KanHan --SMS

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General Terms and Conditions

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICES

These standard terms and conditions ("Terms and Conditions") form the basis of hksmsonline Services (the "Services") provided to you ("you" or "User") by KanHan Technologies Limited (the "Company"). The User is required to complete registration form and provide to the Company, and the Company reserves the right to approve or reject your registration.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, USER IS INDICATING ITS AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AS STATED HEREIN.

1) DESCRIPTION OF SERVICES

The Company is providing User with a capability to receive fax documents using electronic mail ("email") and to send and receive fax via hksmsonline website. User must provide its own email address to which the fax documents will be routed.

2) MODIFICATIONS TO TERMS AND CONDITIONS OF SERVICES 

The Company may change the Terms and Conditions from time to time by (i) posting the changes on the Company\'s website at www.hksmsonline.com ("hksmsonline Website") and/or (ii) sending information regarding the changes to the email address User provided. User is responsible for regularly reviewing the hksmsonline Website to obtain timely notice of such changes. You shall be deemed to have accepted such amendments by continuing to use the Services after such changes have been posted or information regarding such changes have been sent to you. 

3) CHARGES AND PAYMENT

i) User agrees to pay all charges for the Services to which User subscribes at the prices set forth on the hksmsonline Website and as updated from time to time by the Company. The Company reserves the right to change prices for use of Services. Such changes will be posted on the Company\'s hksmsonline Website and User is responsible for regularly eviewing such pricing information to obtain timely notice of such changes. Continued use of Services or non-termination of your account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

ii) User agrees and understands that any pre-paid subscription fees and deposit made are NON-REFUNDABLE. 
With respect to outgoing fax Services to either local regions or overseas countries, a transmission fee shall be charged for each fax-out page. In addition, IDD usage fee for outgoing fax to overseas countries shall be charged to User based on the total minutes of fax-out documents to a particular destination. All the aforesaid fees are payable in advance by deposit of a fixed amount. Based upon your use of Services, the deposit will thereafter be depleted according to the IDD tariff schedule as set out on the hksmsonline Website. With respect to the outgoing fax, the Company will bill User for each attempt made by the Company to send the fax where any transmission occurs is ompleted.

iii) User shall access to the hksmsonline Website regularly to check the User\'s current account balance, along with billing details and any accumulated charges and unused portion of deposit. Simply log on your hksmsonline Account at the hksmsonline Website, and choose "Payment Management" to view the relevant information. If you have any questions regarding any charges that have been applied to your account, you must contact the Company\'s sales hotline within 30 days of the charge date.

4) USER RESPONSIBLITIES

i) Once you become a User of the Services, you shall receive a User ID and a password. You are entirely responsible if you do not maintain the confidentiality of your User ID and password. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions. User agrees to immediately notify the Company of any unauthorized use of User\'s account or any other breach of security known to User. 

ii) User is solely responsible for the contents of his or her transmissions through the Services. User agrees not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. However, the Company reserves the right to take any action with respect to the Services that the Company deems necessary or appropriate in its sole discretion if the Company believes you or your information may create liability for the Company.

5) PERSONAL INFORMATION
 
The User agrees that the personal information provided by him or her to the Company may disclose and transfer to our subsidiaries, agents and representative, collection agencies, any third party service providers and any other persons under a duty of confidentiality to us for the purposes of our business.
 
6) DISCLAIMER OF WARRANTIES 

User expressly agrees that use of the Services is at User\'s sole risk. The Company expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. The Company makes no warranty that the Services will meet User\'s requirement, or that the Services will be uninterrupted, timely, secure, or error free; nor does the Company make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that effect in the software will be corrected. 

User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at User\'s own discretion and risk and that User will be solely responsible for any damage to User\'s computer system or loss of data that results from the download of such material and/or data. 

No advice or information, whether oral or written, obtained by User from the Company or through the Services shall create any warranty not expressly made herein. 
 
7) LIMITATION OF LIABILITY 

The Company shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Services or obtained or messages received or transactions entered into through the Services or resulting from unauthorized access to or alteration of User\'s transmissions or data including but not limited to, damages for loss of profits, use, data or other intangible, even if the Company has been advised of the possibility of such damages. 

8) INDEMNIFICATION 

User agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Services, the violation of this standard terms and conditions by User, or the infringement by User, or other user of the Services using User's computer, of any intellectual property or other right of any person or entity. 

9) TERMINATION 

i) Either party may terminate the Services by giving one month\'s written notice in advance to the other;

ii) The Company may terminate the Services without giving notice if in the Company\'s opinion:
(a) the User has failed to pay the Company any sums on the due date; or
(b) the User becomes insolvent or bankrupt or the Company has reasonable cause to believe that the User is unable to pay the Charges; or
(c) the User is in breach of any of the Terms and Conditions of the Services;
(d) there is any fraud, misuse or unauthorized use of the Services by any person, regardless of whether the Customer consented to or had knowledge of such fraud, misuse or unauthorized use

iii) Upon termination of the Services, User's right to use the Services and Software immediately ceases. 
User shall have no right and the Company will have no obligation thereafter to forward any unread or unsent messages to User or any third party. 

10) NOTICE

Notices given by the Company to User shall be given by email or by a general posting on the hksmsonline Website, or by conventional mail. Notices given by User to the Company shall be given by email or by conventional mail. 

11) LAWS

This Agreement shall be governed by and construed in all respects by the laws of Hong Kong. User and the Company shall submit to the exclusive jurisdiction of the courts of Hong Kong.
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