Smart Home WiFi Postpaid Terms and Conditions

By availing and using the Smart Home WiFi Postpaid Service (the "Service") provided by Smart Communications, Inc. ("SMART," "We," or "Us"), the Subscriber ("Subscriber", "You," or "Yours") agrees to the Smart Home WiFi Postpaid Terms and Conditions (this "Agreement") as well as the Terms and Conditions for SIM Registration (the "SIM Registration Terms") found in https://smart.com.ph/Corporate/terms/simreg (collectively referred to as the "Terms and Conditions"). In case SMART makes changes to these Terms and Conditions that would materially change your rights and obligations in the use of the Service, we shall notify you of such changes. Your continued use of the Service following the posting of the changes to these Terms and Conditions will be construed as your acceptance of the amended Terms and Conditions.

Service Provision Conditions

1. Provision of Service. Smart Home WiFi Postpaid Service provides the Subscriber with a fixed wireless internet access through a Smart Home WiFi Postpaid modem ("Modem"), bundled with a Smart Home WiFi Postpaid SIM, which will have a corresponding Mobile Identification Number ("Number") inserted into the Modem to connect to SMART's network (the "Postpaid Subscription").

2. Modem and Peripherals. SMART shall provide the Subscriber with the Modem and/or the Subscriber Identity Module (“SIM”) Card and other peripherals necessary for Service access (hereinafter referred to as the “Modem and/or Peripherals”) as set forth in the official receipt issued to the Subscriber.

   All Modem and/or Peripherals connected to or used in conjunction with the Service 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.

   Subscribers must use the Smart Home WiFi Modem and the SIM card provided by SMART exclusively for their intended purposes at the registered service address. The provided SIM card must only be used with the assigned Smart Home WiFi Modem, and similarly, the Modem must only be operated using the SIM card allocated to it. The Subscriber shall not remove the SIM in the Modem to avoid issues with respect to the Modem and SIM warranty, connection, and/or promo subscriptions.

   The Service is strictly intended for personal and authorized commercial use only. Prohibited commercial activities include, but is not limited to, reselling or redistributing data for profit, providing paid internet access to other users, selling or transferring data consumption outside the registered service address, engaging in excessive data usage that exceeds typical household or small business operation’s consumption or similar activities.

   Use of any unauthorized SIM cards or devices, tampering, unauthorized modifications, illegal usage, or misuse of the Modem and/or Peripherals, and/or other similar prohibited activities will result in inaccessibility of data services and may lead to suspension or termination of the Service.

3. Modem Locking. SMART reserves the right to SIM-lock Modems as part of the Smart Home WiFi Postpaid kit for use only of its own services. A Smart Home WiFi Postpaid Modem, availed from SMART, is qualified to be unlocked only after twenty-four (24) months from date of purchase by providing a valid Official Receipt and the Modem's IMEI number.

4. SIM Registration. The registration of the Subscriber Identity Module ("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"). Failure to comply with the SIM Registration Terms shall result in the automatic deactivation of the SIM and the imposition of pre-termination fees, when applicable.

5. Use of Service. Since the Service provided hereunder is data only, Subscriber is prohibited from making or receiving calls and sending or receiving of text messages with the SIM provided.

   The 5G data inclusion in the Service shall only be available in identified areas covered by SMART’s 5G network nationwide (please refer to Smart Home WiFi's Postpaid Page to see the list of SMART 5G network locations in full). 5G data services will not be accessible in areas without a SMART 5G signal. Open access data inclusions, if applicable, and data boosters, if availed, are available for mobile internet usage for all applications and mobile networks (i.e.,5G, 4G/LTE, 3G, 2G technologies).

6. Subscriber's Communication Channel. Any communications from SMART in relation to the Service, including, but not limited to, account management, service updates, troubleshooting, billing, and other important notices will primarily be sent through a Mobile Identification Number ("MIN") nominated by the Subscriber (the "Contact Number"). For the avoidance of doubt, the Contact Number is different from the MIN of the Smart Home WiFi SIM. The Contact Number will serve as the primary touchpoint for all communications during the term of the Postpaid Subscription.

