Mobile Number Portability Terms & Conditions

TERMS AND CONDITIONS

Mobile Number Portability

The following terms and conditions shall apply to the Mobile Number Portability Service (“MNP Service”) that will be provided by Smart Communications, Inc. (“SMART” or the “Company”) in accordance with Republic Act No. 11202 or the Mobile Number Portability Act and its Implementing Rules and Regulations set out in NTC Memorandum Circular No. 03-06-2019 (the “MNP Law”).

  1. The MNP Service refers to the process that allows a postpaid or prepaid mobile subscriber (the “Applicant”), who has no existing financial obligation to the current mobile service provider (the “Donor Provider”), to retain his/her existing mobile number after the Applicant has opted to (i) move from one mobile service provider to another mobile service provider (“External Porting”), or (ii) change the type of mobile service plan from postpaid to prepaid, or vice versa, with the same mobile service provider (“Internal Porting”). External Porting and Internal Porting are collectively referred to herein as the “Porting Process.” The Company shall provide the MNP Service free-of-charge to all qualified Applicants.

  2. The Applicant must have the following qualifications in order to avail of the MNP Service:

    1. The Applicant’s mobile number must be an active account;

    2. The Applicant does not have any outstanding financial obligation with the Donor Provider or, in the case of Internal Porting, under the current mobile service plan with the same mobile service provider;

    3. The Applicant’s device, wherein the mobile number is being used, is not locked or restricted to any mobile service provider. In case the Applicant’s mobile number has been ported previously, a period of at least 60 calendar days has lapsed from the date of activation of the ported number.

    4. The Applicant has no pending request for transfer or assignment of the mobile number;

    5. The Applicant is not blacklisted by any mobile service provider due to fraudulent activities,

    6. The porting of the mobile number has not been prohibited by a court order;

    7. The Applicant’s mobile number is not part of a bundled service or product, and

    8. The Applicant’s mobile number is not the principal mobile number in an account with multiple mobile numbers.

  3. External Porting In to SMART

    An Applicant who intends to transfer his/her existing mobile number through the MNP Service from the current mobile service provider to the Company shall submit an application (the “Porting Application”) to the Company for External Porting. Prior to submitting the Porting Application, the Applicant must have obtained a valid Unique Subscriber Code (“USC”), which is a 9-digit code issued by the Donor Provider for each mobile number to be ported. The Company may assist the Applicant in obtaining the USC from the Donor Provider. The Porting Application shall contain an authorization by the Applicant in favor of the Company that will allow the Company to exercise all acts necessary to fully accomplish and carry out the Porting Process to its completion such as, but not limited to (i) obtain any and all information, documents, and clearances regarding the Applicant’s account with the Donor Provider including any outstanding financial obligation and the reason/s for the rejection or disapproval of the Applicant’s Porting Application; and (ii) settle or pay, at the sole option and discretion of the Company, any outstanding financial obligation that the Applicant may have to the Donor Provider, as advised to the Company pursuant to Section 3(c)(iii) hereof. For the avoidance of doubt, the foregoing authorization in favor of the Company is intended solely to enable the Company to assist the Applicant and facilitate the Porting Process. It does not, in any way, guarantee approval of the Porting Application.

    1. Porting Applications may be made in person or through a duly authorized representative, who must be in possession of (i) a written authorization from the Applicant, and (ii) a valid identification card of the Applicant. The term “Applicant” when used subsequently in this term and conditions shall refer to the Applicant and/or his/her duly authorized representative.

    2. Upon receipt of the Porting Application, the USC and satisfactory completion by the Applicant (or his/her authorized representative) of all documentary requirements for the Porting Application, the Company will issue to the Applicant a temporary subscriber identification module (“SIM”) card, which can be used by the Applicant while waiting for the completion of the Porting Process.

    3. The Company shall immediately forward the Porting Application and the USC to the Donor Provider through the Mobile Number Portability Service Provider (“MNPSP”), and within 24 hours from receipt of the Porting Application, the Donor Provider shall notify the Company, through the MNPSP if the Porting Application is:

      1. approved, for which the Donor Provider shall issue a clearance for the mobile number to be ported;

      2. rejected, for which the Donor Provider shall provide the reasons for such rejection; or

      3. pending, where the Donor Provider has determined that the Applicant has a confirmed USC but has outstanding financial obligations to the Donor Provider.

