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Please read the terms and conditions of the CHT Wi-Fi Prepaid Card Agreement carefully. If you have read and understood, please press the Agree button to proceed to the registration and activation procedure.



 

Chunghwa Telecom Co., Ltd. Wi-Fi Wireless Internet Access Service Agreement - Terms and Conditions


 

This Agreement is entered into by and between the district service centers of Chunghwa Telecom Co., Ltd. (hereinafter referred to as "Party A”) and the customer who uses this service (hereinafter referred to as "Party B"). Both parties agree to the terms and conditions below with respect to the Wi-Fi Internet Access Service(hereinafter referred to as "the Service") provided by Party A:


■ Chapter 1    (Type, Scope and Applicability of the Service)

 

Article 1

The type and scope of the Service shall be as follows:

1.

Home Wi-Fi Service: Refers to the Party B's leased broadband network service rendered through broadband and Wi-Fi equipment provided by Party A to enable connection to Internet services for use by Party B at Party B's locations.

2.

Public Wi-Fi Service: Refers to Wi-Fi Hotspots (hereinafter referred to as "Hotspots") established by Party A at specific locations for connection to the HiNet Internet Network(hereinafter referred to as "HiNet") provided by Party A. Party B may access the Service after authentication by Party A.

(1)

By Usage Time: The Party receiving the Service (Party B) shall be limited to HiNet customers of Party A or mobile phone customers using assigned account numbers or mobile phone numbers to access public Wi-Fi services. The service charge is calculated based on the minutes.

(2)

Monthly Rental Plan: The Party receiving the Service (Party B) shall be limited to HiNet customers of Party A who have rented from Party A, on a monthly basis, unlimited access to Public Wi-Fi Services during the lease period.

(3)

Pre-Paid Card: This refers to Party B's purchase and use of the CHT Wi-Fi Pre-Paid Card which, when activated, provides to Party B continuous and unlimited access to the Public Wi-Fi Service from initial connection to the Internet until the expiry of the pre-paid period.

(4)

Other Plans: The two parties may establish separate agreements on other plans as agreed.


 

Article 2

The Service shall only apply to areas reachable by Wi-Fi signals of Party A.


 

Article 3

The location of the Hotspots provided by Party A can be found on the website http://wifi.hinet.net (hereinafter referred to as "the Website").


■ Chapter 2    (Notes for Applicants)

 

Article 4

Party B should submit relevant application forms and proof documents when applying for the Home Wi-Fi Service, the Monthly Rental plan or other plans under the Public Wi-Fi Service. Proof documents are not required for government agencies, schools or state-owned enterprises. The same rules shall apply to Party B’s change or termination of such services. No application is required for access to the Public Wi-Fi services under the "By Usage Time" plan.


 

Article 5

In the event that Party B is an individual of limited legal capacity, the Agreement should be read and agreed to by his/her legal representative before the registration for and usage of the Service. When an individual of limited legal capacity commences to use the Service, it shall be deemed that his/her legal representative has read, understood and agreed to the terms and conditions of the Agreement. On submitting the application mentioned in the preceding article, Party B should in the meantime present a written agreement issued by his/her legal representative to indemnify that the legal representative shall be jointly responsible for the repayment of any debts incurred by Party B to Party A.


 

Article 6

Pre-paid cards can be purchased at district service centers of Party A or through the company's Website. Further information on pre-paid card distributors can be found on the Website. If Party B wishes to return the card, Party B should bring the unused card to the store of the original card distributor for refund.


 

Article 7

Party B should provide truthful personal information and shall be solely responsible in the event of any disputes or violation of the law caused by any false information provided.


■ Chapter 3    Service Rates and Charges

 

Article 8

Detailed service types and service rates are announced on the Website. If there are any changes to the service rates, Party A shall announce such changes on the Website seven days before the effective date. The new rates shall be applied on the day they become effective.

1.

For Home Wi-Fi users, a setup fee and monthly rental shall be charged. The minimum lease period shall be one month consecutively. A fraction of a month shall be counted as a full month.

2.

Users opting for the "By Usage Time" plan of the Public Wi-Fi Service shall be charged by the minutes based on the time of online service provided. A fraction of a minute shall be counted as a full minute.

3.

Users opting for the "Monthly Rental" plan of the Public Wi-Fi Service shall be charged on a monthly basis. The minimum lease period shall be one month consecutively. A fraction of a month shall be counted as a full month.

