SMART PREPAID GSM SERVICE TERMS AND CONDITIONS
By using the SMART Prepaid GSM Service (“Service”), the Subscriber agrees to the following:
- The SMART Prepaid GSM Service is designed to work only if the subscriber has the following:
- a GSM dual-band or higher cellular mobile telephone handset, compatible with the 2G/3G/4G/LTE/5G
- a dual-band or higher mobile WiFi device; official SMART devices;
- a SMART Prepaid GSM SIM Card; and
- airtime value loaded into subscriber’s account.
- The Subscriber acknowledges that the SIM performance the Subscriber may experience will depend on the type
of device used, network signal detected, and the current subscriber traffic. Data speed may also vary from
one place to another.
- The SMART Prepaid SIM and Data, Call and Text Cards are neither refundable nor redeemable for cash, either
in part or in full.
- The SMART Prepaid GSM SIM Card cannot be used with handsets which are:
- SIM-locked to networks other than SMART; or
- blacklisted by SMART due to theft, loss, non-payment or other reasons.
SMART reserves the right to SIM-lock handsets as part of the SMART Prepaid Phone Kit for use only of its own
services. A SMART Prepaid Phone Kit, availed from SMART, is qualified to be unlocked only after 24 months
from date of purchase by providing a valid Official Receipt and the device’s IMEI number. Full details for
unlocking a SMART Prepaid Phone Kit can be found in Smart’s website.
- The SMART Prepaid GSM Service requires for its use, reload of value through the GigaLife App, SMART or TNT
Data, Call and Text Card, SMART Load or PasaLoad. After value is loaded into the SMART Prepaid GSM SIM Card,
such value shall be valid for a specific period of time as indicated at the time of purchase or loading, as
the case may be. Any unloaded SMART or TNT Data, Call and Text Card shall expire on the date shown at the
reverse portion of the card. It shall be the Subscriber’s responsibility to be informed of the validity and
the specific terms and conditions of any load package loaded or purchased.
- The Subscriber’s Smart Prepaid SIM card will be PERMANENTLY DISCONNECTED: (1) if the SIM card remains
unactivated or unused until the indicated expiry date written on the SIM packaging, or (2) if the activated
SIM card has zero load balance for at least one hundred twenty (120) consecutive days.
Smart Prepaid SIM cards will not be reconnected, and mobile numbers associated with the disconnected SMART
Prepaid SIM Cards cannot be reacquired. A new Smart Prepaid SIM card must be purchased to continue availing
the Prepaid Service. The Company shall not be held responsible to replace any permanently disconnected SIM
To avoid getting disconnected and to continue using Smart Prepaid Service, the Subscriber must
top up his prepaid account with any regular load amount (e.g. eLoad 30, TicketLoad15, Call and Text Card
- Subscriber is allowed only five (5) attempts per calendar day to correctly load a value of the SMART Data,
Call and Text Card. Otherwise, the Subscriber will have to wait for the next day (12:00 midnight) to
correctly load the SMART Data, Call and Text Card.To avoid getting disconnected and to continue using Smart
Prepaid Service, the Subscriber must top up his prepaid account with any regular load amount (e.g. eLoad 30,
TicketLoad15, Call and Text Card 100).
- All outgoing calls and text messages will be charged based on prevailing tariff rates, plus all applicable
toll charges and taxes. The use of the SMART Prepaid GSM Service (including, but not limited to, calls to
wrong numbers, fax tones, answering machines, subscriptions to and availments of value-added services) shall
be the subscriber’s sole responsibility regardless of who actually made the calls or sent the text messages.
- The security and care of the SMART GSM handset, SMART Prepaid GSM SIM Card and SMART Data, Call and Text
Card and the confidential codes (PIN1, PIN2, PUK1 and PUK2) shall be the subscriber’s full responsibility.
The Company has no obligation to answer inquiries regarding these confidential codes. Furthermore, the
Company is under no obligation to provide call details or itemized bills for calls and text messages made or
received using the SMART Prepaid GSM Service.
- The SMART SIM Cards, SMART Data, Call and Text Cards, SMART Phone Kits and any airtime values are
non-refundable and non-replaceable in the event of loss, theft, or damage due to misuse, mishandling or
neglect. The SMART SIM Card found inherently defective will be replaced within seven (7) days from date of
activation. Inherently defective SMART Prepaid Load Cards (no PIN, incomplete PIN, unclear numbers) can be
replaced only if there has been no prior usage of the card.
