TERMS AND CONDITIONS
KaAsenso
Subscription Certificate (for Internet Plans & TackThis)
I confirm that I have read and understood the PLDT terms & conditions concerning my subscription including any amendments found at www.pldtkaasenso.com.
I understand that my subscription is for a minimum of two (2) years from date of sign up, subject to the availment of special promos which may require longer subscription periods (The “Minimum Term”). By signing below I am eligible for freebies and promos discussed with me upon subscription.
After the Minimum Term, my subscription will be automatically renewed on the same period, terms and conditions, unless I submit a written request for cancellation to PLDT prior to the end of the Minimum Term.
PLDT reserves the right to change the plan offers after the minimum subscription period. I agree to pay downgrade or pre-termination fee as set by the current PLDT policy-equivalent to three (3) times the plan’s Monthly Service Fee (MSF) should I opt to downgrade my subscription plan or terminate the same during the Minimum Term or renewal thereof. I further understand that this remedy shall be in addition to such other remedies to which PLDT is entitled to under the law, including but not limited to remedies granted under Article 315 of the revised Penal Code.
I understand that there is a corresponding speed for my subscription plan and the speed of PLDT KaAsenso internet plan may slow down or experience down time whenever more than one (1) computer is connected to it. I agree that: (a) PLDT shall not be responsible for any speed slow down or down time that may occur due to the connection of more than the recommended number of computers to PLDT KaAsenso internet plan and that I shall not be entitled to service rebates for such speed slow downs or down times, (b) I shall hold PLDT , its directors, officers, employees and representatives, free and harmless from any and all liability for such speed slow down or down time should it be determined that the same is due to my fault or negligence, and (c) PLDT shall have the right to terminate my internet subscription for my failure to comply with the terms and conditions governing my subscription to PLDT KaAsenso internet plan.
I understand that I am being given a TackThis account which will allow me to promote and sell my goods and services on the internet through my own online store, as part of my PLDT KaAsenso Internet/Telpad Plan subscription (“PLDT KaAsenso subscription”).
As PLDT KaAsenso Subscriber, I shall enjoy free use of the TackThis basic plan with 15 product slots and a 20% discount on paid plans:
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TACK THIS PLANS
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PRODUCT SLOTS
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MONTHLY FEE (20% off vs. regular offer)
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BASIC
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15 (vs regular offer of 10 slots)
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FREE
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NOVICE
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30
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P 239
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PROFESSIONAL
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60
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P 479
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EXPERT
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100
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P 719
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PREMIUM
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UNLIMITED
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P 2,799
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Note: Offers are subject to change without prior notice.
Should I opt to subscribe to paid TackThis plan, I bind myself to pay, on top of my PLDT KaAsenso subscription fee, the TackThis plan’s corresponding monthly fee as shall be indicated in my PLDT bill.
I understand that my TackThis account is subject to PLDT’s standard credit policies and guidelines and in the event that I am unable to pay my PLDT bill, resulting to the temporary disconnection of my PLDT KaAsenso subscription, I will be barred from accessing and managing my TackThis account until such time that I am able to settle the corresponding dues to PLDT.
I understand that I may only avail of the above-listed exclusive TackThis plans as a PLDT KaAsenso subscriber and if I opt to terminate my PLDT KaAsenso subscription, my TackThis account will likewise be terminated.
I shall always be responsible for managing my TackThis account and online store. PLDT will not be held liable for any of the content I publish on the online store and any dealings I have with my customers, suppliers, couriers, and payment channels in relation to TackThis.
The PLDT KaAsenso is only a reseller of TackThis and as such:
- My PLDT KaAsenso subscription obligations as well as the terms and conditions stated in the PLDT Customer Information Sheet that I accomplished and signed shall be binding only between PLDT and myself.
- While the TackThis account was given to me as a PLDT KaAsenso subscriber, I shall always be responsible for reporting and coordinating any concern on my TackThis account and online store directly to TackThis.
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For after-sales concerns, I can contact the following:
- If my concern relates to my PLDT KaAsenso subscription: 172
- If my concern relates to my TackThis account: [email protected]
Tack This Terms and Conditions, found at www.tackthis.com/user/terms-of-service shall apply to my TackThis account.
TELEPHONE SERVICES
The PLDT telephone service shall be provided by PLDT in accordance with the following terms and conditions and the rules and regulations as approved by the then Public Service Commission, now National Telecommunications Commission (NTC), as well as the rules and regulations issued by other appropriate government entities.
A Subscriber’s service is classified as residential if the telephone is installed in private living quarters and used only for the social or domestic affairs of the household.
For the postpaid telephone service, the telephone instrument provided by PLDT is under warranty for the period provided for in the manual of service, which warranty period shall be reckoned from date of installation. In no case will PLDT be liable for repair or replacement of telephone units outside the warranty period. Only telephone units with factory defects will be replace within the said warranty period.
The Subscriber is liable to pay all tolls and charges originating at his telephone regardless of who may originate such calls charged against the Subscriber and included in the pertinent PLDT billing.
PLDT shall refuse and/or disconnect telephone service to any Subscriber or premises, or discontinue service if it determines that the Subscriber is not actually taking service at the place of installation or when necessary to protect itself against abuse or fraud.
DATA SERVICES
SERVICES
The PLDT data services consist of the Home DSL and Fibr (collectively, the “PLDT Data Services”). The terms and conditions (including any amendment) governing the use of the PLDT Data Services shall also be found in www.pldthome.com, as the case may be, (the “Website”). The Subscriber agrees and undertakes to consult the Website for the most updated version of the PLDT Data Services terms and conditions. In the event of conflict between these terms and conditions and the terms and conditions posted at the Website, the terms and conditions posted on the Website shall prevail.
Feed, Rates and Charges – The Subscriber shall pay PLDT the appropriate monthly service fee, rate, and/or charges (collectively, the “Total Charges”) for the use of the PLDT Data Services according to the Subscriber’s selected payment/data plan.
