The following terms and conditions, together with the regulations printed in the telephone directory, apply to the service agreement between CTM and the Internet Dedicated Customer (hereinafter called IDC) in respect of provision of and maintenance of CTM Internet Synchronous Leased Access (the Service) for connection with IDC Local Area Network (LAN).
1.1 CTM will provide a regular private data leased line for connection between the CTM Internet Node and the Data Terminating Unit (DTU) situated at IDC premises for onward connection with IDC equipment.
1.2 CTM will reserve the right to allocate the private data leased line in the CTM Internet Node according to the current configuration of network.
1.3 Except as otherwise specifically agreed, the IDC shall be responsible for the configuration of all such software as is necessary to be installed in his host computer to enable such computer to be properly connected to CTM Internet Services.
1.4 Service is only applicable to the routers installed in customer・s premises.
1.5 Commissioning test
(i) will be performed by CTM at the Ethernet port of the router at the IDC end if the router being installed in IDC end is rented from CTM;
(ii) will not be performed by CTM at the IDC end when the IDC has their own router configured by themselves.
1.6 CTM reserves the right to decide on the number of IP address provided to IDC.
1.7 The Service is not to be shared by other Internet Service Providers, Application Service Providers or any third parties (third parties either in the form of corporate entities or as individuals) for pecuniary, for any beneficial gains or for any other purposes.
1.8 The Service is only to be used for data transmission. Its use for the transmission of two way voice communications is not allowed.
1.9 Any company that subscribes Internet Synchronous Leased Access is offered to share or connect the Service with other personal computer(s) allocated within the same company at the same location. The Service is not allowed to be shared with any of the Customers affiliated companies, associated companies or subsidiaries, whether partially or wholly owned.
1.10 The Service provided under this Agreement is subject to CTM・s prevailing rate of charges from time to time and CTM reserves the right to vary the rate of the charges.
1.11 The Service shall not be used for rendering services which belong to CTM・s exclusive rights under its Concession Agreement without the prior approval of Direccao dos Servicos de Regulacao das Telecomunicacoes (DSRT).
1.12 The subscriber can use disk space on CTM Internet server to store data or files. If the data exceeds the free on-line data storage quota, then the subscriber will be charged at the approved rate.
1.13 E-mail storage should be within the stated storage level.
1.14 Customer ( Local or Overseas ) should submit enough supporting documents for any CTM service application, Official business registration, ID copy of company registered person ( Passport or ID copy). Overseas company must pay 3 months service rental in advance.
- Lead Time for Provision of Access
2.1 CTM shall use its best endeavor to provide the Services to an IDC within the shortest practicable lead time. However, CTM shall not be held liable for any loss or damage on the part of the IDC in consequence of any delayed delivery of service.
3.1 At IDC option, the router at IDC end of the data leased line may be provided by either CTM or the IDC. In the former case, CTM shall provide a router-to-router connection solution and the IDC shall pay CTM the applicable fee. In the latter case, the IDC shall be responsible for configuring their own router, which needs to be proven compatible with CTM Internet Network.
4.1 In the event that an alleged circuit breakdown is reported to CTM, CTM shall promptly investigate the cause and, except for faults which are originated outside CTM Internet Network, shall repair and restore the Service at the shortest practicable time.
4.2 It is CTM・s policy to continuously improve the quality of the Service. However, due to the distributed nature of Internet Service, CTM is not able to guarantee to any IDC for any bandwidth or response time which may have been indicated to the IDC either expressly or implicitly.
4.3 CTM shall not be held liable for any expense, liability, loss, claim and/or proceedings in respect of any loss of data, reputation, profit, revenue whatsoever arising out of any non-delivery of service, service interruption, network malfunction or mistaken delivery of information, whether caused by CTM or its employees.
4.4 CTM has the right to temporarily disconnect any IDC access at any time without notice if this is considered by CTM as necessary to prevent its Internet Network from exposing to an unacceptable risk of system malfunction or to safeguard the Internet users.
4.5 In the event of an alleged network fault, and if, during its investigation as provided in 4.1 above, CTM demonstrates that such fault is originated from outside its Internet network, CTM will,
(i) in the case of a faulty IDC provided router
replace the faulty router either with a normal one to be provided by CTM (subject to
availability and without liability) in such a way that the down time could be
minimized and charge him an applicable fee.
(ii) In all other cases
notify the IDC concerned of the result and charge him an applicable fee.
4.6 Each IDC shall provide a 24-hour contact point which shall have sufficient delegated authority to implement any network maintenance and administrative instructions given by CTM.
5.1 The IDC shall be responsible for the payment of all amounts due to CTM as shown on the relevant invoice as a result of using the Service.
5.2 The IDC is required to satisfy an installation fee, which includes the DDN circuit and the registration of IP addresses.
5.3 Monthly charges include the DDN circuit rental and the transfer of unlimited data, as well as the maintenance of IP addresses.
5.4 The monthly usage charge for the Service shall be levied to the IDC from the date of successful installation.
5.5 Each removal, either internal or external, shall be charged with the approved installation fee.
5.6 Each change of service details as requested by the IDC shall be charged with the respective approved tariff.
5.7 The invoice shall be paid within 20 days from the issue date. Failure to do so may result in the suspension of all CTM provided services subscribed by the IDC and CTM reserves the right to start a lawsuit in respect of late payments. During the suspension of service, the corresponding monthly usage charges will continue to apply and CTM shall only reconnect the provision of the Service against payment of a reconnection fee and until the IDC has settled all outstanding payments.
