D&D I.T NETWORK AND DATA SOLUTIONS (hereinafter referred to as “D&D
INTERNET”) provisioning of a fiber internet service (hereinafter referred to as
the “Service”) shall be governed by the following terms and conditions
(hereinafter referred to as the “Agreement”);
1. This Agreement shall take effect upon credit approval and receipt of
payment of all application and other fees, as well as an amount
equivalent to one month Monthly Service Fee representing advance
payment for the first month of subscription (the “DEPOSIT Payment”)
which is non refundable, and shall remain effective until the Service
is terminated for any reason whatsoever, without prejudice to the
continued subsistence of other subscriptions/accounts of Subscriber
that avail of the Service. The Service shall begin on the Service
Commencement Date as defined in Section 5 and shall be effective
for twenty-four (24) four months therefrom (the “lock-in period”),
unless pre-terminated in accordance with Section 19. After the lockin period, and if the Service has not yet been pre-terminated, the
Service shall be automatically renewed and continue indefinitely on a
month-to-month basis under the same terms and conditions of this
Agreement and subject to the continued payment of the Monthly
Service Fee, until terminated by either or both of the Parties. D&D
INTERNET reserves the right to amend, change or modify the
applicable rates.
2. D&D INTERNET shall cause the installation and connection of the
Optical Network Unit (ONU) – with one (1) activated port and one (1) private IP
address (1 public IP for ENTERPRISE LINE only) – and/or peripherals as soon as
reasonably practicable after credit approval and receipt of payment of all fees
and the Advance Payment for the Service.
3. D&D INTERNET shall provide the Subscriber with the necessary
equipment and peripherals for Service access as stated in the delivery and
acknowledgement receipt issued to the Subscriber. These equipment and
peripherals shall at all times remain property of D&D INTERNET.
4. Additional Installation Charges. In certain instances, the Subscriber
shall pay for additional charges to cover materials and labor for non-standard
installations, depending on the length of the fiber optic cable and other
factors.
5. Service Commencement Date & Start of Billing. The Service shall be
activated upon acceptance by the Subscriber. The Service is deemed
accepted after 24 hours of testing, if there is no service issue raised by the
Subscriber. The day of activation shall be the Service Commencement Date
for each Service. Billing will commence on the following day after the date of
activation. Electronic Statement of Account will be sent to Subscriber’s active
email provided during the application process or such other email address
provided to D&D INTERNET by the Subscriber, as well as via SMS.
6. Billing and Payment. D&D INTERNET shall bill the Subscriber the
Monthly Service Fee and other charges, which must be paid in full by the
Subscriber on or before the Due Date indicated in the Statement of Account
as sent to Subscriber’s email address. Statement of Account will be sent
through email and SMS. Should Subscriber fail to receive the Statement of
Account for whatever reason, he agrees to inform D&D INTERNET’s
FACEBOOK PAGE (D&D IT NETWORK AND DATA SOLUTION) or access the
electronic file or site which may be provided by D&D INTERNET for this
purpose from time to time, otherwise, it shall be conclusively presumed that
Subscriber has received the Statement of Account in due course. Subscriber
acknowledges that D&D INTERNET has advised him that D&D INTERNET may
suspend the Service in case of Subscriber’s failure to pay any bill on or before
the specified Due Date. D&D INTERNET shall bill the Subscriber at monthly
intervals but reserves the right to alter the date of billing or interval billing.
7. Billing Disputes. If Subscriber in good faith disputes any portion of D&D
INTERNET’s Statement of Account, Subscriber shall submit to D&D INTERNET,
within fifteen (15) days from receipt of the Statement of Account, full payment
of the undisputed portion of the Statement of Account and written
documentation identifying and substantiating the disputed amount. If
Subscriber does not report a dispute within the said fifteen (15) day period,
Subscriber shall irrevocably waive his dispute rights for that Statement of
Account and the billing shall be deemed to be correct and final. Any disputed
amount resolved in favor of Subscriber shall be credited to Subscriber’s
account in the next Statement of Account. Any disputed amount determined
to be payable to D&D INTERNET shall be due within seven (7) days of
notification of the resolution of the dispute. If Subscriber withholds the
disputed amount thereafter, or within the time required, fails to provide
supporting information in writing that sets out a legitimate basis under this
Agreement for disputing any charges, Subscriber’s account shall be deemed
to be past due and unpaid. In such event, D&D INTERNET shall be entitled to
pursue any and all legal remedies provided in this Agreement and by law,
including suspension or disconnection of Service.
