DIME GLOBAL LIMITED Terms and Conditions for Services
It is hereby agreed between the Customer and DIME GLOBAL LIMITED Ltd (‘the company’) as follows: Provision of the Services
Subject to the terms and conditions set out herein, the Company shall provide, and the Customer shall subscribe to the services specified during registration.
The Services provided to the Customer is subject to the Company's prevailing Service Plan and rate of charges. The company reserves the right to vary the Service Plan and rate of charges at any time as it thinks fit.
The company reserves the right at any time to do all such things that is necessary to ensure the quality of the Services.
The company shall impose a credit limit in respect of the Customer's use of the Services and may vary the limit from time to time without prior notice to the Customer.
The Company shall have the right at any time to require the Customer to pay a deposit as security for the due performance and discharge by the Customer of its obligations and liabilities related to the provision of Services or otherwise under this Agreement. The Company at its sole discretion shall determine the amount of the deposit. The company reserves the right to increase the amount of the deposit from time to time. The Company will retain the deposit free of any interest.
Without prejudice to any other rights or remedies which the Company may have against the Customer, the Company shall be entitled to apply and set off the deposit against any sum due or owing by the Customer under this Agreement or under any of the Customer's other account for the Services or for any loss or damage suffered or sustained by the Company as a result of any non-performance or non-observance by the customer of any Terms and conditions under this agreement or under any of the Customer's other account for the Services.
Subject to the above, the deposit shall be refunded to the Customer without interest after the termination of this Agreement or the settlement of the last outstanding claim by the Company against the Customer under this Agreement; whichever shall occur later.
Payment of the Post-paid Services
A monthly bill setting out the charges for the relevant month payable by the Customer shall be forwarded to the Customer. The amounts shown on the monthly bill shall be final and binding on the Customer. The Customer shall pay and settle in full his monthly bill on or before the due date of payment as specified therein or otherwise forthwith upon demand by the Company.
The Customer shall raise any dispute regarding any amount shown on any monthly bill within seven (7) days from the date of such monthly bill; failing which the Customer shall be deemed to have waived all his right against the Company.
All sums payable to the Company hereunder shall be in full without any deductions or set-offs. All sums shall be paid in the local currency or US dollars where applicable and in such manner as the Company may from time to time specify.
Payments made by post shall be at the Customer's risk and a payment shall not be deemed to have been paid until the Company receives the payment.
Time of payment is of essence. The company shall be entitled to charge interest at the rate of two percent (2 %) per month on any overdue amount from the due date until the date on which the company receives payment in full. Such interest shall accrue from day to day.
The Customer shall be solely responsible for all charges incurred through the use of the Service regardless whether the usage is authorized or without the Customer's authority, knowledge or consent.
Where the Customer has registered the Services in more than one account in its name, the Company shall have the right to transfer any credit balance of charges or deposit paid under any one of the Accounts to settle the outstanding charges in another Account.
Either the Company or the Customer may at any time terminate this Agreement by giving to the other party seven (7) working days’ prior written notice to that effect.
In addition, and without prejudice to other provisions contained in this agreement, the Company shall be entitled to forthwith terminate this Agreement or to disconnect the Service or any part thereof without notice, upon the occurrence of any one or more of the following events:
If any charges or other sums whatsoever payable by the Consumer hereunder remain unpaid after becoming due; or
If the Customer commits a breach of any of the terms and conditions contained herein: or
If the Customer or any authorized users under the Account of the Customer misuses the Services; or
If the Customer is subject to the law of insolvency or makes any arrangement or composition with its creditor or has a Receiver appointed or enters into liquidation; or
If the Customer copies, extracts, alters, tampers with or otherwise misappropriates any information written into, incorporated, stored or allows, permits or authorizes any other person to do so; or
If the Customer or any authorized users under the account of the Customer uses the Services for any fraudulent or unlawful purposes or a hoax call to emergency services or is of a defamatory, offensive or abusive or immoral nature or menacing character or allows, permits or authorizes any other person to do so; or
If the Customer furnishes information to the Company which it knows to be false or misleading.
