1. Definition

Unless otherwise stated, the texts and wordings below have following meanings:

"Agreement" refers to Application, general terms and special terms.

"Application" refers to oral, written or Internet application of any Customer to demand Service and/or equipment or application made in any other way accepted by Himorale.

"Expense" refers to the fees and charges for Services provided by Himorale, including but not limited to connection fees, Application fees, monthly fees/communication fees, government license fees, administrative expenses, payable sum under any agreement and other fees charged by Himorale upon prior notice to Customer.

"Customer" refers to the Customer indicated in the Application.

"Day" shall include public holidays and Sundays.

"Equipment" (if applicable) refers to any equipment (including hardware and software) Himorale uses to provide Service, including but not limited to equipment provided, installed or placed at Customer premise by Himorale or equipment (if applicable) provided to Customer in the Application period.

"General terms" refers to terms and its revisions now and then listed here.

"License" refers to one or a number of licenses Hong Kong Office of the Telecommunication Authority grants to Himorale over the relevant Services provided by Himorale.

"Hong Kong" refers to Hong Kong Special Administrative Region, PRC.

"Himorale" refers to Hong Kong Himorale Development Co., Ltd.

"Information" has the same meaning as Hong Kong Telecommunications Ordinance (Chapter 106).

"Network" refers to the public telecommunication system Himorale uses to provide relevant Services.

"People" shall include companies, sole proprietorship companies, partner companies and other corporate bodies.

"Service" refers to the Service any Customer demands in the Application and the Service the Customer designates in other way and Himorale agrees to provide.

"Special terms" refers to supplementary terms Himorale designates and applies to Services.

"Hong Kong Office of the Telecommunication Authority" refers to the Office of the Telecommunications Authority (OFTA) of the Hong Kong Special Administrative Region.Who is the statutory body responsible for regulating the telecommunications industry in Hong Kong.

2. Agreement

The Agreement entered into between Himorale and Customer enters into force upon the reception of Customer Application by Himorale [i.e., start to provide Customer with Service, or Himorale starts to conduct any preparatory work or relevant work before providing Customer with Service, or any other way laid down by Himorale to inform the Customer], the Agreement shall continue to be in force until it is terminated pursuant to the terms of Agreement.

3. Charges and Expenses

Customer agrees: Regardless the Service is used by Customer or any third party, with the authorization or Agreement of Customer or not, the Customer shall pay for the Service provided. Unless otherwise stated or laid down by Himorale, all prepaid expenses will not be refunded. Himorale may amend and increase expenses at any time and conduct according to relevant license (if applicable). Customer admits that Himorale’s agent may send bill to him/her on behalf of Himorale, and that bill will be as valid as it is sent out by Himorale and does not harm the right of Himorale to claim compensation from the Customer afterwards. Unless otherwise stated, Customer agrees that the “free minutes/time/call time” designated in the charge or Service plan applied or selected by Customer (or granted to Customer), if not fully used, the unused portion shall not be transferred to next month, and when all or partial Service is out of operation, under limited operation, suspended operation or can not be used by Customer due to other reasons, there will be no any refund. In case any dispute arises in any thing associated with the use or charge of Service, the use logs of Himorale and any third party assisting Himorale in providing Service will be the final results, and are binding to Customer.

4. Provide Service

Himorale will do its best to provide Service, but if any of following issues occurs, Himorale is entitled to suspend all or partial Services at any time without informing Customers in advance: (i) Himorale deems it is necessary to suspend Service temporarily to protect the integrity of Service or network provided; (ii) Network or equipment is out of order or needs improvement or maintenance; (iii) Himorale has good reason to believe the Service has been used without authorization or used illegally; or the use of Service or equipment by Customer is harming or interfering or may harm or interfere Himorale’s network or equipment; (iv) Himorale must abide by the instruction or requirement issued by relevant governmental departments; (v) Customer does not abide by any terms of the agreement or under any circumstance in which Himorale is entitled to terminate agreement. During the Service suspension period, Customer still has to pay all expenses, unless Himorale exercises its rights to exempt. In case Customer does not abide by any terms of the agreement or there is any circumstance in which Himorale is entitled to terminate agreement, Himorale can stop providing all or partial Services. Customer still has to pay all expenses prior to the stop of Service. Himorale reserves the right to charge re-connection expense and demand to amend terms and conditions (including payment condition).

5. Terminate/Rescind Agreement

Under any of following circumstances, Himorale is entitled to terminate all or partial terms or any Service of the Agreement immediately, if Himorale deems:(i) Customer fails to pay the expense owed to Himorale in arrears prior to the expiration date;(ii) Customer breaches any terms of the Agreement, or fails to abide by reasonable rules of the use of network or Service of Himorale;(iii) Customer is financially unable to pay debts, or is out of business, or Himorale has good reason to believe the Customer is financially unable to pay expense; (iv) Any unauthorized amendment, modification or usurp is found in the equipment used to provide Service to Customer; (v) Himorale needs to terminate the use of network (if applicable) or any Service due to any reason; (vi) Any data provided by the Customer is found to be unreal or Himorale has good reason to believe these datum are unreal or incorrect.(vii) If Customer has registered more than one Service in Himorale, but failed to pay the expense of any Service or the expense under any phone number of the Customer, Himorale is entitled to stop or suspend all or partial Services of Customer immediately.(viii) The termination of Agreement does not affect any right and obligation accrued prior to the termination of the Agreement.

