TERMS AND CONDITIONS

SIM Registration

The following Terms and Conditions (“Terms”) shall apply to the Subscriber Identity Module Registration Service (“SIM Registration Service”) that will be provided by Smart Communications, Inc. (“SMART” or the “Company”) to an individual availing its services (“Subscriber”) in accordance with Republic Act No. 11934 otherwise known as the “Subscriber Identity Module ‘SIM’ Registration Act” (hereafter, the “SIM Registration Act”) and its Implementing Rules and Regulations set out in NTC Memorandum Circular No. 001-12-2022 (the “SRA IRR”).

1. DEFINITION OF TERMS
   1. Application refers to a Subscriber’s application to be registered under the SIM Registration Act and the SRA IRR.
   2. Deactivated refers to the condition or status of a SIM rendering it incapable of being used for outgoing and incoming calls, internet access, or sending and receiving messages, except for exclusively enabling and informing such SIM to be registered
   3. Foreign Subscriber refers to a Subscriber who is a foreign national.
   4. Local Subscriber refers to a Subscriber who is a Philippine national.
   5. Persons of Concern refers to refugees, asylum seekers, stateless persons, stateless applicants, and populations at risk of statelessness as defined and covered under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
   6. Postpaid Subscription refers to the subscription wherein service is provided by virtue of a subscription of services under a contract provided by the Company, and pursuant to which, the Subscriber thereof (a “Postpaid Subscriber”) is billed at the end of the monthly billing cycle according to the use of the mobile service.
   7. Prepaid Subscription refers to the subscription wherein credit is purchased in advance of service use, and the Subscriber thereof is a “Prepaid Subscriber”. The purchased credit is used to pay for mobile phone services at the point the service is accessed or consumed. If there is no available credit, then access to the requested service is denied.
   8. SIM refers to the Subscriber Identity Module, which is an embedded circuit that securely stores International Mobile Subscriber Identity and related keys, or an electronic equivalent thereof, including e-SIMs and other variations thereof or SIMs intended for data-only or used for fixed wireless broadband modem and/or wireless local loop, machine-to-machine service and/or Internet of Things, each of which are used to identify and authenticate Subscribers on mobile devices, such as mobile phones and computers, and other electronic devices.
   9. SIM refers to the Subscriber Identity Module, which is an embedded circuit that securely stores International Mobile Subscriber Identity and related keys, or an electronic equivalent thereof, including e-SIMs and other variations thereof or SIMs intended for data-only or used for fixed wireless broadband modem and/or wireless local loop, machine-to-machine service and/or Internet of Things, each of which are used to identify and authenticate Subscribers on mobile devices, such as mobile phones and computers, and other electronic devices.
2. SIM REGISTRATION
1. The Company shall provide the SIM Registration service free-of-charge to all of the Company’s Subscribers.
2. All New Subscribers shall, consistent with their obligation under the SIM Registration Act, be required to register their SIMs with the Company as a pre-requisite to the activation thereof. For Prepaid Subscribers, the SIM shall be sold in a Deactivated state and shall only be activated after the Subscriber completes the process of SIM Registration following Clause 2(d) below. For Postpaid Subscribers, registration shall be accomplished through assisted channels prior to the issuance of the SIM and the activation thereof.
3. SIM Registration for New Subscribers availing of a Prepaid Subscription shall be accomplished either through (i) the Company’s designated online portal (“SIM Registration Portal”) accessible via the following link https://smart.com.ph/simreg (ii) through Smart’s mobile application (“Smart app”) or (iii) through assisted channels including but not limited to SMART retail stores located nationwide.
4. A minor, or a Subscriber who is less than eighteen (18) years of age at the time of registration, may not register the SIM in his/her own name. The registration of a SIM used by a minor shall be done by the minor’s parent or guardian under said parent’s or guardian’s name.
5. There is no limit to the number of SIMs that can be registered under one name. But, once a subscriber has more than five (5) SIMs registered under their name, Smart will perform further verification to ensure compliance with the requirements of the SIM Registration Law.


