The Subscriber represents and warrants that the Subscriber has read the
Terms and Conditions of this Service Agreement (the "Agreement") as well as
the Terms and Conditions for SIM Registration (the “SIM Registration Terms”)
(collectively referred to as the “Terms”). After having read the contents of
the Terms, Subscriber agrees to the supply of telecommunications services
(the "Service") under the Terms, and Smart Communications, Inc. ("SMART")
agrees to supply the Service under the conditions stipulated therein.
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HARDWARE:
All terminal equipment/unit connected to or used in conjunction with the
SMART telecommunication networks shall be of a type approved by SMART.
SMART does not by this Agreement cover any representation or warranty
for any telecommunications and related equipment, including, but not
limited to, mobile phones, tablets, etc. (the "Hardware").
SMART reserves the right to apply security measures, including but not
limited to Subscriber Identity Module (SIM)-locking and device
management solutions, to restrict the Hardware bundled with a Smart
Postpaid Plan (the “SMART-issued Hardware”) for use only of its own
Services. A SIM-locked SMART-issued Hardware may only be eligible for
unlocking upon completion of the required lock-in period. Ownership of
Smart-issued Hardware shall only be transferred to the Subscriber at the
end of the lock-in period. Full details regarding the unlocking process
can be found on SMART’s website.
In the event that the Subscriber violates this Agreement, SMART reserves
the right to retrieve, collect, or block the Smart-issued Hardware and
use whatever means it may deem necessary to protect its interest.
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TERMS AND CONDITIONS:
This Terms relates only to the Service provided by SMART and shall be in
full force and effect from and after the actual date of approval of the
application for the Service.
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SIM REGISTRATION:
The registration of the SIM of a new Subscriber shall be accomplished
through assisted channels prior to the issuance of the SIM and the
activation thereof, in accordance with the requirements of Republic Act
No. 11934 otherwise known as the “Subscriber Identity Module (SIM)
Registration Act” and its Implementing Rules and Regulations set out in
NTC Memorandum Circular No. 001-12-2022 (hereafter, the “SIM
Registration Act”).
An existing Subscriber shall comply with the requirements provided in
the SIM Registration Act. Failure to comply with the SIM Registration
Act shall result in the automatic deactivation of the SIM and the
imposition of pre-termination fees, when applicable.
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PAYMENT TERMS
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The Subscriber shall pay all accounts due to SMART in respect of: 1) a
monthly fixed fee for the Service as invoiced; 2) all charges incurred
in using the Service as applicable; and 3) all applicable Philippine
taxes as included in the billed charges.
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SMART may, at its absolute discretion, allow the Subscriber credit for
using the Service up to a certain level and SMART may set, revoke, or
impose conditions on such credit limit at any time and at its absolute
discretion. SMART may determine the billing period at its absolute
discretion. Any fees paid in advance shall not be refundable.
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The Subscriber shall be liable for all outgoing calls, texts, data
usage, and other transactions, including those incurring roaming
charges from his terminal unit regardless of who may make such calls,
texts, data usage, and other transactions, including those incurring
roaming charges. Non-payment of these charges or refusal on the part
of the Subscriber to pay charges arising from these calls, texts, data
usage and other transactions, including those incurring roaming
charges shall be sufficient ground for SMART to discontinue the
Service.
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The Subscriber agrees to pay on or before the date specified in the
service bill ("Due Date") all charges stated on the bill. Billing
Statement for the Service shall be rendered at regular intervals at
the end of applicable billing cycles. Contested bills, if any, should
be brought to the attention of the Customer Care Department of SMART
within twenty-one (21) days from the statement date, otherwise the
Subscriber shall be deemed to have accepted the correctness or
accuracy of the bill.
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Notwithstanding the non-receipt of any bill, it shall be the
Subscriber's responsibility to inform himself of his outstanding fees
or charges through the SMART Website, SMART App, Customer Care
Hotline, or any SMART Store and effect payment, without need for
further demand on or before the Due Date.
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The Subscriber shall be charged SMART's applicable roaming rate and
the roaming service activation fee in the event that the Subscriber
avails of SMART's International Roaming Service. SMART shall not be
liable for the failure of the roaming partner to provide services in
the roaming area.
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The Subscriber agrees that all payments shall be applied first to
bills in arrears, including interests and penalties. The balance, if
any, will be applied to the current obligation.