Activation of the PLDT Data Services – Within fifteen (15) working days from submission of the duly accomplished terms and conditions and related forms, PLDT shall proceed to install the PLDT Data Services. The Subscriber shall be given a user name and password (collectively, the “Access Codes”). The Access Codes shall be the Subscriber’s keys in accessing the pertinent PLDT Data Services. The Subscriber shall be responsible for keeping confidential the Subscriber’s Access
Codes and hereby holds PLDT free and harmless from any unauthorized use of the PLDT Data Services through the Subscriber’s Access Codes.
Minimum Speed and Service Reliability Applicable to Broadband Data Services – PLDT guaranteed a minimum broadband speed across all plans of 150kbps. Said minimum guarantee however excludes factors outside of the control of PLDT which, among others, include the length of copper wire from the PLDT exchange to the Subscriber’s premises; the number and type of other services being used over copper pairs in the same cable by other subscribers; the configuration and line quality of the copper wire pair between the PLDT exchange and the Subscriber’s premises; electrical interference from outside sources (such as electric motors or other electronic devices); the configuration of the copper wiring within the Subscriber’s premises; the software configuration and application on the Subscriber’s computer (in particular how it uses the uplink back to the PLDT exchange); the Subscriber’s hardware or modem; and the capacity of, load on, access data rate of the destination host computer or website which the Subscriber is accessing, and the number of computers connected to the broadband service.
Termination/Processing Fee – Service termination requests not otherwise due to the fault or negligence of PLDT shall take effect within reasonable period from receipt by PLDT of request. Appropriate termination penalty and/or processing fee for PLDT Data Services termination or plan downgrade may apply depending on prevailing PLDT Data Services promo.
Non-payment – The Subscriber shall pay PLDT delinquency charges amounting to 1.0% per month of the outstanding Total Charges if the Subscriber fails to pay the Total Charges within thirty (30) days after the invoice date.
Reconnection – The Subscriber may have the PLDT Data Services reconnected by paying to PLDT: (a) all outstanding Total Charges; (b) the applicable delinquency charges; and (c) reconnection fee.
Bandwidth, Data Storage and Other Limitations – The Subscriber shall comply with the current bandwidth, data storage, and other limitations of the PLDT Data Services. The Subscriber shall ensure that its activity does not improperly restrict, inhibit, or degrade PLDT’s or any other party’s use of the PLDT Data Services nor represent (in PLDT’s sole discretion) an unusually large burden on the PLDT network.
The PLDT residential service offering is a consumer product designed for Subscriber’s exclusive and personal use of the Internet only. The Subscriber shall not run a server in connection with the PLDT Data Services or connect more than the agreed number of terminals, nor shall the Subscriber provide network services to others via the PLDT residential service.
Service Commitment, Additional Charges and Property Rights – The Total Charges due to PLDT shall continue to accrue without deductions even in case of service interruption. Due to
the nature of the Internet, PLDT does not warrant fast and efficient Internet access to be available at all times. However, PLDT shall exert its best efforts to ensure continuous fast Internet at the premises of the Subscriber.
PLDT owns the property rights and interest in the PLDT Data Services and all that is attached to the system. The Subscriber, hereby undertakes to uphold the property rights and interest of PLDT and hereby binds itself to refrain from taping, recording, duplicating or otherwise reproducing, in any manner and form whatsoever and for any purposes, the programs, trademarks/logo, copyrights and services received by and passed to him/in under and by reason of these terms and conditions.
Acceptable Use Policy – In PLDT’s efforts to promote good citizenship within the Internet community, PLDT will respond appropriately in the event that it becomes aware of any inappropriate use of the service. PLDT reserves the right to monitor bandwidth, usage and content, and from time to time to operate the service to identify violations of the Acceptable Use Policy or any inappropriate use of the service and/or to protect the PLDT network and other PLDT subscribers.
If the PLDT Data Services is used in a way which in PLDT’s sole discretion, would be considered inappropriate, PLDT may take any action deemed appropriate, including but not limited to the temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the PLDT Data Service, without incurring any liability for damages.
GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL PLDT SERVICES
Reselling/Illegal/Prohibited Use – The Subscriber’s right to use the pertinent PLDT service is personal to the Subscriber. The Subscriber agrees not to resell or to make any commercial use of the Service, without the prior express written consent of PLDT.
The PLDT service/s shall not be utilized in bypassing or in activity/ies that tend to bypass the Public Subscriber Telephone Network (PSTN) of PLDT or be used in prohibited services like callback, dialback, unauthorized audio text, International and National Simple Resale (ISR/NSR) and other similar services (the “Unauthorized Activities”). PLDT is entitled to a bypass compensation fee on account of any of the above Unauthorized Activities. The bypass compensation is payable, without any limitation, from the time the Unauthorized Activity occurred or was discovered by PLDT, whichever is earlier, until the actual cessation thereof. For this purpose, PLDT shall have the right to full access to the relevant books and all other records of the subscriber in order to ascertain the volume of traffic and total amount of bypass compensation payable. In absence of said record, PLDT shall have the sole discretion in the determination of the bypass compensation. In addition to the Unauthorized Activities referred to above, the Subscriber undertakes not to use the PLDT service for any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty (the “Illegal Activities”).
Customer Premises Equipment – Any equipment, device, cable including connections and other accessories provided by the PLDT and installed at the Subscriber premises, except for prepaid telephone service, shall at all times remain the property of PLDT and the Subscriber shall have no right or interest over the same expect the right to use the same. The Subscriber shall take proper care of said equipment, shall not remove the same from the place of connection by PLDT nor directly or indirectly allow the connection, disconnection, movement, and/or alternation of such equipment by any person other than duly authorized PLDT personnel and without paying the necessary charges therefore, if any. The Subscriber shall be liable to PLDT for any loss or damage to the equipment upon the installation thereof by PLDT. The equipment referred to herein shall be pulled-out and/or returned to PLDT upon termination of this Agreement or disconnection of pertinent PLDT service, without need of notice or demand. Failure of the Subscriber to return the Customer Premises Equipment may, among others, give rise to liability or penalty under Article 315 of the Revised Penal Code.