3. REGISTRATION FOR POSTPAID SUBSCRIBERS
1. For New Subscribers, the SIM Registration shall be done simultaneously with the application for a new, or renewal of the Postpaid Subscription, as the case may be. Upon submission of the required information and documents, the Company shall facilitate and assist the New Subscriber in completing the registration and issuance of the activated SIM, if applicable. Should further information or documents be required, the Company shall notify the Subscriber.


4. REGISTRATION REQUIREMENTS FOR INDIVIDUAL PREPAID SUBSCRIBERS:
1. For Local Subscribers, a registration form must be accomplished and submitted electronically through the SIM Registration Portal or to an authorized email address of the Company containing the following information:
1. Full Name;
2. Date of Birth;
3. Complete Address;
4. Sex;
5. Assigned Mobile Number and SIM Serial Number;
6. Type of ID Presented;
7. ID Number; and
8. Facial Liveliness check and/or live selfie photo will be required for verification; and
9. Alternative Contact Number or Email Address (optional) – the Company shall use this information to contact the Applicant should there be any concerns on the Applicant’s registration application.



Local Subscribers shall likewise submit at least one (1) valid government-issued identification (ID) card, such as, but not limited to the following:

• Passport;
• Philippine Identification;
• Social Security System (SSS) ID;
• Government Service Insurance System (GSIS) e-Card;
• Driver's License;
• National Bureau of Investigation (NBI) Clearance;
• Police Clearance;
• Firearms' License to Own and Possess ID;
• Professional Regulation Commission (PRC) ID;
• Integrated Bar of the Philippines ID;
• Overseas Workers Welfare Administration (OWWA) ID;
• Bureau of Internal Revenue (BIR) ID;
• Voter's ID;
• Senior Citizen's Card;
• Unified Multi-purpose Identification (UMID) Card;
• Person with Disabilities (PWD) Card; or
• Other valid government-issued ID with photo.
2. For Foreign Subscribers, a registration form must be accomplished and submitted electronically through the SIM Registration Portal containing the following information:
1. Full Name;
2. Nationality;
3. Passport Number;
4. Date of Birth;
5. Address in the Philippines;
6. Facial Liveliness check and/or Live Selfie Photo will be required for verification;
7. Alternative Contact Number or Email Address (optional); and
8. The additional information and documents set out below, depending on the visa type held by the foreign national.



For foreign nationals visiting as tourists under Section 9(2) of Commonwealth Act No. 613, as amended (“Tourist Visa”), the following documents must be submitted in support of the application:

1. Passport;
2. Proof of Address in the Philippines;
3. Return Ticket to own country of the tourist, or any other ticket showing the date and time of departure from the Philippines.
4. Facial Liveliness check and/ or Live Selfie Photo will be required for verification



For foreign nationals holding other types of visas, the following documents must be submitted in support of the application:

1. Passport;
2. Proof of Address in the Philippines;
3. Alien Certificate of Registration Identification Card of ACRI-Card issued by the Bureau of Immigration (BI);
4. Alien Employment Permit issued by the Department of Labor and Employment (DOLE);
5. School registration and ID for students;
6. For Persons of Concern, the type of travel or admission document validly issued by the Department of Justice; and/or
7. Other pertinent documents, whichever is applicable.
8. Facial Liveliness check and / or Live Selfie Photo will be required for verification

SIMs that are registered by foreign nationals holding a Tourist Visa, shall only be valid temporarily for thirty (30) days, and shall be subject to Automatic Deactivation thereafter. The Subscriber may request for an extension of the validity of the SIM prior to its expiration through the Company’s assisted channels, provided the said foreign national submits an approved visa extension.

Foreign nationals with other types of visas can acquire a SIM without the thirty (30) day temporary validity period.



