Smart Link Legacy

INSIDE THIS SECTION

Smart Link Legacy Terms and Conditions

FIXED SATELLITE AGREEMENT

This agreement is entered into this ____ day of ____, 20 __ in _____________________, Philippines between ____________________, herein after referred to as the “Subscriber” and Smart Communications, Inc. (SMART), under the following terms and conditions:

1. The Subscriber hereby agrees to Purchase a SMART Link Fixed Satellite Terminal.

2. All terminal equipment /unit connected to or used in conjunction with the SMART telecommunications networks shall be of a type of a type approved by SMART. SMART does not by this agreement cover any representation or warranty for any telecommunications and related equipment.

3. The security of the Subscriber Identification Module (SIM) Card as well as the proper care and maintenance of the Fixed Satellite Terminal and/or SIM Card shall be the subscriber’s sole responsibility.

4. The Subscriber shall be liable for all outgoing calls from the Fixed Satellite Terminal regardless of who may make such calls.

5. The Fixed Satellite Terminal has a warranty of fifteen (15) days free labor, free replacement of parts or unit from receipt of the unit by the Subscriber. The warranty covers inherent factory defects and shall not include defects or damage due to the Subscriber’s negligence, misuse and force majeur.

6. SMART shall repair or replace damaged or defective units and/or accessories at the Subscriber’s expense. The amount includes cost associated with shipping and handling of replacement.

7. Smart shall not be liable for any loss, costs, compensation, damage or liability to the Subscriber or any third party arising directly or indirectly out of or in connection with supply or use of the Service including without prejudice to the generality of the foregoing , any loss, costs, compensation, damage or liability to the Subscriber or third party caused by:

(a) Any delay, interruption, or termination of the Service whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstances beyond SMART’s control (including but not limited acts of God, strike, labour disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation);

(b) Any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information transmitted to or from the Subscriber howsoever caused or any refusal by SMART to transmit any information subject to par. (e) here in below;

(c) Theft or unauthorized use of the fixed Satellite Terminal or any loss, costs, damages or compensation incurred by or payable to any third party by the Subscriber or other;

(d) Any inherent defect in Fixed Satellite Terminal or any defects or damage to the Fixed Satellite Terminal resulting from use other than in the normal and customary manner; or

(e) Refusal by SMART, at its sole direction, to transmit any illegal, obscene or vulgar messages or information.

  1. SMART may temporarily suspend or terminate the Service without prior notice if:

(a) The Subscriber commits a breach of any of terms of this agreement;

(b) The Subscriber transfer or allows the Fixed Satellite Terminal to be tampered with or used by any other person (except authorized employees of the subscriber) without the consent of SMART;

(c) The Subscriber dies or becomes bankrupt, any of its assets becomes subject to any form of winding up, administration, and receivership, insolvency proceedings or it enters into any arrangements with its creditor generally.

  1. The Subscriber shall use only SMART Link pre-paid cards purchased only from authorized SMART Link Distributors/Agents.
  1. Miscellaneous

(a) This Agreement shall be governed and constructed in accordance with laws of the Philippines.

(b) This Agreement together with SMART’s record shall be final and conclusive evidence of any dispute between SMART and the Subscriber.

(c) SMART reserves the right at its absolute discretion to modify, delete, or add to any of the terms and conditions of this Agreement by giving notice in writing to the Subscriber.

(d) This Agreement constitutes the entire Agreement between SMART and the Subscriber and supercedes all previous Agreements (if any) between the parties and the Subscriber acknowledges that in agreeing to enter into this agreement it has not relied on any representation warranty or other assurance (including any that may have been made by any authorized agent or dealer of SMART) except those set our I this Agreement.

(e) SMART’s right shall not be prejudiced or restricted by any occasion, indulgence or forbearance extended to the Subscriber.

(f) No waiver by SMART of any breach shall operate as a waiver of any other or subsequent breach.

(g) All notices under this Agreement shall be in writing and sent to the registered office of SMART or the address of the Subscriber which on this Agreement or such other address which may be notified to SMART in writing from time to time.

(h) Any complete or partial invalidity or unforceability of any provision of this Agreement shall not affect the validity or enforceability for any purpose of the remaining provisions.

  1. The venue of all suits from this agreement and of other suits directly or indirectly arising from the relationship between SMART and the Subscriber shall be in the proper courts in Makati City. Subscriber hereby expressly waives claims to any other venue.
  1. Complaints against SMART or its agents should be brought to the attention of Global Access Group.