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The Subscriber agrees not to transfer this Terms or any right or
interest originating therefrom, to any person or entity without prior
written approval from SMART. Pending the approval of such transfer,
the Subscriber shall remain liable for any and all accrued fees and
charges.
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The Subscriber agrees that all cheques and other payments shall be
made payable directly to SMART/authorized collection partners and any
cheque payment made out, or any payment in cash made directly, to any
representative or salesman shall be invalid.
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DEPOSIT
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SMART may require the Subscriber to pay a deposit of such amount as
SMART may determine from time to time as a guarantee for all payments
due hereunder. No interest shall be payable on such deposit.
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Subject to any rights which SMART may have, and upon termination of
the Service, SMART shall, upon the written request of the Subscriber,
refund the deposit after deduction of all outstanding amounts due from
the Subscriber within sixty (60) days of receipt of the written
request for refund.
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Without prejudice to any of SMART's rights to recover amounts due from
the Subscriber, SMART shall be entitled at any time to set off any
amounts due from the Subscriber against the deposit without prior
notice to the Subscriber.
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SMART may (without prejudice to any other rights it may have) forfeit
the Subscriber's deposit if the Subscriber is in breach of any of
these Terms and Conditions.
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Subject to any rights which SMART may have, and upon termination of
the Service, SMART shall, upon the written request of the Subscriber,
refund the deposit after deduction of all outstanding amounts due from
the Subscriber within sixty (60) days of receipt of the written
request for refund.
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If any deposit remains unclaimed for twelve (12) months after the
termination of the Service, the Subscriber shall forfeit such deposit
in favor of SMART without need of any further act or deed.
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PRE-PAID FEES, CHARGES AND DEPOSITS
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SMART may require a pre-paid fee as a pre-requisite for continuing the
Service. The pre-paid fee and/or deposit (as stated in Clause 5 above)
shall bear no interest. Upon termination of the Service, the
pre-payment shall be applied against the Subscriber's final bill. In
case the pre-payment is not sufficient to cover the final bill, SMART
shall charge the Subscriber any deficiency. The balance of the
pre-payment and/or deposit, if any, will be refunded to the
Subscriber, without interest, after one hundred eighty (180) days post
termination.
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The Subscriber shall be charged a fee for the processing of any
Service modification requests such as changes in subscription plan,
add-ons etc.
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LOSS OR DAMAGE OF HARDWARE
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The security of the SIM, whether physical or digital/eSIM
(collectively, the “SIM”) and the confidentiality of the Subscriber’s
Personal Identification Number (PIN) as well as the proper care and
maintenance of the Hardware and/or SIM shall be the Subscriber's sole
responsibility.
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SMART, upon notification of lost SIM/Hardware, shall immediately
effect barring of outgoing and incoming calls/short message service
(SMS)/data services. All charges and fees accruing prior to the
disconnection shall remain for the account of the Subscriber.
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MULTIPLE LINES
The Subscriber may apply for multiple postpaid lines under individual
plans. All applications shall be subject to credit review and approval
thereof shall be subject to the sole discretion of SMART. SMART has the
right to decline applications that does not meet the required credit
parameters for the additional lines.
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THIRD PARTY APPLICATIONS
Should the Subscriber have any issues using third party applications due
to the unavailability of the mobile identification number or the “MIN”
(due to it being registered to another person), it is the responsibility
of the Subscriber to coordinate with the third-party application
provider concerned regarding the updating of information linked to the
MIN. SMART has no access to the third-party application database.
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FRAUDULENT AND UNAUTHORIZED USE
If the Subscriber or any other person, at the sole discretion of SMART,
is found to use the Service, including but not limited to, special usage
offerings and promotions for any abusive or fraudulent purpose or
illegal activities, or is found to use abusive and/or indecent language
to other subscribers or SMART staff and/or its third party providers, or
has submitted an application for subscription through fraudulent means
or has supplied any false/wrong information in connection with such
application, SMART reserves the right to immediately disconnect the
Service without prior notice and/or refuse to reconnect the Service.