5. SIM REGISTRATION APPLICATION AND CONFIRMATION OF REGISTRATION
1. Upon receipt of the Application, the Company shall review the submitted documents and upon completion of the verification process through Optical Character Recognition (OCR) or through Smart’s manual validation tool, immediately notify the Applicant (on the same day of receipt of the Application) if the SIM Registration Application is:
   1. Locked for Review, for which the Subscriber must await an SMS detailing updates on the status of the review of the Application.
   2. Approved, for which the Subscriber shall receive an SMS detailing the successful registration of the SIM card. Existing Subscribers will not experience interruption in their service during the Registration Period.
   3. Returned, for which the Subscriber is informed via SMS the reason for the rejection of the Application
      • For New Subscribers, the SIM will remain deactivated;
      • For Existing subscribers, the Subscriber shall be required to submit additional documents or information, as the case may be, and must do so within the Registration Period. Failure to comply shall result in the Automatic Deactivation of the SIM.
2. Once the Application is submitted and confirmed, the successful submission and acceptance of these Terms shall serve as the certification of Subscriber's registration. Once the application is approved via OCR verification process or Smart’s manual validation tool, the subscribers’ SIM will be activated.


6. POST- SIM REGISTRATION OBLIGATIONS OF SUBSCRIBER
1. In case of any change in the information provided by the Subscriber (as uploaded in the SIM register), loss or theft of the SIM that may require SIM change, defect in the SIM or any request for activation/deactivation, for whatever reason, the Subscriber shall immediately inform the Company through available assisted channels as shown in the Company’s website, of such fact, and giving such information as may be required by the Company relative thereto (the “Report”). For profile verification, the Subscriber shall likewise submit at least one (1) valid government-issued identification (ID) card. Any such changes shall be made to the Subscriber’s information, whether registered as Individual, in the SIM register within the period prescribed by the SIM Registration Act.
2. In case of internal mobile number porting (MNP) from Postpaid to Prepaid, the MNP Applicant/ Subscriber shall be deemed registered upon successful porting, using the information provided to SMART during their Postpaid application. Should the Applicant requests for change of information, the Applicant shall be required to follow the existing aftersales process of SMART.
3. In case of Change of Ownership, the Subscriber shall be required to follow the Change of Ownership process of SMART. The acquiring owner shall fill out the SIM Registration form to register the said SIM in their name.
4. In case of death of the Subscriber, such fact shall be immediately reported to the Company by the immediate family, relatives or guardian of the Subscriber, through available assisted channels as shown in the Company’s website and the Company shall deactivate the SIM within twenty four (24) hours from the Report.
5. In case of loss or theft of the SIM, the Company shall immediately effect the barring of the SIM after Subscriber verification. The SIM will be permanently deactivated upon issuance of a new SIM to the Subscriber or within twenty four (24) hours from the Report. The replacement SIM, in cases of reported loss or theft of the original SIM, shall be issued upon presentation of supporting documents.
6. In case of defect in the SIM or any request for deactivation, for whatever reason, the Company shall deactivate the SIM within twenty four (24) hours from receipt of the Report.
7. Prior to any transfer of a registered SIM, the Subscriber shall report the same to the Company through its assisted channels and the confirmation of the transferee as new Subscriber shall be subject to compliance by the transferee with SMART’s requirements for such transfers including compliance with the registration requirements under these Terms.
8. The Subscriber undertakes not to sell or transfer registered SIMs without complying with the registration requirements under the SIM Registration Act and the SRA IRR.
9. The Subscriber shall hold SMART and/or any of its directors, officers or employees free and harmless from any demands, suits, or claims (i) resulting from any delay in the performance or non-performance by the Company of its obligations under the SIM Registration Act, including the activation or reactivation of Prepaid and Postpaid SIMs where the delay or non-performance resulted from an act or omission by the Subscriber that prevented the Company from promptly performing its obligations, or (ii) a Deactivation of the Subscriber’s SIM through the Subscriber’s fault, error, negligence or inaction.
10. The Subscriber shall be liable for any and all transactions made and services availed using the SIM during and after the SIM Registration. Transactions ranging from calls, texts, data, usage, to availing of VAS services of the Company shall be under the full responsibility of the Applicant. The Applicant shall also be liable to comply with end-user obligations under the SIM Registration Act and SRA IRR.
11. Transactions resulting to fraud or SIM usage for fraudulent texts or calls will, after due investigation, entail penalties under applicable laws and regulations. The SIM and the subscription shall be subjected to the proper observance of the Company’s policies relevant to such transactions, including the right of the Company to deactivate the SIM, temporarily or permanently.
12. In compliance with the SIM Registration Law, SMART shall bar the following SIMs already registered that fall under the classification below.
    • There is incomplete information and/or documentation;
    • The information and data submitted do not match the information contained in the identification documents;
    • Large number of SIMs registered by a person or entity that failed to comply with the verification of registrants with more than 5 SIMs under one name.
    • SIMs flagged by SMART’s own system as suspiciously engaged in text scams/spams
    • SIMs including other SIMs of the same subscriber reported to Smart or investigated for being used for fraudulent text and/or call or spoofing;
    • SIMs with random use letter or characters, ridiculous or unlikely names, birthdates, addresses that fail to comply with the SIM Registration Law.
    • The Subscriber submitted fictitious or artificially-generated or edited identification documents or photographs/selfies; or
    • Other circumstances analogous to the foregoing.
    SMART shall provide notice to the Subscriber upon finding any of the above-mentioned grounds prior to barring. The Subscriber will have fifteen (15) business days from notice to access the SIM registration portal and correct any error in the submissions. If the Subscriber fails to correct the submissions for registration within the timeline, SMART shall permanently deactivate the SIM in compliance with the SIM Registration Law.
    
