THE PROVISION OF MOBILE SERVICES (MNEW0201E)

1. Mobile Services
1.1 The Mobile services herein refer to the mobile services provided under CTM's mobile networks.
1.2 The Mobile services provided under these Terms & Conditions are subject to CTM's prevailing rate andcharges which may be changed from time to time pursuant to regulatory compliance and provided notice of such change is given to the customer or given adequate publicity, e.g. by being posted at CTM's relevant web pages.
1.3 CTM does not provide neither directory entries nor information for the mobile phone subscribers.
1.4 CTM reserves the right at anytime to modify service features as may be necessary to provide the Mobile services or to adjust the pre-programmed data of the Subscriber Identity Module (SIM) card to ensure the quality of the Mobile service.
1.5 Customer shall use the Services in accordance with CTM's Acceptable Use Policy (AUP) accessible online (www.ctm.net) or at any of CTM Shops upon request.

2. Equipment
The customer must only use Mobile phone equipment that is type-approved by the Bureau of Telecommunications Regulation ("DSRT")


3. Subscriber Identity Module (SIM) Card
3.1 CTM will issue the customer a Subscriber Identity Module Card (SIM) for his/her mobile phone in the use of CTM Mobile services.
3.2 Damaged SIM cards due to normal usage may be replaced free of charge. Such free of charge replacement will not cover any situation of damages arising from misuse, negligence or willful conduct of the customer nor will it cover lost or stolen SIM cards.


4. Roaming and International Direct Dialing (IDD)
Automatic International Roaming for use of Mobile service outside Macau's territory and International Direct Dialing (IDD) services are available in those destinations where CTM maintains the relevant agreements. Pre-registration for International Roaming and International Direct Dialing services is required.


5. Payment
5.1 The service charges for the Mobile service are payable from the SIM Card's activation date.
5.2 The customer shall punctually settle the service charges. Unless otherwise specified, the service charges shall be paid within twenty (20) calendar days from the date of issue of CTM's invoice. Payments shall be in MOP and either by cash, cheque, autopay, credit card, e-Bill, Mobile Banking Service, phone banking or ATM. In the event Customer fails to pay the charges by the due date, CTM shall, without prejudice to its other rights, be entitled to temporarily disconnect or terminate the Mobile services.
5.3 In case of disputed amounts relating to any service charges, the books and records of CTM shall prevail.

6. Deposit
6.1 CTM has the right at any time to require the customer to provide a deposit as a security for payment of Mobile service charges and for damage incurred or sustained by CTM as result of any non-compliance by the customer of any applicable terms, conditions or obligations. The amount of the deposit shall be determined by CTM at its sole discretion.
6.2 The deposit shall be refunded to the customer upon termination of the Mobile services provision and the settling of all outstanding charges.

7. Termination
7.1 CTM shall have the right to forthwith temporarily disconnect or terminate the Mobile services in any of the following events:
a) failure to pay the due charges;
b) breach of any of the terms and conditions herein stated;
c) breach CTM's AUP, for example engaging in illegal activities by sending any form of unsolicited bulk messages;
d) attempt to or use the Mobile services in such a manner so as to avoid incurring charges;
e) the credit limit specified for Mobile services is exceeded;
f) provision of false information by the customer.
7.2 CTM shall be given advance written notice should the customer wish to terminate the agreement.
7.3 Termination does not prejudice any accruing rights CTM may have and is not a waiver of those rights, including payment of outstanding charges.
7.4 Upon termination, the mobile telephone number can be re-assigned to another customer.

8. Lost or Stolen Mobile Phone and/or SIM Card
8.1 In case the mobile phone is lost or stolen, the customer is required – in his own interest – to give notice to CTM as soon as possible (through the Number One Hotline 1000) in order for CTM to suspend the Mobile services provisioning.
8.2 The customer shall be liable for the charges incurred through the lost or stolen SIM card until the notice referred to in 8.1 is served.
8.3 Upon recovery of the lost mobile phone and/or SIM card, and at the request of the customer, CTM shall reconnect the Mobile services provided that customer settles all outstanding charges and pays a reconnection fee at CTM's prevailing rate subject to pre-service inspection of equipment or SIM card.
8.4 CTM reserves the right to refuse the customer's request for reconnection of the mobile service under clause 8.3 if the electronic serial number of the lost mobile phone or the pre-programmed data of the SIM card has been tampered, modified or copied.