Customer-Owned Attachment – For permitted customer-owned attachment, the Subscriber agrees to be solely responsible for any security breach that may arise from the use thereof such as, but not limited to, PBX hacking, in-house fraud, unauthorized call forwarding, or illegal connection through house cable wiretapping, and agrees to be liable to PLDT for all call charges accruing as a result of such security breach. Subscriber shall not in any manner undertake re-tagging of lines either directly or indirectly or provide for dummy numbers to be reflected as the calling number from their customer owned attachment using services subscriber from PLDT, without the prior written consent of PLDT. In case a permitted customer owned attachment affects or impairs the quality of the pertinent PLDT service, PLDT shall have the right to demand the immediate disconnection or discontinuance of the use thereof.
Billing – PLDT shall forward to the Subscriber a monthly billing for the use of the pertinent PLDT Service. Notwithstanding the non-delivery or late delivery of the pertinent PLDT bill, it shall be the responsibility of the Subscriber to inquire about his outstanding Total Charges by calling the PLDT hotline at telephone number 171 and pay the outstanding Total Charges, without need of further demand, on or before the due date thereof.
Payment – The Subscriber shall pay any and all outstanding Total Charges on or before the due date indicated in the PLDT bill. Payments may be made at any of PLDT’s offices, through duly authorizes banks, or to its duly authorized collectors. PLDT shall not be liable for any payment made to persons other than its authorized representatives. Payment made by check shall not release the Subscriber from liability for non-payment until the check is cleared and payment is credited to PLDT’s account. The Subscriber shall indemnify PLDT for any and all penalties, fees and charges arising from or by virtue of the dishonor of the Subscriber’s check. PLDT likewise reserves the right to disconnect the pertinent PLDT Service for the dishonor of the Subscriber’s check. PLDT reserves the right to discontinue service due to non-payment of overdue accounts. PLDT also reserves the right, subject to the limits prescribed by existing laws, rules, and regulations impose penalties or interest for non-payment of overdue accounts. PLDT reserves the right to automatically bar access to services, including toll access, for non-payment of the allowable toll charges without prejudice to the exercise of other remedies under existing law, rules, and regulations.
Change in Fees/Charges – PLDT reserves the rights to increase any of the fees and charges or impose new or additional fees and charges applicable to the pertinent PLDT service, subject to appropriate approvals from the NTC or other government agency/ies having jurisdiction over the approval thereof.
Change in Billing Address - The Subscriber undertakes to inform PLDT in writing of any change in his personal circumstances and billing address. The Subscriber hereby holds PLDT free and harmless from the consequence of its failure to comply with its undertakings hereunder.
Taxes and Other Charges – Any and all taxes including value-added tax (VAT) and/or Overseas Communications Tax (OCT), charges, fees and other imposts that may be imposed by the government of the Republic of the Philippines or any of its instrumentalities or other applicable authority in connection with or incidental to the provision of the pertinent PLDT service shall be for the sole account of the Subscriber.
Access to Premises – The Subscriber shall grant the duly authorizes personnel of PLDT access t the Subscriber’s premises for maintenance and inspection purposes.
Disclaimer and Limitation of Liability – Except as provided under the foregoing terms and conditions, PLDT gives no warranty with respect to the speed and quality of data or voice transmitted by, and any intrusions on the telephone lines, software/internet access of the Subscriber and shall not be liable to the Subscriber for any claim or liability whatsoever (including loss of data, profits, loss of savings or incidental or consequential damages) arising out of the Subscriber’s use of or inability to use the pertinent PLDT services or the software/internet access, even if PLDT had been advised of the possibility of such damages, or for any claim by any other person.
In the event of any service interruption, PLDT shall not be liable for any and all damages that may be suffered by the Subscriber for the service interruption.
Subscriber shall hold PLDT, its directors, officers and employees free and harmless from and shall indemnify them for any liability arising from any and all suits, actions and/or claims made by any person, natural or juridical, against the Subscriber or PLDT arising from the Subscriber’s use of pertinent PLDT service. Notwithstanding anything contained herein to the contrary, any liability adjudged against PLDT in connection with or arising out of this Agreement shall be limited to the payment of the most recent charges actually paid by the Subscriber to PLDT.
Disconnection – Subject to existing provisions of law, violation of any of the foregoing provisions shall give PLDT the right to immediately disconnect the pertinent service without incurring liability for damages. Such disconnection shall not relieve the subscriber from any monetary obligations accruing prior to the disconnection or from any liability to PLDT as a consequence of such violation.
Non-Transferability – All PLDT Services, the Customer Premises Equipment including any of the foregoing terms and conditions may not be leased, assigned or transferred by the Subscriber without the prior written consent of PLDT. Any lease, assignment or transfer made without the necessary PLDT consent shall be void and PLDT shall have the right to continue billing and holding the subscriber on record liable under the pertinent terms and conditions as if no such lease, assignment or transfer was made.
Amendment – PLDT reserves the right to ament any of the provisions of any of the foregoing terms and conditions. Any such amendment shall take effect fifteen (15) days from notice to the Subscriber, through whatever means, or by posting at the pertinent PLDT website. The continued use and availment of the pertinent PLDT service shall give the undisputed presumption that the Subscriber fully agrees and undertakes to adhere to such amendments.
Rights Cumulative – All rights, powers or remedies, either under the foregoing terms and conditions granted to PLDT shall be cumulative and not alternative and shall be in addition to and not in substitution for and in derogation of the rights, powers and remedies conferred to PLDT by law.
