CORPORATION_____ GOVERNMENT_____ SOLE/PARTNERSHIP_____ OTHERS ______

TITLE / POSITION: CONTACT DETAILS

Landline: (86) 853-6069
Moralda, Joceller M. General Manager Email:
TITLE / POSITION: CONTACT DETAILS
Mobile/Landline:
Email:
DATE
500N
2
Lenovo A516
Free
24
0
Unli
PREMIUMS
Consumable Amount
Calls (in minutes)
to Smart
CONTRACT TERM in MONTHS
Total Contact MSF
Total Contract Value
PLAN
No of Lines
Proposed Handset Model
Handset Cost/Value in Php ( vatinc)
Cash out (Vat Inc)
12-month Amortization (Vat Inc)
Printed Name & Signature of Company Signatory Printed Name & Signature of RM
DATE
AUTHORIZED SIGNATORIES
NAME: (Last Name, Given Name, MI)
NAME: (Last Name, Given Name, MI)
NEW CONNECT CONFORME
By signing this form, I certify that I have read, understood and accepted the SMART BUSINESS SOLUTIONS Terms and Conditions and that all
information that I have given here are true and correct. I authorize Smart Communications, Inc. to verify such information from whatever
sources it may consider appropriate. SMART shall not be liable for any damage and/or inconvenience brought about by failure to comply with
the above mentioned Terms and Conditions.
JOCELLER M. MORALDA
SMART ENTERPRISE SERVICE APPLICATION FORM (FOR NEW CONNECT ONLY)
SUBSCRIBER INFORMATION
TYPE OF BUSINESS/ORGANIZATION
COMPANY/BUSINESS NAME: Surigao del Sur I Electric Cooperative, Inc.
BILLING ADDRESS (Building, Street, Baranggay, City/Province/Zip code): San Fernando, Bislig City, Surigao del Sur
BUSINESS CONTACT NUMBER/S: (86) 853-6069 or 853-6138
Eduardo A. Hernandez
0
to international
Unli
to international
Internet (MB/Hours)
Blackberry Internet Service
0 0 0 0 0
Voice
-
-
5.00
5.00
SMS
-
0.50
International
10.00
0.40
Data
barred
barred
QTY
Contact Name/Number : Lindy Peregrino/ 09998849295
Complete Delivery Address
Surseco1, San Fernando, Bislig City, Surigao del Sur
Delivery recipient : Lindy Peregrino
Email of recipient for payment notice
DELIVERY DETAILS (to be filled out by customer)
Other Concessions
Description
KB
Landline
On-Net
Off-Net
SMS
Voice ($ Rate)
Time Based
Blackberry Enterprise Server
RATES (VAT-INCLUSIVE)
On-Net
Calling Circle
Off-Net
BIS Tuck-In Service
to landline
SMS (in SMS)
to Smart
to Sun
to other mobile
to landline
to Sun
to other mobile
YES
x
x
x
* All notices or communication to SMART BUSINESS SOLUTIONS required under the Terms and Conditions of SMART BUSINESS SOLUTIONS
Contract shall be in writing and shall be delivered personally or transmitted by registered mail, postage prepaid, facsimile, or e-mail to:
corpcare@smart.com.ph
4th
Floor SMART Tower 1,6799 Ayala Avenue, Makati City
REMARKS
avail (2) New Connect Plan 500N with Free Lenovo A516 as handset
OTHER CONCESSIONS
MARKETING MANAGER NAME SIGNATURE DATE
EBG MARKETING AND SALES HEAD NAME SIGNATURE DATE
CBOM HEAD NAME SIGNATURE DATE
CBG HEAD/SME HEAD NAME SIGNATURE DATE
CRM HEAD/BUSINESS HEAD (SME) NAME SIGNATURE DATE
CBOM MANAGER NAME SIGNATURE DATE
AFTERSALES SERVICE (Aftersales Procedures, Support Channels)
FOR SMART USE ONLY
Approval level 4
BUSINESS HEAD (CBG)/ACCOUNT OFFICER NAME SIGNATURE DATE
PRE-ACTIVATION CHECKLIST
Pls check appropriate box, if items bellow have been explained to you.
BILLING CHARGES (MSF, Monthly Savings, Payment Centers, International Roaming, Pre-Termination Fee)
SERVICE/CREDIT POLICIES (Pre-Redirection, Redirection, Disconnection)
OTHERS ______
Landline: (86) 853-6069
AUTHORIZED SIGNATORIES
NEW CONNECT CONFORME
By signing this form, I certify that I have read, understood and accepted the SMART BUSINESS SOLUTIONS Terms and Conditions and that all
information that I have given here are true and correct. I authorize Smart Communications, Inc. to verify such information from whatever
sources it may consider appropriate. SMART shall not be liable for any damage and/or inconvenience brought about by failure to comply with
the above mentioned Terms and Conditions.
SMART ENTERPRISE SERVICE APPLICATION FORM (FOR NEW CONNECT ONLY)
SUBSCRIBER INFORMATION
TYPE OF BUSINESS/ORGANIZATION
COMPANY/BUSINESS NAME: Surigao del Sur I Electric Cooperative, Inc.