8. D&D INTERNET will not charge late payment penalty for all accounts
not paid by the Due Date.
9. D&D INTERNET hereby makes it clear to the Subscriber that the Service
provided under this Agreement is purely for the use applied for. D&D
INTERNET reserves the right to determine if actual use is consistent with the
use applied for. Any use of the Service provided contrary to what was applied
for, in any form or manner whatsoever, is strictly prohibited. D&D INTERNET
reserves the right without need of demand or notice to automatically
disconnect the Service provided, if the Subscriber violates the foregoing,
without prejudice to forfeiting all sums received from the Subscriber and
claiming additional damages in accordance with the provisions of this
Agreement.
10. D&D INTERNET shall not be responsible for failure or omission of its
Service due to any cause beyond its control, not due to its willful and
intentional fault or negligence and which cannot be overcome by the
exercise of due diligence, including but not limited to labor disturbance,
human acts or equipment breakdown, acts of God, or force majeure, whether
or not the cause be of the same class or kind as those therein. The Subscriber
agrees that in such cases, the operation of this Agreement and delivery and
rendering of the Service, so far as necessary, may be suspended or
terminated as the case may be, even without notice, without liability for loss
and damage, it being understood that the cause of such interruption shall be
remedied, if possible, with all necessary dispatch at the earliest practicable
time. In the cases mentioned above, D&D INTERNET shall not be liable for any
loss or damage suffered by the Subscriber, unless such loss or damage is
caused by the willful or grossly negligent act or omission of D&D INTERNET’s
employees or agents which liability shall not exceed the amount of the
Monthly Service Fee of the Subscriber as may be proven in a court of law.
11. The Subscriber holds D&D INTERNET free from any responsibility for
any loss or damage resulting from the failure of the Service caused by a
malfunction of the D&D INTERNET network or ONU or its Peripherals for any
reason whatsoever. Notwithstanding any other provision of this Agreement,
D&D INTERNET will not for any reason be liable for any indirect, incidental,
consequential, punitive, special or other similar damages, and out-of-pocket
expenses, including but not limited to damages resulting from loss of actual
or anticipated revenues or profits, or loss of business, data or good will.
12. The rights and privileges extended to Subscriber in relation to the
subscription including the ONU and its Peripherals are purely personal to the
Subscriber and shall not be transferred to any individual or entity or to any
other location, without obtaining the prior written consent, approval and
clearance from D&D INTERNET. Any such transfer of rights and/or location
without the prior written consent of D&D INTERNET shall be void regardless
of receipt by D&D INTERNET of the Monthly Service Fee and other charges
from the supposed transferee. If approved, any transfer of ownership shall be
subject to the payment of change of account ownership fee at the rate
prevailing at the time of the request for transfer, and to compliance with
other relevant policies and guidelines as may be issued by D&D INTERNET
from time to time.
13. Relocation. If the Subscriber will transfer residence/location, he may
apply for relocation and will be charged the relocation fee prevailing at the
time of relocation to cover for expenses of dismantling equipment from his
current residence and re-installing to the new residence. If relocation is not
within service coverage, the Subscriber’s subscription, if still within the lock-in
period, is deemed pre-terminated in accordance with Section 19 and the
Subscriber must pay the full pre-termination fee. Application for
transfer/relocation will only be allowed if the new address is within the D&D
INTERNET’s service coverage and only if the Subscriber has no outstanding
balance in the relevant account as of the current billing month and the other
accounts of said Subscriber are in good standing, i.e. active status or no
unsettled fees / unsurrendered ONU and/or Peripherals.
