9
DATE: Dear Sir / Madam: Good day! In this day and age, internet connectivity has become a vital tool for business communications. This has led to the development of countless companies. In most cases, business owners should consider not just speed as the only factor to determine which internet subscription to avail. Nowadays, the right smart devices, and business-enabling tools such as hardware, and cloud applications have to be considered. This is the reason why PLDT myDSL Biz now comes with the latest smart devices, online package and gadgets which will surely give your business that edge over competition. As a further enhancement, all PLDT myDSL Biz packages also include a free static IP. Today, PLDT myDSL Biz provides improved business-grade internet connection speeds of up to 15 mbps! Choose from the options below which package that will best suite your business needs. Kindly put a check mark on your desired PLDT myDSL Biz Plan, choice of freebie and add-ons. PLAN MONTHLY SERVICE FEE Installation Fee (one time charge) SPEED (UP TO) CIR FREE BUNDLES Pro PhP 4,000 Php 2,500 6 MBPS 624kbps SBW (Sun Broadband Wireless) – 35 Hrs. Booster PhP 6,000 Php 2,500 9 MBPS 712kbps SBW (Sun Broadband Wireless) – 35 Hrs. Office Equipment (Choose one) 1TB Hard Drive UPS Samsung 3-in-1 WiFi Printer Elite PhP 8,000 Php 2,500 12 MBPS 1mbps SBW (Sun Broadband Wireless) – 110 Hrs. Online Package (Choose one) Cloud Web Presence Office 365 Office Equipment (Choose one) 1TB Hard Drive UPS Samsung 3-in-1 WiFi Printer Max PhP 12,000 Php 2,500 15 MBPS 1.5Mbps SBW (Sun Broadband Wireless) – 110 Hrs. Online Package (Choose one) Cloud Web Presence Office 365 Office Equipment (Choose one) 1TB Hard Drive UPS Samsung 3-in-1 WiFi Printer Gadget Choice Option (Choose one) Samsung Galaxy Tab 4 Naked fee of Php 200.00 / month *All rates VAT Exclusive *24-month contract *All Plans includes the Bizbox Wifi Modem *All Plans includes One Static IP

2015 PLDT MyDSL Biz Sales Proposal

Embed Size (px)

DESCRIPTION

2015 PLDT MyDSL Biz Sales Proposal

Citation preview

Page 1: 2015 PLDT MyDSL Biz Sales Proposal

DATE: Dear Sir / Madam: Good day! In this day and age, internet connectivity has become a vital tool for business communications. This has led to the development of countless companies. In most cases, business owners should consider not just speed as the only factor to determine which internet subscription to avail. Nowadays, the right smart devices, and business-enabling tools such as hardware, and cloud applications have to be considered. This is the reason why PLDT myDSL Biz now comes with the latest smart devices, online package and gadgets which will surely give your business that edge over competition. As a further enhancement, all PLDT myDSL Biz packages also include a free static IP. Today, PLDT myDSL Biz provides improved business-grade internet connection speeds of up to 15 mbps! Choose from the options below which package that will best suite your business needs. Kindly put a check mark on your desired PLDT myDSL Biz Plan, choice of freebie and add-ons.

PLAN MONTHLY SERVICE FEE

Installation Fee (one time

charge)

SPEED (UP TO)

CIR FREE BUNDLES

Pro PhP 4,000 Php 2,500 6 MBPS 624kbps SBW (Sun Broadband Wireless) – 35 Hrs.

Booster PhP 6,000 Php 2,500 9 MBPS 712kbps SBW (Sun Broadband Wireless) – 35 Hrs. Office Equipment (Choose one)

1TB Hard Drive UPS

Samsung 3-in-1 WiFi Printer

Elite PhP 8,000 Php 2,500 12 MBPS 1mbps SBW (Sun Broadband Wireless) – 110 Hrs. Online Package (Choose one) Cloud Web Presence Office 365

Office Equipment (Choose one) 1TB Hard Drive UPS Samsung 3-in-1 WiFi Printer

Max PhP 12,000 Php 2,500 15 MBPS 1.5Mbps SBW (Sun Broadband Wireless) – 110 Hrs. Online Package (Choose one) Cloud Web Presence Office 365