BILLING ADDRESS (Building, Street, Baranggay, City/Province/Zip code): San Fernando, Bislig City, Surigao del Sur
BUSINESS CONTACT NUMBER/S: (86) 853-6069 or 853-6138
0
Contact Name/Number : Lindy Peregrino/ 09998849295
Complete Delivery Address
Surseco1, San Fernando, Bislig City, Surigao del Sur
Delivery recipient : Lindy Peregrino
Email of recipient for payment notice
DELIVERY DETAILS (to be filled out by customer)
Other Concessions
NO
* All notices or communication to SMART BUSINESS SOLUTIONS required under the Terms and Conditions of SMART BUSINESS SOLUTIONS
Contract shall be in writing and shall be delivered personally or transmitted by registered mail, postage prepaid, facsimile, or e-mail to:
corpcare@smart.com.ph
4th
Floor SMART Tower 1,6799 Ayala Avenue, Makati City
REMARKS
avail (2) New Connect Plan 500N with Free Lenovo A516 as handset
OTHER CONCESSIONS
DATE
DATE
DATE
DATE
DATE
DATE
FOR SMART USE ONLY
4
DATE
PRE-ACTIVATION CHECKLIST
CORPORATION_____ GOVERNMENT_____ SOLE/PARTNERSHIP_____OTHERS _______
TITLE / POSITION: CONTACT DETAILS
Mobile: (86) 853-6069
MORALDA, JOCELLER M. General Manager Email:
TITLE / POSITION: CONTACT DETAILS
Mobile/Landline:
Email:
Printed Name & Signature of RM
DATE
500N
1
LG G2 Mini LTE
(Titan Black)
900
24
Unli
Eduardo A. Hernandez
PREMIUMS
Consumable Amount
Calls (in minutes)
to Smart
CONTRACT TERM in MONTHS
Total Contact MSF
Total Contract Value
PLAN
No of Lines
Proposed Handset Model
Handset Cost/Value in Php ( vatinc)
Cash out (Vat Inc)
12-month Amortization (Vat Inc)
Printed Name & Signature of Company Signatory
DATE
AUTHORIZED SIGNATORIES
NAME: (Last Name, Given Name, MI)
NAME: (Last Name, Given Name, MI)
RETENTION CONFORME
1. It is understood that the voluntary disconnection, termination or cancellation of service or upgrade of subscription plan or
transfer of ownership may be effected but only upon the payment of the pre-termination fee. Also, in the case of involuntary
disconnection/termination of service,, the corresponding pre-termination fee shall be automatically charged to the
Corporation's/Company's account.
2. I, duly representing the Corporation/Company, hereby agree that the Corporation/Company will be subject to the Terms and
Conditions of the Corporation's/Company's subscription.
JOCELLER M. MORALDA
SMART ENTERPRISE SERVICE RETENTION FORM (FOR RETENTION ONLY)
SUBSCRIBER INFORMATION
TYPE OF BUSINESS/ORGANIZATION
COMPANY/BUSINESS NAME : Surigao del Sur I Electric Cooperative, Inc.
BILLING ADDRESS (Building, Street, Baranggay, City/Province/Zip code): San Fernando, Bislig City, Surigao del Sur
BUSINESS CONTACT NUMBER/S: (86) 853-6069 or 853-6138
to international
Unli
to international
Internet (MB/Hours)
Blackberry Internet Service
500N 0 0 0 0 0
Voice
-
-
5.00
5.00
SMS
-
0.05
International
10.00
0.40
Data
barred
barred
QTY
Calling Circle
On-Net
RATES (VAT-INCLUSIVE)
Email of recipient for payment notice
Contact Name/Number : Lindy Peregrino / 09998849295
DELIVERY DETAILS (to be filled out by customer)
Complete Delivery Address
Surseco1, San Fernando, Bislig City, Surigao del Sur
Delivery recipient : Lindy Peregrino
Description
Other Concessions
Time Based
KB
Off-Net
Landline
On-Net
Off-Net
SMS
Voice ($ Rate)
Blackberry Enterprise Server
BIS Tuck-In Service
to landline
SMS (in SMS)
to Smart
to Sun
to other mobile
to landline
to Sun
to other mobile
YES NO
X
X
X
REMARKS
avail retention for min 09209474865 at Plan 500N and avail LG G2 mini LTE as unit with 900 monthly amortization for 12
months.
EBG MARKETING AND SALES HEAD NAME SIGNATURE DATE
* All notices or communication to SMART BUSINESS SOLUTIONS required under the Terms and Conditions of SMART BUSINESS
SOLUTIONS Contract shall be in writing and shall be delivered personally or transmitted by registered mail, postage prepaid,
facsimile, or e-mail to: corpcare@smart.com.ph
4th
Floor SMART Tower 1,6799 Ayala Avenue, Makati City
CBG HEAD/SME HEAD NAME SIGNATURE DATE
OTHER CONCESSIONS
MARKETING MANAGER NAME SIGNATURE DATE
CBOM MANAGER NAME SIGNATURE DATE
CBOM HEAD NAME SIGNATURE DATE
BUSINESS HEAD (CBG)/ACCOUNT OFFICER NAME SIGNATURE DATE
CRM HEAD/BUSINESS HEAD (SME) NAME SIGNATURE DATE
BILLING CHARGES (MSF, Monthly Savings, Payment Centers, International Roaming, Pre-Termination Fee)
SERVICE/CREDIT POLICIES (Pre-Redirection, Redirection, Disconnection)
AFTERSALES SERVICE (Aftersales Procedures, Support Channels)
FOR SMART USE ONLY
Approval level 4
PRE-ACTIVATION CHECKLIST
Pls check appropriate box, if items bellow have been explained to you.
