Service Agreement

  • China Telecom Corporation Shanghai Branch Service Agreement

    In order to protect the interest of both parties, China Telecom Corporation Shanghai Branch (hereinafter "the telecom corporation") comes to an agreement with customer(s) concerning telecom service(s) and the related affairs in accordance with the laws and regulations based on equality, voluntarily, equity and honesty.

    Clause 1. Scope of Service

       1.1 The telecom corporation provides customers with service by referring to the customer's choice. Customers accept the telecom corporation's service with the conditions and clauses stipulated in this agreement.

    Clause 2. Application of Service

       2.1 Customers shall provide all information specified below for registration:

    2.1.1 Individual customers shall provide the telecom corporation with real, valid and original identity documents of his or her own self. For anyone who is appointed to operate, apply for or handle telecom service content(s) (hereinafter "the agent") for the service user (hereinafter the client), the agent shall provide the telecom corporation with the agent's real and original copy of identity document and the client's real and original copy of identity document.

    2.1.2 Corporate customers shall provide the telecom corporation with real and valid original document of corporate registration and all the related documents required, together with the agent's valid and original identity document.

       2.2 For customer(s) who apply for service through 10000 service hotline, online service center or self-served terminal with the customer(s)' own password, information and documents specified in 2.1 may be exempted unless other specified or agreed.

       2.3 For customer(s) who have neither local household registration nor local registered location, the customer(s) shall complete the guarantee paperwork in guidance of the telecom corporation. Or the customer(s) shall apply for the service with valid document as per required for applying for or handling any pre-paid service.

    Clause 3. Information of Customers

       3.1 Customers shall provide the telecom corporation with real and valid information for applying for services and handling service-related affair(s). During the effective period of this agreement, customers shall be held responsible for informing the telecom corporation in any case of change(s) or modification in customer(s)' information.

       3.2 The telecom corporation shall be responsible for making customer(s)' information private and confidential. However, for the reason of communication with customers, improvement of services, the telecom corporation reserves the right of using any information of customers regarding this agreement.

       3.3 Passwords of customer are important information. Therefore, the initial password shall be changed by customers as soon as possible and shall keep the password secret and confidential. In case of any loss or theft of customer(s)' password, the customer shall immediately notify the telecom corporation or shall make changes as soon as possible. The telecom corporation shall not be held responsible for any loss caused by loss of password or theft due to customers reasons.

    Clause 4. Service

       4.1 Customers have the right to voluntarily select any service offered and operated by the telecom corporation. Meanwhile, customers have the right to select voluntarily their device of accessing the telecom network.

       4.2 Customers shall obey national laws, regulations, rules and other related articles when using telecom service.

       4.3 Any transfer of this agreement to a third party without the consent of the telecom corporation, regardless if it is partial or wholly, shall have no legal effectiveness to the telecom corporation.

       4.4 After the termination of this agreement, the telecom corporation reserves the right of retrieving the phone number offered to customers for service operation. The telecom corporation may re-distribute the number for other customer(s)' usage.

    Clause 5. Charging Standard and Paying Method

       5.1 The telecom corporation charges customers in accordance with the legal and confirmed standard charging scheme. Customers shall settle the charges before the specified deadline and with the adequate amount.

       5.2 By referring to the telecom service selected, customers shall settle charges on pre-paid or post-paid payment basis. Unless other specified, post-paid payment basis requires customer to pay month by month. Pre-paid payment basis requires a deposit of customer(s). In case there is insufficient balance in the account for settling the service charge incurred, a top-up shall be made promptly.

       5.3 For customers who pay through banks, and wish to terminate or apply for such bank services for paying the telecom charges, those customers are required to visit the bank or other related institutions for handling the paperwork and procedures.

       5.4 The telecom corporation reserves the right to recall the charges from customers who fail to settle the telecom charges by the deadline. Moreover, in case of any overdue of telecom charges, the customer(s) concerned shall pay to the telecom corporation an amount equal to 3% of the overdue charge as liquidated damages per day.

       5.5 In case of existence of any overdue, no service can be applied for and be handled unless the overdue and the liquidated damages are settled.

