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TERMS AND CONDITIONS

POSTPAID SUBSCRIPTION AGREEMENT

This SUBSCRIPTION AGREEMENT (or “Agreement”) governs the relationship between the Subscriber (hereinafter referred to as “Subscriber”, “You” or “Your”), on the one hand, and Globe Telecom, Inc., Innove Communications, Inc., and Bayan Telecommunications, Inc. on the other, with respect to the provisioning of mobile data products and services by Globe, and fixed landline and broadband products and services by Innove and Bayan. Globe Telecom, Inc., Innove Communications, Inc., and Bayan Telecommunications, Inc. shall hereinafter be referred to, individually, as “Globe,” “Innove,” and “Bayan,” respectively; and, collectively, as “Service Provider”, “We”, “Our” or “Us”.

The mobile data products and services provided by Globe, and the fixed landline and broadband products and services provided by Innove and/or Bayan shall hereinafter be referred to, individually, as the “Service” and, collectively, as the “Services”.

Any reference to this SUBSCRIPTION AGREEMENT shall include reference to the following:

  1. The General Terms and Conditions below;
  2. Your Application Form submitted to Us in relation to this Subscription Agreement;
  3. Any Product or Service Description, Product or Service Plans and/or Product or Service special terms and conditions issued by Us, including flyers, print advertisements and mechanics; and
  4. The Fair Use Policy and Privacy Policy issued by us in relation to the Services.

We reserve the right to revise and modify the SUBSCRIPTION AGREEMENT as the Service may reasonably require according to our sole discretion and even without prior notice to Subscriber. Said revisions or modifications shall be posted in www.globe.com.ph and, once published therein, shall become binding on Subscriber. It shall be your obligation to be informed thereof by accessing, from time to time, such website where the latest version of the SUBSCRIPTION AGREEMENT may be found. Your continued use of the Service shall be deemed an acceptance of any revision or modification of the SUBSCRIPTION AGREEMENT.

GENERAL TERMS AND CONDITIONS

ARTICLE 1 - Application Approval and Service Activation

  1. Subscriber affirms that the information provided in the Application Form and the supporting documents submitted in connection therewith are true, authentic and correct.
  1. Subscriber hereby authorizes the Service Provider to verify such information from whatever source, and authorizes the holder, controller and processor of such information, as the same is defined in Republic Act No. 10173 (otherwise known as the “Data Privacy Act of 2012”), including any amendment or modification of the same, to confirm, release, share and verify the existence, truthfulness, and/or accuracy of such information in compliance with Data Privacy Act of 2012, its implementing rules and regulations , issuances of the National Privacy Commission of the Philippines and our Data Privacy Policy.

Any incorrect information provided by Subscriber shall result in the delay or denial of the application, delay in the installation and provisioning of the Service or, if already approved, in the suspension or termination of the Service, without prejudice to any other action which Service Provider may pursue in accordance with law and equity.

  1. Approval of the Service application shall be at the sole discretion of the Service Provider. Service Provider may even require submission of additional requirements to facilitate the processing of the application. In the event that the Service application is disapproved or denied, Service Provider shall have no obligation to divulge to applicant the reason for such disapproval or denial.
  1. The Service shall be activated only after approval by Service Provider of Subscriber’s application and compliance by the Subscriber with all the requirements for Service activation.

ARTICLE 2 - SIM Card

  1. When the same is necessary to access the network of Service Provider and use the Services, Service Provider shall issue to subscriber a Subscriber Identification/Identity Module (SIM) Card.
  1. Subscriber shall be solely responsible for the SIM Card upon its delivery to him/her. Subscriber shall keep the SIM Card in good condition, wear and tear excepted. In case of loss of the SIM Card, Subscriber shall bear the loss of the SIM Card or obtain, at Subscriber’s cost, a replacement SIM Card from Service Provider to continue his/her access to the Service. Subscriber understands and agrees that damage to or loss of the SIM Card is neither a valid ground for the Subscriber not to pay the Monthly Recurring Fee (MRF) and other charges associated with his/her use of the Services nor a valid ground for termination of the Service without Pre-Termination Fee, if such loss or damage occurs within the Holding Period.
  1. All access to the Service such as, but not limited to, calls, local or international, incoming or outgoing, made or accepted through the use of the SIM Card shall be presumed made or authorized by Subscriber. Accordingly, all charges for such use shall be paid by the Subscriber except for usage charges incurred after Subscriber reports the loss of the SIM Card to Service Provider’s Customer Service Hotline at (+632 7301000), or 211 via Globe Mobile, Globe Stores, or Subscriber’s account manager and the report is acknowledged to have been received by the latter.
  1. Service provider shall not be held liable for any loss or damages incurred by the Subscriber as a result of leakage, misuse or unauthorized distribution of Subscriber’s personal information contained in the SIM Card from the time the SIM was actually lost or damaged.

ARTICLE 3 - Device and Equipment

  1. The necessary device [e.g. handsets, pocket WiFi, modem also known as “Customer Premises Equipment” or “CPE” ], equipment, peripherals and accessories (singly and collectively ,“Device”) that may be required to access and avail of the Services may be a Bundled Device, Purchased Device, Service Provider Owned Equipment or obtained by Subscriber from other sources.
  1. If a Device is provided by Service Provider (“Bundled Device”), its partial or full purchase price is already included in the MRF and the same is non-refundable and non-exchangeable for cash or any other product. Subscriber shall be responsible for any outstanding payments for the Device’s purchase price, even if the service is disconnected or when the Device is replaced, lost, stolen or damaged.
  1. If a Device is purchased by Subscriber from Service Provider to be used by Subscriber in connection with or in accessing the Services (“Purchased Device”), its purchase price is not included in the MRF but billed separately in the Statement of Account (SOA) by Service Provider or Service Provider partner or third party. Subject to Service Provider’s obligations and warranties, Subscriber will own the Purchased Device only upon full payment of the purchase price thereof. Further, Subscriber will be responsible for any outstanding payments for the Purchased Device, even if the Service is disconnected or when the Device is replaced, lost, stolen or damaged. Warranty claims shall be dealt with in accordance with the warranty extended to the Purchased Device by the authorized dealer or manufacturer, as applicable, of the Device and Service Provider shall not be responsible for the consequences of any of Subscriber’s acts which voids the warranty or renders the same inapplicable.
  1. Service Provider shall have the absolute right to sell, transfer, assign or encumber to any third person or entity any and all receivables due from the Subscriber representing payments for the purchase price of any Bundled or Purchased Device even without notice to, or even against the will of the Subscriber concerned. Upon such sale, transfer, assignment or encumbrance, such third person shall be subrogated to the rights of Service Provider as far as the right to collect the receivables is concerned, to the extent allowed by law and without prejudice to Service Provider’s other rights arising from this Agreement with respect to its provision of the Services to Subscriber.
  1. By accepting a Bundled Device or a Purchased Device delivered to Subscriber, Subscriber confirms that he/she has inspected the Device and found the same to be in good order and working condition. Should any Device provided by Service Provider be defective, the same may be replaced in accordance with the return policy except in the following cases:
  1. The Device has been subjected to abnormal or negligent use, improper storage, improper or unauthorized location (CPE), exposure to moisture or dampness, excessive temperature or abnormal environmental conditions, unauthorized modifications, connections, or repair;
  2. The Device’s serial number, accessory date code, IMEI, or manufacturer’ warranty seal has been removed, defaced or altered;
  3. GLOBE’s SIM lock has been unlocked or tampered including transfer of SIM from residence located CPE to mobile;
  4. The original manufacturer’s battery, antenna, front and back covers, or any parts/accessories are incomplete or have been replaced;
  5. There are visible dents, scratches, markings or signs indicated that the Device was dropped;
  6. There is a liquid or greenish residue in the bottom of the key mats;
  7. An acetate is inserted in the cell display;
  8. The Device’s backlight has been altered;
  9. There is a network monitor installed in the transceiver;
  10. There are softwares or features not normally present in the original Device;
  11. The Device’s electronic IMEI is not the same as the IMEI on the transceiver label; or
  12. Any other instance showing that the Device’s flaw is not a factory defect.
  1. Subscriber shall be solely responsible for the Bundled or Purchased Device upon its delivery to him/her. Subscriber shall keep the Bundled or Purchased Device in good condition, wear and tear exempted.
  1. In case of damage to or loss of the Bundled or Purchased Device, Subscriber at his/her discretion shall have the Device repaired or obtain another Device in order that he/she may continue to access the Services. Subscriber shall bear the loss of the Device, hence the damage to or loss of a Device is neither a valid ground for Subscriber not to pay the MRF, the outstanding balance of the purchase price of the Device, and other charges associated with his/her use of the Services, nor is such loss a valid ground for termination of the Service without Pre-Termination Fee if such loss or damage occurs within the Holding Period.
  1. In the event of Device loss, the Subscriber should immediately notify Service Provider’s Customer Service Hotline at (+632 7301000) or 211 via Globe Mobile, Globe Stores, or Subscriber’s account manager. Service Provider may temporarily disconnect or suspend the Service upon request of the Subscriber and re-connect the same also upon request of Subscriber. Subscriber shall pay for all usage charges prior to the time that the loss is reported to Service Provider. Moreover, Subscriber remains liable for the MRF during the period of temporary disconnection or suspension, and the Holding Period is automatically extended for a period of time equal to the period of temporary disconnection or suspension.
  1. Subject to manufacturer’s warranty on the Device, in the event of damage to or loss of the Device, Service Provider shall have no obligation to repair or replace the damaged Device if the same is caused by vandalism, accident, Subscriber’s own fault or negligence or that of a third person, fire, theft or robbery or force majeure.
  1. For CPE, Subscriber agrees that ownership over the same shall remain with Service Provider and that activation occurs upon completion of CPE installation and testing. Subject to Service Provider’s obligations and warranties, Subscriber agrees to be responsible for the CPE from the time Subscriber accepted delivery thereof. Such responsibility shall include, but shall not be limited to, the following:

(a) To pay for all applicable charges and fees as stated in Subscriber’s application;

(b) To keep the CPE used for the Service in good condition (fair wear and tear only excepted) and be fully responsible for any loss or damage to the CPE whether the same be caused by fire, theft, vandalism, accident, fault or negligence by Subscriber, a third person or as a result of force majeure. Subscriber agrees to shoulder the cost of repair or replacement of the CPE .

(c) To promptly report to Service Provider’s Customer Service Hotline (+632 7301000) or 211 via Globe Mobile, Globe Stores or Subscriber’s account manager, any problem with or damage to the CPE and/or any act of third persons which may or which Subscriber has reason to believe will cause damage to the CPE or the delivery of the Service;

(d) To promptly report to Service Provider’s Customer Service Hotline (+632 7301000) or 211 via Globe Mobile, Globe Stores or Subscriber’s account manager, for loss or theft to the Device, to be followed by submission of a duly notarized written affidavit of loss or police report to document such loss within twenty four (24) hours from discovery of the loss. Service Provider shall disconnect the Service upon receipt of such notice; however Subscriber shall continue to be responsible and liable to pay for usage charges on the Service until the time the loss is reported and for a period of twenty-four (24) hours after receipt of the written affidavit of loss or police report. Subscriber shall remain liable for MRF during the period of temporary disconnection or suspension. The Service may be automatically reconnected thirty (30) days from the date of disconnection or suspension; and

(e) To prohibit or prevent the CPE being used for the Service from being: (i) tapped, operated through a remote station, or used to transmit messages in violation of existing law; (ii) connected, disconnected, or altered by any instrument or facility without Service Provider’s prior written approval;(iii) use and operated for the Service that is above , on top of or different from the plan/subscription applied and entered into by the Subscriber (e.g. use or operated for business regardless of revenue a residential/personal use plan subscription; and/or (iv) use and operated outside the customer premises (e.g. use outside of the home/installation address where the CPE is agreed to be installed based on subscription ). These acts constitute material breach and Service Provider at its option, can unilaterally terminate the Service and/or Subscription. Warranty on the CPE shall likewise be void due to this Clause 10 (e).

Subscriber shall exercise full control of and responsibility for the CPE used for the Service and shall be accountable for the use of the Service using the CPE assigned to said Subscriber.

  1. Where applicable, Subscriber shall provide adequate and suitable space, power supply and environment for any CPE used in connection with the Service located in his/her premises in accordance with his/her subscription and as originally installed by Service Provider. Further, where applicable, Subscriber shall allow Service Provider’s personnel or designated contractors/vendors/ to enter his/her premises at reasonable times to inspect, test, service, modify, repair, replace or upgrade any CPE.
  1. It is the obligation of the Subscriber to thoroughly know the specifications, features and capabilities of the Device. Hence, all usages emanating from the use of the Device whether or not actively or consciously known to the Subscriber, is billable and shall be paid for by the Subscriber.
  1. In case of breach by Subscriber of any of the preceding paragraphs, Service Provider may, at its sole option and discretion, either:

(a) disconnect the Device from the Service, or

(b) suspend or terminate the Service and/or Subscription

in accordance with Article 13 hereof.

ARTICLE 4 - Telephone Numbers (for Mobile and Landline Services)

Randomly assigned telephone numbers for mobile or landline Services follow the numbering plan assigned by the National Telecommunications Commission (NTC) to Service Provider. Service Provider retains ownership over these numbers including, but not limited to, the right to change and allocate/reallocate any telephone number assigned to Subscriber at any time, without incurring any liability for any loss or inconvenience on the part of the Subscriber arising from such change, allocation or reallocation. Furthermore, in the event of termination of this Agreement, Service Provider has the right to dispose of the telephone number in whatever way it deems necessary and/or convenient, including assigning the telephone number previously assigned to Subscriber to another subscriber. Thus, in case of termination of the Service, it is incumbent upon the Subscriber to notify its contacts of such termination. A valid and effective law on number portability shall apply.

ARTICLE 5 - Promotions

Service Provider may offer promotions from time to time and notify Subscriber of the details thereof (including a particular pricing plan, Holding Period, the terms and conditions for the relevant promotion) through general advertising. If Subscriber validly opts to join a promotion, the terms and conditions applicable to such promotion shall apply during the promotion period and will prevail to the extent that such terms and conditions of the promotion are inconsistent with the terms of this Agreement. In all other matters not covered by the promotion’s terms and conditions, the terms and conditions of this Agreement will continue to apply. After the promotion period expires, the terms and conditions applicable to the promotion will terminate and this Agreement will apply. Service Provider has the option to terminate or not apply for the renewal any promotion offered and subscribed to by Subscriber in accordance with the approved term of the regulatory body. Service Provider may offer a new or different promotion. Service Provider does not guarantee that the new or different promotion is an exact equivalent or similar to the terminated promotion. Subscriber does not have the right to compel Service Provider to retain the promotion or provide equivalent or similar promotion.

ARTICLE 6 - Holding Period

  1. The Services shall be maintained active for the agreed Holding Period commencing from activation date, unless otherwise stated in a promotional offer. Subscriber undertakes to complete the said Holding Period or may opt to upgrade his/her subscription plan during the same period. Subscriber shall neither terminate the Service before the end of the Holding Period nor downgrade his/her subscription plan to a lower plan during the same period, without the prior approval of the Service Provider. The above notwithstanding, Service Provider has the sole discretion to approve or disapprove any upgrade or downgrade of Subscriber’s subscription plan. In case Subscriber’s request for an upgrade or downgrade of his/her plan is approved, the corresponding adjustment in rates and fees shall be made effective in the subsequent billing cycle following the approval of the request for plan upgrade and downgrade.

In case of pre-termination (including change from SIM only to Device and vice versa) or downgrading without Service Provider’s approval prior to the expiry of the Holding Period, Subscriber agrees to pay the applicable fees and penalties imposed by Service Provider for such pre-termination or downgrade.

  1. Upon the lapse of the Holding Period, this Agreement shall be renewed automatically on a month-on-month basis until terminated by notice in accordance with the provisions of this Agreement. Notwithstanding, Service Provider may require a different Holding Period for additional service availed after the execution of this Agreement, which shall be stated in another agreement and shall be reckoned from the date of acceptance of application for such other additional services.