Office Equipment (Choose one) 1TB Hard Drive UPS Samsung 3-in-1 WiFi Printer

Gadget Choice Option (Choose one) Samsung Galaxy Tab 4

Naked fee of Php 200.00 / month *All rates VAT Exclusive

*24-month contract *All Plans includes the Bizbox Wifi Modem *All Plans includes One Static IP

Page 2: 2015 PLDT MyDSL Biz Sales Proposal

Upgrade Options:

Add-on Monthly Top-Up Fee

Amortization Qty Total Additional Monthly Fee

Hardware

1. Smart TV 32” Php 2,000 12 Months

2. Samsung Tablet 7” with keyboard

Php 1,200 12 Months

3. Samsung Tablet 10” with keyboard

Php 1,500 12 Months

4. Samsung 3-in-1 Wifi Printer Php 350 12 Months

5. Hard Drive Php 350 12 Months

6. UPS Php 250 12 Months

7. Telpad Php 500 24 Months

CLOUD

Cloud Web Presence Php 500 Coterminous Subscription

CONNECTIVITY

Static IP /29 Php 2,250 Coterminous with subscription

Would you have other queries, please do not hesitate to contact the undersigned. Thank you for this opportunity to be of service to you. Very truly yours, PLDT SME SALES

Page 3: 2015 PLDT MyDSL Biz Sales Proposal

MyDSL Biz Terms and Conditions 1. Definition of service For purposes of this Agreement, the term “Service” shall mean the PLDT myDSL Biz Internet access, including all the Value Added Services that

you have selected. For purposes of this agreement, “Equipment” shall mean the DSL modem and “Hardware Add-on” shall mean the Samsung Smart TV 32”, Samsung Ativ Book 9 Lite, Samsung Tab 4 7” w/ Keyboard, Samsung 3-in-1 WiFi Printer, UPS, Hard Drive and PLDT Telpad. The myDSL Biz Bundle includes a SUN Broadband Plan. The use of the SUN Broadband component of myDSL Biz bundle shall be governed by Digitel Mobile Philippines, Inc. (DMPI) terms and conditions. 2. User’s Responsibilities 2.1 You acknowledge that you have the legal authority to enter into this agreement and affirm that the information you supply to us is correct and complete. You understand that PLDT relies on the information you supply and that providing false or incorrect information may result in Service provisioning delays or suspension or termination of your Service. You agree to promptly notify PLDT whenever your billing information changes. 2.2 That in order to avail of the service, you shall subscribe to a PLDT myDSL Biz connection for a minimum contract term indicated in this proposal. In case of pre-termination, you shall allow PLDT to retrieve all PLDT- owned Equipment and other appurtenances and accessories installed within your premises and further agree to pay the necessary pre-termination charges. 2.3 You undertake not to resell, assign, transfer, sublease, change or otherwise part with PLDT’s Equipment. You further undertake not to resell or make any commercial use of the Service without prior written consent of PLDT. If such violation is found, PLDT shall have the right to immediately disconnect/ terminate the Service without obligation of serving a prior written notice. 2.4 PLDT reserves the right to audit connections through ocular or electronic audit inspections to enforce any and all provisions of these Terms and Conditions. 2.5 Reselling/Illegal/Prohibited Use – The Subscriber’s right to use the pertinent PLDT services is personal to the Subscriber. The Subscriber agrees not to resell or to make any commercial use of the Service, without the prior express written consent of PLDT. The PLDT service/s shall not be utilized in bypassing or in activity/ies that tend to bypass the Public Subscriber Telephone Network (PSTN) of PLDT or be used in prohibited services like callback, dialback, unauthorized audiotext, International and National Simple Resale (ISR/NSR) and other similar services (the “Unauthorized Activities”). PLDT is entitled to a bypass compensation fee on account of any of the above Unauthorized Activities. The bypass compensation is payable, without any limitation, from the time the Unauthorized Activity occurred or was discovered by PLDT, whichever