1. HARDWARE: All terminal equipment/unit connected to or used in conjunction with the SMART telecommunications networks
shall be of a type approved by Smart Communications, Inc. (hereafter, the Company). The Company does not by this Agreement
cover any representation or warranty for any telecommunications and related equipment ("Hardware").
2. TERMS AND CONDITIONS: This Agreement relates only to Services provided by the Company and shall be in full force and
effect from and after the actual date of approval of the application for the Service.
3. PAYMENT TERMS
a) The Subscriber shall pay all amounts due to the Company in respect of:
1) A monthly fixed fee for Services, the first payment to be made pursuant to Annex Rates; and
2) All charges incurred in using the Services.
The fees paid or payable by the Subscriber to the Company pursuant to this Agreement shall be inclusive of all Philippine taxes.
The Value Added Tax (VAT), if any, shall be for the account of the Subscriber, provided that the Company submits its VAT
registration certificate upon request for payment and issues duly-registered VAT official receipt upon receipt of payment.
In the event that the Subscriber will be required to withhold tax and remit the same to tax authorities, the Subscriber shall
deduct the said tax from payments in relation to this Agreement. The Subscriber shall furnish the Company with the
corresponding certificate of withholding tax within twenty (20) days after the end of each quarter.
b) The Subscriber agrees and assumes full responsibility for the charges incurred on the use of the Hardware and the services
pertaining to the lines registered under the Corporate Account.
c) Subscriber agrees that it shall be fully responsible for the settlement of whatever charges to be incurred by the Hardware subject
of this Agreement. Subscriber shall bind itself to be continuously responsible regardless of assignments and movements of its
designated user/s or assignee/s until such time that the units are validly transferred after expiration of the lock-in period, as
applicable.
d) The Company may, at its absolute discretion, allow the Subscriber credit for using the Services up to a certain level and the
Company may set, revoke, or impose conditions on such credit limit at any time and at its absolute discretion. The Company may
determine the billing period at its absolute discretion. Any fees paid in advance shall not be refundable.
e) Subscriber shall be liable for all outgoing calls, texts and other transactions, including those incurring roaming charges from his
terminal unit regardless of who may make such calls, texts and other transactions, including those incurring roaming charges. Nonpayment
of these bills or refusal on the part of the subscriber to pay bills arising from these calls, texts and other transactions,
including those incurring roaming charges shall be sufficient ground for the Company to discontinue the Services.
f) Subscriber agrees to pay on or before the date specified in the service bill (Due Date) all charges stated on the bill. Billing
statement for the Services shall be rendered at regular intervals at the end of applicable billing cycles. Contested bills, if any, should
be brought to the attention of the Customer Care Department of the Company fifteen (15) days from the receipt of the bill,
otherwise the Subscriber shall be deemed to have accepted the correctness or accuracy of the bill.
g) Notwithstanding the non-receipt of any bill, it shall be the Subscriber's responsibility to inform himself of his outstanding fees or
SMART BUSINESS SOLUTIONS TERMS AND CONDITIONS
(Smart Communications, Inc. Name of Company)
charges through the Customer Care Hotline, SMART Website or any SMART Wireless Center and effect payment, without need of
further demand on or before the Due Date.
h) The Subscriber shall be charged the Company's applicable roaming rate and the roaming service activation fee in the event that
the Subscriber avails of the Company's International Roaming Service. The Subscriber shall be responsible for notifying the
Company within the appropriate number of working days before using the roaming service: For Europe/Asia: 3 days before
departure, for U.S.: 7 days before departure. The Company shall not be liable for the failure of roaming partner to provide services
in the roaming area.
i) The Subscriber agrees that all payments shall be applied first to bills in arrears, including interest and penalties. The balance, if
any, will be applied to the current obligation.
j) The Subscriber agrees not to transfer this contract or any right or interest originating therefrom, to any person or entity without
prior written approval from the Company. Pending approval of such transfer, the Subscriber shall remain liable for any all accrued
fees and charges.
k) The Subscriber agrees that all cheques and other payments shall be made payable directly to the Company/authorized collection
partners and any cheque payment made out, or any payment in cash made directly, to any representative or salesman shall be
invalid.
4. DEPOSIT
a) The Company may require the Subscriber to pay a deposit of such amount as the Company may determine from time to time as
a guarantee for all payments due hereunder. No interest shall be payable on such deposit.
b) Without prejudice to any of the Company's rights to recover amounts due from the Subscriber, the Company shall be entitled at
any time to set off any amounts due from the Subscriber against the deposit without prior notice to the Subscriber.
c) The Company may (without prejudice to any other rights it may have) forfeit the Subscriber's deposit if the Subscriber is in
breach of any of these Standard Terms and Conditions.
d) Subject to any rights which the Company may have, and upon termination of the Service, the Company shall, upon the written
request of the Subscriber, refund the deposit after deduction of all outstanding amounts due from the Subscriber within sixty (60)
days of receipt of the written request for refund.
e) If any deposit remains unclaimed for 12 months after the termination of the Services, the Subscriber shall forfeit such deposit in
favor of the Company without need of any further act or deed.
5. PRE-PAID FEES, CHARGES AND DEPOSITS
a) The Company may require a pre-paid fee as a pre-requisite for continuing Service. The pre-paid fee and/or deposit (as stated in
Clause 4 above) shall bear no interest. Upon termination of the Service, the pre-payment shall be applied against the Subscriber's
final bill. In case the pre-payment is not sufficient to cover the final bill, the Company shall charge the Subscriber any deficiency.
