to access any service other than payment (with the exception of dialing the emergency numbers, Fire 119, Police 110, Accident and Emergency 120 and Traffic Accident 122).

    4.7 If the Customer would like to subscribe to third-party value added services or other chargeable services, China Telecom may collect information charges and service fees on behalf of the third party/parties (e.g. collecting SP information charges from the Customer).

    4.8 If the Customer would like to pay the service fees through their bank or cancel such payment arrangements, they should complete the relevant procedures at the bank.

    5. Risk Control

    5.1 The Customer should keep their mobile communication device(s) and user password safe from unauthorized use. If there is an abnormal increase in service fees and the Customer is suspicious, they should dial our Customer Service hotline 10000 or visit our sales outlets to have their service suspended and report the incident to the police. China Telecom shall assist the police in their investigation to the best of our ability.

    5.2 If the Customer’s unpaid service fees exceed the credit limit specified by China Telecom, they should settle payment promptly. Otherwise, China Telecom reserves the right to suspend the Customer’s service. (The agreed payment due date does not apply if service is suspended because the account balance has exceeded the credit limit.)

    6. Customer Service

    6.1 The telecommunication services offered by China Telecom, together with the service validity period, service scope, standard rates, Terms and Conditions and payment requirements, are displayed at our sales outlets.

    6.2 China Telecom has set up the Customer Service Hotline 10000 for customers to get in touch with us about network services, business promotions and promotion campaigns. China Telecom also provides connection to the emergency numbers, Fire 119, Police 110, Accident and Emergency 120 and Traffic Accident 122, free of charge, and strives to ensure that customers can get through the lines.

    6.3 The Customer can enquire about their detailed call log and itemized monthly statement in the past five months (excluding the present month) free of charge. China Telecom will provide verified and detailed answers to the Customer’s questions about billing.

    6.4 China Telecom should obtain consent from the Customer before providing chargeable services to them. Irrespective of the ways in which service subscription is applied for, China Telecom should keep the application record for at least five months. Should the Customer contest the service subscription, they should get in touch with China Telecom within this period. No service charge should be collected if the said service is provided to the Customer as a trial offer.

    6.5 With regard to customer request for service commencement/termination, China Telecom pledges to complete the relevant procedures within the committed time (except when the two sides have agreed on other arrangements). If China Telecom fails to commence/terminate the service within the committed time, the Customer shall not be liable for any unreasonable charges incurred.

    6.6 If service may be disrupted due to foreseeable circumstances, such as equipment relocation, project cut-over, network and software upgrade, China Telecom should inform the Customer through the channels stipulated in this agreement 72 hours in advance.

    6.7 In the case of mobile network failure, China Telecom should repair the failure within 48 hours of the Customer’s report of the problem. Mobile network failure refers to failure not resulting from the Customer’s mobile communication device(s).

    6.8 Upon expiry of this agreement, China Telecom reserves the right to reclaim the Customer’s mobile number and allocate it to other customers after a certain period of time. To safeguard the Customer’s rights, China Telecom may only allocate a “reclaimed number” to other customers after a 90-day period.

    6.9 In the case of service suspension in accordance with this agreement, China Telecom should inform the Customer by SMS in advance.

    7. Change and Transfer of Number

    7.1 If the Customer’s mobile number needs to be changed not to the Customer’s accord, China Telecom should inform the Customer at least 45 days in advance. The Customer should be notified of the new mobile number at least 15 days in advance. After the new number becomes effective, China Telecom should provide a number change message for the old number for least 45 days.

    7.2 If the Customer would like to transfer the right to use their mobile number to another party, they should first pay all service fees and contract violation penalty (if any). Both parties involved in the number transfer should visit the designated China Telecom sales outlet with their valid identification documents to complete the relevant procedures.

    8. UIM Card Requirement

    The Customer can set or remove the personal identification number (PIN) of their UIM card (initial PIN is 1234). If the wrong PIN is keyed in three times, the card will be locked. In the case that the UIM card is locked, the Customer should not unlock the card themselves. They should visit the sales outlet of China Telecom with their valid identification document to have the card unlocked. If the UIM card is damaged and permanently blocked due to mishandling by the Customer, they are liable to pay the card replacement charge.

    9. Force Majeure

    If this agreement or part of this agreement cannot be fulfilled due to force majeure events, both sides can be discharged from their liability partially or fully.

    10. Technical Advancement

    If due to technical advancement and with permission from the relevant State department(s), China Telecom can no longer fulfill this agreement following full-scale new generation mobile communication network upgrade, an announcement should be made at least 90 days in advance and a feasible solution should be proposed. The Customer can negotiate with China Telecom regarding the solution, but they cannot demand China Telecom to continue to fulfill this agreement.

    11. Changes to the Agreement

    All service pledges not included in this agreement but are announced in writing and other channels stipulated in this agreement automatically becomes a part of this agreement, except when customer obligation is defined and when their liability is unreasonably increased. If the standard of the pledge announced is lower than that stipulated in this agreement, this agreement shall prevail.

    12. Termination of Agreement

    12.1 If the Customer would like to terminate their network services, they should first pay all relevant fees (including the contract violation penalty which may be applicable). Any remaining funds in the account should be refunded to the Customer or handled according to the arrangement agreed by both sides (if applicable).

    12.2 Under the following circumstances, China Telecom may terminate this agreement one-sidedly and reclaim the mobile number:

    (1) If when applying for mobile service subscription, the Customer provides false registration information that poses risks to China Telecom’s operation;

    (2) If the number is deemed by the court to have been used in criminal activities or for other inappropriate purposes;

    (3) If the Customer has not paid the service fees and contract violation penalty 60 days after service suspension, or if registration information has not been updated 60 days after service suspension;

    (4) If the Customer has committed acts in violation of relevant law and regulations, and terms and conditions.

    13. Resolution of Dispute

    All disputes arising from or related to this agreement should initially be resolved through mediation. In the case that no agreement can be reached through mediation, the Customer may file a complaint with telecommunications administration department or consumer association. The two sides can also seek a ruling on the dispute from the people’s court.

    14. Supplementary Articles

    14.1 The Customer Registration Form, other forms and supplementary agreements signed by the Customer automatically become a part of this agreement. If the content of those documents contradicts the terms and conditions in this agreement, the content of the Customer Registration Form and the other documents shall prevail.

    14.2 China Telecom may make announcements regarding its services through the following channels: phone, broadcast, SMS, television, public notice, mail, newspaper and the Internet.

    14.3 China Telecom reserves the right to adjust or change the service functions, method of operation and service numbers of its telecommunication services due to technical advancements or State policy changes, but is obliged to inform the Customer in advance and propose relevant solutions.

    14.4 This agreement becomes effective on the day the Customer or their representative signs the Customer Registration Form.

     

    Original Chinese Text

     

     

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