is earlier, until the actual cessation thereof. For this purpose, PLDT shall have the right to full access to the relevant books and all other records of the subscriber in order to ascertain the volume of traffic and total amount of bypass compensation payable. In absence of said record, PLDT shall have the sole discretion in the determination of the bypass compensation. In addition to the Unauthorized Activities referred to above, the Subscriber undertakes not to use the PLDT service for any activity that is contrary to moral and public policy or which violates any ordinance, law, decree, order, regulation or treaty (the “Illegal Activities”). The Subscriber agrees to indemnify and hold PLDT free and harmless from any liability, suit or damage arising from or connected with the Subscriber’s Unauthorized and/or Illegal Activities. The Subscriber further authorizes PLDT to supply any and all information requested by any law enforcement or government agency/ies or other private entities, the latter within the limits provided for by law, relative to the Subscriber’s subscription to the pertinent PLDT service. In which case, the Subscriber hereby irrevocably and unconditionally waives any and all its relevant remedies under the law, including but not limited to the right to claim damages. 3. Availability of Service 3.1 The Service you select may not be available in all areas, and some telephone lines may not qualify for the Service even if initial testing showed that your telephone line was qualified. 3.2 PLDT may, at any time, without notice or liability for damages in any case, restrict the use of the Service or limit its time of availability in order to perform Service or Equipment maintenance activities. PLDT shall however, immediately inform the Subscriber, whenever feasible, of any operational problems or outages, and shall forthwith restore the Service upon such occurrence. 4. Term and Termination 4.1 You understand that the subscription term begins on the date of your acceptance and turn-over of the access codes for your use and ends after the completion of the number of payment periods agreed in this order form. You shall pay the amount indicated in the application form (VAT-EX) for the PLDT myDSL Biz service on top of the myDSL Biz monthly service fees. 4.2 You shall pay PLDT all the required charges set forth in these Terms and Conditions or any revisions thereof that the National Telecommunications Commission (NTC) may impose or approve pursuant to existing laws, rules and regulations. 4.3 All charges referred to above shall take effect one (1) day after the PLDT myDSL Biz had been activated and turned over to you for your official use. Upon activation of the PLDT myDSL Biz, PLDT will issue the proper invoice, which you shall pay in accordance with the terms hereof. 4.4 In the event that you fail to pay the charges referred to in the preceding paragraph within thirty (30) days from receipt of the PLDT billing statement, PLDT shall issue a Notice of Disconnection at the end of the month following the unpaid billing period (the "Notice of Disconnection"). The Notice of Disconnection shall require you to pay the outstanding charges within ten (10) days from receipt of the said Notice of Disconnection. If notwithstanding said Notice of Disconnection, you still fail to make the necessary payment in full, the Service shall be temporarily disconnected (the "Temporary Disconnection"). You should settle the outstanding charges within thirty (30) days from date of Temporary Disconnection, otherwise, the Service shall be permanently disconnected. 4.5 If you fail to pay the monthly charges within the required period and there is no deposit that can be the subject of off-setting, you shall pay late payment charges equivalent to one percent (1%) of the unpaid amount per month or a fraction of a month, reckoned from the day following the due date of payment, until fully paid.

