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”) 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”).
- DEFINITION OF TERMS
- Application refers to a Subscriber’s application to be registered under the SIM Registration
Act and the SRA IRR.
- Automatic Deactivation refers to the automated process of rendering a SIM incapable of
being used for outgoing and incoming calls, internet access, or sending and receiving
messages, upon the expiration of the period for registration under the SIM Registration Act
and the SRA IRR.
- 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.
- Foreign Subscriber refers to a Subscriber who is a foreign national.
- Local Subscriber refers to a Subscriber who is a Philippine national.
- Subscriber refers to any individual who purchases or obtains a SIM from SMART, its agents,
resellers or any other entity and who falls in either of these categories:
- New Subscriber refers to either a Postpaid Subscriber or Prepaid Subscriber who
purchases or obtains the SIM after the SIM Registration Act Effective Date; or
- Existing Subscriber refers to either a Postpaid Subscriber or Prepaid Subscriber who
purchases or obtains the SIM prior to the SIM Registration Act Effective Date.
- 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.
- 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.
- 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.
- 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.
- SIM Registration refers to the process by which (1) new and existing Subscribers (the
“Applicant”), as the case may be, will register a SIM, acquired either through (i) the
Company or (ii) through the Company’s array of registered dealers and resellers within the
Philippines or selected international communities, through the provided channels, to
activate or continue their use of SIM services; and (2) SMART will verify or confirm the
data and information provided.
- SIM Registration Act Effective Date means 27 December 2022.
- SIM REGISTRATION
- The Company shall provide the SIM Registration service free-of-charge to all of the
Company’s Subscribers.
- 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.
- (1) All Existing Subscribers with Prepaid Subscriptions shall register their SIM on or
before one hundred eighty (180) days from the SIM Registration Act Effective Date or any
extension of this period as may be approved by the Department of Information and
Communications Technology (the “Registration Period”). Failure to do so shall result in the
Automatic Deactivation of the SIM. The Deactivated SIM may only be reactivated upon
successful completion of the SIM Registration process not later than five (5) days after
such Automatic Deactivation.
2) Existing Subscribers with Postpaid Subscriptions shall be deemed registered, with or without confirmation by such Postpaid Subscribers that the data and information previously provided to the Company (the “Information”) remains true and accurate, for as long as the account is active. SMART shall be allowed to register the SIM using the full name, date of birth, sex, address and proof of identification that is already on record. Should the Subscriber wish to change and/or update any of his/her personal information or to be excluded from the SIM Registration database, he/she may call the Customer Care hotline (*888) or visit the nearest SMART store. Subscribers who opt to be excluded from the SIM Registration Database, shall undergo voluntary permanent disconnection and shall comply with requirements (the “Deactivation Requirements”) to process such. The request to be excluded from the SIM Registration database will not be acted upon if Subscriber fails to comply with the Deactivation Requirements.
- SIM Registration for Prepaid Subscribers (whether a New Subscriber or an Existing
Subscriber) 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 or (ii) through
assisted channels via SMART retail stores located nationwide.
- 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.
- REGISTRATION FOR POSTPAID SUBSCRIBERS
- Existing Subscribers, shall be deemed registered, with or without confirmation that the Information provided remains true and accurate. The Existing Subscriber with Postpaid Subscription may provide their confirmation through the different SMART channels, which includes but is not limited to SMS, calls or webforms. Complete list of channels is available at https://smart.com.ph/Pages/simreg-faqs. SMART shall be allowed to register the SIM using the full name, date of birth, sex, address and proof of identification that is already on record. Should the Subscriber wish to change and/or update any of his/her personal information or to be excluded from the SIM Registration database, he/she may call the Customer Care hotline (*888) or visit the nearest SMART store. Subscribers who opt to be excluded from the SIM Registration Database, shall undergo voluntary permanent disconnection and shall comply with requirements (the “Deactivation Requirements”) to process such. The request to be excluded from the SIM Registration database will not be acted upon if Subscriber fails to comply with the Deactivation Requirements.
- For New Subscribers, and Subscribers renewing their Postpaid Plans, 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.
- REGISTRATION REQUIREMENTS FOR PREPAID SUBSCRIBERS: (WHETHER A NEW SUBSCRIBER OR EXISTING
SUBSCRIBER)
- For Local Subscribers, a registration form must be accomplished and submitted electronically
through the SIM Registration Portal containing the following information:
- Full Name;
- Date of Birth;
- Complete Address;
- Sex;
- Assigned Mobile Number and SIM Serial Number;
- Type of ID Presented;
- ID Number; and
- 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 limted 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.
- For Foreign Subscribers, a registration form must be accomplished and submitted
electronically through the SIM Registration Portal containing the following information:
- Full Name;
- Nationality;
- Passport Number;
- Date of Birth;
- Address in the Philippines;
- Alternative Contact Number or Email Address (optional); and
- 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:
- Passport;
- Proof of Address in the Philippines;
- Return Ticket to own country of the tourist, or any other ticket showing the date and
time of departure from the Philippines.
For foreign nationals holding other types of visas, the following documents must be submitted
in support of the application:
- Passport;
- Proof of Address in the Philippines;
- Alien Certificate of Registration Identification Card of ACRI-Card issued by the Bureau
of Immigration (BI);
- Alien Employment Permit issued by the Department of Labor and Employment (DOLE);
- School registration and ID for students;
- For Persons of Concern, the type of travel or admission document validly issued by the
Department of Justice; and/or
- Other pertinent documents, whichever is applicable.
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.
- SIM REGISTRATION APPLICATION AND CONFIRMATION OF REGISTRATION
- 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:
- Locked for Review, for which the Subscriber must await an SMS detailing updates on
the status of the review of the Application.
- 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.
- 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.
- Once the Application is submitted and confirmed, the successful submission and acceptance
of these Terms shall serve as the certification of Subscriber's registration.
- POST- SIM REGISTRATION OBLIGATIONS OF SUBSCRIBER
- In case of any change in the information of the Subscriber (as uploaded in the SIM
register), loss or theft of the SIM, 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 in the SIM register within the period prescribed by the SIM
Registration Act.
- 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.
- 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.
- 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.
- Prior to any transfer of a registered SIM, the Subscriber shall report the same to the
Company through any SMART retail stores, social media channels, by e-mail
UXTeam@smart.com.ph and 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.
- A Subscriber undertakes not to sell or transfer registered SIMs without complying with the
registration requirements under the SIM Registration Act and the SRA IRR.
- 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.
- The Applicant 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.
- Transactions resulting to fraud or SIM usage for fraudulent texts or calls will, after due
investigation, entail penalties under applicable laws and regulations and be subjected to
the proper observance of the Company policies relevant to such transactions including the
right of the Company to deactivate the SIM, temporarily or permanently.
- 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.
- MISCELLANEOUS TERMS
- 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.
- 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.
- 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.
- 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.
- 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