ARTICLE 7 - Fees and Charges

  1. Upon activation of the Service, Subscriber will be charged the following applicable charges for usage of the Service as stated in Subscriber’s approved application, based on rates approved by the National Telecommunications Commission (NTC), as well as any and all additional fees and charges indicated in this Agreement or as may be notified by Service Provider in accordance with this Agreement from time to time:
  1. Monthly Recurring Fees (MRF) stated in Subscriber’s subscription plan or promotional plan;
  2. Fees and charges for the normal use of the Service, such as access fees, where applicable;
  3. Administration fee and other charges which may include:
    1. suspension fees, cancellation fees, late payment fees, reconnection fees or reactivation fees as may be stated in Subscriber’s subscription plan, where applicable;
    2. Service Modification Fees for any request for transfer of ownership, change of telephone number, increase/reduction/modification of the Services, reconnection, and other modifications related to the Service, where applicable; or
    3. deposits of interim good-faith payment (such as deposit for equipment, if there has been an unusually high use of the service or if Subscriber wants to activate roaming for mobile services), and/or
  4. Upgrade/downgrade fees (including change from SIM only to Device and vice versa ) , where applicable.
  1. Charges Applicable to Mobile Service - Some fees and charges for the Service are subject to variation, such as charges relating to: international services or roaming, value-added and content or premium services.
  1. Charges Applicable to Broadband and Landline Service - For Broadband and Landline Service, Service Provider reserves the right to charge Subscriber the following additional charges, where applicable:
  1. installation, connection and maintenance;
  2. development and customization; and
  3. relocation and modification

The above additional charges applicable for Broadband and Landline Services shall be paid by the Subscriber prior to rendering of the requested service by the Service Provider.

  1. Fees and charges incurred for the Service shall be payable by Subscriber even if Subscriber did not, in fact, authorize its use, Subscriber is unable to access the Service, or the Service has become unavailable. Further, Service Provider reserves the right to charge Subscriber any rate adjustment on the effective date of NTC approval. Service Provider may require Subscriber to make a deposit or to make interim good-faith payments such as, for example, deposits for equipment, in case of unusually high use of the Service, or in case Subscriber wants to activate roaming for mobile services.

ARTICLE 8 - Credit Limit

  1. Subscriber will be assigned a credit limit which specifies the maximum recurring charges which Subscriber may subscribe to.
  1. Service Provider reserves the sole right to review the criteria for the increase or decrease of Subscriber’s Credit Limit, approve or disapprove any such request, subject to existing terms and conditions. Service Provider may also proactively increase Subscriber’s Credit Limit and notify Subscriber of such increase. If Subscriber does not concur to his/her new Credit Limit, Subscriber shall inform Service Provider within the period of time specified in the notification. Subscriber’s failure to advise Service Provider within the specified period shall be deemed an acceptance of the new Credit Limit.

ARTICLE 9 - Spending Limit

  1. Subscriber sets a Spending Limit which represents his/her cap which will enable Subscriber to manage his/her usage within a billing cycle. If Subscriber exceeds his/her Spending Limit, Service Provider may require payment even before the end of Subscriber’s billing cycle or Service Provider may notify Subscriber through any of the latter’s contact details/numbers. Notwithstanding non-receipt of any notification, Subscriber may request, at any time, details about his/her unbilled charges by calling Service Provider’s Customer Service Hotline at (+632 7301000), by visiting any of Service Provider’s Globe Stores nearest him/her, through the myBill website at www.globe.com.ph or by consulting his/her account manager. For Globe Postpaid, Subscriber may also inquire about his/her unbilled charges through any of Service Provider’s communication channels. Failure on Subscriber’s part to inquire about his/her unbilled charges for whatever reason does not absolve him/her from liability in settling his/her outstanding balance in excess of his/her Spending Limit. Further, Service Provider may bar, suspend or temporarily disconnect the Service as soon as Subscriber exceeds his/her Spending Limit, or when otherwise warranted by abnormal usage patterns or other circumstances, without need of prior notice and liability on Service Provider’s part. Subscriber shall pay for all usage whether within or in excess of his/her Spending Limit in order to continuously avail of the Service.
  1. Service Provider reserves the sole right to review the criteria for the increase or decrease of Subscriber’s spending limit and approve or disapprove any such request, subject to existing terms and conditions. Service Provider may also proactively increase Subscriber’s Spending Limit and notify Subscriber of such increase. If Subscriber does not concur to his/her new Spending Limit, Subscriber shall inform Service Provider within the period of time specified in the notification. Subscriber’s failure to advise Service Provider within the specified period shall be deemed as acceptance of the new Spending Limit.

ARTICLE 10 - Billing and Payments

10.1 - Billing

  1. Service Provider, by itself or through an authorized billing agent, will regularly send Subscriber’s bill to the bill delivery mode indicated in Subscriber’s application or as may be agreed upon by Subscriber and Service Provider with corresponding cost to Subscriber, if any.

(a) For paper bills, Service Provider reserves the right to send Subscriber’s bill(s) to the latter’s other address(es) disclosed in the latter’s application in case of “Moved Out/Return to Sender”. Subscriber shall inform Service Provider of any change in Subscriber’s billing address. Service Provider shall not be responsible for any consequence arising from Subscriber’s inability to receive his/her bill and pay the amount due on due date as a result of Subscriber’s failure to timely notify Service Provider of any change in his/her billing address.

(b) For ebills, Service Provider reserves the right to send Subscriber’s bill(s) to the latter’s email address(es) disclosed by Subscriber. Subscriber shall inform Service Provider of any change in Subscriber’s email address. Service Provider shall not be responsible for any consequence arising from Subscriber’s inability to receive his/her bill and pay the amount due on due date as a result of Subscriber’s failure to timely notify Service Provider of any change in his/her email address.

  1. Notwithstanding the non-delivery to Subscriber of his/her bill, Subscriber shall be responsible for informing himself/herself of any outstanding balance by calling Service Provider’s Customer Service Hotline at (+632 7301000), by visiting Globe Stores, through Subscriber’s account manager, or through the myBill website at www.globe.com.ph and making payment on or before the due date, without need of further demand on Service Provider’s part.
  1. Service Provider will try to include in Subscriber’s bill all charges for the relevant billing period. However, when this is not possible, Service Provider may include unbilled charges in later bill(s). Service Provider may also render interim billings in advance of the usual billing cycle whenever Subscriber’s actual usage charges exceed his/her Credit Limit.

Further, Service Provider may place on a single bill all Services that Subscriber has with Service Provider. At point of sale, however, Subscriber may opt to have his/her Services billed individually. Subscriber understands and agrees that once he/she receives a single bill, it may not be possible to obtain individual bills for each of the Services he/she availed of.

  1. Subscriber may opt to enroll in myBill online at www.globe.com.ph to enable him/her to view his/her bill online for Services he/she may have availed of.
  1. For billing-related inquiries or complaints, Subscriber may file the same with Service Provider’s Customer Service Hotline at (+632 7301000), Globe Stores, or Subscriber’s assigned account manager, within thirty (30) days from statement date. Subscriber’s failure to file an inquiry or complaint within said period shall be deemed an acceptance of the accuracy and correctness of the bill, making it final and conclusive on Subscriber. Service Provider shall respond to Subscriber’s billing queries or resolve Subscriber’s billing complaint at the soonest possible time. Subscriber understands and agrees that Service Provider, in responding to such queries and in resolving complaints, relies on its records which Subscriber acknowledges and agrees to be correct and conclusive.

10.2 - Payments

  1. Subscriber shall pay the entire amount billed on or before the due date specified in any payment notification, bill or any other notice sent by Service Provider. Subscriber’s failure or refusal to pay, in whole or in part, any outstanding charges by due date shall entitle Service Provider to exercise the right to redirect, bar or temporarily disconnect Subscriber’s Service(s) without liability on Service Provider’s part.
  1. Subscriber may pay his/her bill through any of Service Provider’s accredited payment channels listed in Service Provider’s website at www.globe.com.ph or through any Globe Stores. Service Provider is not bound to honor payments made to persons or entities or at places not authorized by Service Provider to receive payments on its behalf. If Subscriber opts to pay his/her bill via direct debit from an identified account, by credit card, or by check, and the payment is not fulfilled or honored, for example, because of insufficient funds for direct debit or credit card payment, or a dishonored check, Service Provider may charge Subscriber an additional fee.
  1. Subscriber’s payments shall be applied in this order – a) any late payment fee, b) billings in arrears and c) current billing.
  1. In case of overpayment, the excess amount shall be used to offset outstanding charges, fees, cost, rentals or any other sum due in Subscriber’s other bills or Subscriber’s account will be credited with the amount he/she has overpaid. If Subscriber has stopped obtaining the Service, Service Provider will use reasonable efforts to notify Subscriber of the overpayment and refund the same in accordance with Service Provider’s policies.
  1. Provider’s right to pursue legal remedies to collect penalties or damages which Service Provider may incur as a result of Subscriber’s late payment, incomplete payment or non-payment of his/her bill. These penalties or damages may include, but is not limited to, the following: (1) penalty fee for Subscriber’s failure to comply with the Holding Period or the value of the Device, reward or promotional product, whichever is higher; (2) reconnection fee; and (3) reactivation fee.

