SIM REGISTRATION TERMS AND CONDITIONS
The following Terms and Conditions (“Terms”) shall apply to the Subscriber Identity Module Registration Service (“SIM Registration Service”) that will provide 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”).
- Definition of Terms:
- Subscriber refers to any individual or juridical entity which purchases a SIM from SMART, its agents, resellers or any other entity;
- New Subscriber refers to a Subscriber who purchases the SIM after the effectivity of the SIM Registration Act, or on or after the 28th of October 2022;
- Existing Subscriber refers to a Subscriber who purchased the SIM prior to the effectivity of the SIM Registration Act, or before the 28th of October 2022;
- Local Subscriber refers to a Subscriber who is a Philippine national;
- Foreign Subscriber refers to a Subscriber who is not a Philippine national;
- Postpaid Subscription refers to the subscription wherein service is provided by virtue of a prior arrangement with the Company, and the Subscriber thereof 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. 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, 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 wherein a Postpaid Subscriber or Prepaid mobile Subscriber, as the case may be (the “Applicant”) is required to register and verify 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 the use of SIM services
- SIM REGISTRATION
- The Company shall provide the SIM Registration service free-of-charge to all of the Company’s Subscribers.
- All New Subscribers shall be required to register their SIMs with the Company as a pre-requisite to the activation thereof. The SIM shall be sold in a deactivated state and shall only be activated after the Subscriber completes the process of SIM Registration.
- All Existing Subscribers shall register their SIM with the _________ on or before 180 days from October _, 2022 or not later than April ___ 2023. 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.
- SIM Registration can be performed either through (i) the Company’s designated online portal (“SIM Registration Portal”) accessible via the following link ________or (ii) through assisted channels via SMART retail stores located nationwide.
A Postpaid Subscriber may submit the required documents via available channels.
- A minor, or a Subscriber who shall be less than eighteen (18) years of age, may not register the SIM in his/her own name. The registration of a SIM by a minor shall be done by the minor’s parent or guardian under said parent or guardian’s name.
- Registration Requirements
- 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;
- Assigned Mobile Number and SIM Serial Number;
- Alternative Contact Number or Email Address – the Company shall use this information to contact the Applicant should there be any concerns on the Applicant’s registration form.
Local Subscribers shall likewise submit at least one (1) valid government-issued identification (ID) cards, such as, but not limted to the following:
For Foreign Subscribers, a registration form must be accomplished and submitted electronically through the SIM Registration Portal containing the following information:
- 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.
- Full Name;
- Passport Number;
- Address in the Philippines;
- Alternative Contact Number or Email Address
For foreign nationals holding a Tourist Visa, the following documents must be submitted in support of the application:
- 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.;
SIMs that are registered by foreign nationals holding a tourist visa, shall only be valid temporarily for thirty (30) days, and shall automatically be deactivated upon expiration.
For foreign nationals holding a Non-Tourist Visa, the following documents must be submitted in support of the application:
SIM REGISTRATION APPLICATION (the “Application”)
- 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; or
- Other pertinent documents, whichever is applicable.
Post-SIM Registration Application
- Subject to the Applicant’s consent, the Company may assist the Applicant in accomplishing the SIM Registration provided that the Applicant submits the necessary documents and information. The SIM Registration Application Form shall include an authorization by the Applicant in favor of the Company that will allow the Company to, among others, do the following:
- Assist the Applicant in carrying out the SIM Registration process;
- Obtain any and all information, documents and other pertinent documents relating to the verification of the submitted information by the Applicant;
- Further verification of submitted information through phone call; and
- Deny the Applicant’s application should it not meet the criteria set by the Company in observation of the provisions stated in the SIM Registration Act.
For the avoidance of doubt, the foregoing authorization in favor of the Company is intended solely to enable the Company to assist the Applicant in the completion and verification of the SIM Registration Process. It does not, in any way, guarantee approval of the SIM Registration Application.
- Except in the case of minors, SIM Registration Applications must be accomplished by the person who is in possession and is currently utilizing the SIM about to be registered. The Company may only assist the Applicant in filling up the forms and verifying the requirements, however the Applicant must be present throughout the duration of the SIM Registration either through the SIM Registration Portal or through assisted channels.
- The Company shall, upon receipt of the Application, review the submitted documents and upon completion of the verification process, the Company shall immediately notify the Applicant if the SIM Registration Application is:
- Approved, for which the Subscriber shall receive an SMS detailing the successful registration of the SIM card
- For New Subscribers, the SIM will be activated within __ hours from such notice of approval;
- For existing subscribers, there shall be no interruption to the SIM service.
- Locked for Review, for which the subscriber must await an SMS detailing updates on the status of the review of the Application
- 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 Company shall endeavor to complete the SIM Registration Process within twenty four (24) to forty eight (48) hours from the Company’s receipt of the complete Application. The Company shall likewise endeavor to activate/deactivate, as the case may be, the newly registered SIM’s service within twenty four (24) to forty eight (48) hours from the Company’s receipt of the Application.
Representation and Warranty
- In case of any change in the information of the Subscriber, loss of the SIM, defect in the SIM or any request for deactivation, for whatever reason, the Subscriber shall immediately inform the Company through ______, of such fact.
- 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.
- In case of loss of the SIM, defect in the SIM, death of the Subscriber, or any request for deactivation, the Company shall deactivate the SIM within twenty four (24) hours from such report. Replacement SIM shall be issued upon presentation of supporting documents, such as, but not limited to affidavit of Loss or Defective SIM.
- Prior to any sale or transfer of a registered Prepaid SIM, the Subscriber shall report the same to the Company through ______.
- Once the Application is approved, the successful submission and acceptance of these Terms shall serve as the certification of subscriber's registration.
- The Subscriber shall hold SMART and/or any of its directors, officers or employees free and harmless from any demands, suits, or claims resulting from any delay in the performance by the Company of its obligations under the SIM Registration Law, including the activation or reactivation of Prepaid and Postpaid SIMs.
- The Applicant shall be liable for any and all transactions made during and after the SIM Registration. Transaction ranging to calls, texts, data, usage, availing of VAS services of the Company shall be under the full responsibility of the Applicant. Transactions resulting to Fraud will entail penalties and subjected to the proper observance of the Company Policy.
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 warrants that s/he shall update his or her information with the Company immediately upon change of any details thereof.
- 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.
- These Terms shall primarily govern individual Subscribers, except when otherwise provided herein. Separate Terms and & Conditions shall be promulgated for corporate clients, SIM card dealers and retailers.
- 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 August, 2022