The balance of the pre-payment and/or deposit, if any, will be refunded to the Subscriber, without interest, after 180 days post
termination.
b) The Subscriber shall be charged a nominal fee for the processing of any service modification requests such as changes in the
subscription plan, transfer or ownership, etc.
6. LOSS OR DAMAGE OF HARDWARE
a) The security of the Subscriber Identity Module (SIM) Card and the confidentiality of his Personal Identification Number (PIN) as
well as the proper care and maintenance of the Hardware and/or SIM Card shall be the Subscriber's sole responsibility.
b) In case of loss of Hardware and/or SIM Card, the Subscriber shall immediately inform the Company of such fact, first by
telephone through the Company's Customer Care Hotline or any SMART Wireless Center, to be followed by the submission of an
affidavit of loss or a police report to document such loss within 24 hours from the discovery of the loss. The Company, upon receipt
of the written notice, shall immediately disconnect the Service. All charges and fees accruing prior to the disconnection shall remain
for the account of the Subscriber.
7. FRAUDULENT AND UNAUTHORIZED USE
If the Subscriber or any other person, at the sole discretion of the Company, is found to use the Service for any
fraudulent purpose or illegal activities, or is found to use abusive and/or indecent language to other Subscribers or
Company staff, or has submitted an application for Subscription through fraudulent means or has supplied any
false/wrong information in connection with such application, the Company reserves the right to disconnect the Service
without prior notice and/or refuse to reconnect the Subscriber. The Company also reserves the right to file the
appropriate legal action against the erring Subscriber or person concerned, and to charge the appropriate pretermination
fee, if any.
The Subscribers right to use the Service is personal to the Subscriber or any of its authorized employees. The
Subscriber or any of its authorized employees shall not re-sell or make any commercial use of the Service, without the
prior express written consent of the Company. The Service shall not be utilized in bypassing or in activity/ies that tend
to bypass the SMART network, billing and/or traffic routing or be used in prohibited services such as but not limited to
callback, dialback, unauthorized audiotext, international and national simple resale (isr/nsr) and other similar services
(Unauthorized Activities). The Subscriber shall likewise be liable to the Company for any and all compensation fee on
account of any of the above Unauthorized Activities and unauthorized commercial use of the Service. The compensation
fee is payable, without any limitation from the time the Unauthorized Activity occurred until the actual cessation thereof.
A penalty equivalent to one hundred fifty percent (150%) of the computed revenue losses shall likewise be charged
against the Subscriber if proven accountable for such Unauthorized Activity. For this purpose, the Company 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 compensation fee payable. In the absence of said record, the Company shall have 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 Service for any activity that is contrary to morals and public policy or which
violates any ordinance, law, decree, order, regulation or treaty (Illegal Activities).
The Subscriber agrees to indemnify and hold the Company free and harmless from any liability, suit, or damage arising
from or connected with the Subscribers Unauthorized Activities and/or Illegal Activities. The Subscriber further
authorizes the Company 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 or by law, relative to the Subscribers
subscription to the 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.
8. CALL REDIRECT
In cases where there are inconsistencies in the information provided in the Service Agreement, non-payment of the overdue
account, the Subscriber exceeds credit limit or such other cases as may be determined by the Company, the Company reserves the
right, without incurring any liability and at the Subscriber's expense, to redirect the Subscriber's telephone service. Upon full
compliance with the lifting of the redirect requirements of the Company, the Subscriber may be reconnected to the Service. Failure
of the Subscriber to comply with the Company's requirements will give the Company the option to terminate the Subscriber
permanently, subject to RA 7925 and its implementing rules, and to charge the appropriate pre-termination fee, if any.
9. EXCLUSION FROM LIABILITY
The Company shall not be liable for any loss, costs, compensation, damage or liability to the Subscriber or any third party arising
directly or indirectly out of or in connection with the supply or use of the Services including, without prejudice to the generality of
the foregoing, any loss, costs, compensation, damage or liability to the Subscriber or third parties caused by:
a) any delay, interruption, or termination of the Service, whether caused by administrative error, technical, mechanical, electrical, or
electronic fault or difficulty or any other reason or circumstances beyond the Company's control (including but not limited to acts of
God, strike, labour disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by
third parties or any change in legislation):
b) any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information transmitted to or from
the Subscriber howsoever caused or any refusal by the Company to transmit any information subject to Section 9 par. (e) below;
c) theft or unauthorized use of the Hardware or any loss, costs, damages, or compensation incurred by or payable to any third
party by the Subscriber or other;
d) any inherent defect in the Hardware or any defects or damage to the Hardware resulting from use other than in the normal and
customary manner; or
e) refusal by the Company, at its sole discretion, to transmit any illegal, obscene or vulgar
messages or information.
