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Terms and Conditions

1. The proposed solution and installation of Smart Living device or equipment (the "Products") in relation to the floor plan (the "Services") are provided by Hong Kong Telecommunications (HKT) Limited ("HKT").
2. The customer should ensure that all information provided to HKT is complete and accurate.
3. The customer should confirm all information relating to the proposed solution for the floor plan before signing off.
4. If the customer requests to make any amendments after signing off the proposed solution for the floor plan, HKT reserves the right to charge the customer any additional cost incurred (if any) or reject the request at its own discretion. Should an amendment be made upon the customer's request, the customer agrees to confirm by re-signing the revised solution for the floor plan and such revised solution in the floor plan shall be treated as the final version as agreed between the customer and HKT.
5. The customer agrees to make half of the total payment for the proposed solution upon written confirmation of the floor plan. The customer shall make the rest of the payment upon completion of work by HKT.
6. The customer is responsible for the following items and equipment prior to the installation of the Products including but not limited to:
   1. power supply and power sockets for devices;
   2. internet access;
   3. lighting / curtain / air conditioner / Audio & Visual Equipment ;
   4. DDNS* service for enabling home automation system out of home control function (for non-NETVIGATOR user). Please consult your Smart Living Technical Consultant for details.
7. HKT shall install the Products in accordance with the proposed solution for the floor plan and complete the installation according to the date as mutually agreed between the customer and HKT, subject to changes due to factors including but not limited to the progress of the site renovation, availability of the Products and the readiness for installation.
8. HKT shall not include the following items in the proposed solution, including but not limited to:
   1. provision and installation of conduits, trunks, lights/ lamps, electric appliances, power cabling, [external electrical works of an equipment], power sockets & curtains/blinds and corresponding accessories NOT purchased from HKT;
   2. setting up of high platform NOT provided by HKT.
9. The customer shall install, at his or her own cost, any device or equipment (the "Third Party Product") on site as advised by HKT's consultant prior to the provision of installation by HKT. The customer shall provide the brand and the model number of the Third Party Product to HKT for testing before installation. HKT may, at its own discretion, reject the installation if the Third Party Product is incompatible for connection of any Smart Living Products. Any connection of the Third Party Product with Smart Living Product without HKT's consent is at the customer's own risk and HKT shall not be liable for any cost, loss or damage in connection with it.
10. All intellectual property rights in relation to the proposed solution in the floor plan shall remain vested in HKT. The customer shall not use any intellectual property in relation to the proposed solution for the floor plan for any purpose without HKT's prior written consent.
11. To the extent permitted by law, HKT disclaims any warranty or responsibility, whether express or implied:
    1. as to the title, fitness for a particular purpose, merchantability, accuracy, standard of quality or performance of the Services;
    2. as to any results obtained from using the Services.
12. HKT's liability for loss or damage (including consequential loss, loss of business, revenue, profit or information) in contract, tort, under any statute or otherwise incurred by the customer or a person making a claim against the customer is excluded as far as the law permits.
13. HKT shall under no circumstances be liable whether in contract, tort, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for any special, direct, indirect or consequential loss or damage (including without limitation, loss of revenue or projects, loss of data or goodwill, or the loss of use of any equipment or software) which is suffered, sustained or incurred by the Customer arising (directly or indirectly) from or out of or relating to the Services
14. The customer shall indemnify and keep HKT fully indemnified against any action, liability, cost, claim, loss, damage, proceedings, expense including legal costs) suffered or incurred by HKT arising from or which is directly or indirectly related to the customer's use of the Services, including without limitation claims arising from or for any act alleged to be illegal, defamation or intellectual property right infringement or any breach of any provision contained in these terms and conditions by the customer.
15. Delivery of the Products will be delayed or cancelled when Typhoon Signal No. 8 or above or Black Rainstorms warning signal is hoisted on the scheduled date of delivery or one day before the scheduled dated of delivery. HKT shall contact the customer to reschedule the date of delivery and installation.
16. The customer should take care of his or her own furniture, interior decoration, floor, wall and other properties during the delivery and installation process. HKT shall not be responsible for any damage caused.
17. HKT shall not be liable for any delay or failure of performance of any of the terms and conditions caused by or resulting from wars, riots, acts of God, acts of terrorism, restrains imposed by government or any other industrial or trade disputes, fires, explosions, calamities, or any other causes beyond the control of HKT.
18. The customer shall not transfer or otherwise assign any of his other rights and obligations under these terms and conditions to any other third party without prior written consent from HKT.
19. No failure or delay of HKT to exercise any right power or remedy under these terms and conditions shall be operated as a waiver. The rights, powers and remedies provided in these terms and conditions are cumulative and are not exclusive of any other rights.
20. Request for on-site installation of the Products must be made to HKT at least (5) working days in advance during the working hour of HKT from Monday to Friday, from 9am to 5pm and on Saturday from 9am to 1pm (except public holiday).
21. If any provision of these terms and conditions is construed to be illegal or invalid, it shall not affect the legality, validity and enforceability of the other terms and conditions.
22. These terms and conditions embody the entire understanding between the customer and HKT and there is no promise, term or condition, oral or written expressed implied other than those contained herein.
23. HKT reserves the right to cancel or vary these terms and conditions without prior notice to the customer.
24. Save for HKT's affiliates, no other party who is not a party under these Terms and Conditions has any right under the Contract (Rights of Third Parties) Ordinance (Cap 623 of the Laws of Hong Kong) to enforce or benefit under these Terms and Conditions.
25. These terms and conditions shall be construed in accordance with the laws of Hong Kong Special Administrative Region ("Hong Kong") of the People's Republic of China and in case of any dispute the parties shall submit to the exclusive jurisdiction of the courts of Hong Kong.
26. In case of any inconsistency or between the English and Chinese version, the English version shall prevail.

*DDNS is a method of automatically updating a name server in the Domain Name System (DNS), often in real time, with the active DDNS configuration of its configured hostnames, addresses or other information.