SMART 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
engage in the following activities:
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Resale or any other commercial use of the Service without the prior
express written consent of SMART;
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Utilization of the Service in bypassing or in activity/ies that tend
to bypass the SMART network, billing and/or traffic routing;
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Use of the Service in prohibited activities like callback, dialback,
unauthorized audiotext, international and national simple resale
(ISR/NSR) and other similar services;
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Tampering, altering, modification, or unauthorized programming of the
SIM Card or its digital reference ("Unauthorized Activities");
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Use of SMART SIM cards with unauthorized types of devices apart from
the intended hardware (i.e. smartphones or tablets). For example, SIM
cards must not be inserted in portable hotspots and fixed routers.
Otherwise, SMART reserves the right to temporarily suspend or
terminate the Service without prior notice;
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Abusive use of data services where data usage exceeds 60GB under the
Service’s anti bill-shock feature (if applicable);
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Activities that are considered unlawful by the laws of the Republic of
the Philippines;
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Obstruction or penetration, or attempts to obstruct or penetrate the
security of any entity’s network or systems such as malicious software
(e.g., Trojan horses, worms, spyware, etc.), denial of service
attacks, spam emails, etc.;
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Excessive contribution to network congestion, which results to
disruption of other subscribers’ access to the network and diminishes
network performance; or
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Use of high bandwidth applications and services like operation of
servers, web broadcasting, and the like.
Should the Subscriber engage in any of the abovementioned activities,
SMART has the right to take necessary actions including, but not limited
to, the following:
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SMART may implement network management practices to improve its
service, to reduce network congestion, and/or to adapt to
technological advancements;
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SMART may downgrade Subscriber’s data speed in case of excessive usage
at any point during a billing cycle;
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SMART may obtain and monitor Subscriber’s usage information through
reasonable and legal methods; and/or
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SMART may temporarily disconnect, interrupt, or terminate the
Subscriber’s data services without prior notice.
The Subscriber shall likewise be liable to SMART 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 one
hundred fifty percent (150%) of the computed revenue losses shall
likewise be charged against the Subscriber if proven accountable for
such Unauthorized Activity. For this purpose, SMART 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 compensation fee payable. In the absence of said record, SMART shall
have 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 Service for any activity that is
contrary to morals and public policy or which violates any ordinance,
law, decree, order, regulation or treaty ("Illegal Activities"). The
Subscriber agrees to indemnify and hold SMART free and harmless from any
liability, suit, or damage arising from or connected with the
Subscriber's Unauthorized Activities and/or Illegal Activities. The
Subscriber further authorizes SMART 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 Service. 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.
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SERVICE REDIRECTION
Unless otherwise inconsistent with other provisions in this Agreement,
SMART reserves the right without incurring any liability, and at the
Subscriber's expense, to redirect partially or in full the Subscriber's
Service. Upon compliance with the requirements of SMART, the Service may
be restored partially or in full. Failure of the Subscriber to comply
with SMART's requirements will give SMART the option to terminate the
Service permanently, subject to Public Telecommunications Policy Act of
the Philippines and its implementing rules and regulations (“RA 7925”),
and to charge the appropriate pre-termination fee, if any.
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EXCLUSION FROM LIABILITY
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 the 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 parties caused by:
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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 to acts of God,
strike, labor disputes, fire, disturbance, action of government,
atmospheric conditions, lightning, interference or damage by third
parties or any change in legislation);
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Any inaccuracy or omission, lack of clarity, interference in,
misdirection or destruction of any information transmitted to or from
the Subscriber howsoever caused;
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Theft or unauthorized use of the Hardware or any loss, costs, damages
or compensation incurred by or payable to any third party by the
Subscriber or other party;
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Any inherent defect in the Hardware or any defect or damage to the
Hardware resulting from use other than in the normal and customary
manner; or
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Transmission or non-transmission of any illegal, false, misleading,
derogatory, libelous, obscene or vulgar messages or information.
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ANTI-OSAEC AND ANTI-CSAEM PROVISIONS
- In using the Service, the Subscriber shall not commit any act in contravention of Republic Act No. 11930 or the ‘Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act’ (“RA No. 11930”), including but not limited to the following: (a) participating, in whatever way, in the creation or production of any form of Online Sexual Abuse or Exploitation of Children (“OSAEC”) and Child Sexual Abuse or Exploitation Materials (“CSAEM”); (b) selling, distributing exhibiting and/or advertising, by any means, any form of CSAEM; (c) publishing, transmitting and/or broadcasting, by any means, any form of CSAEM; (d) streaming and/or live-streaming acts of, or any form of OSAEC and CSAEM.