10. DISCONNECTION OR TERMINATION OF THE SERVICE
a) The Company may temporarily suspend or terminate the Service without prior notice if:
1) The Subscriber fails to pay promptly any amount due and payable hereunder;
2) The Subscriber commits a breach of any of the terms of this Agreement;
3) The Subscriber transfers or allows the equipment/unit or Hardware to be tampered with or used by any other person
(except if such use is authorized by the Subscriber) without the consent of the Company;
4) The Subscriber dies or becomes bankrupt, fails to pay its debts as they fall due or any of its assets becomes subject to any
form of winding up, administration, receivership, insolvency proceedings or it
enters into any arrangements with its creditor generally; or
b) Without prejudice to any of the subclause 10(a), the Company may continue or terminate the Service at any time by giving the
Subscriber not less than 30 days notice of such discontinuation or termination.
c) Any discontinuation or termination shall be without prejudice to the rights of the Company including the right to recover all
amounts due from the Subscriber hereunder, including but not limited to the pre-termination fee, if applicable, together with any
expense and cost (including legal costs) incurred in recovering such amounts due and no refund of any advanced payment will be
made to the Subscriber.
d) The Subscriber may terminate this Agreement at any time by giving the Company not less than 30 days written notice of such
termination, which shall become effective only upon settlement of all amounts due hereunder, including the pre-termination fee as
provided in the Pre-termination Agreement that forms part of this Agreement.
11. TEMPORARY DISCONNECTION AND RESUMPTION OF SERVICE
The Subscriber may request a temporary disconnection of the Service by giving not less than 14 days prior notice to the Company
and by settling all amounts due to the Company. Such temporary disconnection shall not constitute a termination of this Agreement
if it does not exceed six (6) months. If the disconnection is for a period which is more than six (6) months, the Company reserves
the right to terminate this Agreement without prejudice to the rights of the Company including the right to recover all amounts due
from the Subscriber hereunder including but not limited to the pre-termination fee, together with any expense and cost (including
legal costs) incurred in recovering such amounts due and no refund of any advanced payment will be made to the Subscriber. The
Company may charge such fees for reconnection of the Service as it shall in its absolute discretion determine.
12. USE OF PASSWORD
Upon request of the Subscriber, any transaction of his customer, account and service record can be handled through the use of a
password issued by the Company which the Subscriber undertakes to keep confidential. The Subscriber may request for a change of
his password by accomplishing and submitting a Request for Password Form and presenting a valid identification card to any
SMART Wireless Center.
13. INDEMNITY
The Subscriber shall indemnify the Company against all liabilities, losses, damages, costs, charges, expenses (including legal costs)
incurred by or brought against the Company arising directly or indirectly out of or in connection with any breach of the Subscriber's
obligations hereunder.
14. MISCELLANEOUS
a) This Agreement shall be governed and construed in accordance with the laws of the Philippines.
b) This Agreement together with the Company's records shall be final and conclusive evidence of any dispute between the Company
and the Subscriber.
c) The Company reserves the right at its absolute discretion to modify, delete or add to any of the Terms and Conditions of this
Agreement by giving notice in writing to the Subscriber.
d) This Agreement constitutes the entire Agreement between the Company and the Subscriber and supersedes all previous
agreements (if any) between the parties, and the Subscriber acknowledges that in agreeing to enter into this Agreement it has not
relied on any representation warranty or other assurance (including any that may have been made by any authorized agent or
dealer of the Company) except those set out in this Agreement.
e) The Company's right shall not be prejudiced or restricted by any concession, indulgence or forbearance extended to the
Subscriber.
f) No waiver by the Company of any breach shall operate as a waiver of any other subsequent breach.
g) All notices under this Agreement shall be in writing and sent to the registered office of the Company or the address of the
Subscriber as stated on this Service Application Form or such other address which may be notified to the Company in writing from
time to time.
h) Any complete or partial invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability for any other purpose of the remaining provisions.
i) Interest on all amounts outstanding to the Company shall accrue at the rate of 2% per month.
j) In case it will be necessary to use a lawyer or collection agency, the Subscriber shall pay 25% of the amount due as the collection
or attorney's fees, in addition to billing for services, penalty and surcharges.
15. DISCLAIMER OF WARRANTY
Subscriber acknowledges that it has not relied on any warranty, express or implied with regards to the Services provided hereunder.
16. VENUE
The venue of all suits from this Agreement and of other suits directly or indirectly arising from the relationship between the
Company and the Subscriber shall be in the proper courts in Makati City. Subscriber hereby expressly waives claims to any other
venue.
17. COMPLAINTS
Complaints against the Company or its Agents should be brought to the attention of the Customer Care Department of the
Company.
If the Subscriber in good faith disputes any portion of the Statement of Account (SOA), the Subscriber shall submit to the Company
within 15 days from Statement of Account date, full payment of the undisputed portion of the Statement of Account and written
documentation identifying and substantiating the disputed amount. If the Subscriber does not report a dispute with the said 15 day
period, Subscriber shall irrevocably waive his dispute rights for that SOA and the billing shall be deemed to be correct and final. Any
disputed amount resolved in favor of the Subscriber shall be credited to the Subscribers account in the next Statement of Account.
Any disputed amount determined to be payable to the Company shall be due within 7 days of the resolution of the dispute.
18. SKETCH OF BILLING ADDRESS
Subscriber attests to the accuracy and correctiveness of the sketch of the billing address provided in the SAF addendum/insert.
19. OTHER CONDITIONS
a) TRANSFER OF OWNERSHIP/MIGRATION/DOWNGRADE
Subscriber agrees that any transfer of ownership or migration or plan downgrade or cancellation/termination/disconnection of
service can only be made without charges after expiration of the lock-in period from activation date of the corporate lines and
services. Otherwise, corresponding charges specified in the applicable pre-termination clause and other related Subscription
Contracts shall apply.