       5.6 For any change made by the government concerning telecom charging standard, the new standard becomes effective in accordance with the time and date assigned by the government. For any change made by the telecom corporation concerning discount schemes, the new scheme become effective in accordance with the time and date mentioned in the discount schemes and the discount standard.

    Clause 6. Service Quality and Customer Service

       6.1 The telecom corporation promises service of quality no lower than "Telecom Service Specification" shall be provided in the scope of network coverage.

       6.2 The telecom corporation announces telecom related service, service durations, service scope, charging standard, regulations of use, regulations of charge settlement and other information in business venues.

       6.3 The telecom corporation accepts service applications and service failure, offers consultation, enquiry and other services through "10000" customer service hotline, sales outlets and various other means.

       6.4 The telecom corporation shall be held responsible for providing testing and maintenance of the network operated. Customers shall be held responsible for the installation, testing and maintenance of the device that access the network operated by the telecom corporation.

       6.5 Any other service promises made by the telecom corporation through means other than notice and out of this agreement serve as a part of this agreement automatically, but any clause added out of this agreement which set up obligation or unreasonably increase the customers' responsibility are excluded.

    Clause 7. Suspension and termination of the agreement

       7.1 Unless with otherwise-stated mutual consent, customers may suspend any telecom service in operation after the settlement of all charges. However, all paperwork and procedures concerning the suspension shall be completed and the charges incurred during the suspension shall be settled meanwhile.

       7.2 In any situation(s) below, the telecom corporation may suspend part of or all of the service(s) as agreed in this agreement: the information provided by the customer is not real or is invalid; any installation made without the permission of network access, which may affect the network safety or may affect any facilities concerning the network service quality; without the completion of paperwork and procedure required, the customer changes the nature of telecom service without the consent of the telecom corporation; customer(s) of post-paid service fail to settle overdue noticed by the telecom corporation for 30 days; customer(s) of pre-paid service have the account balance of lower than CNY 0, or have the contract expired.

       7.3 Unless with otherwise-stated mutual consent, after customer's settlement of telecom charges and the related liquidated damages, service termination or account transfer can be applied, this agreement shall be terminated accordingly.

       7.4 The telecom corporation may terminate the service operating and this agreement in case of any situation below: customers using telecom service in guaranteed basis violate the guarantee terms and conditions or the guaranteed party is proved to be unable to perform the obligation with firm evidence.

       7.5 The telecom corporation may suspend or terminate the telecom service provided in case the customer is found to be violating the related laws, regulations and rules.

    Clause 8. Force Majeure

       8.1 Neither the telecom corporation nor the customer shall be held responsible for any force majeure which made any failure in performing this agreement, such as war, natural disaster, etc.

    Clause 9. Resolving Disputes

       9.1 Any dispute(s) which is led by this agreement or related to this agreement should be resolved by consultation with the principle of mutual benefit basis. In case the consultation failed to turn into an agreement, customers may appeal to the telecom management department, consumer council or other related departments. Both parties may file the case to the people's court with jurisdiction for judgment on the dispute.

    Clause 10. Appendix

       10.1 The service registration form serves as a part of this agreement. If the service registration form and this agreement conflict with each other, the service registration form shall apply and prevail.

       10.2 The telecom corporation reserves the right to make adjustment of the telecom function, operation method, phone number for the service and any other related conditions due to reasons such as the improvement in technology or the change in government policy.

       10.3 The telecom corporation may make service notice and service announcement through phone calls, radio broadcasts, SMS, TV broadcast, public posting, letter, newspaper, Internet or any other method.

       10.4 This agreement is valid in the day once after signed or sealed on the service registration form by the client and the customer or the appointed agent.

       10.5 This agreement is triplicated. The telecom corporation and the customer both keep one copy. The remaining copy is kept by the mobile terminal provider.

    Disclaimer

    "This document is an English translation of the original Simplified Chinese text. In the event of discrepancies between the original Simplified Chinese text and the English translation, the Simplified Chinese text shall prevail. For inquiry, please contact China Telecom via Customer Service Hotline 10000 or visit our sales outlets."

    Original Chinese Text

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