Service Provider may engage the services of a collection agency or institute legal proceedings against Subscriber to recover the money owed by Subscriber and Service Provider may collect and claim but not limited to recovery fee, reasonable costs, collection fee, damages, judicial and legal fees.

ARTICLE 11 - Taxes and Currency Exchange Rates Adjustment (CERA)

Unless otherwise indicated, the fees and charges set out in this Agreement include any amount on account of tax and Currency Exchange Rates Adjustment (if any). Should there be additional taxes or increase in tax rate as mandated under Philippine laws, Service Provider is entitled to bill Subscriber accordingly.

ARTICLE 12 - Representations and Warranties

  1. Service Provider represents that it will reasonably provide the Service in accordance with industry standards.
  1. Service Provider makes no representation that the Service will be available throughout the Philippine territory and in all international territories.
  1. SERVICE PROVIDER PROVIDES THE SERVICE ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE. SERVICE PROVIDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES AS TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SERVICE PROVIDER NEITHER REPRESENTS NOR WARRANTS THAT THE INFORMATION OR CONTENT ACCESSIBLE ON OR THROUGH THE SERVICE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION OR CONTENT, INCLUDING PRICES AND AVAILABILITY, ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO SUBSCRIBER.
  1. Subscriber assumes all the risks associated with the use of the Service, any information or content available and/or accessed through the Service and any security features provided for the Service. Service Provider shall not be responsible for loss of data, it being understood that Subscriber is solely responsible for ensuring that his/her data is properly backed-up and stored in another location other than the Service.
  1. Subscriber represents and warrants that (a) his/her use of the Services and the Device shall strictly be in accordance with this Agreement; (b) he/she will not violate or infringe upon any intellectual, proprietary or other rights, including data protection and privacy rights, or any applicable law, rule or regulation; and (c) he/she has not represented to any party that Service Provider made any warranty or representation of any kind with respect to the Services.

ARTICLE 13 - Termination and Suspension of the Service Cancellation or Termination of the Service

  1. Subscriber may cancel the Service at any time by:

(a) giving Service Provider thirty (30) days prior notice, or

(b) giving Service Provider notice in the form of a letter or a call to Service Provider’s Customer Service Hotline in the following instances:

(i) Service Provider breaches a material term of this Agreement and such breach cannot be remedied, except if the breach was a result of circumstances reasonably attributable to Subscriber; or

(ii) Service Provider breaches a material term of this Agreement and such breach may be remedied but Service Provider unreasonably refuses or fails to remedy the breach within thirty (30) days after receipt of Subscriber’s notice requiring Service Provider to remedy the breach; or

(iii) occurrence of force majeure.

The Service will be terminated on the termination date indicated on the notice. In the absence of the notice required in 1(a) above and upon the expiry of the Holding Period, Service Provider shall continue to supply the Service to Subscriber and Subscriber shall continue to be charged for the Service.

  1. Service Provider may terminate the Service at any time by giving Subscriber due notice. Service Provider may however terminate the Service even without notice in any or all of the following instances:

(a) There is an emergency or threat to Service Provider’s network, such as but not limited to Subscriber’s equipment emitting signals or codes that are harmful to or interfere with Service Provider’s network;

(b) Service Provider reasonably suspects that Subscriber directly or indirectly engages in any fraud either by himself/herself or with any other person in connection with the Service, whether the said act is punishable under the law or not, and other analogous cases such as but not limited to international simple resale (ISR), authorized audiotex or as part of a ringback, dialback or similar operation, or availed of ringback, dialback or similar services utilizing the Device issued by Service Provider, no matter how short, be it temporary or permanent, whether or not for value or which operation or service constitutes a bypass defrauding us or our interconnect partners of the rightful access/termination charges due them (“Bypass”), In the event that Subscriber uses the Service for any Bypass activity, Subscriber shall immediately compensate Service Provider an amount equivalent to the rightful access or termination charge prevailing at the time the unauthorized service was committed plus fifty percent (50%) of such access or termination charge and all other claims and damages demanded by Service Provider’s interconnect partners who have been affected by the unauthorized service (“Bypass Compensation”). Such Bypass Compensation shall be computed from the time the unauthorized service was committed by Subscriber until the actual cessation of Bypass activities. This provision shall not be subject to any limitation of liability provided in this Agreement;

(c) Service Provider is required to do so to comply with an order, instruction, request or notice of any competent legal authority or by authorization of or under law;

(d) Subscriber uses the Services (i) to send spam messages or unsolicited texts and broadcast messages for the purpose of offering services, selling products, or otherwise disseminating information about a product promo, event or advocacy, (ii) to send scam or unsolicited, fraudulent or bogus text or broadcast messages for the purpose of obtaining gain or benefit from other people, or (iii) to perform any illegal activity, or otherwise use the Services in a manner that breaches a material term of this Agreement including, but not limited to, Subscriber’s obligations relating to the use of the Service set out in his/her application or otherwise misuses the Service;

(e) There is unusually high use of the Service, or the Subscriber uses the Service in a manner that violates Service Provider’s Fair Use Policy , Data Privacy Act and Globe’s Data Privacy Policy;

(f) Subscriber breaches any term or condition of this Agreement which breach can be remedied but Subscriber fails or refuses to remedy the breach within ten (10) days after receipt of notice from Service Provider requiring Subscriber to do so;

(g) Subscriber breaches any term or condition of this Agreement which breach cannot be remedied such as, but not limited to, transferring Subscriber’s account without Service Provider’s consent, having connected accessories pertaining to the application software that may have virus or bugs, having installed and used software that Subscriber does not have any license that may result in an infringement of third party’s intellectual property rights or which may be harmful to Service Provider’s equipment and network;

(h) Subscriber suffers an insolvency event and Service Provider reasonably believes that it is unlikely able to receive payment from Subscriber for amounts due under this Agreement; or

(i) occurrence of force majeure.

  1. Upon cancellation or termination of the Service, Subscriber shall no longer be able to use the Service after termination date. Once the Service is terminated, Service Provider reserves the right to prevent Subscriber from further using its network. Further, Subscriber shall be liable to immediately pay any charges incurred (including the pre-termination fee and outstanding equipment charges and penalty fees, if any) until termination date. Subscriber shall also immediately pay for charges that Service Provider discovers after such termination. If Subscriber is able to use the Service after the termination date, Subscriber shall be liable for any charges incurred by him/her for that use, in addition to any other charges under this clause. For this purpose, Subscriber hereby authorizes Service Provider to apply any of his/her advance payment to any such outstanding charges.
  1. In addition to the fees and charges due in the immediately preceding provision, if the Service is terminated as a result of circumstances reasonably attributable to Subscriber:

(a) before the service start date, Subscriber must pay Service Provider all infrastructure and installation costs incurred by Service Provider in connection with preparations for supplying the Service to Subscriber, or

(b) during the Holding Period, Subscriber must pay the pre-termination fee and the outstanding balance for the purchase price of any Device used to avail of the Service, if any.

  1. In addition to Subscriber’s liabilities stated above, Subscriber shall be responsible for the safe custody of Device until such time that Subscriber surrenders possession thereof to Service Provider in case when handset has not been fully paid or CPE. Subscriber agrees to delete any application and data that may be stored in said Device. For this purpose, Subscriber allows Service Provider to enter his/her premises and remove the CPE.

If Service Provider is unable to retrieve the CPE from Subscriber’s premises, for whatever reason, Subscriber shall be liable for the full cost of such equipment, without prejudice to any remedies that may be available to Service Provider under this Agreement or under the law and Service Provider can claim damages which it may suffer as a result of Subscriber’s failure to surrender CPE.

  1. Suspension of the Service
  1. Service Provider may suspend the Service at any time, if:

(a) doing so is necessary to allow Service Provider or its supplier to repair, maintain or service any part of Service Provider’s network or supplier's network used to supply the Service

(b) Service Provider reasonably believes that there has been an unusually high use of the Service

(c) problems are experienced interconnecting to Service Provider’s network with any supplier's network, or

(d) Service Provider is otherwise entitled to do so under this Agreement.