14. Changes in Service. D&D INTERNET reserves the right to make changes
in the Service for technical and other reasons with due notice to the
Subscriber. Subscriber agrees to pay all charges for changes in Service
features he requests, including but not limited to reconnection, change of
service package and change of ownership. Downgrade of plan/packages
within the lock-in period shall be charged a downgrade fee at the rate
prevailing at the time of request for downgrade; downgrade after the said
period will be free of charge. Upgrade of plan/packages shall have no extra
charge. No changes shall be effected until the appropriate fees/charges and
adjustments are paid to D&D INTERNET. All rates are subject to change even
without prior notice to the Subscriber. The foregoing changes in Service shall
only be allowed if the Subscriber has no outstanding balance in the relevant
account as of the current billing month and the other accounts of said
Subscriber are in good standing, i.e. active status or no unsettled fees /
unsurrendered ONU and/or peripherals.
15. Repair and Maintenance. Subscriber shall be entitled to free spare parts
and service for non-performance of the ONU and/or Peripherals due to
factory defects for the term of this Agreement. However, the cost of repair
and maintenance of ONU and/or Peripherals as a result of damage due to the
fault or negligence of Subscriber or due to force majeure shall be for the
account of Subscriber, and shall be billed in Subscriber’s next Statement of
Account.
16. Loss or Damage Beyond Repair. The Subscriber shall be liable should
any ONU and/or Peripherals be damaged beyond repair or lost due to the
Subscriber’s acts or omissions, and Subscriber shall be charged the
replacement value of the same as may be reflected in his next Statement of
Account.
17. Suspension/Disconnection of Service
17.1 The Subscriber may apply for a Voluntary Temporary Disconnection (VTD)
of Service for a minimum period of thirty (15) days up to a maximum of ninety
(30) days, subject to payment of the VTD fee prevailing at the time of the
application for VTD plus any outstanding balance in the relevant account
(including pro-rated bill). The number of days in the VTD period applied for
shall be added to the remaining subscription period. Only one (1) transaction
for VTD per year is allowed. The Subscriber shall have thirty (30) days from
the end of the VTD period applied for to apply for reactivation and pay the
reactivation fee prevailing at the time of reactivation, failing in which shall
cause the permanent disconnection of the Service for the relevant account,
and the provisions of Section 19 shall apply.
17.2 Disconnection. Subscriber agrees that D&D INTERNET may without prior
notice disconnect the Service of any Subscriber whose bill remains unpaid
after the specified Due Date. Subscriber also agrees that D&D INTERNET may
temporarily suspend the Service in any of the following instances:
17.2.1 Violation by Subscriber of the terms and conditions of this Agreement;
17.2.2 Misrepresentation or false statement by Subscriber in the application
for Service;
17.2.3 Illegal connection or use of unauthorized equipment or accessories;
17.2.4 Suspicious fraudulent misuse or abuse of Service, ONU and/or
Peripherals;
17.2.5 Unauthorized transfer of Service/location;
17.2.6 Failure to notify D&D INTERNET of change in billing address;
17.2.7 Other analogous cause.
Whenever the disconnection leads to eventual termination, the effects of
such termination shall retroact to the date of disconnection for the purpose
of computing pre-termination charges. Disconnection shall become
permanent upon failure of Subscriber to correct or rectify the ground for
discontinuance of Service within thirty (30) days from suspension of Service.
Disconnection of Service shall not be construed as a waiver of the
outstanding tariff, charges, penalties, and surcharges accruing on overdue
bills. Subscriber agrees to hold D&D INTERNET free and harmless from any
liability and waives any action against the latter, which may arise as a result of
such suspension or disconnection of Service.
18. Reconnection. In the event of suspension or disconnection, D&D
INTERNET may at its option restore Service and/or rectify the cause of
suspension upon payment of all outstanding obligations by Subscriber,
including any and all applicable fees.
19. Termination of Service
19.1 Subscriber may terminate his subscription in writing by giving one (1)
month prior notice for cancellation and by fully settling all his outstanding
obligations with D&D INTERNET up until the date of effectivity of the
termination. If termination is made during the lock-in period, Subscriber shall
pay a pre-termination fee in the amount of the full Monthly Service Fee
multiplied by the number of the months remaining in the lock-in period or in
such amount as may be prescribed by D&D INTERNET from time to time in its
sole but reasonable discretion upon prior written notice to all subscribers , as
well as the Subscriber’s pro-rated bill. In determining the unexpired period, a
fraction of a month shall be considered as one (1) month. Subscriber shall also
pay the permanent disconnection fee prevailing at the time of disconnection.