    In accordance to the SIM Registration Law, the foregoing correction will be without prejudice to any criminal liability of the Subscriber that may have already attached during the initial registration.
7. REPRESENTATION AND WARRANTY

The Subscriber/Applicant represents and warrants to the Company that any and all information provided to the Company, shall be true and correct, as of the date such information is furnished, in all material respects and does not omit to state any material fact necessary to make the statements contained therein not misleading. Furthermore, the Subscriber represents and warrants that he/she shall update his or her information with the Company immediately upon change of any details thereof.

8. MISCELLANEOUS TERMS
1. These Terms shall be governed and construed in accordance with Philippine laws. Complaints against the Company regarding the SIM Registration Service should be brought to the attention of the Company’s Customer Care Department. Any unresolved complaints or disputes shall be brought exclusively in the proper courts of Makati City, Philippines.
2. If the Applicant provides false or fictitious information or has used fictitious identities or fraudulent identification documents to register a SIM, the Company will report these acts to the appropriate government authority. Such Applicant providing false or fictitious information or using a fictitious identity or fraudulent identification documents to register a SIM may suffer the penalty of imprisonment ranging from six (6) months to two (2) years, or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00), or both, to be imposed by the government. The government may also impose other penalties on the Applicant for other acts that are punishable under the SIM Registration Law and the SRA IRR.
3. These Terms shall primarily govern individual Subscribers in respect of SIM registration, except when otherwise provided herein. Separate terms and conditions shall apply for corporate clients, dealers, and retailers and other terms and conditions provided in the Company’s website, where applicable, also separately apply to the Subscriber.
4. The Applicant/Subscriber shall hold SMART and/or any of its directors, officers or employees free and harmless from any demands, suits, or claims and shall indemnify the Company against all such liabilities, losses, damages, costs, charges, expenses (including legal costs) incurred by or brought against the Company arising directly or indirectly out of or in connection with any breach by the Applicant/Subscriber of his/her obligations hereunder.
5. The Company reserves the right at its absolute discretion to modify, delete, or add to any of the terms and conditions of the SIM Registration Service at any time.

T&C version as of June, 2023