Terms & Conditions
NaaS Hong Kong電動車充電樁月費計劃服務之條款及細則
- your contract
- Subject to the monthly fees and terms of your contract, the Company agrees to provide you with the Service, and you agree to purchase the Service from the Company.
- Your contract includes:
- your application (including any supplemental agreements); and
- these terms and conditions. In case of any inconsistency, your application form (including possible supplements or amendments to any subsequent supplementary agreement) shall prevail.
- 當 您 向 本 公 司 購 買 本 服 務 ， 即 代 表 您 無 條 件 地 同 意 本 公 司 的 《 私 隱 政 策 聲 明 》（ 載 於https://naas-hk.com/privacy-policy/ ） 及 本 條 款 及 細 則 （ 載 於https://naas-hk.com/terms-and-conditions/ ), which may be modified and/or supplemented at any time without prior notice to you. Please check the information pages regularly for any amendments and/or additions.
- the term
- Your contract for this service will become effective after you sign the application form (unless the company decides otherwise), and will remain valid until the commitment period (if any) expires (unless it has been terminated earlier in accordance with your contract).
- Before the expiration of any Commitment Period, the Company may contact you and offer you a service renewal plan ("續約建議"). If you agree to accept the renewal proposal provided by the Company, the service will be renewed in accordance with the terms and conditions of the renewal proposal.
- When the commitment period expires, if any of the following happens:
- The Company fails to contact you with a renewal proposal;
- You do not agree to accept any offer to renew; and/or
- You have not given the company any notice to terminate the service,
- Then the company will continue to provide you with this service in accordance with the terms of your current contract and the monthly calculation method determined by the company at its own discretion, with the applicable monthly fee plan at that time. Unless otherwise specified, any discounts, proposals, and rebates provided by the company to you during the commitment period will no longer apply.
- your responsibility
- you must︰
- Within 30 days of the effective date of your contract (or such other period as specified in your application or agreed to by the Company), provide the Company and its employees, representatives, agents and sub-contractors with the transferable its safe and timely arrival at the installation address to:
- to enable the Company to provide the Service to you; and
- To enable the Company to perform any work on or with respect to the Equipment or, where lawful, on the equipment of a third party, whether or not such work is related to the provision of the Service.
- If you fail to fulfill the above responsibilities, the company reserves the right to terminate your contract and charge you a cancellation application fee.
- Ensure that your electric vehicle and all devices connected to the equipment by you or on your behalf are technically compatible with the equipment and that the electric vehicle and/or the device complies with your contract, our instructions, and any applicable legislation.
- Not use or attempt to use the Service, or allow any other party to use the Service, in the following ways:
- for illegal, fraudulent, inappropriate or unauthorized or immoral purposes;
- would violate or infringe the privacy or rights of others, including without limitation any intellectual property rights;
- cause inconvenience, nuisance or unnecessary anxiety to any person;
- Alter, sublicense, dismantle or sell any part of the equipment;
- Contains a purpose that is inconsistent with the Service; or
- It is for the commercial benefit of yourself or any party (excluding the Company).
- will not interfere with or impair the Service, or cause any degradation or deterioration in the performance or operation of the Service, or allow any of the foregoing to occur (including by a third party) on the Service (including our equipment); and
- Provide reasonable assistance to allow the Company to provide charging or maintain the Service (including if you become aware of any material damage to the equipment, you will immediately notify the Company, and ensure that the Company's equipment and the device you use to communicate with the Service will be maintained in good repair and operating condition).
- You agree to guard the equipment provided to you by the company. For the equipment owned by the company, you must let the company's personnel enter the installation site to dismantle and retrieve the equipment within a reasonable time after the termination of your contract, and immediately return the equipment in good condition to the company. If there is any loss or damage to the company's equipment (except for normal wear and tear), you must indemnify the cost of replacement and repair of the equipment, including the replacement, loss or failure to return the equipment listed in your application any costs incurred.
- If the company suffers any loss (including maintenance costs) or damage due to damage, loss or theft of the equipment, you must compensate the company for the part caused or partly caused by you.
- If you are not the owner of the installation address, you will need to obtain the approval of the relevant owner (such as the approval of the owner's corporation committee or the property management office) for the maintenance and installation of the service. If requested by the Company, you agree to provide the Company with the required documentation for approval and authorization.
- If the delay in the date of completing the installation of the Service is caused by you, the Company may impose additional service fees and/or other charges on you, and/or increase staff fees and costs for you to complete the installation of the Service.