9. Reconnection
Should the Mobile service be disconnected under clause 7 CTM may, upon the customer's request, and at its sole discretion, reconnect the Mobile services. In this case, the customer shall pay all outstanding charges, the following monthly service charge in advance, and a reconnection fee.

10. Signatory and Verification of Documents
10.1 If the customer is registered as a company, association or any other corporate entity, these Terms and Conditions are to be signed by the person entitled to bind such company, association or corporate entity under its by-laws, with the respective stamp and provision of valid business registration certificate.
10.2 If the customer is an individual, these Terms and Conditions are to be signed by himself.
10.3 Signatories are required to produce valid identification documents and the customer understands and agrees that CTM may retain copy of such documents.
10.4 Application must be submitted by a parent or guardian on behalf of applicants under 18 years of age.
10.5 Upon request from CTM, Customer shall provide all necessary documents to verify the truthfulness or correctness of the information furnished by the Customer.

11. Variation
CTM reserves the right to make changes to these Terms and Conditions provided notice of such changes is given to the customer or that such changes are given adequate publicity e.g. by being posted at CTM's relevant web pages.

12. Assignment
12.1. The customer is not allowed to assign, license or otherwise transfer his rights and obligations under these Terms & Conditions to any other party without the prior consent of CTM. Such consent will only be given by CTM if: (i) the customer and the transferee sign a transfer agreement in the form specified by CTM and (ii) customer settles all outstanding charges.
12.2 Roaming service and the SIM card are personal and not transferable.

13. Limitation of Liability
13.1 CTM does not guarantee or warrant that any Mobile Service will be provided continuously or on a fault-free basis (whether due to third party service provisioning or otherwise) and CTM is not responsible for any acts or omissions arising from the customer's use of a Mobile Service.

13.2 To the extent permitted by law, CTM excludes all liability or responsibility for any cost, claim, damage or loss to the customer or to any third party whether direct or indirect of any kind including revenue, loss or profits or any consequential loss in contract, tort, under any applicable laws and regulations or otherwise (including negligence) arising out of or in any way related to these Terms & Conditions (including any loss to the customer arising from a suspension or termination of a Mobile service).

14. Force Majeure
CTM shall not be under any liability or loss or damage resulting from delay or failure to perform its obligations under these Terms & Conditions either in whole or in part where such delay or failure is not occasioned by its fault or negligence or due to causes beyond its reasonable control including, but not limited to, war, the threat of imminent war, riots or other acts of civil disobedience, insurrection, acts of God, restraints imposed by government or any other supranational legal authority or any other industrial or trade disputes, fire, explosion, storm, flood, lightening, earthquake and other natural calamities.

15. Customer Charter

15.1 In the event of continuous service interruption due to network malfunction, the Customer shall be entitled to a refund as follows:

a) Post-paid Customers

Duration of Continuous Network Failure (hours)

Refund

3 to 6

Waive 1 day charge of service plan net rental fee

Over 6 to 12

Waive 2 days charge of service plan net rental fee

Over 12 to 24

Waive 3 days charge of service plan net rental fee

Over 24

Waive 4 days charge of service plan net rental fee

Note: The refund amount for Post-paid Customers will be calculated with reference to the service plan monthly rental fee net of the applicable monthly rebate.

b) Prepaid Customers

Duration of Continuous Network Failure (hours)

Refund

3 to 6

Free 25 minutes local airtime

Over 6 to 12

Free 50 minutes local airtime

Over 12 to 24

Free 100 minutes local airtime

Over 24

Free 250 minutes local airtime

 

15.2 The refund scheme applies to any of mobile Voice, SMS or Data services, provided that the affected area or cell sites equal at least to 50% of the total mobile network.

15.3 The refund scheme shall be automatically triggered, i.e., without requiring any claim on the part of the affected Customer.

15.4 The refund scheme shall not apply when the network malfunction and resulting service interruption are caused by an event of Force Majeure (such as natural disaster or fire).


16. Entire Agreement
These Terms & Conditions embody the entire understanding between the parties and there are no promises, terms and conditions, oral or written expressed or implied other than those contained herein.

17. Interpretation
17.1 These Terms & Conditions are governed by the laws of the Macau Special Administrative Region of the People's Republic of China.
17.2 These Terms & Conditions are available in Chinese, Portuguese and English versions, of which both the Chinese and Portuguese versions prevail in the event of any inconsistency or conflict of interpretation with the English version.