1. THE AGREEMENT
This agreement shall take effect upon its signing by the Subscriber. This agreement and any conditions thereon defines the rights and obligations of the Subscriber.
Globe Telecom shall provide access to the global internet via GLOBENET in accordance with the terms and conditions stated herein.
3. INSTALLATION / ACTIVATION
(a) The Subscriber shall provide his own personal computer (PC) with at least a 486 CPU and graphics based interface (Windows 3.11 or 95, or Macintosh OS v.7), diskettes, a modem, and a seven-digit telephone line. Globe Telecom will provide the TCP/IP based communications software and log-on access to GLOBENET's internet server.
(b) Subscribers must pay the full amount of the membership fee and the monthly charge for the first month upon signing the Agreement.
(c) Payment of the one-time membership fee entitles the Subscriber to a copy of the start-up software, a Quick Installation Guide and access to a 24-hour Helpdesk.
(a) For this service, the monthly service fee and usage charge per excess hour for the plan selected by the Subscriber shall apply. All charges made for usage beyond the free number of hours provided by the specific plan shall be based on the number of minutes of actual usage or any fraction thereof.
(b) In addition to the membership fee, monthly billing, and extra usage charges, the Subscriber shall be charged the applicable fees for availment of value-added services such as extra user ID, on-site technical support, training session, installation service and additional disk space.
(c) Globe Telecom will assign the Subscriber a credit limit, which shall cover usage beyond the free number of hours provided by the specific plan subscribed to. Globe Telecom reserves the right to suspend or temporarily disconnect service without prior notice as soon as the Subscriber exceeds his credit limit, or Globe detects abnormal use, or when warranted by other circumstances without any liability on the part of Globe Telecom.
5. BILLING AND PAYMENT
(a) Globe Telecom will charge the Subscriber for connection to internet and for services in accordance with the pricing plan of the package chosen by the Subscriber in the service application.
(b) Globe Telecom will send the Subscriber bills for internet services to the Subscriber's billing address at regular intervals. Globe Telecom, at its option, shall render interim or advance billing whenever usage charges exceed the Subscriber's credit limit.
(c) Payment shall be due and made payable to Globe Telecom on or before the due date specified in the billing invoice without any need of any further notice of demand, time being of the essence. The Subscriber can make his payments at any of Globe Telecom's Business Centers or such outlets or through such agents as shall be authorized by Globe Telecom. Globe shall not be bound to honor payments made to persons or entities or at places not authorized by Globe Telecom. Subscriber acknowledges that he has received, together with this Agreement, a list of Business Centers and agencies authorized to accept payment. Globe Telecom shall update this list from time to time.
(d) Penalty interest in the amount of two percent (2%) per month shall be imposed on all overdue payments, without prejudice to Globe Telecom's right to immediately suspend or disconnect the Service upon failure to make payment on the due dates stated in Globe Telecom's bill or statement of account, or take any other legal action which it may deem necessary to protect its interest.
(e) All payments shall be applied first to all overdue penalty interest then billings in arrears, and the balance, if any, to be applied to the current obligation.
(f) Questioned Billings
i. All complaints or questions on billings shall be addressed to Globe Telecom's authorized representative indicated in the bill or statement of account. Such complaints shall be filed within ten (10) days from receipt of the billings;
otherwise, the billings shall be deemed accepted, final and conclusive against the Subscriber.
ii. Globe Telecom shall endeavor to settle all questioned billings with the Subscriber at the soonest time possible. The foregoing notwithstanding, however, Globe Telecom reserves the right to automatically disconnect the Service if any bills remain unpaid after the due date, whether such bills have been questioned or not. Globe Telecom shall not be liable to the Subscriber in any way for the disconnection, and Globe Telecom's only obligation shall be to reconnect the Service without penalty or fee in the event the Subscriber complaint proves to be valid.
(g) The Subscriber must inform Globe Telecom in advance and in writing of any change in the Subscriber's billing address. Globe Telecom shall not be responsible for the consequences of the Subscriber's inability to receive and pay his bill which results because of the Subscriber's failure to timely notify Globe of any change in address.