   Subscribers are advised that this communication method differs from that of regular mobile services, where communication is typically conducted through the Subscriber's mobile number. The Contact Number is necessary for effective communication between SMART and the Subscriber and must be kept active by the Subscriber. Any changes to the Contact Number should be reported promptly to SMART for validation and updating of the Subscriber's records to ensure continued service support.

7. Loss or Damage of Hardware. The security, proper care, and maintenance of the Modem and/or Peripherals and the confidentiality of the Subscriber's Personal Identification Number (PIN) shall be the Subscriber's sole responsibility.

   1. In case of loss of the Modem and/or Peripherals, the Subscriber shall immediately inform SMART of such fact, first by calling SMART's Customer Care Hotline or reporting it to any SMART Store, to be followed by the submission of an affidavit of loss or a police report to document such loss within 24 hours from the discovery of the loss. SMART, upon notice of such loss, shall immediately disconnect the Service. All charges and fees accruing prior to the disconnection shall remain for the account of the Subscriber.

   2. SMART shall not be liable for any failure of the Service or for any loss, damage, theft, and misuse of Modem or SIM used as part of the Service.

    

8. Site Survey. SMART reserves the right, upon due notice, to conduct site surveys, tests and/or inspections inside the Subscriber's premises, as necessary, to determine the requirements for Modem and/or Peripherals installation and Service maintenance. The Subscriber understands that should there be no signal from the SMART 5G network tower to the Subscriber's registered address where the Service is intended to be provided, the Subscriber will not be able to avail of the Service. The Subscriber agrees to hold SMART free and harmless from any liability arising from the said non-availability of the Service.

9. Non-transferability of Rights and Location. The rights and privileges extended to the Subscriber in relation to the Postpaid Subscription and the Modem and/or Peripherals are personal to the Subscriber with limited authorized commercial use, and shall not be transferred to any individual or entity or to any other location, without obtaining the prior written approval from SMART.

   Any changes to the registered address must be immediately reported to SMART, and SMART reserves the right to verify the new address to ensure compatibility with the Service.

   Any such transfer of rights and/or location without the prior written approval and clearance of SMART shall be void regardless of receipt by SMART of the Monthly Service Fee and other charges from the supposed transferee.

10. Optimizing Your SMART Network Experience. Actual performance and user’s experience of the Smart Home WiFi Service may vary due to numerous factors, including but not limited to distance from the nearest 5G or any SMART network tower (i.e., 4G/LTE, 3G, 2G technologies), physical obstructions (walls, buildings, vegetation, etc.), network congestion and traffic, Modem placement within the residence, interference from household appliances and electronics, device connectivity and intensity of usage, number and type of connected devices, network management policies (including traffic prioritization and throttling), compliance with SMART’s Fair Usage Policy (FUP), weather conditions (such as extreme temperatures, storms, or humidity), Modem firmware and software versions, and compatibility and capability of connected user devices. The Subscriber acknowledges that these variables can affect the overall Service quality and connectivity.

11. Data Boosters. The Subscriber may avail of any and all data boosters of Smart Home WiFi Postpaid from the SMART App.

12. Account Monitoring. The Subscriber may download and use the SMART App to view account details, check usage, earn points and rewards and avail of the latest data booster packs. In order to use and enjoy the features of the SMART App, the Subscriber will be required to link their Smart Home WiFi Postpaid Number to his/her SMART App account and provide a secondary mobile number, which can be the Contact Number as defined herein, where any one-time password ("OTP"), service-related notifications, advisories, and marketing promotions shall also be sent.

13. Modem and Peripherals Warranty. The Modem, SIM, Postpaid Subscription, and any and all data boosters are non-refundable in the event of loss, theft, or damage due to misuse, mishandling, neglect, or willful misconduct. However, if the Modem and/or SIM card are found to have inherent defects, the Subscriber may request for their replacement at any SMART Store or call Smart via (02) 8888-1111 from a landline or *888 from their SMART mobile. A different Number may be provided as included in the replacement SIM card, if determined, at the sole discretion of SMART, to be replaceable. The following shall apply to Modem parts found with inherent defects:

    1. 7-Day Replacement Warranty. Subscriber may request for its replacement within the seven (7) day replacement warranty period at any SMART Store. All replacements due to inherent defects are subject to the investigation and validation of the Company's Customer Care upon presentation of the required documents.