Non Waiver – The failure of PLDT to enforce any of its rights under these terms and conditions or any portion thereof, for whatever reason, shall not be construed as a waiver of such right.
Severability – The subscriber agrees that if a court of competent jurisdiction declares any portion of the pertinent terms and conditions governing a particular PLDT service are declared to be invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will in full force and effect.
Venue of Actions – The parties agree that the venue of all actions arising from any of the foregoing terms and conditions shall be the court of proper jurisdiction of Makati City, Metro Manila, Philippines to the exclusion of any other venue.
DSLBiz
PLDT DSLBiz SERVICE TERMS AND CONDITIONS
1. Contract Documents
a. The following documents shall, by this reference, form integral parts of the contract between PLDT and the Customer for the provision by PLDT of the PLDT Business DSL Service (the “Service”):
(1) Proposal with Customer’s written conforme, which contains the commercial terms of the Contract; and
(2) This PLDT Business DSL Service Terms and Conditions (collectively, the “Contract”).
b. In case of any conflict in the interpretation of the provisions of the aforementioned documents, these Terms and Conditions shall prevail.
2. Customer Responsibilities
The Customer shall have the following responsibilities for the proper installation, operation and maintenance of the Service:
a. Provide access and clearance to allow duly authorized PLDT personnel to enter and leave the Customer’s premises at reasonable hours or at such frequency as may be necessary, and subject to prior notice to the Customer, for the purpose of conducting site surveys, installation, inspection and maintenance, and/or removal of its equipment and facilities used in connection with the Service. In the event that the Customer’s premises is located inside a building, the Customer shall coordinate with the building administrator/property management office of the building and secure the necessary permits granting PLDT egress and ingress to the building twenty-four (24) hours a day, seven (7) days a week for maintenance, test and repair, and installation activities, subject to compliance by PLDT with reasonable building security regulations.
b. Prepare all the required civil works, conduits and in-house wiring installations prior to the installation of the Service. PLDT reserves the right to delay installation works in the event the required civil works, conduits, and in-house wiring have not yet been installed, or in the alternative, start billing for the installed services notwithstanding the Customer’s inability to use the same owing to its failure to install the required civil works, conduits, and in-house wiring in a timely manner.
c. Provide the required Uninterrupted Power Source (UPS) in each location to ensure the uninterrupted power supply necessary for the continuous operation of the Service. The Customer shall provide electric power from a commercial source connected to the standby generator required for the efficient operation of PLDT-provided equipment.
d. Provide the interface cables between the PLDT equipment and the Customer-provided equipment.
e. Ensure that no connection, disconnection, movement, and/or alteration of any and all equipment and facilities furnished by PLDT are conducted by parties other than the duly authorized PLDT personnel.
f. Provide a secure, clean and a well-ventilated and air-conditioned room suitable for the proper and continuous operation of all equipment used in the provision of the Service.
g. Provide due care to all PLDT-owned equipment installed in its offices (the “Customer Premises Equipment” or “CPE”). The Customer shall be liable for any loss or damage to such Customer Premises Equipment upon completion of installation thereof by PLDT unless such loss or damages are directly due to causes beyond the Customer’s reasonable control.
h. Ensure that it and its representatives shall not assign, transfer, sublease, charge or otherwise part with the CPE; neither shall the Customer permit any extension of the Service whether or not said extension may cause damage or interference to the Service, without prior written consent and approval of PLDT.
i. Provide its own additional protection to its system against external attacks/hacks. In the event of such occurrence, it is the Customer’s responsibility to investigate the matter with the proper assistance of PLDT or its subsidiaries and/or affiliates.
3. Applicable Prices and Taxes
a. Prices quoted are based on initial network design/configuration presented subject to change depending on the final network configuration determined during the actual survey. PLDT shall inform the Customer of any change in the network configuration and seek prior approval for any change in price from the original proposal as a result of the difference between the network design/configuration presented and the actual configuration. Should the Customer not approve the change in initial network design/configuration and price, PLDT and the Customer shall negotiate to achieve a mutually acceptable solution.
b. Unless otherwise indicated, the prices quoted in the Proposal are exclusive of the 12% Value Added Tax (VAT)/Overseas Communications Tax (OCT). Applicable taxes may apply for services provided by foreign carriers (applies to international services only).
c. For customers claiming tax exemptions, the necessary exemption certificates and/or documents shall be submitted prior to installation of the Service.
d. The prices provided for in the Proposal shall be valid for thirty (30) days from the date thereof.
e. In addition, the price shall be subject to fulfillment by the Customer of the special conditions (if any are specified in the Proposal) pursuant to which PLDT offered such price. Non-fulfillment by the Customer of such special conditions shall entitle PLDT to amend the price of the Service.
4. Installation and Lead-times
Installation and activation of the Service shall be based on the mutually agreed Ready For Service (RFS) date. The projected installation and activation lead time is determined on the basis of the location of the Customer’s site (whether the site is within or outside PLDT’s franchise area) and whether the provision of the Service in the Customer’s site requires the construction and installation of additional or new facilities.
5. Delivery of Equipment; Acceptance of the Service
a. Upon delivery of the CPE to the Customer’s designated site, the Customer shall sign an Endorsement of Property and Service (EPS) form to acknowledge receipt of the CPE.
b. Upon activation of the Service and conclusion of PLDT’s testing thereof based on PLDT’s parameters, the Customer shall cause its duly authorized or designated representative(s) to sign PLDT’s Acceptance of Service Form (ASF). If, for any reason whatsoever, PLDT shall not hear from the Customer or receive the signed ASF within seven (7) days from date of endorsement of the form, PLDT shall assume that the Service is working, deemed accepted and billable. PLDT shall therefore take this as commitment on the Customer’s part to pay/settle necessary billing components/charges for the Service as set forth in the Proposal.
c. PLDT’s responsibility shall strictly relate to the Service as described in the Proposal only. PLDT expressly waives liability for claims arising from internal hardware problems and software requirements of the Customer.