19.2 D&D INTERNET may terminate the Service or this Agreement for nonpayment or delay in payment of Subscriber’s accountabilities in accordance
with Section 17.2, or for violation by Subscriber of any provision of this
Agreement, or for such other causes set forth in this Agreement. If
termination is made during the lock-in period, Subscriber shall pay a pretermination fee in the amount of the full Monthly Service Fee multiplied by
the number of months remaining in the lock-in period or in such amount as
may be prescribed by D&D INTERNET from time to time in its sole but
reasonable discretion upon prior written notice to all subscribers. In
determining the unexpired period, a fraction of a month shall be considered
as one (1) month.
20. Subscriber possesses the ONU and/or Peripherals in trust for and on
behalf of D&D INTERNET (except such Peripherals offered to Subscriber on
amortization basis, in which case, ownership of the same will transfer to
Subscriber upon completion of amortization payments). In the event that the
subscription is terminated for any reason whatsoever, or if D&D INTERNET
disconnects/terminates the Service or terminates use of ONU and/or
Peripherals equipment for non-payment or delay in payment of Subscriber’s
accountabilities in accordance with Section 17.2, or for violation of the terms
and conditions of this Agreement, or for such other causes set forth in this
Agreement, Subscriber hereby authorizes D&D INTERNET, its agents or
representatives to enter the Subscriber premises where the ONU and/or
Peripherals are installed, and allow D&D INTERNET to pull out or remove such
ONU and/or Peripherals.
21. Indemnification and Use of Service
21.1 Subscriber shall indemnify and hold harmless D&D INTERNET, its affiliates,
partners, directors, officers, employees, shareholders, agents and
representatives from and against all claims, causes of actions, judgments,
damages, expenses and liabilities arising from or in connection with (a) the
use of Service by Subscriber other than as permitted by this Agreement, and
(b) the content of material that Subscriber transmits through use of the
Service including but not limited to, claims for defamation, invasion of
privacy, disparagement and/or alleged violation of trademark of copyright.
21.2 Subscriber acknowledges that the Service is provided on an “as is”
basis. D&D INTERNET, ITS EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, AND
DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, REGARDING THE QUALITY, ACCURACY OR VALIDITY OF THE DATA
OR INFORMATION AVAILABLE ON ITS SYSTEM, OR RESIDING ON OR
PASSING THROUGH ITS INTERCONNECTING NETWORKS, OR THAT D&D
INTERNET’S SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. D&D
INTERNET EXPRESSLY EXCLUDES ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE
FULLEST EXTENT POSSIBLE BY LAW.
22. In case of litigation arising out of this Agreement, all suits shall be
exclusively filed with the proper court of TAGUIG City only. Subscriber hereby
expressly waives all claims to any other venues. Subscriber shall, in addition to
the amount due and collectible, pay twenty-five percent (25%) of such
amount as attorney’s fee and an equivalent amount for cost of suit.
23. Miscellaneous
23.1 This Agreement, together with all attachments incorporated herein
specifically by reference, represents the entire understanding of the Parties
with respect to the subject matter hereof and all other agreements, whether
written or oral, between the Parties relating to the Service shall be
superseded by this Agreement. In entering into this Agreement, neither Party
is relying upon any representation of warranties that are not set forth in this
Agreement.
23.2 D&D INTERNET reserves the right to transfer or assign its rights and
obligations under this Agreement whether in part or in whole to any third
party.
23.3 D&D INTERNET reserves the right at its absolute discretion to modify,
delete, or add to any of the terms and conditions of this Agreement without
need of giving prior notice in writing to Subscriber.
23.4 Separability Clause. The Parties also agree that should any provision in
this Agreement be declared void, invalid or ineffective for any reason
whatsoever, the validity of the remaining provisions shall not be affected and
shall continue to be binding.
23.5 No waiver by D&D INTERNET of any breach of any term in this
Agreement shall operate as a waiver of a breach of any other term or of a
subsequent breach of the same term. D&D INTERNET shall not be prejudiced
or restricted by any concession, indulgence or forbearance extended to the
Subscriber