(e) Service Provider is mandated by judicial order, law or the government

  1. If Subscriber wishes to have the suspension lifted, he/she should contact Service Provider. If the suspension is temporary and was requested by Subscriber for personal reasons, the Service shall be automatically lifted after thirty (30) days unless Subscriber contacts Service Provider and requests that the suspension be continued which shall be automatically lifted again after 30 days..
  1. If Service Provider suspends the Service, for any reason, Service Provider may later terminate the Service for the same or a different reason. Upon such termination, Subscriber must pay Service Provider any applicable pre-termination fee, as well as any outstanding balance for the purchase price of any Device used to avail or the Service.
  1. If the Service is suspended, Subscriber may have to pay access fees for the Service while it is suspended.
  1. If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to Subscriber or to the equipment that is owned by Subscriber for use with the Service or as provided in the foregoing, Subscriber shall be entitled to a refund or a rebate of any access fees he/she may have paid during the period of suspension. For the purpose of claiming the refund, Subscriber should contact Service Provider’s Customer Service Hotline at (+632 7301000), 211 via Globe Mobile, Globe Stores or Subscriber’s account manager.
  1. If the Service Provider suspends the Service for acts or omissions on Subscriber’s part, upon such termination, Subscriber must pay Service Provider any applicable pre-termination fee, as well as any outstanding balance for the purchase price of any Device used to avail or the Service.

ARTICLE 14 - Call Redirection, Call Barring and Temporary Disconnection

  1. Service Provider reserves the right to redirect, bar or temporarily disconnect Subscriber’s telecommunication service(s) in the following events: (a) Service Provider finds inconsistencies in the information provided in Subscriber’s application form, (b) non-payment by Subscriber of an overdue account, (c) usage in excess of Credit Limit or Spending Limit, (d) abnormal or unusually high usage patterns, fraud, or other similar cases. Subscriber shall have no cause of action against Service Provider for call redirection, call barring or temporary disconnection. Service Provider may reconnect Subscriber’s service(s) once Subscriber fully complies with Service Provider’s requirements. Further, Subscriber will continue to be liable for any applicable charges and/or fees, including but not limited to the monthly recurring fees despite the call redirection, call barring or temporary disconnection.
  1. Service Provider further reserves the right to effect permanent disconnection of Subscriber’s service(s) if Subscriber continues to fail to pay his/her bill within the period identified by Service Provider, or Subscriber fails to cure the cause of temporary disconnection within the agreed period of time. Once the service(s) is/are permanently disconnected or terminated, all outstanding balance for the Services and purchase price of the Device becomes immediately due and demandable, without prejudice to Service Provider’s right to collect the pre-termination fee arising from Subscriber’s failure to complete the Holding Period.
  1. Subscriber further acknowledges that Service Provider has the discretion to interrupt, call redirect, deactivate or disconnect the Service for various reasons or causes beyond Service Provider’s control including but not limited to force majeure, power and equipment failure or acts or omissions on Subscriber’s part or a third party or when mandated by law or government.

ARTICLE 15 - Service Reconnection

  1. In case of suspension of the Service, redirection or temporary disconnection, Service Provider shall have no obligation to reconnect the Service unless Subscriber has cured the cause for such suspension, redirection or temporary disconnection to Service Provider’s satisfaction. Reconnection/reactivation shall be at Service Provider’s sole discretion and subject to the payment by Subscriber of reconnection/reactivation fees.
  1. During the suspension, redirection or temporary disconnection of the Service, Subscriber shall remain to be bound by the terms and conditions of this Agreement.

ARTICLE 16 - Liability

  1. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF INCOME, PROFITS, DATA, DAMAGES FROM LOSS OF USE, OR BUSINESS OPPORTUNITY, OR FAILURE TO ACHIEVE COST SAVINGS, IN CONTRACT, TORT, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, COST, OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO ANY CLAIMS FOR PERSONAL INJURY OR DEATH OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR SUBSCRIBER’S/SERVICE PROVIDER’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT AND EXCEPT WHEN SPECIFICALLY PROVIDED UNDER THIS AGREEMENT.
  1. SERVICE PROVIDER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE MONTHLY RECURRING FEE AS STATED IN SUBSCRIBER’S APPLICATION.
  1. Service Provider reserves the right to investigate any possible violations of this Agreement and it may gather information from the Subscriber, the complaining party, or any third party. Service Provider may, without incurring any liability, suspend Subscriber’s use of the Service as it deems appropriate and without notice. If Service Provider, at its own discretion, determines that a violation of this Agreement has occurred, it may terminate, temporarily or permanently, the Service or take other corrective action as it deems appropriate. Service Provider will fully cooperate with any court order requesting or directing it to disclose, among others, Subscriber’s identity in case Subscriber is found to have violated this Agreement or any law.

ARTICLE 17 - Limitation of Liability and Remedies

  1. Subscriber agrees to defend and hold Service Provider free, harmless and indemnified from and against any and all claims, demands, actions, causes of action, judgment, cost and reasonable attorney's fee and expenses of any nature for---

(a) any damage of any kind arising from or related to Subscriber’s use of the Service or by another party irrespective of whether Subscriber knew or has authorized such usage,

(b) any damage to property or injury to or death of any person resulting from Subscriber’s use and operation of or malfunction of any equipment or power supply used for the Service,

(c) any claims resulting from any action taken by Service Provider during or as a result of its investigations and/or from any action taken by it as a consequence of investigations conducted by it or by law enforcement authorities, and/or

(d) any damage as a result of Subscriber’s acts or Subscriber’ failure to comply with the terms and conditions of this Agreement.

  1. In no event shall Service Provider be liable for:

(a) any of the circumstances enumerated in Clause 1 of this Article 17

(b) any unauthorized access by a third party to Subscriber’s network or data

(c) any error, omission or inaccuracy with respect to any information obtained or disclosed through the use of the Service, or for any damages which such errors may cause, or

(f) any delay, interruption or failure to provide or restore the Service due to causes beyond Service Provider’s control or force majeure, etc.

ARTICLE 18 - Assignment or Transfer of Service

  1. Subscriber agrees that he/she will not, without Service Provider’s prior written consent:

(a) allow any person to share in the use and benefits of the Service or of this Agreement, whether for consideration or not

(b) assign, transfer, mortgage or create any encumbrance on any of his/her rights under this Agreement and/or on any right, interest or benefit originating from it

(c) sell, mortgage, pledge, transfer or cause the location transfer of the CPE from installation address, or

(d) mortgage or hypothecate the CPE and mobile data products (e.g handsets included in the Plan during the Holding Period or obtained from Service Provider partner).

  1. The prior written consent required by Clause 1 of this Article 18 may only be secured, at Service Provider’s sole discretion, by accomplishing and submitting a service modification request together with required supporting documents to Service Provider’s Customer Service Hotline (+632 7301000) or 211 via Subscriber’s Globe Mobile, Globe Stores or Subscriber’s account manager. Pending approval of the service modification request, Subscriber shall be liable to pay accrued charges for the Services. Once the service modification request is approved, the person in whose favor an encumbrance, right, interest or benefit was created by virtue of the approved service modification request, becomes the Subscriber for all intents and purposes under this Agreement, without prejudice to Service Provider’s recourse against the original Subscriber in case the new Subscriber fails to comply with his/her obligations under this Agreement.
  1. Service Provider reserves the right not to honor any sale, assignment, transfer, mortgage or pledge executed without its prior written consent, without prejudice to its right to immediately disconnect the Service, without incurring any liability, upon its discovery of any unauthorized sale, assignment, transfer, mortgage, or pledge and/or to impose such terms and conditions as Service Provider may deem fit, including the terms and conditions of this Agreement, for the reconnection or continuation of the Service to Subscriber’s buyer, assignee, transferee, mortgagee, or pledgee. Subscriber hereby undertakes to hold Service Provider free, harmless and indemnified against any and all sums for which Service Provider may be held liable to such buyer, assignee, transferee, mortgagee, or pledgee arising from Service Provider’s refusal to render Service to the unauthorized buyer, assignee, transferee, mortgagee, or pledgee.

ARTICLE 19 - Miscellaneous

  1. This Agreement including agreement specific to the Subscriber’s product and service plan as well as any addendum or revision or updates represents the entire understanding by and between Subscriber and Service Provider and supersedes all prior written and oral agreements and representations and will commence on the date of Service Provider’s acceptance of Subscriber’s signed application and shall continue for the agreed Holding Period unless earlier terminated.
  1. Any failure by Service Provider to enforce this Agreement, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
  1. Service Provider and Subscriber agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
  1. This Agreement shall be construed in accordance with the Philippine laws. In case of suit arising from this Agreement, Service Provider and Subscriber agree to submit to the appropriate courts in Taguig City to the exclusion of all other courts. Subscriber agrees that in addition to the amount due and collectible, Subscriber shall pay an additional twenty-five percent (25%) of such amount by way of damages and another twenty-five percent (25%) of such amount by way of attorney’s fees and costs of suit.
  1. Subscriber hereby acknowledges that he/she has read and understood all the terms and conditions herein stated and that he/she voluntarily entered into this Agreement with full knowledge and consent of everything that this Agreement contains.