6. Payment Terms
a. Billing shall commence one (1) day after activation of the Fixed Bundle Service(s). Delivery and turn-over of PLDT Add-ons & Freebies shall not hinder the start of the Effective Billing Date of the Fixed Bundle Service.
b. PLDT has the option to provide the bill for the Service using any media available such as, but not limited to, electronic mail, or printed bill sent through courier or mail.
c. Payment must be remitted to PLDT within the stipulated due date as indicated in the bill.
7. Contract Period
a. The Contract term shall be twenty four (24) months from the date of activation of the Service.
b. If PLDT does not receive any written termination advice from the Customer sixty (60) days before the end of Contract term, the Contract shall be deemed automatically renewed for a period equivalent to the original term.
8. Cancellation of Order
In case of cancellation of order:
a. After installation but prior to acceptance of the Service, the Customer shall pay 100% of the total Contract value for the CPE that may be provided by PLDT and P10,000.00 to compensate PLDT for the costs incurred by it in the installation works.
b. After installation and Service has been accepted, the Customer shall pay the standard Pre-termination charges as stated in Section 9.
9. Pre-termination of Contract
a. In case of pre-termination of Contract without fault on the part of PLDT:
(1) The Customer is required to submit a written notice at least sixty (60) calendar days prior to the date of circuit termination stating the reason/s for such request.
(2) Pre-termination charge equivalent to 100% of the unrealized Monthly Recurring Charges (MRC) for the unexpired Contract term will be imposed.
(3) In addition, a de-installation charge amounting to the actual total expenses incurred (“De-installation Charge”) will be imposed.
(4) Total pre-termination charge shall be computed as follows:
Total Pre-termination Charge = (No. of months remaining in the contract x MRC) + De-installation Charge
b. Upgrading/Downgrading of Service within the Contract term
(1) Upgrading within the Contract term is allowed, subject to an adjustment in the fees payable to PLDT for the upgraded Service. However, downgrading is not allowed within the Contract term, unless the Customer pays pre-termination charges computed in accordance with the following formula:
Pre-termination charge = (MRC under the original Contract - MRC of the downgraded Service) x No. of months of the original Contract.
(2) It is understood that the Customer is still obligated to pay the MRC for the downgraded Service for the remainder of the Contract term.
10. Discontinuance of Service
a. PLDT has the option to discontinue the Service for the Customer’s failure to pay the fees due within the period provided for in the relevant bill. Subject to one (1) month prior written notice to the Customer and provided that the Customer continues to fail to pay the required amount despite such notice, PLDT has the option to discontinue the Service for non-payment of the overdue account, as well as other accounts involving other existing PLDT services which, based on PLDT records, are maintained or owned by, or kept under the same Customer’s name. Aside from the outstanding charges of the Customer due to PLDT, applicable pre-termination charges shall be imposed, subject to Section 9 hereof.
b. The basis for disconnection of Service will be the stipulated due date in the billing statement.
c. The Service is intended for the Customer’s internal operations and not intended for national/international resale of voice and/or data. The circuits of the Service will not be used for any Voice Callback, or any form of Public Switched Telephone Network (PSTN) by-pass operation similar to that of an International Simple Resale or ISR (the “Unauthorized Use/s”).
PLDT reserves the unilateral right to immediately terminate/cancel the Service at any time and without prior notice should PLDT find any Unauthorized Use or find that the Service or any of the circuits provided therefor are utilized other than for their specified purpose and/or in any instance that PLDT finds that any of its materials, wires, equipment, and devices, resources and effects are actually being used or have been used by the Customer but without, however, securing the prior written consent of PLDT. PLDT also reserves the further right, and also without prior notice, to immediately disconnect and recover its materials, wires, equipment, and devices and such resources and effects which are found to be illegally connected and/or attached to PLDT facilities and properties without the knowledge, authority and/or prior written consent of PLDT. Finally, PLDT reserves the right to collect monetary compensation due to revenue loss occasioned by such unauthorized use and/or operations or to collect from the Customer liquidated damages in the total amount of One Million Pesos (Php1,000,000.00), whichever is higher.
d. In addition to having the Service temporarily/permanently disconnected and the Customer shall be liable to pay pre-termination charges computed in accordance with Section 9.a.
11. Force Majeure
a. PLDT shall not have any liability whatsoever or be deemed to be in default for any delay or failure in the performance of its obligations under the Contract resulting from acts beyond its control, including without limitation, international system cable faults; acts of God, acts of nature, such as, but not limited to, typhoon, flood, landslide, earthquake, tsunami, lightning, a natural disaster of overwhelming proportions; acts or regulations of any governmental or supranational authority; war; national emergency; accident; fire; riot; strikes, lock-outs, industrial disputes (whether or not involving PLDT’s employees); epidemic or pandemic.
b. In the event of disconnection of the Service arising from force majeure, PLDT shall endeavor to restore the Service as soon as possible, subject to its discretion in the allocation of available resources.
12. Indemnification
The Customer agrees to defend, indemnify and hold PLDT, its directors, officers and employees, free and harmless from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or these Terms and Conditions by the Customer (or any party using the Customer’s account, with or without the Customer’s permission, to access the Service); (b) the use of the Service or the placement or transmission of any message, information, software or other materials using the Service by the Customer (or any party using the Customer’s account, with or without the Customer’s permission, to access the Service); (c) negligent acts, errors, or omissions by the Customer’s (or any party using the Customer’s account, with or without the Customer’s permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Terms and Conditions, except to the extent that such liabilities arise from the act, negligence or willful misconduct of PLDT; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, any software, or the Internet.
13. Limitation of Liability
In no event shall PLDT be liable for any loss of revenue, business opportunity or business advantage, loss of use, interruption of business, any indirect, incidental, special or consequential damages, even if PLDT has been advised of the possibility of such claims.