    2. 1-Year Service Warranty. If the Modem is found to be defective after the seven (7) day replacement warranty period, Subscriber may go to any of the authorized service centers for device repair. Removal of the SIM card from the Modem and/or broken/tampered SIM sticker will result in the forfeiture and cancellation of this one (1) year warranty. The 1 year service warranty and warranty terms shall be applied. The list of authorized service centers is also listed in the warranty card found in the box of the Modem, or you may check the list of authorized service centers in SMART's website.

    In case of repair and replacement, the Subscriber must present the proof of purchase to avail of the warranty. In case of void warranty (such as, but not limited to, damage due to the act or negligence of the Subscriber or other person concerned) or requests beyond the one (1)-year warranty period, the Subscriber shall shoulder the cost of the repair of the Modem.

     

14. Modem and Peripherals Replacement Requirements. The following criteria must be complied with to qualify for the 7-day Replacement Warranty:

    1. Condition of the Modem:

       • The Modem must have no visible or excessive wear and tear; and/or

       • The Modem must not show signs of physical damage, tampering, moisture intrusion, or internal component damage.

        

    2. Required Accessories and Contents:

       • All original contents of the package must be returned intact, including but not limited to:

         • Smart Home WiFi Modem;

         • Power Adapter and Cables;

         • Ethernet/ Local Area Network (LAN) Cable (if provided);

         • All accompanying documentation and manuals;

         • Original Modem packaging and box inserts; and

         • Original SIM card and packaging.

          

        

    3. Proof of Purchase:

       • Subscribers must provide any of the original documents listed below:

         • Official Receipt;

         • Signed Contract; or

         • Invoice or any applicable proof of transaction.

          

        

    4. Additional Return Conditions:

       • The Subscriber's account must be in good standing without outstanding balances or pending disputes.

       • The SIM card provided with the Modem must not have been transferred, altered, tampered with, or replaced.

       • Modem serial numbers, International Mobile Equipment Identity (IMEI) numbers, and SIM Card Integrated Circuit Card Identifier (ICCID) must match SMART's records.

        

     

15. Term. This Agreement 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 and activation of the Service and shall continue to be effective for the duration of the period stated in the Subscriber Application Form ("SAF"). This Agreement shall be automatically renewed for similar periods unless terminated earlier by either or both parties in accordance with SMART's policies on termination of Service. In case of renewal, SMART may amend, change or modify the applicable rates.

Service Charges

16. Service Fee and Other Charges. Upon approval of application for Postpaid Subscription, the Subscriber shall pay SMART a Monthly Service Fee (“MSF”) in advance and the processing fee prevailing at the time of approval of application for subscription. Succeeding MSF and any and all charges must be paid on or before the Due Date indicated in the Billing Invoice (“INV”). Fees for the Service and any and all charges shall be included in the Subscriber’s INV. Non-receipt of the Billing Invoice shall not excuse the Subscriber from paying the MSF and any and all charges incurred in relation to the Service. Non-payment of these bills or refusal on the part of the Subscriber to pay bills arising from these transactions, including charges for availed data boosters, shall be sufficient ground for SMART to discontinue the Service, subject to the applicable pre-termination fees.

17. Changes in Service. The Subscriber agrees to pay for any and all charges for changes in Service feature including, but not limited to, reconnection, change of service package and change of ownership. SMART reserves the right to make changes in the Service for technical and other reasons, with due notice to the Subscriber.

Payment Terms

18. Due Date. The Subscriber shall pay on or before the date specified in the service bill ("Due Date") all accounts due to SMART in respect of: 1) monthly fixed fee for the Service or the MSF, as invoiced; 2) any and all charges incurred in using the Service as applicable; and 3) all applicable Philippine taxes as included in the billed charges.

    SMART will deliver the Subscriber's INV via email or make it accessible through the SMART App at regular intervals at the end of applicable billing cycles. 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 App, Website, Customer Care Hotline, or any SMART Store and effect payment, without need for further notice or demand on or before the Due Date.

    The Subscriber acknowledges that SMART has advised him that SMART may suspend Service in case of the Subscriber’s failure to pay any bill on or before the specified Due Date. SMART shall bill the Subscriber at monthly intervals but reserves the right to alter the date of billing or interval of billing.