Subscriber further agrees to submit the required transfer documents and to fully settle the outstanding balance before any
changes (e.g. transfer of ownership or migration, plan downgrade or cancellation/termination/disconnection of service) can be
made. Any transfer of ownership or migration to individual account without submission of the required transfer documents will
still make the subscriber liable for all charges including but not limited to airtime charges.
b) For SIM only Subscriptions (if applicable)
This contract wholly applies for Corporate SIM-only Subscriptions. Subscriber shall be fully responsible for the charges and
possible legal circumstances in the event of Fraudulent and Unauthorized used of the Hardware/SIM by its designated user/s
or assignee/s.
20. CORPORATE GOVERNANCE
The parties warrant and represent that their business activities are regulated by their own internal business rules or Corporate
Governance policies which are compliant with each of their applicable laws.
As a condition precedent to the execution of this Agreement, the parties agree to exchange their relevant Corporate Governance
policies for review to ensure that entering into this Agreement will not conflict with, violate or contravene any of these policies.
To the extent applicable to the implementation of this Agreement, the parties will comply with their respective internal business
rules or Corporate Governance policies. In this connection, the parties shall [a] advise or inform each other about any violation,
whether actual or potential, by any person of their respective and/or each others policies in relation to this Agreement; [b] address
or resolve such violation in accordance with their own internal business rules or Corporate Governance policies; and, [c] inform the
other party of the action taken thereon. In the event that this Agreement is later found to be violative of the internal business rules
or Corporate Governance policies of either party, the parties shall negotiate in good faith to amend and revise this Agreement to
make it compliant with the internal business rules or Corporate Governance policies found to have been violated.
The parties finally agree that any dispute, breach or violation of this provision shall be dealt with, remedied and/or resolved in
accordance with the appropriate provisions of this Agreement on dispute settlement.
1. HARDWARE: All terminal equipment/unit connected to or used in conjunction with the SMART telecommunications networks
shall be of a type approved by Smart Communications, Inc. (hereafter, the Company). The Company does not by this Agreement
2. TERMS AND CONDITIONS: This Agreement relates only to Services provided by the Company and shall be in full force and
The fees paid or payable by the Subscriber to the Company pursuant to this Agreement shall be inclusive of all Philippine taxes.
The Value Added Tax (VAT), if any, shall be for the account of the Subscriber, provided that the Company submits its VAT
registration certificate upon request for payment and issues duly-registered VAT official receipt upon receipt of payment.
In the event that the Subscriber will be required to withhold tax and remit the same to tax authorities, the Subscriber shall
deduct the said tax from payments in relation to this Agreement. The Subscriber shall furnish the Company with the
b) The Subscriber agrees and assumes full responsibility for the charges incurred on the use of the Hardware and the services
c) Subscriber agrees that it shall be fully responsible for the settlement of whatever charges to be incurred by the Hardware subject
of this Agreement. Subscriber shall bind itself to be continuously responsible regardless of assignments and movements of its
designated user/s or assignee/s until such time that the units are validly transferred after expiration of the lock-in period, as
d) The Company may, at its absolute discretion, allow the Subscriber credit for using the Services up to a certain level and the
Company may set, revoke, or impose conditions on such credit limit at any time and at its absolute discretion. The Company may
e) Subscriber shall be liable for all outgoing calls, texts and other transactions, including those incurring roaming charges from his
terminal unit regardless of who may make such calls, texts and other transactions, including those incurring roaming charges. Nonpayment
of these bills or refusal on the part of the subscriber to pay bills arising from these calls, texts and other transactions,
including those incurring roaming charges shall be sufficient ground for the Company to discontinue the Services.
f) Subscriber agrees to pay on or before the date specified in the service bill (Due Date) all charges stated on the bill. Billing
statement for the Services shall be rendered at regular intervals at the end of applicable billing cycles. Contested bills, if any, should
be brought to the attention of the Customer Care Department of the Company fifteen (15) days from the receipt of the bill,
g) Notwithstanding the non-receipt of any bill, it shall be the Subscriber's responsibility to inform himself of his outstanding fees or
SMART BUSINESS SOLUTIONS TERMS AND CONDITIONS
(Smart Communications, Inc. Name of Company)
charges through the Customer Care Hotline, SMART Website or any SMART Wireless Center and effect payment, without need of
h) The Subscriber shall be charged the Company's applicable roaming rate and the roaming service activation fee in the event that
the Subscriber avails of the Company's International Roaming Service. The Subscriber shall be responsible for notifying the
Company within the appropriate number of working days before using the roaming service: For Europe/Asia: 3 days before
departure, for U.S.: 7 days before departure. The Company shall not be liable for the failure of roaming partner to provide services
i) The Subscriber agrees that all payments shall be applied first to bills in arrears, including interest and penalties. The balance, if
j) The Subscriber agrees not to transfer this contract or any right or interest originating therefrom, to any person or entity without
prior written approval from the Company. Pending approval of such transfer, the Subscriber shall remain liable for any all accrued
k) The Subscriber agrees that all cheques and other payments shall be made payable directly to the Company/authorized collection
partners and any cheque payment made out, or any payment in cash made directly, to any representative or salesman shall be
a) The Company may require the Subscriber to pay a deposit of such amount as the Company may determine from time to time as
b) Without prejudice to any of the Company's rights to recover amounts due from the Subscriber, the Company shall be entitled at
any time to set off any amounts due from the Subscriber against the deposit without prior notice to the Subscriber.
