SMART Link GSM

INSIDE THIS SECTION

Smart Link GSM Terms and Conditions

By using the SMART Link GSM Prepaid GSM Service, the Subscriber agrees to the following:

1. The SMART Link GSM Prepaid GSM Service is designed to work only if the Subscriber has the following:

a. a GSM 1800 cellular mobile telephone handset;

b. a SMART Link GSM Prepaid GSM SIM Card; and

c. airtime value loaded into subscriber’s account

2. The SMART Link GSM SIM and Call and Text Cards/PINs are neither refundable nor redeemable for cash, either in part or in full.

3. The SMART Link GSM Prepaid GSM SIM Card cannot be used with handsets which are:

a. SIM-locked to networks other than SMART; or

b. Blacklisted by SMART due to theft, loss, non-payment or other reasons.

SMART Communications, Inc. (the “Company”) reserves the right to SIM-lock handsets as part of the SMART Link GSM Prepaid Phone Kit for use only of its own services.

4. The security as well as the proper care and maintenance of the SMART Link GSM Prepaid GSM SIM Card shall be the Subscriber’s sole responsibility.

5. The SMART Link GSM Prepaid GSM Service requires for its use, reload of value through SMART Link GSM Call and Text Cards/PINs, or other means of reloading value offered by the Company. After value is loaded into the SMART Link GSM Prepaid GSM SIM Card, such value shall be valid for a specific period of time as determined by the Company. Any unloaded SMART Link GSM Call and Text Cards/PINs shall expire on the date shown at the reverse portion of the card, or as communicated to the Subscriber by Distributor.

6. The SMART Link GSM Prepaid GSM Service shall be PERMANENTLY DISCONNECTED if the Subscriber fails to reload value into his account within the specific period after the prepaid balance is completely consumed as determined by the Company. The Company shall not cause the reconnection of a PERMANENTLY DISCONNECTED SMART Link GSM Prepaid GSM Service. Mobile numbers associated with the disconnected SMART Link GSM Prepaid GSM SIM Cards cannot be reacquired. A new SMART Link GSM Prepaid SIM Card must be purchased to avail of the SMART Link GSM Prepaid GSM Service. This will have a different mobile number. Requests for a change in mobile number will not be allowed. The Company shall not be held responsible to replace any permanently disconnected SIM Cards.

7. Subscriber is allowed only ten (10) attempts per calendar day to correctly load a value of the SMART Link GSM Call and Text Card/PIN. Otherwise, the Subscriber will have to wait for the next day (after 12:00 midnight) to correctly load the SMART Link GSM Call and Text Card/PIN.

8. All outgoing calls and text messages will be charged based on prevailing tariff rates, plus all applicable toll charges and taxes. The use of the SMART Link GSM Prepaid GSM Service (including, but not limited to, calls to wrong numbers, fax tones, answering machines, subscriptions to and availments of value-added services) shall be the Subscriber’s sole responsibility regardless of who actually made the calls or sent the text messages.

9. The Company is under no obligation to provide call details or itemized bills for calls and text messages made or received using the SMART Link GSM Prepaid GSM Service.

10. The SMART Link GSM Prepaid GSM SIM Cards, SMART Link GSM Call and Text Cards/PINs and any airtime values are non-refundable and non-replaceable in the event of loss, theft, or damage due to misuse, mishandling or neglect. The SMART Link GSM SIM Card found inherently defective will be replaced within seven (7) days from date of activation. Inherently defective SMART Link GSM Prepaid Card (no PIN, incomplete PIN, unclear numbers) can be replaced only if there has been no prior usage on the card. All replacements due to defects are subject to the investigation and validation of the Company’s Customer Care upon presentation of required documents.

11. The Company’s liability for the loss or damage caused by defects in the performance or non-performance of the SMART Link GSM Prepaid GSM Service, shall be limited to a credit in the Subscriber’s favor for the amount paid for the SMART Link GSM Prepaid GSM SIM Card or SMART Link GSM Call and Text Card/PIN. The Company shall not be liable for any failure of the SMART Link GSM Prepaid GSM Service or for any loss, damage, theft, and misuse of the SMART Link GSM Prepaid GSM SIM Card, SMART Link GSM Call and Text Card/PIN, or any GSM handset used as part of the SMART Link GSM Prepaid GSM Service.

12. Except as otherwise provided herein, the Company does not expressly or impliedly warrant the condition or merchantability of the information or communication services provided through the SMART Link GSM Prepaid Service for any particular use or purpose. All information and translation are provided on an “AS IS” basis.

13. FRAUDULENT AND UNAUTHORIZED USE. If the Subscriber or any other person, at the sole discretion of the Company, is found to use the SMART Link GSM Prepaid GSM Service for any fraudulent purpose or illegal activities, or is found to use abusive and/or indecent language to other subscribers or Company staff, the Company reserves the right to disconnect the Service and/or refuse to connect the Subscriber. The Company also reserves the right to file the appropriate legal action against the erring Subscriber or person concerned, and to charge the appropriate pre-termination fee, if any. The Subscriber’s right to use the Service is personal to the Subscriber. The Subscriber shall not re-sell or make any commercial use of the Service, without the prior express written consent of the Company. The SMART Link GSM Prepaid GSM Service shall not be utilized in bypassing or in activity/ies that tend to bypass the Company’s network 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”). The Subscriber shall be liable to the Company for any and all compensation fee on account of any of the above Unauthorized Activities and unauthorized commercial use of the Service. The compensation fee is payable, without any limitation from the time the Unauthorized Activity occurred until the actual cessation thereof. A penalty equivalent to 150% of the computed revenue losses shall be charged against the Subscriber if proven accountable for such Unauthorized Activity. For this purpose, the Company has 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 the total amount of compensation fee payable. In the absence of said record, the Company 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 SMART Link GSM Prepaid GSM Service for any activity that is contrary to the morals and public policy or which violates any ordinance, law, decree, order, regulation, or treaty (the “Illegal Activities”). The Subscriber agrees to indemnify and hold the Company free and harmless from any liability, suit, or damage arising from or connected with the Subscriber’s Unauthorized and/or Illegal Activities. The Subscriber further authorizes the Company to supply any and all information requested by any law enforcement or government agency/ies, or other private entities, the later within the limits provided by the law, relative to the Subscriber’s subscription to the Service. In which case, the Subscriber hereby irrevocably and unconditionally waives any and all its relevant remedies under the law, including but not limited to the right to claim damages.

14. The Company reserves the right to disconnect or refuse to connect the SMART Link GSM Prepaid GSM Service in the event that the Subscriber is found to have used it for any unlawful, fraudulent, illicit or abusive purpose, as determined by the Company.

15. These Terms and Conditions shall be in effect from the date of the availment of the SMART Link GSM Prepaid GSM Service.

16. The Company reserves the right at its absolute discretion to modify, delete or add to any of the Terms and Conditions of this Agreement at any time without further notice. It is the Subscriber’s responsibility to regularly check any changes to these Terms and Conditions at www.smart.com.ph/gsm-sea. The Subscriber’s continued use of the SMART Link GSM Prepaid GSM Service after any such changes constitutes acceptance of the new Terms and Conditions.

17. These Terms and Conditions shall be construed in accordance with Philippine law, including matters on enforcement and performance. All suits involving the SMART Link GSM Prepaid GSM Service shall be filed with the proper courts in Makati City, Metro Manila, Philippines only.