- Unless otherwise stated in your contract, equipment provided under your contract will not be replaceable.
- You shall indemnify and hold us, our employees, representatives, subcontractors and agents fully and effectively harmless against any damages (including consequential losses) which we may suffer or suffer in connection with or as a result of your contract, including but not Limited to losses arising directly or indirectly from:
- any act or omission (whether negligent or not) by you or any third party;
- any claim by any person for the provision of the Services or your or any other person's use of the Services or for any delay or failure by us to provide the Services (whether with or without your knowledge or consent);
- any breach by you or any third party;
- any claim by any person under any applicable law for the provision of the Services or our liability under any applicable law for the provision of the Services;
- our access to the car park or other premises of or forming part of the installation site
- Except for those caused by our intentional breach of contract.
- this service
- If you wish to make any changes to the details of the Services under your contract, you may be required to pay additional fees and/or handling charges, and you and the Company will need to enter into further or new agreements on your contract to Make corresponding additions and/or changes to the terms of your contract.
- The company will only install the equipment once at the installation site. Subject to Article 3 of these terms, if you have any requirements for reinstallation and/or relocation of equipment, you must sign a new contract with the company.
- If you have applied for a monthly fee plan with your contract, you may request to relocate the service to a new address, subject to our assessment of the feasibility of your new address and you have paid for (i) installation Service Charges; and (ii) Migration Charges. Unless otherwise agreed between us and you, all existing terms and conditions of your contract (except for the new installation address) will remain unchanged upon completion of the migration.
- Shop certain gifts at discounted prices. However, separate terms and conditions will apply to the gift. If any gift is provided through a third-party supplier, you agree that the company will not be legally responsible or liable for:
- acts, omissions or negligence by such third party provider;
- any use of the gift; and
- Any disputes or transactions you have with such third-party suppliers.
- Our company will provide maintenance for the electric vehicle chargers installed at the installation address in the "Owned Electric Vehicle Charger Scheme" listed in your application form. However, this warranty is subject to the following circumstances:
- The warranty does not cover any electric vehicle charging cables connected to the electric vehicle charger;
- The maintenance does not include any damage to the electric vehicle charger caused by negligence, improper use, abnormal power supply or any force majeure;
- The electric vehicle charger has not been modified, repaired or altered without authorization;
- The Warranty does not cover any external electrical and mechanical works of the electric vehicle charger, nor does it include the software programs and consumables provided; and
- You need to pay additional fees before you can obtain any repair and maintenance services beyond the scope of warranty, and the company reserves the right to refuse to provide any relevant maintenance services and repairs until the company receives the full payment.
- The actual charging performance of any EV charger included in the Service will depend on a number of factors, including the EV model and its factory settings, the state and condition of the EV battery, and the amount of power available in the parking lot.
- pay for this service
- You must promptly pay, without deduction, all charges for the Service (including Equipment and any other goods and services provided to you by the Company pursuant to your contract). All payments must be made in Hong Kong dollars and in accordance with the method stated on your bill (if any).
- Regardless of whether the service is used by you or others (with or without your knowledge or permission), and regardless of whether the use of the service is successful or not, you will be responsible for paying all fees incurred in providing the service to you.
- The Company may at any time require you to provide the Company with a deposit or prepayment fee, and the amount of such prepayment fee or deposit will be determined by the Company. Within a reasonable period of time after the termination of your contract, the company will deduct the outstanding fees owed to the company by you without interest before returning the deposit to you. The prepaid fee will be used to offset the charges you need to pay for this service. If your contract is terminated before the commitment period expires, the prepaid fee will not be refunded to you.
- Invoices for this service will be sent to the email address you provide. To ensure you continue to receive your bills, it is your responsibility to:
- If your email address is changed, notify us immediately;
- Check your spam folder to see if your bill has been sent to an out-of-box spam folder; and
- If you have not received your bill, please contact us.
- If you do not pay any amount required under your contract on time, the company may charge you two percent (2%) interest per month (calculated daily) on the delinquent fee until the fee is fully paid until cleared.
- If you do not pay your bill, the Company generally will not suspend or terminate the Service or your contract until payment has been at least 15 days past due. If you do not pay a recent bill on time, or have failed to pay bills repeatedly, the Company may terminate the service up to 15 days earlier. If you are required to restart the service after being suspended by the company due to violation of the terms of your contract, you need to pay the reconnection fee for the company to restart the service.