c) The Company may (without prejudice to any other rights it may have) forfeit the Subscriber's deposit if the Subscriber is in
d) Subject to any rights which the Company may have, and upon termination of the Service, the Company shall, upon the written
request of the Subscriber, refund the deposit after deduction of all outstanding amounts due from the Subscriber within sixty (60)
e) If any deposit remains unclaimed for 12 months after the termination of the Services, the Subscriber shall forfeit such deposit in
a) The Company may require a pre-paid fee as a pre-requisite for continuing Service. The pre-paid fee and/or deposit (as stated in
Clause 4 above) shall bear no interest. Upon termination of the Service, the pre-payment shall be applied against the Subscriber's
final bill. In case the pre-payment is not sufficient to cover the final bill, the Company shall charge the Subscriber any deficiency.
The balance of the pre-payment and/or deposit, if any, will be refunded to the Subscriber, without interest, after 180 days post
b) The Subscriber shall be charged a nominal fee for the processing of any service modification requests such as changes in the
a) The security of the Subscriber Identity Module (SIM) Card and the confidentiality of his Personal Identification Number (PIN) as
well as the proper care and maintenance of the Hardware and/or SIM Card shall be the Subscriber's sole responsibility.
b) In case of loss of Hardware and/or SIM Card, the Subscriber shall immediately inform the Company of such fact, first by
telephone through the Company's Customer Care Hotline or any SMART Wireless Center, to be followed by the submission of an
affidavit of loss or a police report to document such loss within 24 hours from the discovery of the loss. The Company, upon receipt
of the written notice, shall immediately disconnect the Service. All charges and fees accruing prior to the disconnection shall remain
If the Subscriber or any other person, at the sole discretion of the Company, is found to use the Service for any
fraudulent purpose or illegal activities, or is found to use abusive and/or indecent language to other Subscribers or
Company staff, or has submitted an application for Subscription through fraudulent means or has supplied any
false/wrong information in connection with such application, the Company reserves the right to disconnect the Service
without prior notice and/or refuse to reconnect the Subscriber. The Company also reserves the right to file the
appropriate legal action against the erring Subscriber or person concerned, and to charge the appropriate pretermination
The Subscribers right to use the Service is personal to the Subscriber or any of its authorized employees. The
Subscriber or any of its authorized employees shall not re-sell or make any commercial use of the Service, without the
prior express written consent of the Company. The Service shall not be utilized in bypassing or in activity/ies that tend
to bypass the SMART network, billing and/or traffic routing or be used in prohibited services such as but not limited to
callback, dialback, unauthorized audiotext, international and national simple resale (isr/nsr) and other similar services
(Unauthorized Activities). The Subscriber shall likewise be liable to the Company for any and all compensation fee on
account of any of the above Unauthorized Activities and unauthorized commercial use of the Service. The compensation
fee is payable, without any limitation from the time the Unauthorized Activity occurred until the actual cessation thereof.
A penalty equivalent to one hundred fifty percent (150%) of the computed revenue losses shall likewise be charged
against the Subscriber if proven accountable for such Unauthorized Activity. For this purpose, the Company 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 compensation fee payable. In the absence of said record, the Company shall have 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 Service for any activity that is contrary to morals and public policy or which
The Subscriber agrees to indemnify and hold the Company free and harmless from any liability, suit, or damage arising
from or connected with the Subscribers Unauthorized Activities and/or Illegal Activities. The Subscriber further
authorizes the Company 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 or by law, relative to the Subscribers
subscription to the Service. In which case, the Subscriber hereby irrevocably and unconditionally waives any and all its
In cases where there are inconsistencies in the information provided in the Service Agreement, non-payment of the overdue
account, the Subscriber exceeds credit limit or such other cases as may be determined by the Company, the Company reserves the
right, without incurring any liability and at the Subscriber's expense, to redirect the Subscriber's telephone service. Upon full
compliance with the lifting of the redirect requirements of the Company, the Subscriber may be reconnected to the Service. Failure
of the Subscriber to comply with the Company's requirements will give the Company the option to terminate the Subscriber
permanently, subject to RA 7925 and its implementing rules, and to charge the appropriate pre-termination fee, if any.
The Company shall not be liable for any loss, costs, compensation, damage or liability to the Subscriber or any third party arising
directly or indirectly out of or in connection with the supply or use of the Services including, without prejudice to the generality of
the foregoing, any loss, costs, compensation, damage or liability to the Subscriber or third parties caused by:
a) any delay, interruption, or termination of the Service, whether caused by administrative error, technical, mechanical, electrical, or
electronic fault or difficulty or any other reason or circumstances beyond the Company's control (including but not limited to acts of
God, strike, labour disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by
b) any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information transmitted to or from
the Subscriber howsoever caused or any refusal by the Company to transmit any information subject to Section 9 par. (e) below;
c) theft or unauthorized use of the Hardware or any loss, costs, damages, or compensation incurred by or payable to any third
d) any inherent defect in the Hardware or any defects or damage to the Hardware resulting from use other than in the normal and
3) The Subscriber transfers or allows the equipment/unit or Hardware to be tampered with or used by any other person
4) The Subscriber dies or becomes bankrupt, fails to pay its debts as they fall due or any of its assets becomes subject to any
b) Without prejudice to any of the subclause 10(a), the Company may continue or terminate the Service at any time by giving the
c) Any discontinuation or termination shall be without prejudice to the rights of the Company including the right to recover all
amounts due from the Subscriber hereunder, including but not limited to the pre-termination fee, if applicable, together with any
expense and cost (including legal costs) incurred in recovering such amounts due and no refund of any advanced payment will be
d) The Subscriber may terminate this Agreement at any time by giving the Company not less than 30 days written notice of such
termination, which shall become effective only upon settlement of all amounts due hereunder, including the pre-termination fee as
The Subscriber may request a temporary disconnection of the Service by giving not less than 14 days prior notice to the Company
and by settling all amounts due to the Company. Such temporary disconnection shall not constitute a termination of this Agreement
if it does not exceed six (6) months. If the disconnection is for a period which is more than six (6) months, the Company reserves
the right to terminate this Agreement without prejudice to the rights of the Company including the right to recover all amounts due
from the Subscriber hereunder including but not limited to the pre-termination fee, together with any expense and cost (including
legal costs) incurred in recovering such amounts due and no refund of any advanced payment will be made to the Subscriber. The
Company may charge such fees for reconnection of the Service as it shall in its absolute discretion determine.