6. SUBSCRIBER'S DUTIES AND RESPONSIBILITIES
(a) The Subscriber shall be responsible for the security and confidentiality of his User ID and log-on password. The Subscriber's responsibility/liability extends to usage of the Service on his PC or other PCs through their access to the Subscriber's User ID and knowledge of the Subscriber's log-on password. The Subscriber agrees that all access to the GLOBENET server by the Subscriber's User ID are presumed made by/or authorized by the Subscriber conclusively. The Subscriber's refusal to pay the bills arising from these usage shall be sufficient ground for Globe Telecom to discontinue the service without prejudice to the filing of legal case and imposition of interest and other penalty charges to the Subscriber.
(b) The repair and maintenance of the PC unit, modem, telephone unit and line shall be the sole responsibility of the Subscriber.
(c) The Subscriber shall hold Globe Telecom free and harmless from any liability for damages whatsoever (such as, but not limited to, damage to the hardware or software, system bugs, loss of profits, etc.) arising out of or resulting from the use of the Services.
(d) The Subscriber agrees to abide by all applicable laws (whether Philippine or any other relevant judicial laws) relating to the use of the Services and other Third Party Content. The Subscriber must abide by generally accepted rules of conduct relating to the use of Internet resources. The Subscriber shall not transmit through the Internet obscene, defamatory, or inflamatory materials, nor use the Internet or the access herein given to commit acts in violation of Philippine laws. The definition and interpretation of what constitutes such acts will remain the sole right of Globe Telecom. Persistent violation will be deemed adequate ground for the termination of subscription.
(e) The Subscriber must, at all times, comply with Globe Telecom's requirements regarding the proper access equipment, as well as the mode of access to and/or use of the Services. Globe Telecom reserves the right to disconnect or deactivate the equipment or software of any Subscriber at any time without any prior notice in situations where the subject equipment or software is directly interfering Globe Telecom's capability to provide its Service.
(a) Globe Telecom reserves the right to temporarily disconnect the Service without prior notice in case of non-payment of any bill on the due date. No prior notice shall be required in the following instances: (i) exceeding credit limit; (ii) abuse or fraud; (iii) installation of equipment or software harmful to or interfering with Globe Telecom's Service; (iv) if the Subscriber shall be adjudged bankrupt, insolvent, or be subject to a petition for suspension of payments or receivership, or if he makes any composition or arrangements with or assignment for the benefit of his creditors; (v) Subscriber resells or uses the Service in violation of existing law or for an illegal purpose; (vi) violation of any of Globe Telecom's policies or procedures; (vii) overdue and unpaid bills.
(b) The disconnection of the service shall become permanent upon failure of the Subscriber to correct the ground for discontinuance of Service within ten (10) days from temporary disconnection. In case of restoration of Service, the Subscriber shall be liable for all applicable fees and charges.
(c) In case the Service is discontinued or terminated for any reason, all unpaid bills, applicable fees, deferred or installment charges, and penalty charges shall immediately become due and demandable without prejudice to the payment of the applicable termination fee and any remedial action to be taken by Globe Telecom. The Subscriber hereby absolves Globe Telecom from all liabilities arising from any disconnection herein contemplated.
(a) Venue of Suits and Litigation Expenses
In the event of suit arising from or connected with this Agreement, the appropriate courts in Makati City shall have jurisdiction over the case to the exclusion of all other courts. In case of suit, the Subscriber shall, in addition to the amount due and collectible, pay twenty five percent (25%) of such amount as damages and twenty five percent (25%) of such by was of attorney's fees and costs of suit.
All taxes such as Value-Added Tax presently imposed by the Government on the Service, usage charges and other fees as well as those taxes which the Government may impose hereon and in the future shall be for the account of the Subscriber. (c) Disclaimer
Globe Telecom does not make any guarantees with regard to bandwidth and response time on the Internet. However, Globe Telecom shall enforce all necessary policies and/or measures to ensure the highest level of response time on its circuit.
9. AMENDMENT TO THESE TERMS AND CONDITIONS
Globe Telecom may change these terms and conditions from time to time and will advise the Subscriber of any changes by sending him a notice setting out the changes. Globe Telecom will give the Subscriber at least one (1) month's notice of any change.
I hereby acknowledge that I have read and understood all the terms and conditions herein stated and that I voluntarily sign this Agreement with full knowledge and consent of everything this Agreement contains, Implies and entails.