- If you do not pay your bills, the company can entrust a debt collection intermediary to recover the relevant money on our behalf. If the Company does this, you will have to pay the Company additional costs for the breach of your contract. This additional fee will not be higher than the reasonable costs and expenses that the Company is required to pay to the intermediary, and the intermediary will add this additional fee on behalf of the Company (depending on the debt you owe the amount of the company).
- Termination or Suspension of the Service
- If you terminate your contract after signing your application but before receiving the service, we may require you to pay a cancellation fee.
- When the following situations occur, the company may cancel, limit, suspend or terminate the provision of this service to you at any time without giving you notice:
- In the event of an emergency, or to provide resources for emergency rescue and other necessary services;
- if the use or supply of the Service is or will become illegal; and/or
- If the company reasonably believes that the provision of this service will cause injury or damage to property or personal death.
- When the following situations occur, the company may cancel, restrict, suspend or terminate the provision of this service at any time by giving you a notice:
- if you have not paid any amount due for the Service;
- If there are technical problems, or the provision of this service is no longer feasible;
- If the third-party supplier stops supplying items needed to provide you with the Service;
- If any other person or you use this service to violate your contract, or for any illegal, inappropriate or unlawful purpose, or if the company reasonably believes that your actions will cause harm to the company or other customers or troubled;
- If the Company reasonably believes that the Service needs to be suspended to:
- Comply with orders, instructions, rulings, statements, guidelines or similar announcements issued by government or regulatory agencies;
- perform scheduled maintenance or upgrades to the Service, any equipment and facilities;
- If the service provided by the company has been canceled, suspended or terminated in accordance with Article 3 of these terms, the company may require you to pay a reconnection fee when the service is reconnected.
- If your contract is terminated before the expiry of the commitment period, you must immediately pay the company the monthly service fee or early termination fee (whichever is higher) for the remaining months of the commitment period.
- Notwithstanding any other provision in your contract, if you are currently enjoying any promotional offer under your contract or otherwise (“Existing Offer”), whether related to the Service (“Existing Offer”), the Company may debit or cancel any of your accounts (as determined by this The company's situation determines) the relevant discounts, or deduct the value of the relevant discounts (the value is determined by the company), or ask you to recover the relevant discounts.
- If your contract is terminated for any reason, all rights, licenses and privileges granted to you will cease immediately.
- Upon expiration or termination of your contract with a monthly fee plan:
- All charges arising from the use of the Service (up to and including the date of termination), and all other amounts owed to us by you will be immediately due and payable;
- you will stop using the Service; and
- You will return equipment in our possession pursuant to Clause 3 of these Terms or at our instructions, and we have obtained within a reasonable period of time for the purpose of taking back and removing equipment (if necessary) and/or terminating the Service Authorization to enter the installation address.
- If you have paid the deposit according to your contract, the company will refund the deposit to you in accordance with Article 3 of this clause.
- Our rights when providing this service
- Occasionally, the Company needs to, with or without prior notice to you:
- Interrupt or suspend the service (for example: for repair, maintenance, testing or upgrading of equipment). If the Company acts in the foregoing manner, the Company will resume the Service as soon as possible and the Company shall not be liable to you for any loss incurred as a result of such interruption or suspension; or
- Minor changes to some technical specifications.
- The Company may cancel, suspend, limit the Service, or terminate your contract by giving you early notice if:
- The law requires the Company to do so;
- an emergency that affects the Company's ability to provide the Service; or
- You appear to be, or have a good chance of being, bankrupt or liquidated.
- legal liability
- Unless the company is extremely negligent, or willfully defaults or commits fraudulent acts, the company will not be liable for any losses or expenses incurred by you due to the following situations:
- your inability to use the Equipment and/or the Service for any reason, or delays in using the Service or the Equipment;
- damage or malfunction or destruction of any device, computer hardware or software or your use of services in connection with the Service;
- the operation of the Service does not meet your requirements, fails to meet your expectations, or contains errors or defects or the Company fails to correct such errors or defects; or
- Any third-party service providers, including electricity suppliers, have reduced levels or are unable to provide any services.
- Under no circumstances will the company be liable for any consequential or indirect losses, even if the company has been notified of the possibility of incurring such losses.
- The company will provide you with this service with due care and skill. However, due to the nature of the electric vehicle charging service (including goods and services not owned or controlled by the company), the company cannot promise that the service will continue or be completely trouble-free.
- To the extent permitted by law, all liability of the Company with respect to your contract with respect to the Service, Equipment and/or any other products and services supplied or offered by the Company shall be limited to the value of your contract (even if the Company negligence).