Upon request of the Subscriber, any transaction of his customer, account and service record can be handled through the use of a
password issued by the Company which the Subscriber undertakes to keep confidential. The Subscriber may request for a change of
his password by accomplishing and submitting a Request for Password Form and presenting a valid identification card to any
The Subscriber shall indemnify the Company against all liabilities, losses, damages, costs, charges, expenses (including legal costs)
incurred by or brought against the Company arising directly or indirectly out of or in connection with any breach of the Subscriber's
b) This Agreement together with the Company's records shall be final and conclusive evidence of any dispute between the Company
c) The Company reserves the right at its absolute discretion to modify, delete or add to any of the Terms and Conditions of this
d) This Agreement constitutes the entire Agreement between the Company and the Subscriber and supersedes all previous
agreements (if any) between the parties, and the Subscriber acknowledges that in agreeing to enter into this Agreement it has not
relied on any representation warranty or other assurance (including any that may have been made by any authorized agent or
e) The Company's right shall not be prejudiced or restricted by any concession, indulgence or forbearance extended to the
g) All notices under this Agreement shall be in writing and sent to the registered office of the Company or the address of the
Subscriber as stated on this Service Application Form or such other address which may be notified to the Company in writing from
h) Any complete or partial invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
j) In case it will be necessary to use a lawyer or collection agency, the Subscriber shall pay 25% of the amount due as the collection
Subscriber acknowledges that it has not relied on any warranty, express or implied with regards to the Services provided hereunder.
The venue of all suits from this Agreement and of other suits directly or indirectly arising from the relationship between the
Company and the Subscriber shall be in the proper courts in Makati City. Subscriber hereby expressly waives claims to any other
Complaints against the Company or its Agents should be brought to the attention of the Customer Care Department of the
If the Subscriber in good faith disputes any portion of the Statement of Account (SOA), the Subscriber shall submit to the Company
within 15 days from Statement of Account date, full payment of the undisputed portion of the Statement of Account and written
documentation identifying and substantiating the disputed amount. If the Subscriber does not report a dispute with the said 15 day
period, Subscriber shall irrevocably waive his dispute rights for that SOA and the billing shall be deemed to be correct and final. Any
disputed amount resolved in favor of the Subscriber shall be credited to the Subscribers account in the next Statement of Account.
Any disputed amount determined to be payable to the Company shall be due within 7 days of the resolution of the dispute.
Subscriber attests to the accuracy and correctiveness of the sketch of the billing address provided in the SAF addendum/insert.
Subscriber agrees that any transfer of ownership or migration or plan downgrade or cancellation/termination/disconnection of
service can only be made without charges after expiration of the lock-in period from activation date of the corporate lines and
services. Otherwise, corresponding charges specified in the applicable pre-termination clause and other related Subscription
Subscriber further agrees to submit the required transfer documents and to fully settle the outstanding balance before any
changes (e.g. transfer of ownership or migration, plan downgrade or cancellation/termination/disconnection of service) can be
made. Any transfer of ownership or migration to individual account without submission of the required transfer documents will
This contract wholly applies for Corporate SIM-only Subscriptions. Subscriber shall be fully responsible for the charges and
possible legal circumstances in the event of Fraudulent and Unauthorized used of the Hardware/SIM by its designated user/s
The parties warrant and represent that their business activities are regulated by their own internal business rules or Corporate
As a condition precedent to the execution of this Agreement, the parties agree to exchange their relevant Corporate Governance
policies for review to ensure that entering into this Agreement will not conflict with, violate or contravene any of these policies.
To the extent applicable to the implementation of this Agreement, the parties will comply with their respective internal business
rules or Corporate Governance policies. In this connection, the parties shall [a] advise or inform each other about any violation,
whether actual or potential, by any person of their respective and/or each others policies in relation to this Agreement; [b] address
or resolve such violation in accordance with their own internal business rules or Corporate Governance policies; and, [c] inform the
other party of the action taken thereon. In the event that this Agreement is later found to be violative of the internal business rules
or Corporate Governance policies of either party, the parties shall negotiate in good faith to amend and revise this Agreement to
make it compliant with the internal business rules or Corporate Governance policies found to have been violated.
The parties finally agree that any dispute, breach or violation of this provision shall be dealt with, remedied and/or resolved in