TERMS AND CONDITIONS UNIQUE TO GLOBE MOBILE CONSUMABLE AMOUNT

The consumable amount of Subscriber’s Monthly Recurring Fee, if any, shall be specified in his/her subscription plan, and may or may not include all types of calls.

INTERNATIONAL ROAMING SERVICE

  1. Subscriber understands and agrees that the subscription is International Direct Dialing (IDD) and International Roaming capable which is built in with the Service upon activation of his/her account, subject to compliance with the payment, billing and Credit Limit and Spending Limit conditions found in this Agreement. However, International Roaming activation shall be at Service Provider’s sole discretion and Service Provider may require Subscriber to pay an advance payment for the use of the International Roaming Service. Subscriber’s payment shall be applied to any late payment fee, billings in arrears and Subscriber’s current billing, in that order.
  1. Subscriber agrees to be subject to and abide by his/her Subscription Agreement and those applicable to the domestic subscriber of the foreign mobile telephone service network that he/she has selected. Subscriber further understands and agrees that Service Provider will exert best efforts, but does not guarantee:

(a) to monitor all of Subscriber’s calls, SMS, data and VAS usage on a daily basis; and

(b) to strictly implement the Credit Limit and Spending Limit on Subscriber’s account. Moreover, Subscriber understands and agrees that Service Provider may communicate with Subscriber in the event of any unusual surge in calls, SMS and VAS usage.

  1. Subscriber warrants that he/she is using the International Roaming Service for his/her own use. Thus, Subscriber is responsible for and shall pay for all calls, Short Messaging Service (SMS), General Packet Radio Service (GPRS) and Value Added Service (VAS) originating from his/her handset using his/her SIM card. Subscriber acknowledges that when roaming, he/she will be charged for both incoming and outgoing voice calls and SMS. Some roaming partners may or may not charge incoming SMS. Voice calls and SMS rates may vary depending on the roaming partner and is also subject to change at the discretion of the roaming partner, without need of prior notice. Subscriber also acknowledges his/her obligation to secure from Service Provider the charging principle of the country of destination. Subscriber warrants that all call charges are settled in full in order to avail of the International Roaming Service. Moreover, when the sum of previously billed but unsettled charges and the unbilled charges corresponding to calls placed while roaming in these countries exceed the Credit Limit and Spending Limit, Service Provider may require and Subscriber shall agree to pay all billed and unbilled charges as a condition for the continuation of the International Roaming Service.
  1. In case of loss of Subscriber’s handset with Subscriber’s SIM card, Subscriber agrees to immediately notify Service Provider by calling the Globe Roaming Support Hotline at (+632 7301212) . Service Provider shall only shoulder calls to the Globe Roaming Support Hotline made from a landline. Calls to the Globe Roaming Support Hotline made from a mobile phone will be charged to the Subscriber.Any other charges, including, but not limited to, IDD charges, hotel call or other board/lodging (if any) call, charges or surcharges, shall be shouldered by Subscriber. In the event that the loss is not immediately reported, Subscriber shall be liable for all calls made using the handset up to and until Subscriber shall have successfully reported the loss. Subscriber understands that Service Provider reserves the right to cancel or pre-terminate the International Roaming Service at any time, without incurring liability thereto. Subscriber agrees that while outside the Philippines, Subscriber’s contact person in the Philippines as indicated in this form is authorized to transact with Service Provider regarding Subscriber’s International Roaming Service. Subscriber shall promptly inform Service Provider prior to Subscriber’s departure, if the contact person or his/her contact details have changed. Service Provider shall not be liable for any failure on Subscriber’s part to inform Service Provider of any such change.

TERMS AND CONDITIONS UNIQUE TO GLOBE BROADBAND AND LANDLINE SERVICE ACTIVATION, PROVISIONING AND INSTALLATION

  1. Service Provider Shall provide Subscriber with the equipment and peripherals needed to avail of the Service, which may include a Customer Premise Equipment (CPE) or Modem kit, a Globe Landline unit, a Globe Subscriber Identity Module (SIM) Card, Ethernet cabling, and/or an external antenna. These equipment and peripherals are non-refundable, non-exchangeable for cash or any other product. Should any of the equipment and peripherals provided by Service Provider be inherently defective, these equipment and peripherals may be replaced within seven (7) days from first use.
  1. Equipment provided by Service Provider is locked to the Globe Broadband and Landline network. In cases where a SIM card is needed, only Globe issued SIM cards may be used to access the Service. The use of any unauthorized equipment to access the Service is strictly prohibited, and shall be sufficient cause for the immediate disconnection of the Service without need of prior notice and liability to Service Provider. Globe Broadband and Landline Services can be accessed only in areas where Globe Broadband and Landline facilities and/or signal are present. Subscriber holds Service Provider free and harmless against any and all liability arising from the non-availability of the Service or inability to access the Globe Broadband and Landline Service.

SPECIAL FACILITIES

  1. In the event that the nature of the Service to be provided to Subscriber requires additional wiring, cabling and trunking (hereon to be called “service equipment”) not ordinarily provided to single-line residential subscribers or the premises in which Subscriber is located or wish to locate his/her telephone or required service equipment is not provided in the standard installation package, Service Provider shall decide on the wiring route on Subscriber’s premises and shall not be obliged to utilize the service equipment Subscriber provides. As a pre-requisite to installation, all parties should agree as to who will shoulder the additional installation costs.
  1. In the case of special telephone traffic handling facilities, or other equipment related to the telephone service provided by Subscriber, Subscriber agrees that: (i) any and all facilities should adhere to all applicable law, regulations and standards required by Service Provider, the National Telecommunications Commission and the laws of the Philippines, and (ii) if deemed necessary, Service Provider may request Subscriber to provide at Subscriber’s own expense, the main power supply for equipment which are dependent on an external power supply, connected to the telephone line, in accordance with Service Provider’s requirements. If, in Service Provider’s opinion, Subscriber’s existing facilities are inadequate to cope with Subscriber’s telephone traffic or likely to cause congestion in Service Provider’s telephone network, Service Provider shall advise Subscriber and Subscriber shall promptly comply with such advice to upgrade the existing facilities in order to cope with such telephone traffic, at Subscriber’s own expense. The provisioning of special facilities or power supply until such time that the requested required cabling/upgrade is provided, as well as the shouldering of costs corresponding to these facilities should be agreed upon by all parties.

Service Provider may, with prior notice to Subscriber and without charging Subscriber any fees, make alterations to Service Provider’s Service, if Service Provider considers such as necessary and desirable in the interest of public service. Service Provider shall not be liable for any loss or inconvenience to Subscriber resulting therefrom.

UNUSUALLY HIGH USE

Service Provider may notify Subscriber if Service Provider becomes aware of an unusually high use of the Service or any network abuse which results as a threat to Service Provider’s business or may violate Fair Use Policy and law on Data Privacy.

UPGRADE AND DOWNGRADE AND OTHER POLICIES

Subscriber agrees to the following upgrade and downgrade and other policies:

  1. FAIR USE POLICY FOR MOBILE AND DATA SERVICE

The provisions of the Globe “Fair Use Policy for Mobile and Data Service” as appearing on the Globe website (www.globe.com.ph) governs your use of the Service

Subscriber’s use of the Service is subject to the following rules and guidelines contained in this policy. This policy is designed to ensure that Subscriber’s use of the Service does not break any law, hinder the efficient operation of Service Provider’s network, and interfere with the rights of other subscribers and other internet users. Subscriber shall be responsible for ensuring that his/her use of the Service and internet account (if any) complies with this policy. Subscriber shall also be responsible for any use of the Service by any person who gains access to the Service or Subscriber’s internet account (if any) even if such access and use was done with or without Subscriber’s knowledge or consent. Should Subscriber becomes aware of any violations of this policy by other subscribers, Subscriber should contact Service Provider at Service Provider’s Customer Service Hotline (+632 7301000) or 211 via Subscriber’s Globe Mobile, Globe Stores or Subscriber’s account manager .

  1. ILLEGAL OR PROHIBITED ACTIVITIES

Subscriber agrees to use the Service only for the purpose agreed under this Agreement. Subscriber must not use the Service for any Prohibited Activity/ies, whether local or international.