14. Acceptable Use Policy for PLDT DSL Service
The Customer shall use the Service in accordance with applicable law, including relevant regulations, ordinances, orders or decrees; and with morals, customs and public policy and shall ensure that its use thereof shall not adversely affect, interfere with or disrupt the use of the Service by other parties or the manner by which PLDT provides the Service or any other services to others.
15. Violation of Acceptable Use Policy
a. PLDT will respond appropriately in the event that it becomes aware of any Unauthorized Use or use of the Service in violation of the aforementioned Acceptable Use Policy. PLDT and its various affiliates and partners reserve the right to monitor bandwidth, usage and content from time to time to operate the Service to identify violations of the Acceptable Use Policy, and/or to protect the network and PLDT users.
b. PLDT shall advise customers of inappropriate behavior and take any necessary corrective action. However, if the Service is used in a way which PLDT, in its sole discretion, believes is violative of the Acceptable Use Policy, PLDT may take any immediate responsive action it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content and the immediate suspension or termination of all or any portion of the Service. PLDT shall not be liable for any such responsive actions and such acts shall be without prejudice to any action available to PLDT under these Terms and Conditions, the law or in equity in order to recover any and all damage/s suffered by PLDT arising from the violation of the Acceptable Use Policy.
c. PLDT reserves the right to investigate suspected violations of the Acceptable Use Policy, including the gathering of information from the user or users involved and the complaining party, if any, and the examination of any information on PLDT’s servers and network. During an investigation, PLDT may suspend the Service of the Customer and the Customer hereby authorizes PLDT to cooperate with (i) law investigation authorities in the investigation of suspected criminal violations, and (ii) system administrators of other internet service providers or other network or computing facilities in order to enforce the Acceptable Use Policy. Such operation may include PLDT providing the username, IP address, or other identifying information about the Customer. Upon termination of an account, PLDT is authorized to delete any files, programs, data and e-mail messages associated with such account.
16. Representations and Warranties
a. Each party represents and warrants to the other party that:
1. It is a corporation duly organized and validly existing under the laws of the Republic of the Philippines and has all the legal power and authority to execute this Agreement and to carry out the terms, conditions and provisions hereof;
2. The Contract constitutes a valid, legal and binding obligation, enforceable in accordance with its terms;
3. There are no actions, suits or proceedings pending, or to its knowledge, threatened, against or affecting it before any court or administrative body or arbitral tribunal that might adversely affect its ability to meet and carry out its obligations under the Contract;
4. The execution and delivery of the Contract has been duly authorized by all requisite corporate action, and will not contravene any provision of, or constitute a default under, any other agreement or instrument to which it is a party or its property may be bound.
17. Non Waiver
Failure to enforce compliance with any term or condition of the Contract will not constitute a waiver of such term or condition of the Contract or the right to subsequently enforce such term or condition in the future.
18. Governing Law, Venue of Suits, Attorney’s Fees
a. The Contract shall be governed by and construed in accordance with the laws of the Philippines.
b. In case of any dispute that may arise in connection with these Terms and Conditions, the parties shall promptly meet and exert best efforts towards an amicable settlement of the dispute in good faith. In the event such dispute is not resolved amicably within a period of thirty (30) days from the date of its occurrence, the same may be resolved through legal action.
c. In the event of suit, venue shall exclusively be in Makati City, Metro Manila. In the event that either party is compelled to seek judicial relief against the other party in order to enforce any or all of its rights under these Terms and Conditions, the erring party, as determined by the proper court, shall, in addition to any other damages that may be awarded by the court, hereby agrees to pay an amount equivalent to twenty-five percent (25%) of the amount claimed by the aggrieved party but shall in no case be less than Fifty Thousand Pesos (P50,000.00), as and by way of attorney’s fees, apart from the costs of litigation and other expenses which the law allows the aggrieved party to recover from the erring party.
FibrBiz
1. DEFINITION OF SERVICE
For purposes of this Agreement, the term “Service” shall mean the Fibr Biz broadband service that you have selected. For purposes of this agreement; “Equipment” shall mean the Optical Network Unit (ONU) modem, PLDT Voice Line unit, Biz Box modem,.
2. USER’S RESPONSIBILITIES
2.1 You acknowledge that you have the legal authority to enter into this agreement, being the duly designated representative of your company and affirm that the information you supply to us is correct and complete. You understand that for purposes of this agreement the term "You" shall mean the company that you represent.
2.2 You understand that PLDT relies on the information you supply and that providing false or incorrect information may result in Service provisioning delays or suspension or termination of your Service. You agree to promptly notify PLDT whenever your billing information changes.
2.3 That in order to avail of the Fibr Biz, you shall subscribe to a Fibr Biz service for a minimum contract term indicated in this proposal. PLDT retains absolute ownership over the said Equipment to be provided to you as a consequence of such subscription devices until the end of this contract period. In case of pre-termination, you agree to allow PLDT to retrieve all PLDT-owned Equipment and other appurtenances and accessories installed at or within your premises and further agree to pay the necessary pre-termination charges and equipment charges.
2.4 You undertake not to resell, assign, transfer, sublease, change or otherwise part with PLDT’s Equipment. You further undertake not to resell or make any commercial use of the Service without prior written consent of PLDT. If such violation is found, PLDT shall have the right to immediately disconnect/terminate the Service without obligation of serving a prior written notice.
2.5 PLDT reserves the right to audit connections through ocular or electronic audit/inspections to enforce these or any and all other provisions of this agreement.
3. AVAILABILITY OF SERVICE
3.1 The Service you select may not be available in all areas, and some telephone lines may not qualify for the Service even if initial testing showed that your telephone line was qualified.
3.2 PLDT may, at any time, without notice or liability for damages in any case, restrict the use of the Service or limit its time of availability in order to perform Service or Equipment maintenance activities. PLDT shall however, immediately inform the Subscriber, whenever feasible, of any operational problems or outages, and shall forthwith restore the Service upon such occurrence.