Page 4: 2015 PLDT MyDSL Biz Sales Proposal

4.6 Reconnection of permanently disconnected PLDT myDSL Biz Service shall require full payment of the outstanding balance and the corresponding late payment charges, plus a reconnection fee of P 500 if the Service had already been suspended for 3 months or the amount of P 2,500 if the Service had already been suspended for more than 3 months but not more than 6 months. All applicable one-time charges shall be applied in case of reconnection of permanently disconnected lines. 4.7 It is understood that in addition to the monthly recurring charges, you shall pay the applicable Value Added Tax (“VAT”), or other applicable present or future taxes that may be levied or imposed by any governmental authority or its instrumentalities or required to be paid under these Terms and Conditions. 4.8 In case of contested bills, the amount due shall be fully settled with corresponding adjustments, if any, to be effected on the succeeding bill. Requests for bill adjustments, for whatever reason, shall be made in writing within a period of thirty (30) days from receipt by of the billing statements from PLDT, otherwise, requests made after the said period shall no longer be considered or entertained by PLDT. 4.9 In the event that you pre-terminate or downgrade the Service before the contracted term, you agree to pay PLDT Service termination fee based on the following formula:

Pre-termination fee = Remaining Contract Term x Monthly Service Fee + Remaining Cost of Add On (if any) 4.10 In the event that you wish to disconnect the service (within or outside the contract term, disconnection requests must be made in writing, and processing of such will be within a period of thirty (30) days from the receipt of the letter. 4.11 The free hardware bundle you will receive are part of the vendor’s warranty coverage. PLDT will not be liable for any damage or defect of such devices. 4.12 If you are an existing myDSL Biz subscriber outside of lock-in and you decided to get the new myDSL Biz packages you can enjoy these new offerings. If within lock-in period, current pre term fee shall apply. 4.13 If you upgrade your existing plans to higher MRC packages you can also avail of these new bundles (within or outside of lock-in) 5. Cancellation of order 5.1 After installation works have been started but prior to acceptance of the service, the customer shall pay 50% of the total contract value for the CPE (routers, multiplexers, radio equipment, special equipment and others) and 20% of the total contract value for the network service to compensate PLDT for the cost it incurred in the installation works. 5.2 If the circuit is not accepted by the customer after it has passed the contractor installation stage, the customer shall pay the cancellation charges as follows: - Standard installation charges or actual installation expenses incurred (whichever is higher) - Actual de-installation charges incurred - One-month charges/rental 6. Management of your data and computer 6.1 You shall be responsible in protecting your telecommunications system against unauthorized external attacks/hacks. Any and all damage, loss and prejudice suffered by you by reason of such attacks/hacks shall be for your sole account. Thus, in the event of such occurrence, it is your responsibility to investigate the incident with the assistance of PLDT, its affiliates and/or subsidiaries, if so requested. 6.2 You agree that the Internet is not owned, managed or managed by, or in any way affiliated with PLDT and PLDT has no control over the information or materials accessed via Internet through the use of the Service. 6.3 PLDT does not warrant that the Service provided will be uninterrupted, error free, secure, or free from viruses, worms or the like. PLDT shall not be liable for loss of your data. PLDT makes no warranty, express or implied, regarding the reliability and completion of any and all transactions executed using the Service or the Internet. In no event shall PLDT be liable for (a) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, negligence, tort or strict liability, even if PLDT has been advised of the possibility of such claim or damages, or (b) any claims against you by any other party. 7. Indemnification You agree to defend, indemnify and hold PLDT, its directors, officers and employees, free and harmless from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or these Terms and Conditions by you (or any party using your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any party using your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any party using your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Terms and Conditions, except to the extent that such liabilities arise from the act, negligence or willful misconduct of PLDT; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, any software, or the Internet. 8. Force Majeure 8.1 Neither party shall be responsible for any delay or failure in the performance of any of its obligations under this Agreement to the extent that such delay or failure is caused by Force Majeure. “Force Majeure” shall mean any event or circumstance beyond the reasonable control of the party which renders the performance of said party’s obligations illegal or impracticable, including but not limited to, acts of God, acts of any governmental body or public enemy, war, civil commotion, strikes, riots, embargoes, or other concerted acts of workers, fire, explosion, sabotage, or any other causes, circumstances, or contingencies, whether of a similar or dissimilar nature to the foregoing, without fault or negligence and beyond such party’s control, which prevent or hinder the performance by either party of any of its obligations hereunder.