“Prohibited Activity/ies” include (but are not limited to) the use of the Service for:

(i) Any activity constituting cybercrime offenses under applicable law;

(ii) Any of the following activities:

(a) Using the Service to obtain or attempt to obtain unauthorized access to any computer, system or network. Accordingly, if Subscriber does not have authorization, Subscriber must not (nor attempt to):

(i) access, monitor or use any data, systems or networks

(ii) probe, scan or test the vulnerability of a system or network

(iii) breach any security or authentication measures for a system or network

(iv) access the account or private information of any other person or entity

(v) access any server in violation of any acceptable use policy of that server

(b) Using (or attempting to use) or distributing tools designed to compromise security including, but not limited to, password guessing programs, cracking tools, packet sniffers or network probing tools;

(c) Knowingly transmitting or disseminating any information or software which contains a virus or other harmful feature;

(d) Using (or attempting to use) the Service in a manner that may interfere with the technical operation of the Service or any other computer system, network or telecommunications services, including (but not limited to) denial of service attacks, flooding of a network, overloading a Service, improper seizing and abuse of operator privileges and attempts to ‘crash’ a host; or

(e) interfering (or attempting to interfere) with the regular workings of Service Provider’s systems or network connections.

(iii) Accessing, posting, reproducing or disseminating content which may be identified or classified as contrary to law, regulation, industry code of practice, good customs, public morals, or public policy, including, without limitation, content/material containing (a) excessive physical and/or sexual violence, implied or simulated sexual activity, or materials which deal with issues or contain depictions that require an adult perspective, (b) detailed instruction in crime, violence or drug use, child pornography, bestiality, excessive violence or sexual violence, and/or (c) real depictions of actual sexual activity or criminal activities;

(iv) Accessing, posting, producing, reproducing, or disseminating content which violates the copyright or other intellectual property rights of other persons/entities. You assume all risks regarding the determination of whether such infringing material is in the public domain;

(v) Accessing, posting, reproducing or disseminating content that defames, harasses or abuses any person or violates any data protection or privacy law or regulation;

(vi) Any fraudulent activity, multi-level marketing scheme, pyramiding scheme or other illegal soliciting schemes;

(vii) Any other fraudulent activity punishable by law, including impersonating any person or entity or forging anyone else’s digital or manual signature; and/or

(viii) Any activity that constitutes a Bypass or Simple Resale. These are activities where a subscriber resells or uses the Service in violation of existing laws for an illegal purpose or uses the Service as part of ringback, dialback, or similar operation, or avails of ringback, dialback, or similar services utilizing the Services provided to subscribers.

  1. SECURITY
  1. Subscriber shall be responsible for any misuse of the Service, as set out in the preceding clause and shall take reasonable steps/precautions to ensure that unauthorized persons do not gain access to the Service and Subscriber’s Internet account (if any). Subscriber shall be solely responsible for the security of any device he/she chooses to connect to the Service including any data stored on that device. Subscriber shall have full control and responsibility for ensuring the security and confidentiality of any software application, codes, passwords, IDs and the like used with the Service. Subscriber agrees and acknowledges that any and all transmission made either through voice calls, Short Messaging Service (SMS) and data/content originating from his/her account shall be conclusively presumed to be Subscriber’s transmissions and has been authorized by Subscriber.
  1. Further, Subscriber acknowledges that it is his/her sole obligation and responsibility to obtain the consent of all recipients of transmissions made using the Service. For security purposes, Service Provider recommends against enabling file or printer sharing of any sort and further recommends that any file or service made available for remote access be protected with a password or other appropriate measures to prevent unauthorized access. Subscriber must immediately notify Service Provider of any unauthorized or attempted unauthorized use of the Service and any other breach or attempted breach of security.
  1. SOFTWARE APPLICATION
  1. Subscriber acknowledges and agrees that he/she will (a) use the software application provided and installed by Service Provider (”Application”) on Subscriber’s Device in a proper manner and will not re-configure or tamper with the Application as stated in the relevant software license agreement or user’s guide; (b) not allow the installation of the Application to any other Device, personal computer or any other storage device such as a network server unless covered by the relevant software license agreement; (c) not, without Service Provider’s prior written consent, resell or transfer, rent, lease or lend the use of the Application; and (d) not reverse engineer, decompile, or disassemble the Application.
  1. Subscriber agrees to promptly report to Service Provider any problem with or damage to the Application, as well as any circumstances or act of other persons which Subscriber may reasonably believe may cause damage to the Service.
  1. RISKS OF THE INTERNET
  1. Some activities that Subscriber can perform when accessing the Internet may be harmful or may cause loss to Subscriber or to other people that may access the Service, or Subscriber’s Device. Such activities include (but are not limited to): (i) downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to Subscriber’s Device or computer, (ii) purchasing goods or services using the Internet, (iii) transmitting confidential information over the Internet (such as Subscriber’s credit card number or other personal information), or (iv) accessing and viewing content on the Internet or otherwise available through the Service that may be offensive to some individuals, or inappropriate for children (for example, it is possible to obtain access to content that is pornographic, offensive and/or unsuitable for children).
  1. Subscriber bears all risk and liability associated with the activities referred to in the preceding paragraph, and Service Provider does not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such activities. Subscriber may minimize the risk of accessing illegal or offensive content as well as managing use of the Internet by using a filtering solution. Service Provider may provide access to one or more of these filtering solutions at a reasonable cost to Subscriber as part of the Service.
  1. CONTENT PUBLISHING
  1. Subscriber shall be solely responsible for any content that he/she publishes via websites, email, newsgroups, online forums or other publishing mediums accessed via the Service. Accordingly, Subscriber undertakes that he/she will:

(i) not publish (via websites, email, newsgroups or other publishing mediums accessible vie the Service) any content/material when such publication may be classified as a Prohibited Activity; and

(ii) take appropriate precautions to prevent minors from accessing or receiving any content published by Subscriber that may be inappropriate for them. Such precautions include implementing a restricted access system or the use of appropriate warnings and/or labelling systems in respect of content which is likely to be considered unsuitable for children. Service Provider reserves the right to block access to, to remove, or to refuse to post any content, in whole or in part, that Service Provider, in its sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content or its dissemination is unlawful. This includes (but is not limited to) obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or intellectual property rights of others, or is likely to be defamatory of another person.

  1. Service Provider reserves the right to remove certain prohibited or potentially prohibited content from its servers or to prevent users from accessing certain Internet content. Service Provider may take any steps necessary in order to ensure compliance with any relevant industry code of practice, or notification or direction from third parties, including removing any content (including part or all of a website) from its servers, blocking access to newsgroups, closing or suspending Subscriber’s account, filtering the Internet content made available to Subscriber or restricting access to a particular website. Service Provider may take these steps at any time and without notice to Subscriber.
  1. Service Provider reserves the right that allows copyright owners or their agents to direct Service Provider to remove copyrighted materials from Service Provider’s servers or to prevent users from accessing such copyrighted materials. Service Provider may take any steps necessary in order to ensure compliance with a notification from a copyright owner or their agent, including removing any content (including part or all of a website) from its servers, closing or suspending Subscriber’s internet account, filtering the Internet content made available to Subscriber or restricting access to a particular website. Service Provider may take these steps at any time and without notice to Subscriber.
  1. Service Provider is under no obligation to monitor transmissions or published content on the Service. However, Service Provider (or any of its agents) have the right to monitor such transmissions or published content from time to time to ensure that Subscriber is complying with the terms of this policy, and to disclose that content as required. By using the Service to reproduce, publish, display, transmit or distribute content, Subscriber warrants that the content complies with this policy and authorizes Service Provider (or its agents) to reproduce, publish, display, transmit and distribute such content as necessary for Service Provider to deliver the content in a timely manner.
  1. ELECTRONIC MESSAGING AND SPAM
  1. Subscriber must not use the Service to send spam, scam messages, or bulk and/or unsolicited texts or messages. For avoidance of doubt, “spam” means unsolicited texts and broadcasts for the purpose of offering services, selling products or otherwise disseminating information about a promo, event or advocacy sent from any device and/or application, whether or not such messages include accurate sender information or contains an unsubscribed facility. ”Scam messages,” on the other hand, means unsolicited and fraudulent and/or bogus texts or messages with the purpose of getting any form of gain or benefit from the recipient thereof, whether the sender is known to the recipient or not.
  1. Spam and/or scam messages include, but is not limited to, commercial advertising, informational announcements, chain letters and political or religious messages. Subscriber must only send such messages to those individuals who have explicitly requested it. We have responsibilities under the NTC Memorandum Circular No. 03-03-2005, as amended by NTC Memorandum Circular Nos. 03-03-2005A and 04-07-2009 (Rules and Regulations on Broadcast Messaging Service) to take steps which attempt to minimize the amount of spam. To assist Service Provider in minimizing the amount of spam and scam, Service Provider may (i) restrict Subscriber’s ability to send and/or forward spam/scam emails, texts or messages; (ii) limit Subscriber’s access to the Service to a closed user group relevant to Subscriber’s use of the Service; (iii) scan Service Provider’s allocated IP address ranges for misconfigured mail and proxy servers and suspend Subscriber’s Service if Subscriber fails to rectify any problem found within a reasonable period.
  1. Service Provider may also require Subscriber to take actions to comply with, or which assist Service Provider to comply with NTC Memorandum Circular No. 03-03-2005, as amended by NTC Memorandum Circular Nos. 03-03-2005A and 04-07-2009 (Rules and Regulations on Broadcast Messaging Service). The Service must not be used to: (i) send messages to any individual or entity who has indicated the he/she/it does not wish to receive messages from Subscriber, or (ii) collect or redirect responses from unsolicited messages sent from accounts on other Internet hosts or messaging services which violate this policy, or the equivalent policy or any other policy of any other Internet service provider or website.