19. Billing Disputes. If the Subscriber in good faith disputes any portion of the SMART INV, the Subscriber shall submit to SMART, within twenty-one (21) days from INV date, a written documentation identifying and substantiating the disputed amount and shall make full payment of the undisputed portion of the INV within the Due Date. If the Subscriber does not report a dispute within the said twenty-one (21) day-period, the Subscriber shall irrevocably waive his dispute rights for that INV and the billing shall be deemed to be correct and final. Any disputed amount resolved in favor of the Subscriber shall be adjusted in the next INV. Any disputed amount determined to be payable to SMART shall be due within seven (7) days of the resolution of the dispute. If the 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, the Subscriber’s account shall be deemed to be past due and unpaid. In such event, SMART shall be entitled to pursue any and all legal remedies provided in this Agreement, including suspension or disconnection of Service.

Fraudulent, Unauthorized Use or Illegal Use and Abusive Conduct

20. If the Subscriber, or any other person, at the sole discretion of SMART, is found to use the Service for any unlawful, illicit, abusive and/or fraudulent purpose or activities, or is found to use abusive and/or indecent language to other subscribers or SMART’s staff and partners, SMART reserves the right to disconnect the Service and/or refuse to reconnect the Subscriber. SMART also reserves the right to file the appropriate legal action against the erring Subscriber or person/s concerned.

    The Service is intended for personal and authorized commercial use only. The Subscriber shall not engage in the following activities (collectively, the “Unauthorized Activities”):

    1. Any unauthorized commercial use of the Service, including, but not limited to, (a) reselling, redistributing, or sublicensing of the Service or any portion thereof; (b) providing the Service or access to the Service to third parties for a fee or other consideration; (c) using the Service to operate or facilitate a business, service, or platform that generates revenue from third-party utilization; and (d) using the Service to provide internet access, data services, or related services to others without the prior express written consent of SMART;

    2. Utilization of the Service in bypassing or in activities that tend to bypass the SMART network, billing and/or traffic routing;

    3. Use of the Service in prohibited services like callback, dial back, unauthorized audio text, international and national simple resale (ISR/NISR), international revenue share fraud (IRSF), premium rate service (PRS) fraud, internet fraud, hacking, SMS spamming, SMS flooding, SMS hoax, and other similar services;

    4. Tampering, altering, modification, or unauthorized programming of the SIM card or its digital reference;

    5. Use of SIM cards with unauthorized types of devices apart from the intended hardware (i.e., Modem);

    6. Abusive use of data services;

    7. Activities that are considered unlawful by the laws of the Republic of the Philippines;

    8. 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.;

    9. Excessive contribution to network congestion, which results to disruption of other subscribers' access to the network and diminishes network performance; or

    10. Use of high bandwidth applications and services like operation of servers, web broadcasting, and the like.

    Any unauthorized use of the Service that directly or indirectly results in financial gain through the utilization of third parties is strictly prohibited. If SMART determines, in its sole discretion, that the Subscriber is engaging in any of the aforementioned Unauthorized Activities, SMART reserves the right to take necessary actions including, but not limited to, the following:

    • Implement network management practices to improve its service, to reduce network congestion, and/or to adapt to technological advancements;

    • Downgrade Subscriber's data speed in case of excessive usage at any point;

    • Obtain and monitor Subscriber's usage information through reasonable and legal methods; and/or

    • Immediately disconnect, interrupt, or terminate the Subscriber's data services without prior notice and without refund.

    Factors considered in the determination of whether the Subscriber has engaged or is continuously engaging in any of the Unauthorized Activities, may include, but are not limited to, excessive data usage, multiple simultaneous connections more than the allowed number of devices, and evidence of reselling or providing the Service to others for profit.

     

21. The Subscriber shall likewise be liable to SMART for any and all compensation fee on account of any of the above Unauthorized Activities. 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 be charged against the Subscriber if proven accountable for such Unauthorized Activity. For this purpose, SMART 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 total amount of compensation fee payable. In the absence of said record, SMART 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 Service for any activity that is contrary to 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 SMART 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 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. 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.