Page 5: 2015 PLDT MyDSL Biz Sales Proposal

8.2 Promptly upon the occurrence of any event of Force Majeure event, the affected party shall notify the other party specifying in such notice the nature of the event; the effect of the event on the party’s performance and the estimated duration thereof. Upon receipt of such notice, the affected party may cancel or delay the performance of its obligations hereunder for so long as such performance is delayed by such Force Majeure event and in such cases, the affected party shall have no liability to the other party or to its customers. Upon cessation of the Force Majeure event, notice of such cessation should be given by the party in delay to the other, and performance of the obligation should ensue, if cancellation has not yet been effected. 8.3 If the Force Majeure continues unabated for a period of thirty (30) days, either party shall have the right to terminate the Service or these Terms and Conditions, and the rights and obligations of the parties shall be resolved either by mutual agreement or by applicable law. 8.4 Any Force Majeure event shall not however be an excuse for your failure to make payments for amounts already due at the time of the occurrence of such Force Majeure event. 9. Amendments 9.1 These Terms and Conditions shall, at all times, be subject to such amendments and/or modifications as may from time to time be agreed upon by the parties or as the NTC or any duly authorized government regulatory body may direct in the exercise of its jurisdiction. 10. Settlement of Disputes 10.1 In case of any dispute that may arise in connection with this Agreement, the parties shall promptly meet and exert their best efforts towards an amicable settlement of the dispute in good faith. In the event such dispute is not resolved amicably within a period of thirty (30) days from the date of its occurrence, the same may be resolved through legal action/s. 10.2 In the event of suit, venue shall be in Makati City, Metro Manila, to the exclusion of any other venue. In the event that either party is compelled to seek judicial relief against the other party in order to enforce any or all of its rights under this Agreement, the erring party, as determined by the proper court, shall, in addition to any other damages that may be awarded by the court, hereby agrees to pay an amount equivalent to twenty-five percent (25%) of the amount claimed by the aggrieved party but shall in no case be less than Fifty Thousand Pesos (P50,000.00), as and by way of Attorney’s fees, apart from the costs of litigation and other expenses which the law allows the aggrieved party to recover from the erring party. 11. Confidentiality All business and technical information, data, and related documentation, in whatever form provided, recorded or unrecorded (hereinafter collectively referred to as “Information”), which the parties may furnish or have furnished each other in connection with this agreement shall: 11.1 Be used solely for the purpose for which it was furnished; 11.2 Be treated in strictest confidence and protected; 11.3 Not be reproduced, except as necessary for its authorized use; and 11.4 If in tangible form, shall be returned together with all copies thereof, including promotional materials, when demanded by either party or if no longer needed. The foregoing obligations of confidentiality and restricted use shall survive the termination of these Terms and Conditions. 12. Discontinuance of Service PLDT has the option to discontinue the service for non-payment of overdue accounts including accounts involving other existing PLDT services which, based on PLDT’s records, are maintained or owned by or kept under the same customer’s name. Aside from the outstanding charges of the customer due to PLDT, applicable pre-termination charges shall be imposed. The basis for disconnection of service will be the date of receipt of the PLDT billing statement or the date the electronic bill was sent. The PLDT Product or Service is intended for the customer’s own internal operations and not intended for national/international resale of voice and/or data. These circuits will not be used for any Voice Callback, or any form of PSTN by-pass operation similar to that of an ISR (the “Unauthorized Use/s”). PLDT RESERVES THE RIGHT TO TERMINATE/CANCEL THE SERVICE ANY TIME SHOULD WE FIND THAT THE SERVICE OR ANY OF THE LINES ARE UTILIZED OTHER THAN FOR THE SPECIFIED PURPOSE. PLDT ALSO RESERVES THE RIGHT TO COLLECT MONETARY COMPENSATION DUE TO REVENUE LOSS OCCASSIONED BY SUCH UNAUTHORIZED OPERATIONS. In addition to having the Service temporarily / permanently disconnected and/or the telephone lines (if applicable) barred from toll placement, there shall be a 2% penalty per month for accounts with 90 days past due. 12. Acceptable Use Policy for PLDT Data Services The use of the Service for any activity that is contrary to laws, morals, customs or public policy or which violates any ordinance, decree, order or regulation, or affects, interferes with or disrupts the use of the Service by other parties or the manner by which PLDT provides the Service or any other services shall be deemed inappropriate use and shall be considered as a violation of the acceptable use of the Service under these Terms and Conditions (the “Acceptable Use Policy”). 13. Governing Law This Agreement shall be construed and governed by the laws of the Republic of the Philippines.

Sun Broadband - Postpaid Terms & Conditions The following terms and conditions shall govern the supply of the Sun Broadband postpaid service by Digitel Mobile Philippines, Inc. (DMPI) and shall take effect from the date of activation of the subscription.

Page 6: 2015 PLDT MyDSL Biz Sales Proposal

1. Scope of Services Sun Broadband is a broadband wireless internet service. The availability and use of the service shall be subject to the approved subscription plan as well as the terms & conditions herein provided, and any amendments thereto.

2. Subscription Activation and Service Provisioning a. DMPI shall cause the activation of the Sun Broadband subscription/account upon approval of the application for subscription

and payment by the Subscriber of the applicable charges. The charges may include but are not limited to registration fees, one month advance Monthly Service Fee, and other charges as DMPI may deem applicable and/or as approved by the National Telecommunications Commission (NTC).

b. DMPI shall provide the Subscriber with the Sun Broadband product, which contains among others, a Customer Premises Equipment (“CPE”) or Modem/Pocket WiFi/Router/WiFi Stick and broadband Subscriber Identity Module (SIM) Card. The Sun Broadband product is non-refundable, non-exchangeable for cash or any product, nor shall the value thereof be used to off-set or credit any liability of Subscriber. Should the product provided by DMPI be inherently defective, it may be replaced within seven (7) days from first use.

c. The CPE or Modem/Pocket WiFi/Router/WiFi Stick provided by DMPI to Subscriber is locked to the Sun Cellular Network and may be used only with a Sun Broadband SIM card. The use of any unauthorized equipment to access the Sun Broadband Service is strictly prohibited, and shall be sufficient cause for the immediate disconnection of the Service without need of prior notice and liability to DMPI.

d. The Subscriber understands that the service can be accessed only in areas where Sun Broadband Service signal is present. The Subscriber shall hold DMPI free and harmless from any liability arising from the non-availability of the Service or inability to access the service.