- SMART has the right to (a) implement controls to automatically detect and block access to and/or remove or take down content, internet address, uniform resource locator (URL), websites, applications or content/s which has CSAEM or content in contravention of RA No. 11930; (b) preserve all Subscriber’s registration information and traffic data in its control and possession and/or maintain logs of each and every Subscriber and the Internet Protocol (IP) Address assigned to each and every Subscriber at a given date and time in compliance with RA No. 11930; and (c) upon subpoena, request or instruction of competent authority, (i) provide to the requesting government agency, regulatory or governmental body, the Subscriber’s registration information and/or traffic data of any Subscriber who: (1) gained or attempted to gain access to an internet site, internet asset or internet application which contains any form of CSAEM; or (2) facilitated the violations of RA No. 11930; or (3) conducted the streaming or live-streaming of child sexual exploitation or (ii) otherwise report to the requesting government agency, regulatory or governmental body, the internet address or websites blocked, removed or taken down by SMART, or any form of unusual data activity by a Subscriber using the Service and any and all information that may or is required to be reported in accordance with RA No. 11930.
- The Subscriber acknowledges and agrees that SMART may in its discretion, delay or dispense with notification to the Subscriber, (a) where such Subscriber is stated or identified to be a suspected offender of an act of OSAEC in an ongoing criminal investigation, or (b) the fact of the existence of a subpoena, warrant, court order, or other governmental request directing SMART to disclose information about said Subscriber for the purposes of the criminal investigation.
- The Subscriber agrees to abide by all applicable laws relating to the use of the Service. Violations will be deemed adequate grounds for the termination of this Agreement, discontinuance of the Service and the imposition of pre-termination fees, when applicable.
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DISCONNECTION OR TERMINATION OF THE SERVICE
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SMART may temporarily suspend or terminate the Service without prior
notice if: 1) The Subscriber fails to pay promptly any amount due and
payable hereunder; 2) The Subscriber commits breach of the Terms of
this Agreement; 3) The Subscriber transfers or allows the Hardware to
be tampered with or used by any other person (except if such use is
authorized by the Subscriber) without the consent of SMART; 4) The
Subscriber dies or becomes bankrupt, fails to pay its debts as they
fall due or any of its assets becomes subject to any form of winding
up, administration, receivership, or insolvency proceedings or it
enters into any arrangement with its creditor generally.
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Without prejudice to the preceding paragraph, SMART may discontinue or
terminate the Service without cause at any time by giving the
Subscriber not less than thirty (30) days notice of such
discontinuation or termination.
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Any discontinuation or termination shall be without prejudice to the
rights of SMART, including the right to recover all amounts due from
the Subscriber hereunder, including but not limited to the
pre-termination fee, if applicable, together with any expense and cost
(including legal costs) incurred in recovering such amounts due. No
refund of any advanced payment will be made to the Subscriber. Upon
disconnection or termination of the service, SMART shall assign the
mobile identification number or “MIN” to a new customer. If the MIN is
used to register with any third-party application (i.e. banking,
shopping, messaging, or social media applications) the Subscriber
shall have the sole responsibility to immediately request for the
updating of the registered mobile number directly with the third-party
application provider concerned. SMART shall not be liable for
Subscriber’s failure to update the MIN and other information
registered with any third-party application, and SMART is not
authorized to store and/or update information owned and maintained by
any third-party application.
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The Subscriber may terminate this Agreement at any time by giving
SMART not less than thirty (30) days written notice of such
termination, which shall become effective only upon settlement of all
amounts due hereunder, including the pre-termination fee as provided
in the Pre-termination Acknowledgment that forms part of this
Agreement, together with any expense and cost (Including legal cost)
incurred.
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TEMPORARY DISCONNECTION AND RESUMPTION OF SERVICE
The Subscriber may request a temporary disconnection of the Service by
giving not less than fourteen (14) days prior notice to SMART and by
settling all amounts due to SMART. Such temporary disconnection shall
not constitute a termination of this Agreement if it does not exceed six
(6) months. If the temporary disconnection is for a period which is more
than six (6) months, SMART reserves the right to terminate this
Agreement without prejudice to the rights of SMART, including the right
to recover all amounts due from the Subscriber hereunder including but
not limited to the pre-termination fee, together with any expense and
cost (including legal costs) incurred in recovering, such amounts due
and no refund of any advanced payment will be made to the Subscriber.