- Matters beyond the Company's reasonable control
- Occasionally, due to force majeure events, the company may not be able to perform the matters that the company has agreed to perform. In this event, the company will not be liable for delays or other failures to provide the service in accordance with your contract. If the aforementioned situation continues for 30 days, you or the company can immediately terminate your contract. Unless otherwise agreed between you and the company, all costs and expenses related to the termination of this service will be shared equally between you and the company.
- privacy
- 在適用情況下，本公司會依照本公司之私隱政策聲明（載於https://naas-hk.com/privacy-policy/）收集、處理、披露、保留或使用您的個人資料。
- If the company requires your personal information, you may refuse to provide the relevant personal information. However, the Company may refuse to provide the Service to you.
- You will notify the Company as soon as possible of any changes to your address or other details which you have provided to the Company which may affect the Company's ability to provide the Service to you.
- provision of information
- At the reasonable request of the company, you will provide the company with information related to you or your use of the service:
- To assist the Company in complying with relevant applicable laws, and to report compliance with such laws to any government authority; and
- To check whether you have complied, or are complying and will continue to comply with all your contractual obligations.
- change the terms
- The latest version of these terms and conditions can be found on the company's website (naas-hk.com/). The company reserves the right to unilaterally change any provision of these terms and conditions from time to time, with or without giving you any notice. Unless otherwise stated by the Company, any changes to these Terms and Conditions will become effective upon posting on the Company's website.
- Other things you need to know
- No person who is not a party to your contract has any rights under your contract (Contracts (Rights of Third Parties) Ordinance, Chapter 623 of the Laws of Hong Kong) to enforce any terms and conditions and/or obtain any Benefits of Your Contract.
- You agree not to assign or assign your contract (or any part of your contract) to any party, or attempt to assign or transfer your contract (or any part of your contract) without our prior written consent ). Any of your aforementioned attempts will be deemed invalid.
- The company may transfer the company's rights and obligations under your contract (or any part of it) to any person or organization without your consent. The Company may also use any of the Company's affiliates (if any), agents or subcontractors to perform the Company's responsibilities.
- When the company needs to contact you or give you a notice, the company will use the billing address, mailing address, email address and/or fax, mobile phone or landline number you provided to the company to contact you. If you need to contact us, please use the address listed on your most recent statement, or any other postal address, email address or telephone number that we have given you for this purpose.
- The company will send written notices or communications to you by hand, post, fax, email, SMS, bill notification, web page notification and/or other methods designated by the company. Unless there is evident evidence of delay in delivery or non-delivery, you will be deemed to have received notices or communications from us at the following times:
- If sent by letter, three (3) days after posting of the letter;
- if delivered by hand, at the time of delivery;
- if sent by facsimile and the relevant delivery report indicates that the facsimile was successfully delivered, when sending the facsimile; or
- If sent by email, immediately after sending the email.
- A waiver of a breach of any particular provision of your agreement will not constitute a waiver of a breach of any other provision, or of any prior or subsequent breach of the same provision. No waiver will be made by the Company unless the waiver is expressly expressed by the Company in any official channel.
- In case of any inconsistency between the English version and any Chinese version, the English version shall prevail.
- Each provision of these terms and conditions is severable and distinct from the other provisions, and if one or more provisions are or become invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision will be These terms and conditions are deleted, but other provisions will remain in effect and remain legally binding on you and the company.
- Your contract will be governed by the laws of Hong Kong, and any disputes arising from or related to the Service or your contract will be resolved in private through mediation and/or arbitration in Hong Kong in accordance with the laws of Hong Kong.
- special meaning
- "Subsidiaries", in relation to a body, means any other body that directly or indirectly controls, or is controlled by, or is under common control with, that body.
- "applicable law", in relation to any person, action or thing, means:
- 香港或任何國家(any country)（或該國家的政治分權）之任何法律、規則或規例；
- any liability under any license held by the Company in Hong Kong or in any country (or political subdivision of such country); or
- any statutory ruling, decision, direction, guideline, statement or code of practice of Hong Kong or any country (or political subdivision of that country) applicable to a Party.
- "application” means the Application Form, or any other document or electronic application mechanism (including any Supplemental Agreement) prescribed by the Company in connection with the provision of the Services by the Company to you.
- "Cancel application fee” means the cancellation and administration fees charged for the Service as the Company may specify from time to time. The fee will not exceed HK$5,000 under normal circumstances.
- "Bring Your Own Electric Vehicle Charger Scheme” means one of the Service Plans available for purchase by Customer.