3. Use of Service a. The Subscriber shall be responsible for all the charges arising from the subscription to and use of the Service. No claims for

rebates or refunds due to use by unauthorized persons shall be allowed nor entertained by DMPI. b. All rights, privileges and obligations arising from the Sun Broadband subscription including the SBW Kit are extended

specifically to the Subscriber and shall not be assigned or transferred to any individual or entity without the prior written consent from DMPI. Any transaction involving this Agreement or any broadband product provided for by DMPI made without the prior written consent of DMPI shall be null and void regardless of receipt by DMPI of any payment for the subscription. Such unauthorized transaction shall likewise cause the permanent disconnection of the Services without prejudice to other legal remedy available to DMPI.

c. The Service shall not be used for any improper, fraudulent, illicit or mischievous purpose or for any type of activity/service that is not expressly authorized in writing by DMPI, is in violation of DMPI policies or procedures, or is prohibited under Philippine law.

d. Unauthorized activity/service shall include but is not limited to, International Simple Resale (ISR), Call Back and any other analogous services, or any alternative calling procedure which bypasses the DMPI network and/or prevents DMPI from imposing and/or collecting the applicable legal charges. The Service shall likewise not be used to violate any system, network or account security, including but not limited to: (i) circumvention of user authentication or security of any host, network, or account, including but not limited to, accessing data or logging into a server or account which the Subscriber is not authorized to access or log into, or probing the security of other systems or networks and that of DMPI; or (ii) interfering with the service of any user, host, or network, including but not limited to, attempts to “flood” a network, overload a service or “crash” a host.

e. Should DMPI find that the Service is being used in any of the foregoing activity/service, DMPI may, without need of prior notice and liability to DMPI, terminate and permanently disconnect the Service. The Subscriber agrees to indemnify and hold DMPI free and harmless from any cause of action, liability, damages or claim arising from Subscriber’s actions and/or omissions and/or from DMPI’s disconnection of the Service.

f. All services and/or transactions made from or terminating to as well as any equipment installed and/or connected to the Subscriber’s line shall be presumed to have been made by the Subscriber himself or done with his knowledge and consent. The Subscriber shall therefore be liable for all charges, fees, taxes and penalties arising from or as a consequence of the foregoing.

g. The Subscriber agrees to observe and abide by all the rules and regulations pertaining to matters related to the use of the Service whether pronounced by government or by DMPI in the interest of the Service.

4. Fair Use Policy DMPI will implement a Fair Use Policy to help ensure the quality of service to all subscribers. DMPI believes that each subscriber should be responsible and reasonable in their use of the Service and how it affects other users. By accepting the Terms & Conditions, the Subscriber is bound to this Fair Use Policy.

The Sun Broadband service shall not be used under any of the following circumstances included but not limited to:

a. peer-to-peer file sharing; b. machine-to-machine applications c. in any manner which adversely affects DMPI’s ability to provide, complete or maintain the level or quality of its network

or other services; and d. in any manner which is designed to unfairly exploit the usage or to cause loss or damage to DMPI such as using the

Service for commercial purposes or reselling the Service.

Page 7: 2015 PLDT MyDSL Biz Sales Proposal

DMPI has the sole discretion to limit the Subscriber’s data throughout or amount of data transferred, or suspend/terminate the Service without prior notice, upon the occurrence of any of the circumstances mentioned above. If in the reasonable opinion of DMPI, the Subscriber’s use of the Service is excessive, DMPI may ask the Subscriber to moderate usage. If the Subscriber fails to do so, DMPI reserves the right to charge the Subscriber for the excessive usage at a rate specified by DMPI, or suspend or terminate the Service at its sole discretion. DMPI reserves the right to change the terms and conditions of this Fair Use Policy.

