1. Definition
Fingerbox means Finger Box Limited
Subscriber means any legal entity (natural person, company or organization) which is identified on the application form or invoice whose application for the Services has been accepted by Fingerbox.
Services means the provision of access to the internet and any ancillary internet-based technologies and consulting and other services via the System, whether paid or unpaid, provided, maintained, or modified by Fingerbox to the Subscriber from time to time pursuant to the Agreement or as set out in the contents of Fingerbox’s quotation to the relevant Subscriber.
Commencement Date means the date on which the Services first become available for use by the Subscriber;
Charges means the charges payable by the Subscriber pursuant to the terms of the Agreement, including, but not limited to, all installation charges, monthly service fees, deposits and other charges for
which the Subscriber is liable;
2. Refund Policy
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Domain registration, hosting, and transfer fees are not refundable. Read our Customer Agreement for details.
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If you wanted to host your website somewhere else, you can have the domain remain registered with us and use a new ISP to host your domain. 「We Promise」, no extra charges will be imposed.
3. Payment
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Fingerbox will issue invoices for the Charges to the Subscriber by post, electronic mail and/or facsimile transmission. All Charges are due and payable on presentation of the invoice therefor. Fingerbox may charge a late payment interest charge calculated at the rate of 5% per month prorata on daily basis on any Charges not paid within 30 days after the date of the invoice therefor.
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The Subscriber shall provide and deliver to Fingerbox proof of any payment made by the Subscriber to the Fingerbox under the Agreement to the reasonable satisfaction of Fingerbox.
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Unless and until the Subscriber shall have complied with this sub-clause in respect of the relevant payment, Fingerbox shall be entitled to treat such payment yet due and outstanding.
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Fingerbox shall be entitled to reimbursement and payment of all fees and expenses (including legal fees and disbursements) on a full indemnity basis Fingerbox shall incur in the exercise of its rights hereunder including enforcement of payment of the Charges against the Subscriber, and without prejudice to the foregoing, shall be entitled to charge the Subscriber a late payment administration charge calculated at the rate of 35% or such other rate as Fingerbox shall advise on the total amount of any Charges not paid within 30 days after the date of the invoice therefor in the event that Fingerbox shall make use of the services of debt collection agencies for the collection of such Charges in which event the late payment administration charge shall become part of the debt payable by the Subscriber to Fingerbox and shall likewise be recoverable by Fingerbox from the Subscriber as if it is part and parcel of the Charges for the Services rendered by Fingerbox.
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If the payment has become due already. Service will be interrupted without notices. Late Charge HK$200 will be imposed for service reactivation.
4. Suspension of Services
Fingerbox may at its sole and absolute discretion, without terminating the Agreement and without liability, refuse to provide at all or immediately suspend part or all of the Services until further notice if:
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Fingerbox is obliged to comply with an order, instruction or request of government, regulatory body or other competent authority;
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Fingerbox considers it necessary or desirable to maintain or upgrade or modify the System for whatever reason. Fingerbox will give the Subscriber the 5 days period of notice practicable in the circumstances if it needs to suspend such Services for this reason; or
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Fingerbox needs to repair a fault in the System as a result of any unplanned outage, downtime or other reasons beyond Fingerbox’s control. The Subscriber acknowledges that Fingerbox may not be able to give the Subscriber any notice regarding suspension of the Services.
Fingerbox shall not be responsible for or liable to the Subscriber whatsoever and howsoever in respect of any emails, data, or information lost, not stored, or not transmitted attributable or related to the said event, and the Subscriber irrevocably and unconditionally waives and
forgoes all claims it might have against Fingerbox in respect thereof.
5. Confidential Information
Finger Box and client’s mutual objective is to provide appropriate protection for confidential information while maintaining both parties ability to conduct their respective business activities. Finger Box should keep the confidentiality of any information concerning the business or affairs of clients both during the course of agreement and at any time thereafter.
6. Intellectual Property Right
Client is responsible for all usage of copyright and Intellectual Property Right of all hardware, software installed and information used for their Web Content. Finger Box is not responsible for all the copyright and Intellectual Property Right for Client’s machine and content used while employing the services provided by Finger Box.
7. Non Extension or Termination
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Fingerbox may terminate the Agreement at any time by giving not less than 7 days written notice to the Subscriber.
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Fingerbox may at any time terminate the Agreement forth with on or without notice to the Subscriber if the Subscriber is unable to provide verification proof requested by Fingerbox, miss-use of the services which affected other service users, and/or any violation of Terms and conditions or the customer agreement.
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Fingerbox shall not be responsible for or liable to the Subscriber whatsoever and howsoever in respect of any emails, data, or information deleted, removed, lost, not stored, or not transmitted as a result of the termination, and the Subscriber irrevocably and unconditionally authorizes and instructs Fingerbox to delete and remove the same from any records or storage in respect of the Services And waives and forgoes all claims it might have against Fingerbox in respect thereof.
8. Legally Compliance
If client website or equipment is proven to provide services which is not legally or non-compliance to the law and regulation of HKSAR. Finger Box reserve the right to terminate Client contract and remove the client website without pre-notice.
9. Limitation of Liability
YOU AGREE THAT FINGER BOX LTD WILL NOT BE LIABLE AND RESPONSIBLE, UNDER ANY CIRCUMSTANCES, FOR ANY
(a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S),
(b) USE OF OR INABILITY TO USE THE SERVICE(S),
(c) INTERRUPTION OF BUSINESS OR INTERRUPTION OF THIRD PARTIES SERVICE PROVIDER,
(d) EVENTS BEYOND FINGERBOX.COM’S AND SUBCONTRACTOR’S REASONABLE CONTROL,
(e) LOSS INCURRED IN CONNECTION WITH YOUR SERVICE(S), INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS;
*FOR MORE DETAILS INFORMATION, PLEASE VISIT OUR CUSTOMER AGREEMENT
Fingerbox will not be liable to the Subscriber for any direct or indirect loss, whether arising from negligence, breach of contract or otherwise,
including without limitation for any loss of revenue, profits, business, contracts or data, or for any anticipated savings, business interruption or downtime.
10. Warranties
No warranties are given by Fingerbox in relation to the Services or the use thereof by the Subscriber and Fingerbox gives no guarantee of end to end bandwidth capacity or availability on the Internet. Fingerbox excludes all implied warranties including, without limitation, as to quality and fitness for purpose of the Services.
11. Amendments
Fingerbox may update, amend, modify or supplement the terms and conditions of this Agreement from time to time without notice which shall become binding to the Subscribers upon their accepting or using or continuing to use the Services.
12. Governing Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (Hong Kong).
The parties submit any difference or disputes arising in connection with the Agreement to the non-exclusive jurisdiction of the courts of Hong Kong.