- "TOLL"Refers to the fees and charges specified in your contract that you must pay to the company for the service provided by the company.
- "claim” means any claim or cause of action relating to contract, including, without limitation, under contract (including breach of warranty), tort (including misrepresentation or negligence), or under statute.
- "Commitment period” means the commitment period or fixed term (if any) of the monthly fee plan under your contract specified by the company in your application form, which will start from the date when the company completes the installation of the service at the installation address start.
- "Corresponding loss” means any consequential, indirect, special, punitive, economic, incidental or consequential damages (including loss of profits, goodwill, bargaining or business opportunity; loss or corruption of data; failure to obtain anticipated savings or business, whether due to negligence or otherwise, whether arising out of or in connection with contracts, services or any failure or delay in the provision of services).
- "contract"refers to the contract between you and the Company in relation to the provision of the Services to you by the Company as specified in Clause 1.
- "contract value” refers to the
- In respect of the Services for the Commitment Period, the total charges payable by you to us under your contract for the Commitment Period; or
- For this service without a commitment period, your total charges under your contract from the date of your contract to the day preceding the date of the event that gave rise to your claim.
- "designated electric vehicle” means your electric vehicle that has a designated registration plate number in your application and is available for charging under the service plan of your contract (and the registration plate number can be changed according to the terms of clause 2).
- "early termination fee” means the charges (if any) specified in your application form for early termination of the service provided by the Company.
- "equipment” means the hardware, equipment, systems and/or devices (if any) that are used by the Company to provide the Service to you.
- "electric car” means an electric vehicle that has been issued a valid license or vehicle certification document by the Hong Kong Special Administrative Region Government.
- "force majeure event"refers to any matter beyond the Company's reasonable control, including but not limited to, technical infeasibility or limitations, labor disputes of any kind, declared or undeclared wars, terrorist activities, blockades, riots, natural disasters ( Such as lightning, earthquake, storm, flood, explosion or meteorite attack), laws or any powers exercised by government agencies in accordance with the law, any changes in Hong Kong laws, regulations or rules applicable to this service or your use of this service, the government or other inability or delay in granting of approvals, permits, permits, licenses or authorizations, or power shortages, interruptions or declines, or the inability of third party suppliers to supply required equipment (over which the Company cannot reasonably control).
- "Government agencies” means any government or governmental, quasi-governmental, administrative, financial or judicial authority, department, commission, authority, tribunal, agency or institution established anywhere in the world.
- "Hongkong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
- "installation address” means the parking spaces or buildings specified in your application where the equipment for providing this service is installed and/or used, and any other buildings where the service is available from time to time with the consent of the company.
- "instruct” means the instructions and notices given to you or the user of the equipment from time to time by the company regarding the operation of the equipment and/or other devices provided by the company (part of this service).
- "intellectual property”means all patents, copyrights, design rights, trade names, trademarks (whether registered or not), database rights, service marks and any pending applications related to the foregoing, trade secrets, legally recognized as Intellectual property know-how, and all other intellectual property rights that may exist anywhere in the world, rights of third parties, and ownership rights.
- "loss” means to include losses (including loss of income), damages, costs, charges, fines, claims, demands, liabilities and charges.
- "billed monthly"refers to the monthly service charge (i.e. no commitment period) that is required to be paid for the service provided by the company, and the relevant charges are listed in detail on the company's website from time to time (naas-hk.com/).
- "personal information” has the same meaning as given in the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong.
- "reconnection fee"Refers to the reconnection fee (if any) indicated in the application form regarding the service provided by the company.
- "Relocation expenses” means the relocation fee (if any) specified in the application form in relation to the service provided by the company.
- "this service」是指您申請書內指明以電動車充電為目的之 NaaS Hong Kong電動車充電樁月費計劃服務，當中可包括設備之安裝， 及就月費計劃而提供之電動車充電服務，及就自置電動車充電器計劃而安裝的設備，及設備。
- "Plan” is one of the service plans that customers of this service can apply for.
- "supplementary agreement” means any other terms and conditions agreed to by you in the course of the Company providing the Service to you.
- "Terms and Conditions"Refers to the terms and conditions of this "Full Line Charge" service, which the Company will amend and/or supplement from time to time.
- "Our company」是指 Newlink Technology Holding (HK) Limited.，本服務之服務提供者，包括"Our company"and"Our Company"will be interpreted accordingly.
- "you” means a customer who purchases or subscribes to the Service, and “Your” will be interpreted accordingly.