SMART may charge such fees for reconnection of the Service as it shall
in its absolute discretion determine.
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USE OF PASSWORD
Upon request of the Subscriber, any transaction on his/her account and
Service record can be handled through the use of a password issued by
SMART which the Subscriber undertakes to keep confidential. The
Subscriber may request for a change of his password by accomplishing and
submitting a Request for Password Form and presenting a valid
identification card to any SMART Store.
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INDEMNITY
The Subscriber shall indemnify SMART against all liabilities, losses,
damages, costs, charges, expenses (including legal costs) incurred by or
brought against SMART arising directly or indirectly out of or in
connection with any breach by the Subscriber of his obligations
hereunder.
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MISCELLANEOUS
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This Agreement shall be governed and construed in accordance with the
laws of the Philippines.
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This Agreement, together with SMART 's records shall be final and
conclusive evidence of any dispute between SMART and the Subscriber.
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SMART reserves the right at its absolute discretion to modify, delete
or add to any of the Terms of this Agreement at any time without
further notice. It is the Subscriber's responsibility to regularly
check any changes to these Terms. The Subscriber's continued used of
the Service after any such changes constitutes acceptance of the new
Terms.
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This Agreement constitutes the entire Agreement between SMART and the
Subscriber and supersedes 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 out in this
Agreement.
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SMART 's right shall not be prejudiced or restricted by any
concession, indulgence or forbearance extended to the Subscriber.
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No waiver by SMART of any breach shall operate as a waiver of any
other subsequent breach.
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All notices under this Agreement shall be in writing and sent to the
registered office address of SMART or the home address or email
address of the Subscriber as stated on this Service Application Form
or such other address which may be notified to SMART in writing from
time to time.
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Any complete or partial invalidity or unenforceability of any
provision of this Agreement shall not affect the validity or
enforceability for any other purpose of the remaining provisions.
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Interest on all amounts outstanding to SMART shall accrue at the rate
of 2% per month.
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In case it will be necessary to use a lawyer or collection agency, the
Subscriber shall pay 25% of the amount due as collection or attorney's
fees, in addition to damages or billing for services, penalty, charges
and surcharges.
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DISCLAIMER OF WARRANTY
Subscriber acknowledges that it has not relied on any warranty, express
or implied with regards to the Service provided hereunder.
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VENUE
The venue of all suits from this Terms and of other suits directly or
indirectly arising from the relationship between SMART and the
Subscriber shall be exclusively in the proper courts in Makati City.
Subscriber hereby expressly waives claims to any other venue.
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COMPLAINTS
Complaints against SMART or its agents should be brought to the
attention of the Customer Care Department of SMART.
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DATA PRIVACY
Subscriber agrees and consents to the disclosure to third parties and
the processing, either by SMART or by third parties on behalf of SMART,
of personal information and data, including personal information,
traffic and billing data for marketing and other purposes. Subscriber
acknowledges and agrees that SMART may send commercial and promotional
advertisements, surveys, and other broadcast push messages.
Specifically, Subscriber agrees and consents that SMART and its
affiliates may use Subscriber’s personal information and data to:
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Manage Subscriber’s account, carry out customer-care activities and
train staff, including monitoring calls, emails or text messages that
Subscriber send to SMART;
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Monitor the quality and security of the network and test and maintain
SMART's IT systems;
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Analyze Subscriber’s use of the Services for marketing purposes,
including, but not limited to, the calls and messages the Subscriber
send and receive, and Subscriber’s location at the time these
communications take place, as well as Subscriber’s browsing history
and use of SMART websites;
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Send to the emergency services (if Subscriber make an emergency call),
including Subscriber’s approximate location; and
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Contact the Subscriber with marketing messages such as commercial and
promotional advertisements, surveys, and other broadcast push
messages, which may include marketing. SMART does not include
Subscriber’s details in any directory or directory-enquiry service. If
the Subscriber wants to have his/her information included in these
services, the Subscriber should contact SMART. If the Subscriber does
not want his/her personal information and data (i) to be disclosed to
third parties, or (ii) to be processed to receive marketing messages
and other messages from SMART or from other organizations, the
Subscriber must immediately contact SMART through the website or call
*888. For more details on how SMART uses the personal information and
data of the Subscriber, please access the privacy policy SMART
available on its website.
Last updated on October 2, 2025.
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