Suspension / Disconnection of Service

22. Default. The Subscriber agrees that in the event of failure to pay the MSF and other charges by the Due Date, his/her Postpaid Subscription account shall no longer be deemed current and at the option of SMART, the Service may be suspended, or discontinued without the need for judicial declaration, and the provisions on termination shall apply.

23. Disconnection. The Subscriber agrees that SMART may, without prior notice, disconnect the Service if his/her bill remains unpaid after the specified Due Date. The Subscriber also agrees that SMART may suspend or terminate the Service in any of the following instances: (a) violation by the Subscriber of the Terms and Conditions of this Agreement; (b) misrepresentation or false statements by the Subscriber in the application for the Service; (c) illegal connection or use of unauthorized equipment or accessories; (d) suspicious fraudulent misuse or abuse of the Service, Modem and/or Peripherals; (e) unauthorized transfer of Service; (f) failure to notify SMART of change in registered or billing address; and (g) any 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 the Subscriber to correct or rectify the ground for discontinuance of Service within thirty (30) days from suspension of Service, 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. Disconnection of Service shall not be construed as a waiver of any and all outstanding tariff, charges, penalties, and surcharges accruing on overdue bills. The Subscriber agrees to hold SMART 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.

24. Reconnection. In the event of suspension or disconnection, SMART may, at its sole discretion, restore the Service and/or require the Subscriber to rectify the cause of suspension upon payment of all outstanding obligations by the Subscriber, including any and all applicable fees. SMART may charge such fees for reconnection of the Service as it shall in its sole discretion determine.

Termination of Service

25. Termination by Subscriber. The Subscriber may terminate his/her Postpaid Subscription in writing by giving one (1) month prior notice for cancellation and by fully settling all of his/her outstanding obligations with SMART. If the termination is made during the lock-in period as stated in the SAF, the Subscriber shall pay a pre-termination fee in the amount of the full MSF multiplied by the number of the months left in the lock-in period as stated in the SAF or as may be specified at the sole discretion of SMART. In determining the unexpired period, a fraction of a month shall be considered as one (1) month (the “Pre-termination Fee”).

26. Termination by SMART. SMART may terminate the Service or this Agreement for non-payment or delay in payment of the Subscriber’s accountabilities or violation by the 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 as stated in the Subscriber Application Form, the Subscriber shall pay the Pre-termination Fee.

27. Data Privacy. SMART may collect, use, and disclose personal information as set forth in the SMART Home WiFi Postpaid General Privacy Notice (https://smart.com.ph/Corporate/privacy/home-wifi-postpaid).

28. 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 Services including, without prejudice to the generality of the foregoing, any loss, costs, compensation, damage or liability to the Subscriber or third parties caused by:

    1. 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

    2. Circumstances beyond SMART's control (including but not limited to 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); or

    3. 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) below; or

    4. Theft or unauthorized use of the Modem and/or Peripherals or any loss, costs, damages or compensation incurred by or payable to any third party by the Subscriber; or

    5. Any inherent defect in the Modem and/or Peripherals or any defects or damage to the Modem and/or Peripherals resulting from use other than in the normal and customary manner;

    6. Transmission or non-transmission of any illegal, false, misleading, derogatory, libelous, obscene or vulgar messages or information.

     

29. Limitation of Liability. SMART shall not be responsible for delays or for failure or omission of its Service due to any cause beyond its control not due to its willful and intentional fault or gross negligence and which cannot be overcome by the exercise of due diligence including, but not limited to, labor disturbance, human or equipment breakdown, acts of God, or force majeure, whether or not the cause be of the same class or kind as those herein. The Subscriber agrees that in such case, the operation of this Agreement and delivery and rendering of 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, SMART 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 SMART’s employees or duly authorized agent which liability shall not exceed the amount of FIVE-THOUSAND PESOS (P5,000.00) as may be proven in a court of law.

    Further, SMART is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, technical problems of the phone or of any phone network, or any combination thereof, including any injury or damage to users or any other person’s phone related to or resulting from participation in or sending or receiving of any communication of any materials in this Service.