Termination hereunder shall be without prejudice to any rights and/or claims that the company may have against the Customer prior to the date of termination and shall not relieve the Customer from fulfilling its obligations including payment of all outstanding charges prior to the date of termination. Any amount accrued and unpaid shall be due and payable forthwith upon termination.
In the case of termination pursuant to Clause 4.1 by the Customer, the Customer shall continue to be liable for all charges payable hereunder until notice of termination is actually received by the Company and becomes effective.
If the Services is disconnected for reasons set out in Clause 4 or upon the Customer’s request, the Company may upon the Customer’s request reconnect the Services subject to payment by the Customer of all sums due or owning to the Company a deposit requested by the company and a reconnection charge. The company in its sole and absolute discretion shall determine the amount of the deposit and the reconnection charge.
The Customer shall on the request of the company provide all necessary documents, which would verify the truth or correctness of the information, furnished by the Customer to the Company. The Company reserves the right not to provide the Services until the Company has established the truth or correctness of the information from the documents furnished by the Customer.
The Company reserves the right to request the Customer to produce a copy of its business registration certificate.
Use of Customer Information
The company is hereby authorized in relation to any information it has relating to the Customer or the authorized user under the Customer’s Account to use and/or disclose such information for the purpose of the Company performing its obligation or enforcing its rights under this Agreement or any other purpose reasonably incidental thereto or in contemplation thereof.
Limitation of Liability
Save and except for any liability of the Company which cannot be excluded by law, the Company shall not be liable for any cost, claim, expenses, damage or loss of whatsoever nature suffered, sustained or incurred by the Customer or any person arising from or out of or relating to the provision of the Services including without limitation
Any interruption or failure of the Services, or
Any failure, delay or mistake in establishing communication between the Customer or authorized users under the Account of the Customer and any other person, or,
Any failure or delay while the Customer or authorized users under the Agreement of the Customer is communicating any message in the use of the Services; or
Any failure or delay in activating or deactivating the services.
The Company shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits or any consequential loss whatsoever suffered, sustained or incurred by the Customer or by other person arising (directly or indirectly) from or out of or relating to the provision of the Services of this Agreement.
The Company shall be entitled at any time or from time to time to vary all or any of these terms and conditions and to impose new terms.
The customer shall not assign, transfer, convey license or otherwise dispose of any of its rights and obligations under this agreement to any other party without the prior consent of the Company.
Consent will only be given by the Company on condition that the Customer and the transferee signing a transfer agreement in the form specified by the Company and the Customer settling all outstanding charges under this Agreement.
For local access services in each country where the company is incorporated this agreement shall be construed in accordance with the laws of the respective countries of Hong Kong SAR, Singapore, Taiwan, and New Zealand in which the customer is based.
For all other services the agreement shall be construed in accordance with the laws of Hong Kong SAR and the parties shall submit to the exclusive jurisdiction of the courts of HKSAR in the event of any disputes
The company shall not be liable for any loss or damage resulting from delay or failure to perform this agreement either in whole or part where such delay or failure shall be due to causes beyond its reasonable control, or which is not occasioned by its fault and negligence 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 governments or any other supranational legal authority or any other trade disputes, fires, explosions, storms, floods, lightening, earthquakes and other natural calamities.
Any notice or consent to be given by the Company to the Customer may be given by the company either personally to the Customer or by post, facsimile to the address specified by the Customer or by electronic means addressed to the Customer. Such notice or consent shall be deemed to have been received by the Customer immediately if transmitted by facsimile or electronic means or when personally delivered and twenty-four (24) hours after dispatch if sent by post.
No failure or delay on the part of the parties hereto exercise any right, power or remedy under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise by either of the party of any right, power or remedy. The rights, powers and remedies provided herein are cumulative and are not exclusive of any rights, powers or remedies by law.
If any provision of this Agreement shall be construed to be illegal or invalid, they shall not affect the legality, validity and enforceability of the other provisions of this Agreement. The illegal or invalid provisions shall be deleted from this agreement and no longer incorporated herein but all other provisions of this Agreement shall continue.
Reference to the plural shall include the singular and vice versa; words importing a gender shall include every gender; references herein to any person shall include references to individual, firm, body corporate or un-incorporate.