4. TERM AND TERMINATION
4.1 The subscription term begins on the date of your acceptance and ends after completion of the number of payment periods or as agreed in the Order Form (the “Term”). You shall pay the amount as agreed upon in the form above or as supported by necessary documents (i.e. tax exemption, discount approval, etc). The rates for availed Add-Ons shall be billed on top of the monthly billable amount of the Fibr Biz Service, for a period as indicated in the Order Form. However, should you wish to terminate the Service before the expiration of the Term, the request for service termination shall be subject to a 30-day prior written notice to PLDT. In addition, you agree to pay pre-termination penalty using the formula provided for in paragraph 4.10 hereof.
4.2 You understand that the delivery of Hardware which forms part of the Fibr Biz add-ons will be provided only after the service has been turned over to you for your official use.
4.3 You shall pay PLDT all the required charges set forth in this agreement or any revisions thereof that may arise in connection thereto subject to such changes consistent with the requirements that the National Telecommunications Commission (NTC) may impose or approve pursuant to under its existing laws, and subsequent rules and regulations.
4.4 Billing shall commence one (1) day after activation of the Fixed Bundle Service(s) as indicated in the ASF form duly signed by your authorized or designated representative(s). Delivery and turn-over of PLDT Add-ons & Freebies shall not hinder the start of the Effective Billing Date of the Fixed Bundle Service. If, for any reason whatsoever, we shall not hear from you or receive the signed ASF within twenty four hours (24) from date of endorsement of the form, we shall assume that the service is working, deemed accepted and billable. We shall therefore take this as commitment on your part to pay/settle necessary billing components/charges for the service(s) in accordance with this signed Proposal with Conforme and consistent with the provision as herein stated.
4.5 In the event that you fail to pay the charges referred to in the preceding paragraph within thirty (30) days from receipt of the PLDT billing statement, PLDT shall issue a Notice of Disconnection at the end of the month following the unpaid billing period (the "Notice of Disconnection"). The Notice of Disconnection shall require you to pay the outstanding charges within ten (10) days from receipt of the said Notice of Disconnection. If notwithstanding said Notice of Disconnection, you still fail to make the necessary payment in full, the Service shall be temporarily disconnected (the "Temporary Disconnection"). You should settle the outstanding charges within thirty (30) days from date of Temporary Disconnection; otherwise, the Service shall be permanently disconnected. If your company fails to pay the monthly charges within the required period and there is no deposit that can be the subject of off-setting, you shall pay late payment charges equivalent to one percent (1%) of the unpaid amount per month or a fraction of a month, reckoned from the day following the due date of payment, until fully paid.
4.6 In any case, the termination of the Fibr Biz Service shall not prejudice PLDT’s right to collect any unpaid charges from the company you are currently representing.
4.7 Reconnection of permanently disconnected Fibr Biz Service shall require full payment by you of the outstanding balance and the corresponding late payment charges for late payment, plus a reconnection fee of P 500 if the Service had already been suspended for 3 months or the amount of P2,500 if the Service had already been suspended for more than 3 months but not more than 6 months. All applicable one-time charges shall be applied in case of reconnection of permanently disconnected lines.
4.8 It is understood that in addition to the monthly recurring charges, you shall pay the applicable Value Added Tax (“VAT”), or other applicable present or future taxes that may be levied or imposed by any governmental authority or its instrumentalities or required to be paid under this agreement as imposed by any governmental authority or its instrumentalities.
4.9 In case of contested bills, the amount due shall be fully settled with corresponding adjustments, if any, to be effected on the succeeding bill. Requests for bill adjustments, for whatever reason, shall be made in writing within a period of thirty (30) days from receipt by of the billing statements/invoice from PLDT, otherwise, requests for billing adjustments made after the said this period shall no longer be considered or entertained by PLDT.
4.10 In the event that you pre-terminate the Service before the contracted Term, you agree to pay PLDT upon discontinuance of the Service a termination fee based on the following formula:
Pre-termination Penalty = [Monthly Service Fee x remaining months within the contract term]
4.11 You understand that the Equipment provided to you was provided by an entity not related to PLDT. The equipment shall be under limited warranty by the manufacturer/supplier thereof for a period of 2 years from delivery thereof. In no case will the manufacturer/supplier nor PLDT be liable for repair or replacement of the said netbook and tablet outside the warranty period. Only the equipment found to have factory defects will be replaced within the said warranty period.
4.12 If PLDT does not receive any written termination advice from the Customer sixty (60) days before the end of Contract term, the Contract shall be deemed automatically renewed for a period equivalent to the original term.
5. MANAGEMENT OF YOUR DATA AND COMPUTER
5.1 PLDT shall not be responsible in protecting your telecommunications system against unauthorized external attacks/hacks. Any and all damage, loss and prejudice suffered by you by reason of such attacks/hacks shall be for your sole account. Thus, in the event of such occurrence, it is your responsibility to investigate the incident with the assistance of PLDT, its affiliates and/or subsidiaries, if so requested.
5.2 You agree that the Internet is not owned, managed or managed by, or in any way affiliated with PLDT and PLDT has no control over the information or materials accessed via Internet through the use of the Service.
5.3 PLDT does not warrant that the Service provided will be uninterrupted, error free, secure, or free from viruses, worms or the like. PLDT shall not be liable for loss of your data. PLDT makes no warranty, express or implied, regarding the reliability and completion of any and all transactions executed using the Service or the Internet. In no event shall PLDT be liable for (a) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, negligence, tort or strict liability, even if PLDT has been advised of the possibility of such claim or damages, or (b) any claims against you by any other party.
6. Indemnification
You agree to defend, indemnify and hold harmless PLDT, its directors, officers and employees, free and harmless from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any party using your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any party using your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any party using your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this agreement, except to the extent that such liabilities arise from the act, negligence or willful misconduct of PLDT; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, any software, or the Internet.