5.8 The Customer agrees and accepts to pay in advance for the Internet Service monthly charge in the previous month and the additional usage charge will only be paid after presentation of the subsequent month・s bill.
5.9 In the event of any dispute between CTM and the IDC relating to any charges billed by CTM, the books and records of CTM shall be conclusive evidence of all such charges incurred by the IDC.
6.1 CTM shall have the right at anytime to require the IDC to provide a deposit to CTM as security for payment of all charges hereunder for the use of the Service and for any loss or damage incurred or sustained by CTM as a result of any non-observance or non performance on the part of the IDC of any terms, conditions or obligations under this Agreement. The amount of the deposit shall be determined by CTM at its sole discretion.
6.2 Prior to reconnecting the Service CTM may request a deposit to be made if the Service was disconnected due to outstanding payment.
- Suspension and Termination
7.1 CTM shall have the right to terminate this Agreement or temporarily suspend the provision of the Service without prior notice in any of the following events:
7.1.1 if any incurred charges remain unpaid after becoming due;
7.1.2 if the IDC commits any breach of this Agreement;
7.1.3 if the IDC uses the Service for the purposes outlined in clause 8.2;
7.1.4 if any of the information specified by the IDC in the Application Form is found to be false.
7.2 If the IDC wishes to terminate this Agreement, he/she shall notify CTM by a written request.
7.3 CTM shall be entitled to delete all IDC・s data stored in its storing devices if this Agreement has been terminated under clause 7.1 and 7.2 and CTM has no obligation to make those data available to the IDC.
7.4 CTM shall not be held liable for any losses or damages which may arise from termination of this Agreement or suspension of the Service under this clause 7.
7.5 Upon suspension of the Service, disregarding any form of reason, CTM reserves the right to recover any facility, equipment and IP address which has been assigned by CTM to IDC.
7.6 CTM reserves the right to disconnect and withdraw any particular information, facility, equipment and IP address which has been assigned by CTM to IDC upon termination of this agreement and the Service.
8.1 The IDC shall be fully responsible for any unlawful use of the Service.
8.2 The Service shall not be used for communications that:
8.2.1 are intended to disturb other Internet users;
8.2.2 encourage violence or are intended to alter peace and public safety;
8.2.3 are intended to organize crime and offences;
8.2.4 are intended to prevent any legal proceedings covering criminal investigation or criminal pursuit;
8.2.5 allow the spreading of rumor;
8.2.6are indecent or pornographic;
8.2.7 are intended to compete with CTM・s exclusive rights under its Concession Agreement;
8.2.8 are intended to broadcast unsolicited advertising materials;
8.3 The IDC・s right to use the Service is personal and non-transferable.
8.4 The IDC shall indemnify CTM against all actions, proceedings, damages, costs, claims or losses which may be sustained by CTM in connection with any use of the Service.
8.5 The IDC acknowledges and agrees that CTM may check his/her storage space as assigned by CTM to the IDC in CTM server(s) if required to do so by law or if in good faith CTM reasonably believe that such checking is necessary to:
(i) enforce the terms of this Agreement;
(ii) respond to claim(s) by third parties that the IDC・s use or any other person・s use of the Service violates their rights, is illegal or improper; or
(iiI )to protect the rights (including but not limited to property rights) or safety of the Service and its users, other web sites or the public.
8.6 CTM reserves the right to disconnect or deactivate without any prior notice any of the IDC・s equipment or software that is found to cause malfunctioning of the Service or to interfere with any of the IDC・s services, until such time as the deficiency has been cleared by the IDC.
8.7 CTM shall undertake to make the necessary arrangements for ensuring and enforcing that all data transmitted through the Service be kept confidential. However CTM shall not be held responsible if the aforementioned arrangements fail to ensure or enforce data transmission confidentiality.
9.1 Each reconnection of the Service shall be charged with the respective approved tariff. Regardless of the number of telecommunications services that have been suspended or terminated, only one reconnection charge shall be due.
9.2 In the event that the Service has been suspended or terminated for the reasons set out in clause 7 (Suspension and Termination) or upon the request of the IDC, CTM may at its sole discretion,reconnect the private data lease line service, provided the IDC settles all outstanding charges.
- Signatory and Verification of Documents
10.1 If the IDC is registered under the name of a company, this Agreement must be signed by the company・s director or manager with the company stamp and provision of valid business registration certificate.
10.2 If the IDC is registered under the name of an individual or corporate business, this Agreement shall be signed by its proprietor with the company stamp. CTM reserves the right to request the applicant to produce a copy of its business registration certificate if necessary.
10.3 All individual IDC registered must be over the age of eighteen. In addition to obtaining and verifying a copy of the IDC・s valid Identity Card, CTM reserves the right to have a personal guarantee for reference if necessary.
10.4 If requested byCTM, the IDC shall provide all necessary documents to verify the truth or correctness of the information of the documents furnished by the IDC.
11.1 CTM reserves the right to make changes to this Agreement providing that notice of such changes is given to the IDC or that such changes are posted at any of CTM・s web pages.
- Force Majeure
12.1 CTM shall not be under any liability for loss or damage resulting from delay or failure to perform these terms and conditions either in whole or in part where such delay or failure is due to a cause beyond its reasonable control, or which is not occasioned by its fault or gross negligence. Including but not limited to war, the threat of imminent war, riots or other acts of civil disobedience, insurrection, restraints imposed by governments or any other supranational legal authority or any other industrial disputes, epidemic, fire, explosion, tropical storms, earthquakes and other natural calamities.