    Furthermore, SMART does not assume any responsibility for, and will not be liable for, any loss or damages resulting from the failure of the Service caused by a malfunction of the SMART network or Modem and/or Peripherals for any reason whatsoever, or any viruses that may infect the Subscriber’s devices, telecommunication equipment or other property caused by, or arising from the Service. We do not guarantee continuous, uninterrupted, or secure access to the internet through the Service as the Service may be interfered with by numerous factors outside of our control. IN NO EVENT WILL SMART OR ANY OF ITS OFFICERS, DIRECTORS, BOARD OF TRUSTEES, EMPLOYEES, SPONSORS, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LAW AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.

30. Indemnification. The Subscriber shall indemnify and hold harmless SMART, 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 the Service or the internet; (b) the Subscriber’s violation of any of these Terms and Conditions, including without limitation, the Subscriber’s breach of any of the representations and warranties herein; (c) the Subscriber’s violation of any third-party right, including without limitation any claims for defamation, invasion of privacy, disparagement or alleged violation of publicity rights or intellectual property rights; and (d) the Subscriber’s violation of any law, rule or regulation of the Republic of the Philippines relating to his/her use of the Service.

31. 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.

Miscellaneous.

32. Assignment by SMART. SMART reserves the right to transfer or assign its rights and obligations under this Agreement whether in parts or in whole to any third party.

     

33. 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.

34. Waiver. No waiver by SMART of any breach shall operate as a waiver of any other or subsequent breach. SMART shall not be prejudiced or restricted by any concessions, indulgence or forbearance.

     

35. Force Majeure. SMART shall not be responsible for damages, delays, non-performance or failure in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, flood, typhoon, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

     

36. Disclaimers. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS”. SMART, ITS EMPLOYEES, AGENTS, SUPPLIERS, VENDORS AND DISTRIBUTORS DOES NOT GUARANTEE THE FUNCTIONALITY, AVAILABILITY, OR CONTINUITY OF THE SERVICE AT ANY TIME, AND 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 THE SMART SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT POSSIBLE BY LAW OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS. WHILE WE TRY OUR BEST TO PROVIDE THE MOST ACCURATE AND UP TO DATE INFORMATION, SMART DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICE. SOME INFORMATION, MATERIALS, AND SERVICES PROVIDED MAY BE OUT OF DATE AND SMART DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

    SMART SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE OR LOSS SUFFERED OR INCURRED BY THE SUBSCRIBER THAT MAY ARISE BY REASON OR IN CONNECTION WITH THE PROVISION OF THE SERVICE OR THE ACCESS OR THE USE OF THE SERVICE BY THE SUBSCRIBER.

37. Release. In the event that you have a dispute with one or more other users of the Service, you release SMART (and each of our officers, directors, board of trustees, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

38. Applicable Laws and Venue. These Terms and Conditions shall be construed and enforced under the laws of the Republic of the Philippines. The parties hereby consent to and submit to the exclusive jurisdiction of the courts in Makati City, Philippines. The Subscriber hereby expressly waives all claims to any other venues.

39. Cost of Collection. In case it will be necessary to use a lawyer or collection agency, the Subscriber shall pay up to 45% of the amount due as collection or attorney's fees, in addition to damages or billing for services, penalty, charges and surcharges.

40. General. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall continue to be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or other subscribers does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 29 (Limitations of Liability), 30 (Indemnification), and 37 (Release) shall survive any termination or expiration of these Terms and Conditions or your use of Service.

41. Entire Agreement. These Terms and Conditions together with all attachments incorporated herein specifically by reference are the entire agreement between the Subscriber and SMART and supersede any prior understandings or agreements (written or oral). If you do not agree to these Terms and Conditions, please do not continue using the Service.

42. Modification. SMART reserves the right at its absolute discretion to modify, delete or add to any of these Terms and Conditions at any time without further notice. It is the Subscriber’s responsibility to regularly check any changes to these Terms and Conditions available in the SMART website. The Subscriber’s continued use of the Service after any such changes constitutes acceptance of the new Terms and Conditions.

43. Intellectual Property Notice. SMART is the owner of the Service and the owner/ authorized licensee of all copyright, trademarks, design rights, content, graphics, text selections, or any other intellectual property rights used in the Service. All rights are reserved.

Last updated on October 2, 2025