6. Limit of Liability

Under the circumstance of not contradicting following: (i) In case due to the happening of any thing which goes beyond the power of Himorale (including but not limited to natural disaster, industrial action, the breach of contract or negligence of a third party, governmental action), interruption of Service, or denial of Service by Himorale pursuant to the stipulation of Agreement, Himorale fails to fulfill duty or provide Service to Customer, Himorale does not assume any liability to Customer. (ii) Unless otherwise stated by the Agreement, all terms, assurances and statements not explicitly stated by laws associated with the provision of equipment and Service by Himorale are excluded here. (iii) Any loss, damage or harm caused to Customer or anybody associated with the Agreement or associated with any Service or equipment provided or not provided pursuant to Agreement, regardless in contract, right infringement action or other way, direct or indirect, occurred afterward or accidentally, predictable or unpredictable, including but not limited to any financial loss or any loss of business, profit, saving, revenue, data, goodwill or use of any equipment, Himorale, its employee, agents or contractors do not assume any liability. (iv) Under the circumstance of not limiting paragraphs (ii) and (iii) above, for any expenses, spending, loss, damage or compensation caused by wrong recording, omission, transmission, communication, confusion, disclosure or destroy of any message, Himorale and third party vendors including but not limited to data providers do not assume any liability to Customer or anybody (regardless it is right infringement action or contract or other circumstance).Any compensation claim raised by Customer to Himorale over the Agreement shall be delivered to Himorale in written form within one year since the accident causing the compensation claim occurred. The failure of Customer in sending the notice within the afore-mentioned one year will be viewed as giving up the right to claim compensation.This article does not limit or rule out those liabilities not allowed to limit or rule out under Hong Kong laws and regulations.The rights, exemption of liability and limit terms of this sixth article also apply to employees, agents and contractors of Himorale, as if these terms have been made to define their interests. As far as the sixth article is concerned, Himorale represents not only itself in entering into the agreement, but also represents these employees, agents and contractors in the capacity of agent and trustee.

7. Customer Agrees

Customer will not use the Service in any improper, unethical, libel or illegal purposes or unsolicited advertising message or promotion or allow other persons to use Service this way. Customer shall use only equipment approved to be used in network and abide by all relevant laws, regulations and rules. Customer shall not conduct any action that impedes or damages the operation of network, or other legal Service, or the provision of equipment or Service. Customer shall not disclose to anybody any private password or password login identity Himorale gives to the Customer and to be used together with Service, or other access method Himorale givens in written authorization, depending upon the specific case. In case the Customer knows anybody uses the Service with the private password given to Customer without permission, or Customer believes his or her private password is lost or has been stolen, the Customer shall notify Himorale immediately. For any loss or damage caused to such Customer by the use of such Service, private password, registered identity or password, Himorale does not assume any liability. Customer must abide by any reasonable instruction of Himorale associated with use of Service by Customer, Hong Kong laws and regulations and other applicable laws.In applying for Service, Customer must declare to Himorale correct and complete data (including but not limited to name, address, phone number, ID card number or commercial registration certificate number, depending on the requirement), in case any change or amendment happens to such data, the Customer shall notify Himorale as soon as possible. Customer will not obtain any interest or rights of the information acquired through the subscribed information Service, and it agrees not to transfer or disseminate such information to any third party. Customer also agrees to use such information only for personal purpose, and will not use all or partial information for any illegal or improper Application.

8. Customer Data

Customer confirms and agrees all relevant data provided over the Agreement will be handled with by Himorale pursuant to policy and practice made according to Personal Information (Privacy) Regulation.

9. Other Terms

Unless there is any special terms or otherwise stated, the present Agreement constitutes the complete and sole Agreement entered into between Customer and Himorale over the Service and/or equipment recorded in relevant Application. The present Agreement replaces all understanding or previous agreement, all statement or other communications over the Service recorded in relevant Application entered into between Customer and Himorale, regardless in oral or written form. Prior to the consent of Himorale in written form, Customer shall not transfer, present, license to or give to anybody in any form any rights and liabilities of the Agreement, regardless all or part. Customer agrees to compensate all losses, damages and expenses Himorale suffers in executing the Agreement for the Customer. Himorale is under no obligation to verify the correctness or authorization of seemingly signature or seal of Customer or its representatives. The seal, commercial seal, private seal, signature or stamp of any authorized signer in the Agreement is binding to the Customer, Himorale irrevocably obtains the authorization to rely upon any form, letter or file seemingly to be signed by Customer or its representative. Failing to exercise or delay in exercising any right, power or remedy stated in the Agreement shall not be viewed as waiver of right. The exercise of any right, power or remedy by Himorale alone or partial exercise of any right, power or remedy shall not be viewed as waiver of right. Right, power and remedy stated by the Agreement are accumulative and do not rule out any right, power or remedy provided in law. Any exemption, franchise or extra time Himorale may permit to the Customer is limited to be given under the special case of such rights. Such kind of stipulation does not affect the rights of Himorale in any other regards of the Agreement. In case any terms or condition of the Agreement is forbidden by law or is unenforceable pursuant to law, then only the forbidden or unenforceable part is invalid, and all other terms remain valid. Himorale reserves the rights to amend, increase or decrease terms and conditions of the Agreement, any revision and/or addition or supplement at any time, regardless the Customer knows it or not. It will enter into force upon publishing or showing or informing Customer in any way Himorale deems fit, regardless the Customer truly knows or confirms. The continuance of using such Service after the effect-taking date by the Customer will be viewed as accepting the change without disagreement. General terms are subject to special terms (if available), if these two disagrees, as far as the disagreed part is concerned, the special terms shall prevail. The Agreement is governed by Hong Kong laws and Customer is subject to the non-exclusive jurisdiction of proper court in Hong Kong.