5. Service Fees and Charges Upon activation of Subscriber’s account up to its termination, as provided for below, Subscriber shall be liable for the following: (i) a Monthly Service Fee (MSF) based on the subscription plan, the first payment of which is to be made upon approval of the application, (ii) usage charges, and (iii) any applicable fees, charges and taxes. Rates may be changed without prior notice subject only to the approval by the National Telecommunications Commission (NTC). A change in rates is applicable on and from its effective date notwithstanding the fact that the Subscriber may have been billed and/or has paid in advance under the previous rate. In case the Service is billed using rates based on per-minute, per-hour, per-day or per-month usage a fraction thereof shall be considered as one whole. Any Subscriber-initiated modification of the account e.g. subscription plan downgrade, transfer of ownership, etc. shall be subject to approval by DMPI which reserves the right to charge a nominal fee for processing such changes. Lite plans—Postpaid plans that are metered and reloadable—will require the subscriber to load Prepaid loads for usage beyond the given allowance payable through scratch cards, Give-a-Load, Conversion, or Xpress Load.

6. Billing and Payment Terms a. The Subscriber agrees to pay all charges specified in the monthly Billing Statement on or before the due date specified

therein. Failure or refusal of the Subscriber to pay any outstanding charges before the due date shall entitle DMPI to charge applicable interest and/or penalties, as well as to exercise its right, even without prior notice, to effect a disconnection of his/her services without any liability to DMPI.

b. The billing statement shall be delivered to Subscriber’s billing address. In case the Subscriber fails to receive the billing statement, it shall be the Subscriber’s responsibility to inquire and be informed of his/her outstanding fees and/or charges through the Sun Cellular Customer Care Hotline or any of the Sun Cellular Sun Shops, and to pay the outstanding charges without further demand on or before the due date.

c. The Subscriber must inform DMPI in advance and in writing of any changes in billing address. Failure to do so shall not make DMPI liable for any consequences due to the Subscriber’s inability to receive and pay his/her bill.

d. Payments shall be applied first to bills in arrears, including interest and penalties and the balance, if any, will be applied to the current obligation.

e. Payments may be made at any of the Sun Cellular Sun Shops or accredited business centers or payment facilities. However, any overdue account must be paid only at DMPI’s Head Office or at any of the Sun Cellular Sun Shops. Payments made through any of the payment facilities other than through The Sun Shops shall be credited to the Subscriber’s account only upon confirmation of payment by DMPI.

f. Should the Subscriber contest any charges appearing on a billing statement, he/she must file a complaint with DMPI within sixty (60) days from the date of the statement of account reflecting the disputed charges. Failure of the Subscriber to file a complaint within said period shall be deemed an acceptance of the accuracy and correctness of the charges and fees mentioned in the billing statement and a waiver by the Subscriber to contest any charges or perceived inaccuracies appearing therein. Subscriber shall still pay the whole amount due while the contested charges are being investigated. Any excess or erroneous charging shall be credited to Subscriber’s account on the next billing statement.

7. Subscriber Obligations a. It is the Subscriber’s responsibility to secure and safe keep his/her Sun Broadband product. DMPI shall not be liable in

cases where other people, other than the Subscriber, are able to access the Sun Broadband SIM card. All services made through the SIM card are deemed to have been made or authorized by the Subscriber.

b. In cases when the Subscriber’s Sun Broadband kit is lost or stolen, the Subscriber must inform DMPI of the same through its Hotline (dial “02-3958000” from any phone or “200” toll-free from any Sun Cellular phone) as soon as possible. However, it is understood that the Subscriber shall be liable for all charges made on the Sun Broadband line until the time that the Subscriber reported the loss. DMPI shall have no obligation to replace lost, stolen or damaged Sun Broadband Kit or any of its components.

c. In case of voluntary termination of Subscriber’s line, a written request for termination must be submitted to DMPI. DMPI policies on termination of subscription shall apply including, but not limited to, the payment of all accrued/outstanding charges and pre-termination fees, if applicable. In the absence of such written request for termination, it is understood that subscription to Sun Broadband Services continues and remains valid and that DMPI shall have the right to continue charging and Subscriber shall continue to be liable for all applicable fees, including but not limited to the Monthly Service Fee regardless of whether Services were availed of.

d. There shall be no downgrading of subscription plan without either completion of the holding period of the current plan or settling fees involving the device that was bundled with the plan or paying a pre-termination fee computed as MSF x remaining months of the holding period.