4.

CHT Pre-Paid Cards are available as 1-day, 3-day, 7-day and 1-month cards. Based on their face value, the cards provide to Party B continuous and unlimited access to the Public Wi-Fi Service for 24 hours, 72 hours, 168 hours and 744 hours respectively from the first time they are used to access the Internet.


 

Article 9

If Party B chooses the "Monthly Rental" plan for the Home Wi-Fi or Public Wi-Fi Services, Party A shall consider the date of completion of installation as the Lease Start Date. No rental shall be charged on the Lease Start Date. The application date for termination of the service shall be considered as the Lease Termination Date, which shall be counted as one day of rental payment. The rent for the lease start month or the lease termination month shall be calculated based on the actual number of days of rental. The daily rental shall be calculated as 1/30th (one-thirtieth) of the monthly rental.


 

Article 10

Unless there is any objection or complaint against the amount payable, Party B should settle accounts payable in full within the deadline specified in the payment advice issued by Party A for the Home Wi-Fi or Public Wi-Fi Services, including the "By Usage Time", "Monthly Rental" and other service plans. If Party B fails to pay the full amount within the deadline, Party A may suspend the Service. If Party B remains unable to settle the payment within the extended deadline specified by Party A during the collection process thereafter, Party A may terminate the Service directly and pursue Party B for unpaid charges by any legal means available.


 

Article 11

Under the circumstances described in the preceding paragraph, if there is any excess or double payment made by Party B, Party A may apply the funds for the payment of the next month or subsequent payments after notifying Party B.


 

Article 12

Party A shall mail a payment invoice to the address registered by Party B for the rental of the broadband network or the mobile phone number. Party B shall take full responsibility if there is any delay or loss caused by Party B's failure to advise Party A of an address change.


 

Article 13

Pursuant to the requirements stipulated in the "Mandatory and Prohibitory Provisions of Standard Contracts for Telecommunications Products (Services) Coupons", Party A has entrusted a bank to provide a full performance guarantee on the prepaid cards. The guarantee period is one year from the date of sale.


■ Chapter 4    (Termination of the Service)

 

Article 14

If Party B wishes to terminate the "Monthly Rental" plans of the Home Wi-Fi or Public Wi-Fi Services, Party B should submit to Party A an application for termination at least five days prior to the expected date of termination.


 

Article 15

In the event that the lease is terminated before the expiration of the minimum lease period stipulated in Article 8 above, Party B should effect a make-up payment to fulfill the minimum requirement. The make-up payment is not required, however, if the termination is caused by reasons not attributable to Party B.


 

Article 16

In the event that the Service has been suspended due to Party B's failure to make timely payments, involvement in activities described in Article 20 below, or violation of regulations, Party B should continue paying the rental for the suspended period. The maximum period for such payments, however, shall be one month. If the Agreement was established based on a special discount plan offered and is terminated by Party A before the expiry of the minimum period agreed due to the violation of the Agreement by Party B, Party B should compensate Party A for such early termination according to the terms and conditions of the special discount plan.


■ Chapter 5    (Handling of Service Interruptions)

 

Article 17

Party A, where necessary, may temporarily suspend or shorten the service operation time for system maintenance or modifications. In this case, Party A shall make announcements on the Website at least 7 days in advance.


 

Article 18

If Party B is completely unable to use the Service for communications due to overall malfunction or disruption of Party A's communication networks or system equipment caused by reasons attributable to Party A, Party A shall arrange a deduction to the monthly rental or a replacement of the pre-paid card based on the duration of continuous disruption during the service interruption. The following criteria shall apply, subject to that the maximum amount deducted from the monthly rental shall not exceed the amount of the monthly rental:


1. Home Wi-Fi Service:

 

 

 

Continuous Disruption Time

Minimum Deduction (from the monthly rental of the current month)

12 hours - up to
(but not including) 24 hours

5% deduction

24 hours - up to
(but not including) 48 hours

8% deduction

48 hours - up to
(but not including) 72 hours

10% deduction

72 hours - up to
(but not including) 96 hours

13% deduction

96 hours - up to
(but not including) 120 hours

16% deduction

120 hours – up to
(but not including) 168 hours

25% deduction

168 hours – up to
(but not including) 336 hours

50% deduction

336 hours and over

100% deduction

2. Public Wi-Fi Service
(1) Monthly Rental Plan:

 