Moreover, unsolicited messages sent from accounts on other Internet hosts or messaging services may not direct the recipient to any website or other resource that uses Service Provider’s network. Subscriber must not: (i) obscure, alter or delete the source of the messages that he/she sends or forge message headers, (ii) send numerous copies of the same or substantially similar messages, or send very large messages or files, to a recipient with the intent to disrupt a server or account (for example, ‘mail bombing’), (iii) send chain letters, whether or not the recipient wishes to receive such mailings. Service Provider shall not be responsible for forwarding or storing messages sent to any account that has been suspended or cancelled. Such messages may be returned to sender, ignored, deleted, or stored temporarily at Service Provider’s sole discretion.

  1. ONLINE FORUMS

In addition to the previous clauses, messages posted by Subscriber to online forums must comply with the written charters for that forum. Subscriber shall be responsible for determining the policies of a given forum before posting a message to it. Data files may only be posted to online forums that specifically permit this. Posting or cross-posting the same or substantially similar messages to more than eight (8) online forums is prohibited. Subscriber must not disrupt or attempt to disrupt online forums by posting a large number of messages that contain no substantive content. Disruption occurs when normal discussion in the group is significantly hindered. Subscriber must not use the Service to connect to an online forum from which Subscriber has been previously banned.

  1. RESALE OR BUNDLING OF SERVICE

Subscriber agrees not to resell, redistribute the Service or any portion thereof to any party, whether temporary or permanent, for value, or allow any such other party to occupy, use, and/or gain access to the Service without Service Provider’s written consent. Subscriber further agrees that he/she will not use the Service as part of another telecommunication service or as a medium of promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the usage of the services in excess of his/her daily usage of the service, and/or likely to cause congestion in Service Provider’s network.

  1. VIOLATION OF ACCEPTABLE USE POLICY

If Subscriber, or someone with access to the Service, uses the Service in a way that Service Provider reasonably believes violates this policy, Service Provider may take any responsive action it deems appropriate. Such actions may include (but are not limited to) temporary or permanent removal of content and content publishing capabilities, filtering of Internet transmissions and the immediate disconnection, suspension or cancellation of all or any portion of the Service. Service Provider may take any other legal or technical action it deems appropriate to identify offenders or violators of this policy, including taking action against offenders to recover the costs and expenses of identifying them. If Subscriber’s use of the Service causes loss to third parties and Service Provider is required to pay compensation, Service Provider may require Subscriber to reimburse Service Provider.

Service Provider is not obligated to regularly monitor Subscriber’s usage of the Service (including any content posted, disseminated or accessed by Subscriber); however Service Provider reserves the right to monitor Subscriber’s use of the Service to identify violations of this policy and to protect its network, the other users of the Service and other Internet users. Service Provider reserves the right to investigate any use of the Service that it reasonably suspects violates this policy, including the gathering of information from the users involved and the complaining party, if any, and examination of transmissions and material on Service Provider’s servers and network. During an investigation, Service Provider may suspend the internet accounts involved, interrupt transmissions and/or remove material that it reasonably believes potentially violates this policy.

In order to enforce this policy, Subscriber authorizes Service Provider (or its agents) to cooperate with the law enforcement authorities in the investigation of suspected criminal violations and system administrators at other Internet service providers or other network or computing facilities. Such cooperation may include Service Provider providing, for example, the username, IP address or other identifying information about a user. Upon cancellation of Subscriber’s internet account, Service Provider is authorized to delete any files, programs, data, and email messages associated with Subscriber’s account.

  1. PERSONAL INFORMATION

Subscriber agrees and consents to the collection, disclosure, analysis, processing and/or use by Service Provider or third parties on behalf Service Provider and Service Provider’s subsidiaries and affiliates (such as but not limited to Innove Communications, Inc., Adspark, Inc., G-Xchange, Inc. [GCash], Globe Fintech Innovations, Inc. [Mynt], Fuse Lending, Inc. [Fuse], among others)[Globe Group] and Globe partners of Subscriber’s personal data, including personal information , usage or billing data volunteered by Subscriber or gathered from Subscriber’s use (either under control of or processed by Globe Group) for research, marketing, improving products ,services and other purposes.

Subscriber acknowledges and agrees that Service Provider, third parties acting on behalf of Service Provider, Globe Group and Globe partners may send commercial and promotional advertisements, surveys, and other broadcast push messages. Specifically, subscriber agrees and consents that Service Provider, third parties acting on behalf of Service Provider, Globe Group and Globe partners may use subscriber personal information and data to:

(a) manage Subscriber’s account, carry out customer care activities and support staff training (including but not limited to monitoring of calls made to Service Provider’s hotlines, or of e-mails or text or electronic messages sent by subscribers to Service Provider), and to perform after-sales transactions (such as but not limited to promo upgrades or revisions);

(b) monitor the quality and security of the Service Provider’s network and test and maintain Service Proviser’s IT systems;

(c) analyze Subscribers’ frequency of use of the Service for marketing purposes including but not limited to the calls and messages that Subscriber sends and receives;

(d) send to emergency services (if Subscriber makes an emergency call), including Subscribers’ approximate locations;

(e) contact Subscribers with marketing messages such as cross-sell or upsell of current and new products/services, commercial and promotional advertisements, loyalty and rewards programs, and other broadcast push messages;

(f) perform credit scoring and sharing with Globe group and Globe partners; and

(g) provide government requirements and for the social good.

By using the Service, Subscriber agrees and consents to the disclosure and the processing/analyzing, either by Service Provider or by third parties on behalf of Service Provider, Globe Group or Globe partners, of his/her personal data, including location profiling and interest profiling based on sites visited, for marketing and other purposes. For this purpose, Subscriber acknowledges and agrees that Service Provider or by third parties on behalf of Service Provider, Globe Group or Globe partners may send Subscriber commercial and promotional advertisements, market research surveys, and other broadcast push messages with regard to Value Added Services (VAS) and content;

Service Provider does not include Subscriber details in any directory or directory-inquiry service. If Subscriber wants to have Subscriber information included in these services, Subscriber should contact Service Provider.

Service Provider and/or Globe Group and Globe partners may contact Subscriber via any of the following channels: text, call out, email, USSD, and other digital assets, such as online or mobile apps. Subscriber may amend, update, revise or delete certain parts of the personal data provided to or collected by Service Provider and/or Globe Group and Globe partners at any time via apps, e-mails, hotline (211 through mobile device or [02] 7301000] through landline or visits to Globe stores;

Subscriber may also take with him/her all of his/her personal data provided to Service Provider when she/he leaves the Service Provider network (this may be provided via a PDF file upon request);

If Subscriber does not want that personal information and data to be disclosed ,the processing of the same or to receive marketing messages and other messages from Service Provider or from other organizations, Subscriber must immediately contact Service Provider through its hotline.

During roaming, Service Provider and its roaming partner in the storage, treatment and transfer of Subscriber’s personal data may be subject to regulation different from the regulation in the Philippines

Subscriber’s use of Service is subject to Globe (including subsidiaries and affiliates) Data Privacy Policy as found on https://globe.com.ph/privacy-policy