Inherently defective GSM handsets of the
SMART Prepaid Phone Kits can be replaced within fifteen (15) days from date of purchase. All replacements
due to defects are subject to the investigation and validation of the Company’s Customer Care upon
presentation of required documents.
- The Company’s liability for the loss or damage caused by defects in the performance or non-performance of
the SMART Prepaid GSM Service, shall be limited to a credit in the subscriber’s favor for the amount paid
for the SMART SIM Card, SMART Prepaid Card, or SMART Phone Kit. The Company shall not be liable for any
failure of the SMART Prepaid GSM Service or for any loss, damage, theft, and misuse of the SMART Prepaid SIM
Card, SMARTData, Call and Text Card, or any GSM handset used as part of the SMART Prepaid Service.
- Except as otherwise provided herein, the Company does not expressly or impliedly warrant the condition or
merchantability of the information or communication services provided through the SMART Prepaid GSM Service
for any particular use or purpose. All information and translations are provided on an “AS IS” basis.
- If the Subscriber, or any other person, at the sole discretion of the Company, is found to use the Service
for any fraudulent purpose or illegal activities, or is found to use abusive and/or indecent language to
other Subscribers or Company staff, the Company reserves the right to disconnect the Service and/or refuse
to reconnect the Subscriber. The Company also reserves the right to file the appropriate legal action
against the erring Subscriber or person/s concerned, and to charge the appropriate pre-termination fee, if
The Subscriber’s right to use the Service is personal to the Subscriber. The Subscriber shall
not engage in the following activities (“Unauthorized Activities”):
- Resale or any commercial use of the Service, without the prior express written consent of SMART;
- Utilization of the Service in bypassing or in activities that tend to bypass the SMART network,
billing and/or traffic routing;
- 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; or
- Tampering, altering, modification, or unauthorized programming of the SIM Card or its digital
The Subscriber shall likewise be liable to SMART for any and all damages resulting from any of the above
The Subscriber shall be liable to the Company 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 be
charged against the subscriber if proven accountable for such Unauthorized Activity. For this purpose, the
Company 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, the Company 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 the
Company 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 the Company 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.
- The Company 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 provision 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:
- 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 the C`ompany's control (including, but not limited to, acts of God, strike,
labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning,
interference or damage bythird parties or any change in legislation);
- any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any
information transmitted to or from the Subscriber howsoever caused;
- theft or unauthorized use of the SIM Card or any loss, costs, damages, or compensation incurred by
or payable to any third party by the Subscriber; or
- transmission or non-transmission of any illegal, false, misleading, derogatory, libelous, obscene or
vulgar messages or information.
- The Company reserves the right to disconnect or refuse to connect the SMART Prepaid GSM Service in the event
that the Subscriber is found to have used it for any unlawful, fraudulent, illicit or abusive purpose, as
determined by the Company.
- The Company is not responsible for any problems or technical malfunction of any telephone 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.
- By using the Service, the user expressly releases and agrees to keep the Company indemnified from any claim,
cost, demand, tax, liability or damage suffered or incurred by the Company or its directors, employees or
agents, arising directly or indirectly out of entry into the Service.
- Content (including, but not limited to, information, communications, software, images and sounds contained
on or available through the Service) is provided by SMART, its content providers and or third party
licensors. The intellectual property rights to or over the contents contained in the content belong to
SMART, its content providers and/or third party licensors. All rights are reserved. The contents of the
Service cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or
transmitted in any form or by any means including, but not limited to, electronic, mechanical photocopying
or recording. Without prejudice to the foregoing, you agree that the material and content contained within
or available through the Service may not be used for commercial purposes or distributed commercially.
- These Terms and Conditions shall be in effect from the date of availment of the Smart Prepaid GSM Service.
- The Company reserves the right at its absolute discretion to modify, delete or add to any of the Terms and
Conditions of this Agreement 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 Company’s website. The
Subscriber’s continued use of the Service after any such changes constitutes acceptance of the new Terms and
- These Terms and Conditions shall be construed in accordance with Philippine law, including matters on
enforcement and performance. All suits involving the SMART Prepaid GSM Service shall be filed with the
proper courts in Makati City, Metro Manila, Philippines only.
T&C version as of March, 2022