8. Disconnection of Service

Page 8: 2015 PLDT MyDSL Biz Sales Proposal

a. Should the services be temporarily disconnected by DMPI for any reason, it is understood that the Subscriber shall still be liable for all applicable charges and/or fees, including but not limited to the Monthly Service Fee, etc., during the period of disconnection.

b. A service that has been temporarily disconnected due to delinquency of payment or has exceeded its credit limit shall escalate to a permanent disconnection should the Subscriber fail to settle his/her account within a period of sixty (60) days from the date temporary disconnection was effected.

c. For Easy Broadband, Subscriber may request for the reconnection of his/her temporarily disconnected service, whether due to account delinquency or voluntary request, by fully settling his/her outstanding Monthly Service Fee plus a reconnection fee of five hundred pesos (PhP500.00) on or before the one hundred twentieth (120th) day from the disconnection of the service.

d. Sun Broadband Lite Plans will become a Prepaid SIM in the event that the subscriber fails to settle his/her bill for 90 days.

e. Neither DMPI nor its directors, officers and employees shall be liable for any liability, loss or damage arising from the temporary or permanent disconnection of the Services. Any barring, temporary or permanent disconnection of Service shall be without prejudice to DMPI’s right to recover all amounts due from the Subscriber and avail of any remedies under the law.

f. In case of delinquency in any or all of the existing or subsequent lines under the Subscriber’s name, DMPI has the right to redirect or disconnect any or all of said lines, regardless of whether the redirected or disconnected lines are current or active in status.

9. Termination The Subscriber agrees to keep and maintain his/her Sun Broadband subscription account active for a period indicated in the holding period of the plan, starting from the date of activation of the account. Should the Subscriber pre-terminate his/her subscription or should the subscription be permanently disconnected by DMPI for any cause before the expiration of the Holding Period, the Subscriber shall pay for the Monthly Service Fees for the remaining balance of the Holding Period as pre-termination fee. Payment of the pre-termination charge shall however be without prejudice to the collection of all accrued charges up to the time of pre-termination. The Subscriber shall be furnished with a final statement of account which shall be due and demandable upon receipt. An account shall be considered closed only upon full payment of all charges.

10. Historical Data Subscriber understands and agrees that DMPI may, upon lawful order of a competent authority, reproduce or disclose its available historical data concerning the services availed of by Subscriber without the knowledge or consent of or even against the will of the Subscriber. The Subscriber shall hold DMPI or its directors, officers and employees free and harmless from any cause of action, liability or claim by reason of or in connection with the reproduction or disclosure of such historical data.

11. Miscellaneous a. DMPI shall not be liable for any loss or damage suffered by the Subscriber for any cause beyond the control of DMPI,

including but not limited to labor disturbance, human or equipment breakdown, acts of God, or force majeure, whether or not the cause be the same class or kind as those herein. In case of loss or damage caused by willful or gross negligence of DMPI employees or duly authorized agents, DMPI’s liability shall not exceed the amount of FIVE-THOUSAND PESOS (P5,000.00) as may be proven in a court of law.

b. DMPI shall not be liable for any direct, indirect, consequential, or other damages or losses resulting from the use or failure of the Sun Broadband service or Sun Broadband Kit, or of any loss, damage, theft, or misuse of the DMPI equipment and facilities which have been provided as part of the Service.

c. Except as otherwise provided herein, DMPI does not expressly or impliedly warrant the quality, reliability, accuracy, condition or merchantability of the information or communication provided or accessed through the Service for any particular use or purpose. Furthermore, DMPI does not warrant that the Services shall at all times be available, uninterrupted, error-free or conform to any reliability or performance standards. The Subscriber further agrees that access to some Services is limited to specific coverage areas. DMPI reserves the right to amend these terms and conditions at any time, with or without prior notice.

d. These terms and conditions shall be constructed in accordance with the laws of the Republic of the Philippines. All suits involving the DIGITEL Service shall be filed with the proper courts of Quezon City, Metro Manila, Philippines to the exclusion of all other courts.

Page 9: 2015 PLDT MyDSL Biz Sales Proposal

By Signing below, the Subscriber acknowledges that he/she has read, fully understood and freely and voluntarily agreed to be bound by the foregoing terms and conditions.

Subscriber’s Signature

I have read and understood the terms and conditions above. My signature below signifies that all information stated herein

are true and correct to the best of my knowledge. Also, I understand that my application will still be subject to credit approval.

______________________________________ ______________________________ Subscriber/Authorized representative Date Signature over printed name