 

 

Continuous Disruption Time

Minimum Deduction (from the monthly rental of the current month)

12 hours - up to
(but not including) 24 hours

5% deduction

24 hours - up to
(but not including) 48 hours

8% deduction

48 hours - up to
(but not including) 72 hours

10% deduction

72 hours - up to
(but not including) 96 hours

13% deduction

96 hours - up to
(but not including) 120 hours

16% deduction

120 hours – up to
(but not including) 168 hours

25% deduction

168 hours – up to
(but not including) 336 hours

50% deduction

336 hours and over

100% deduction

(2) Pre-Paid Card

 

 

 

Type of Card

Continuous Disruption Time

Number of CHT Wi-Fi Pre-paid Cards to be Replaced

1-day Card

Over 12 hours

One (1) 1-day Card

3-day Card

12 hours - up to
(but not including) 24 hours

One (1) 1-day Card

24 hours - up to
(but not including) 48 hours

Two (2) 1-day Cards

Over 48 hours

One (1) 3-day Card or Three (3) 1-day Cards

7-day Card

12 hours - up to
(but not including) 24 hours

One (1) 1-day Card

24 hours - up to
(but not including) 48 hours

Two (2) 1-day Cards

48 hours - up to
(but not including) 72 hours

One (1) 3-day Card or Three (3) 1-day Cards

72 hours - up to
(but not including) 96 hours

One (1) 3-day Card and one (1) 1-day Card; or Four (4) 1-day Cards

96 hours - up to
(but not including) 120 hours

One (1) 3-day Card and two (2) 1-day Cards; or Five (5) 1-day Cards

120 hours and over

One (1) 7-day Card; or two (2) 3-day Cards and one (1) 1-day Card; or seven (7) 1-day Cards

One-Month Card

12 hours - up to
(but not including) 24 hours

One (1) 1-day Card

24 hours - up to
(but not including) 48 hours

Two (2) 1-day Cards

48 hours - up to
(but not including) 72 hours

One (1) 3-day Card or Three (3) 1-day Cards

72 hours - up to
(but not including) 96 hours

One (1) 3-day Card and one (1) 1-day Card; or Four (4) 1-day Cards

96 hours - up to
(but not including) 120 hours

One (1) 3-day Card and two (2) 1-day Cards; or Five (5) 1-day Cards

120 hours - up to
(but not including) 168 hours

One (1) 7-day Card; or two (2) 3-day Cards and one (1) 1-day Card; or seven (7) 1-day Cards

168 hours - up to
(but not including) 336 hours

Two (2) 7-day Cards; or one (1) 7-day Card and two (2) 3-day Cards and one (1) 1-day Card; or one (1) 7-day Card and seven (7) 1-day Cards

336 hours and over

One one-month Card

The start of the disruption time indicated above shall be determined by the time Party A detects the problem or the time Party A first receives a complaint from Party B. However, if there are sufficient facts to ascertain the start of the disruption time, the actual start time of the disruption shall be applied.

■ Chapter 6    (Regulations to be Observed by Party B when Using the Services)

 

Article 19

For the Home Wi-Fi Service, Party B is responsible for safekeeping of the Wi-Fi key/password and to control Wi-Fi Internet sharing.


 

Article 20

The Service is provided to Party B for the purpose of conducting normal and lawful communications via the Internet. Where Party B is found to have engaged in any of the following activities, Party A reserves the right to suspend or terminate use of the Service. Party B may not request for refund or seek compensation, and shall be held legally responsible for any violations of the law. If Party B's actions have resulted in damage to Party A's interests, Party A may seek compensation from Party B: Prohibited activities include:

1.

Stealing, altering or destroying others' information;

2.

Copying others' information and selling or posting that information without authorization;

3.

Engaging in activities that cause disruption of communications to others or violating the rights and interests of other customers of Party A;

4.

Sending unsolicited and unwanted electronic messages to email inboxes of other parties without consent;

5.

Posting messages on forums that are irrelevant to the indicated topics of discussion;

6.

Sending spam mail and deliberately destroying email inboxes or communications equipment of other parties;

7.

Spreading computer viruses or computer programs that interfere with the normal operations of computers;

8.

Publishing or spreading words of intimidation, defamation, personal attacks and invasion of others' privacy, as well as pornographic material, text, pictures or images that are contrary to public order or morals;

9.