7. Force Majeure
7.1 Neither party shall be responsible for any delay or failure in the performance of any of its obligations under this Agreement to the extent that such delay or failure is caused by Force Majeure. “Force Majeure” shall mean any event or circumstance beyond the reasonable control of the party which renders the performance of said party’s obligations illegal or impracticable, including but not limited to, acts of God, acts of any governmental body or public enemy, war, civil commotion, strikes, riots, embargoes, or other concerted acts of workers, fire, explosion, sabotage, or any other causes, circumstances, or contingencies, whether of a similar or dissimilar nature to the foregoing, without fault or negligence and beyond such party’s control, which prevent or hinder the performance by either party of any of its obligations hereunder.
7.2 Promptly upon the occurrence of any event of Force Majeure event, which affects the performance by either party of its obligations under this Agreement, the affected party shall notify the other party specifying in such notice the nature of the Force Majeure event; the effect of the said event on the party’s performance of its obligations hereunder and the estimated duration thereof. Upon receipt of such notice, the affected party may cancel or delay the performance of its obligations for so long as such performance is delayed or prevented by such Force Majeure event and in such cases, the affected party shall have no liability to the other party or to its customers. Upon cessation of the Force Majeure event, notice of such cessation should be given by the party in delay to the other, and performance of the obligation should ensue, if cancellation has not yet been effected.
7.3 If the Force Majeure continues unabated for a period of thirty (30) days, either party shall have the right to terminate the Service or these Terms and Conditions this Agreement, and the rights and obligations of the parties shall be resolved either by mutual agreement or by applicable law.
7.4 Any Force Majeure event shall not however be an excuse for your failure to make payments for amounts already due at the time of the occurrence of such Force Majeure event.
8. Amendments
This Agreement shall, at all times, be subject to such amendments and/or modifications as may from time to time be agreed upon by the parties or as the National Telecommunications Commission or any duly authorized government regulatory body may direct in the exercise of its jurisdiction.
9. Settlement of Disputes
9.1 In case of any dispute that may arise in connection with this Agreement, the parties shall promptly meet and exert their best efforts towards an amicable settlement of the dispute in good faith. In the event such dispute is not resolved amicably within a period of thirty (30) days from the date of its occurrence, the same may be resolved through legal action/s.
9.2 In the event of suit, venue shall exclusively be in Makati City, Metro Manila, to the exclusion of any other venue. In the event that either party is compelled to seek judicial relief against the other party in order to enforce any or all of its rights under this Agreement, the erring party, as determined by the proper court, shall, in addition to any other damages that may be awarded by the court, hereby agrees to pay an amount equivalent to twenty-five percent (25%) of the amount claimed by the aggrieved party but shall in no case be less than Fifty Thousand Pesos (P50,000.00), as and by way of Attorney’s fees, apart from the costs of litigation and other expenses which the law allows the aggrieved party to recover from the erring party.
10. Confidentiality
All business and technical information, data, and related documentation, in whatever form provided, recorded or unrecorded (hereinafter collectively referred to as “Information”), which the parties may furnish or have furnished each other in connection with this agreement shall:
10.1 Be used solely for the purpose for which it was furnished;
10.2 Be treated in strictest confidence and protected;
10.3 Not be reproduced, except as necessary for its authorized use; and
10.4 If in tangible form, shall be returned together with all copies thereof, including promotional materials, when demanded by either party or if no longer needed. The foregoing obligations of confidentiality and restricted use shall survive the termination of this agreement.
11. Acceptable Use Policy for PLDT Services
The use of the Service for any activity that is contrary to laws, morals, customs or public policy or which violates any ordinance, decree, order or regulation, or affects, interferes with or disrupts the use of the Service by other parties or the manner by which PLDT provides the Service or any other services shall be deemed inappropriate use and shall be considered as a violation of the acceptable use of the Service under this agreement Conditions (the “Acceptable Use Policy”).
12. Reselling/Illegal/Prohibited Use
The Subscriber’s right to use the pertinent PLDT services is personal to the Subscriber. The Subscriber agrees not to resell or to make any commercial use of the Service, without the prior express written consent of PLDT. The PLDT service/s shall not be utilized in bypassing or in activity/ies that tend to bypass the Public Subscriber Telephone Network (PSTN) of PLDT or be used in prohibited services like callback, dialback, unauthorized audiotext, International and National Simple Resale (ISR/NSR) and other similar services (the “Unauthorized Activities”). PLDT is entitled to a bypass compensation fee on account of any of the above Unauthorized Activities. The bypass compensation is payable, without any limitation, from the time the Unauthorized Activity occurred or was discovered by PLDT, whichever is earlier, until the actual cessation thereof. For this purpose, PLDT shall have the right to full access to the relevant books and all other records of the subscriber in order to ascertain the volume of traffic and total amount of bypass compensation payable. In absence of said record, PLDT shall have the sole discretion in the determination of the bypass compensation. In addition to the Unauthorized Activities referred to above, the Subscriber undertakes not to use the PLDT service for any activity that is contrary to moral and public policy or which violates any ordinance, law, decree, order, regulation or treaty (the “Illegal Activities”).
The Subscriber agrees to indemnify and hold PLDT free and harmless from any liability, suit or damage arising from or connected with the Subscriber’s Unauthorized and/or Illegal Activities. The Subscriber further authorizes PLDT to supply any and all information requested by any law enforcement or government agency/ies or other private entities, the latter within the limits provided for by law, relative to the Subscriber’s subscription to the pertinent PLDT service. In which case, the Subscriber hereby irrevocably and unconditionally waives any and all its relevant remedies under the law, including but not limited to the right to claim damages.
13. Governing Law
This Agreement shall be construed and governed by the laws of the Republic of the Philippines.