3HK
 
Interconnection Service
Code of Practice for Service Contracts
Service Usage Policy and Fair Usage Policy
Mobile Communications Services Terms and Conditions
General Terms and Conditions, Special Terms and Conditions of Home Broadband Service
Privacy Policy
Prepaid SIM Card Services Terms and Conditions
Prepaid SIM Card Service Usage Policy and Fair Usage Policy
Person-To-Person Marketing Calls - Operation Guideline
Performance Pledge
Website Disclaimer and Copyright Notice
Service Usage Policy and Fair Usage Policy
3 Hong Kong

Service Usage Policy and Fair Usage Policy

Last Update: 17 Oct, 2017


Introduction
This policy sets out 3 Hong Kong's Service Usage Policy and the Fair Usage Policy. Nothing in this policy shall override or prejudice 3 Hong Kong's rights under its terms and conditions of service with the subscriber.


Service Usage Policy
This policy sets out what are considered as unauthorized, unreasonable or improper uses of the various communication, application and content services ("Services") provided by 3 Hong Kong. This policy applies to all subscribers and users of such Services. Failure to comply with any of the prohibitions under this policy may cause the relevant Services subscribed to be suspended or terminated by 3 Hong Kong or 3 Hong Kong to take any steps it considers reasonably necessary or appropriate (including but without limitation to limit the throughput or amount of data transferred) forthwith without notice. Nothing in this policy overrides or prejudices 3 Hong Kong's rights under its terms and conditions of service with the subscriber.


Prohibited Uses And Acts
The Services must not be used:
(a) For or in connection with any illegal activities;
(b) To breach another person's rights, including copyright or other intellectual property rights;
(c) To distribute any tool that may compromise or breach any security features or harm or interfere with the normal operations of any network facility or service;
(d) To send or upload any content which is obscene, offensive, abusive, menacing, harassing or threatening in any way;
(e) For resale purposes unless specifically permitted under the terms and conditions of service with the subscriber;
(f) To send unsolicited commercial messages or contents.

A subscriber must not:
(a) Disclose any of his/her personal identification code which 3 Hong Kong uses to verify the subscriber's identity;
(b) Falsify any sender or user information or use any tools to mask the identity of the caller, originator or point of origin (whether in whole or in part) of a communication;
(c) Use any program or the transmission of any communication or data to interfere with the normal operations of any Services or 3 Hong Kong's network;
(d) Unlawfully intercept or interfere with any communication originating from or terminating on 3 Hong Kong's network that is intended for third parties;
(e) Use any tool to compromise or breach any security features or other safeguards implemented by 3 Hong Kong in respect of any Services, network facility and/or content.


Fair Usage Policy
This policy sets out the guidelines for implementation of 3 Hong Kong's Fair Usage Policy for the provision of fixed and mobile broadband services by 3 Hong Kong to ensure customers shall have a fair opportunity to access to and enjoy the local data network resources of 3 Hong Kong
1. At any time during a Billing Cycle, once the aggregate local data usage of a customer in the relevant Billing Cycle reaches the relevant Fair Usage Data Threshold applicable to the customer, 3 Hong Kong shall have the right to reduce and restrict the data access speed (upload and download) to not less than 128 kbps¹ / not more than 21Mbps¹ , subject to selected SIM plan.
2. "Billing Cycle" refers to the period beginning with the date of an invoice and ending on date immediately preceding the date of the next invoice and it varies from customers to customers. "Fair Usage Data Threshold" varies from customers to customers depending on the relevant service plans, local data charge caps and relevant value added service subscribed by the customers and as specified in the relevant Sales and Services Agreement.
3. The restriction will cease to apply at the beginning of the next Billing Cycle.
4. Depending on the services subscribed, additional data usage charges may apply according to the thereafter usage charges or data charge cap (if applicable) once a customer's data usage exceeds the usage entitlement under the relevant service plan. In any circumstances, 3 Hong Kong will not terminate or suspend the data service if the data usage of the customer concerned has exceeded the relevant Fair Usage Data Threshold.
5. 3 Hong Kong will send usage alerts to a customer within a reasonable time after our system recorded that the aggregate local data usage of a customer in the relevant Billing Cycle reaches certain level of the Fair Usage Data Threshold. Usage alerts will be sent, including but not limited to, by way of SMS (free of charge), and/or by way of email to email addresses that valid according to the records of 3 Hong Kong.
6. 4 hours after the delivery of the 100% or above usage alert, 3 Hong Kong will restrict the data access speed as mentioned above until the beginning of the next Billing Cycle.

¹3 Hong Kong cannot guarantee the actual data access speed (upload and download) experience by the customers which is subject to the influence of various factors which are outside our control including but not limited to the features or functionality of the mobile devices, transmission technology, network performance, websites servers speed, lack of capacity, interruptions to services from other providers and content providers, faults in other communications networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.


Revisions
During the fixed term contract period, the Fair Usage Data Threshold will remain unchanged according to the service plan subscribed by the customer, but 3 Hong Kong reserves the rights to revise other terms and conditions of its service at any time without notice, and such revisions shall become effective upon posting on 3 Hong Kong's website (http://www.three.com.hk).


Version: SUPFUP-E (01/11/2017)