Accessing resources that have not been officially made available to the public or authorized by the owners;

10.

Affecting system operations negatively or creating an undue burden and load on the system;

11.

Providing products or services that are in violation of laws and regulations on the Internet;

12.

Using or commissioning another person to carry out the activities indicated in Subparagraph 4 herein;

13.

Reselling, leasing or lending the Service to a third party or conducting transactions by any other means without the consent of Party A;

14.

Other matters that are in violation of applicable laws.

To maintain and ensure the quality of its electronic mail service and to curb the dissemination of large amounts of spam and untruthful messages, Party A reserves the right to take any necessary administrative measures. The aforementioned electronic message administration practices shall be announced in the administration announcements section of the HiNet home page. Any changes to administrative measures shall also be announced at the same location. Party B may not object to these practices or seek compensation. The electronic messages mentioned in this Article refer to e-mail, SMS text messages and other information transmitted via communications equipment. Pursuant to the Copyright Act, Party A shall terminate the service in whole or in part if Party B repeatedly infringes the copyrights of a third party three times.


■ Chapter 7    (Confidentiality Obligations)

 

Article 21

Party A is responsible to keep confidential all the business information which is related to Party B. Party A shall not disclose such information to any third party unless the retrieval of information is required by Party B, or the disclosure is required for the following purposes which are in compliance with Article 20-1 of the Personal Information Protection Act, Article 7 of the Telecommunications Act or other related regulations:

1.

The information is required by judicial, supervisory or police authorities for the purpose of criminal investigation or collection of evidence.

2.

The information is required by other government authorities to enforce state authority, with well-justified reasons.

3.

The information is required by an organization (institution) for reasons which are critical to the lives and safety of the public or for emergency rescue.


■ Chapter 8    (Disclaimers of Party A)

 

Article 22

This Service is easily affected by radio frequency interference (e.g. lost data packets and intermittent disconnection) due to the ambient environment and wireless transmission technologies (e.g. microwave ovens, cordless telephones, Bluetooth devices and other WLAN signals). Party A shall not be held liable for any direct or indirect damages or losses caused by such interference.


 

Article 23

In the event that Party B is completely unable to perform any communications through the Service due to the malfunction or disruption of Party A's network or equipment, Party A shall not be liable for any damage or loss except for fee deduction or replacement of pre-paid cards as stipulated in Article 18 above.


 

Article 24

Party A may suspend or terminate the Service, in part or in whole, if it is necessitated by changes in the business environment. In this event Party A should make announcement at least one month prior to the scheduled date of suspension or termination of service. Party A shall arrange for the refund of unused pre-paid cards when requested by Party B, or deduction of monthly rental for the outstanding period. Otherwise Party A shall assume no further liabilities.


■ Chapter 9    (Amendment of the Agreement)

 

Article 25

Party A may, from time to time, amend the terms and conditions of the Agreement to accommodate the service requirements, technological or environmental changes of the telecommunications industry, maintenance requirements, or for any other reasons not attributable to Party A. Amended terms and conditions shall be announced on the Website at least seven days before the effective date. Party B may request for termination of the lease before the effective date if there is any objection to the amended terms and conditions. If Party B continues using the service after the effective date, it shall be deemed that Party B has agreed to the terms and conditions amended by Party A.


■ Chapter 10    (Availability of Service)

 

Article 26

If there is any suggestion or queries from Party B regarding the Service provided by Party A, Party B may call the designated service telephone of Party A, visit Party A's service centers or communicate in writing. Party A should handle the case according to the actual business situation, relevant regulations or business policies.
Designated Service Telephone of Party A: 0800-080-128(Service Issue Reporting), 0800-080-123(Service Explanation)


■ Chapter 11    (Addendum)

 

Article 27

The advertisements or promotional materials produced by Party A in connection with the Service shall be considered a part of the Agreement.


 

Article 28

If there is anything not covered in the Agreement, Party B agrees to follow the relevant laws or business regulations established by Party A.


 

Article 29

The terms and conditions of this Agreement shall be governed by the laws of the Republic of China.


 

Article 30

If there is any litigation arising from this Agreement and the amount involved exceeds the limit for small claim proceedings under the Code of Civil Procedures, both parties agree that the district court having jurisdiction over Party A's local branch office or over the place where the consumer relationship occurs should be the court of first instance.