    4. If the Applicant has outstanding financial obligations with the Donor Provider (as advised to the Company pursuant to Section 3(c)(iii) above), the Applicant has 3 working days to settle such outstanding financial obligations. The Company may, at its sole option and discretion, advance the payment of the Applicant’s outstanding financial obligation to the Donor Provider pursuant to the Applicant’s authorization given in the Porting Application; and in case such advance payment is made by the Company, the Company shall notify the Applicant thereof. Any amounts advanced by the Company to settle such outstanding financial obligation of the Applicant shall be paid by the Applicant within 5 days from receipt of the Company’s statement of account and no later than the first bill payable by the Applicant to the Company after completion of the Porting Process. Should the Company decide not to exercise its option to pay the outstanding financial obligation of the Applicant to the Donor Provider, the Applicant shall pay such outstanding financial obligation within 3 working days from receipt of notice to settle from the Donor Provider in order for the Porting Application to be approved by the Donor Provider; provided that if such financial obligation remains outstanding after such 3-working day period, then the Porting Application will be disapproved by the Donor Provider, and the Company will be unable to continue with the Porting Process. If the payment for the outstanding financial obligation is done through banks or bills payment centers, the confirmation of payment shall be received by the Donor Provider within 3 working days from date of payment. Where the Applicant’s outstanding financial obligation is paid in full within the prescribed period, the Donor Provider shall, through the MNPSP, immediately transmit clearance to the Company; otherwise, the Company shall be notified of non-payment.

    5. If the Porting Application is approved, the SMART SIM mobile number (that was issued by the Company for the Applicant’s temporary use while waiting for the completion of the Porting Process in accordance with Section 3(a)) shall be converted to the mobile number to be ported. If the Porting Application is disapproved, the Applicant may opt to continue with the new subscription with the Company using the SMART SIM mobile number, otherwise, the SMART SIM mobile number will be deactivated by the Company.

    6. The ported number shall be activated by the Company within 24 hours from the Company’s receipt of the clearance from the Donor Provider. Thus, the entire Porting Process shall be completed within 48 hours from the Company’s receipt of the Porting Application. The 48-hour period shall not include the time given to the Applicant under Section 3(c) to settle his/her outstanding financial obligations with the Donor Provider and the time spent by the Applicant to request the Donor Provider to effect the unlocking of his/her mobile phone. The Company shall not be liable for any delay arising from (i) the delay in the Applicant’s settlement of outstanding financial obligations under Section 3(c), or (ii) the delay in the performance by the Donor Provider of its obligations under the MNP Law including delays in the issuance of the clearance and unlocking of the Applicant’s mobile phone under Section 3(b).

    7. There will be a maximum of 4 hours service downtime from the time the mobile service plan with the Donor Provider is deactivated until the ported number under the new SMART mobile service plan is completely activated by the Company.

    8. Once the Porting Application is approved or should the Applicant opt to continue with the subscription with the Company if the Porting Application is disapproved, the Applicant shall be deemed a subscriber of the Company (“Subscriber”) and shall be bound by the Company’s terms and conditions. The Company shall issue the mobile device, if any, for the Applicant’s new mobile service plan with the Company. The Company reserves the right to impose charges related to the new mobile service plan, such as, but not limited to (i) monthly service fees, and (ii) SIM and/or device costs. The Company shall have a separate process for the approval of the new mobile service plan, which shall be completed within the 48-hour period for the completion of the Porting Process.

    9. The Applicant shall be liable for any and all transactions made with the Donor Provider while the Porting Process is being processed, such as, outgoing calls, texts, data usage, and other transactions, including roaming charges and charges due to fraud that were not determined or considered prior to the Donor Provider’s issuance of the clearance or completion of the Porting Process (the “Residual Financial Obligations”). The Applicant will have 60 days from receipt of notice from the Company to settle any and all Residual Financial Obligations with the Donor Provider, failing which the Company shall restrict all outgoing services on the 45th day and should the Residual Financial Obligations remain unpaid on the 60th day, the Company shall immediately terminate the mobile service plan and request the MNPSP to return of the mobile number to the Donor Provider. For postpaid plans, the Applicant shall pay the Company the applicable pre-termination fees. Thereafter, the Applicant’s account can no longer be reconnected and the Company ceases to be liable to the Applicant for any service. The Company may, at its sole option and discretion, advance the payment of the Residual Financial Obligations to the Donor Provider, subject to reimbursement by the Applicant in accordance with the Company’s credit policies.

    10. An Applicant may withdraw the Porting Application by informing the Company of such withdrawal before the transmission by the Donor Provider of any clearance or information on the Porting Application.

  4. Internal Porting In to SMART

    The type of mobile service plan will be changed from postpaid to prepaid, or vice versa, within 24 hours from time of the Company’s acceptance of the Porting Application and in accordance with the Company’s existing policies. All current subscriptions, including any prepaid load balances, rolled-over data, GigaPoints, Value Added Services (“VAS”), Company-related rewards, and other add-ons (collectively, the “Current Subscriptions”) will automatically expire once the MNP Process for Internal Porting is approved.

    1. The Subscriber shall be liable for any and all Residual Financial Obligations under the previous postpaid or prepaid mobile service plan.

    2. Contested bills, if any, under the previous postpaid or prepaid mobile service plan should be brought to the attention of the Company’s Customer Care Department within 21 days from the statement date, otherwise the Subscriber shall be deemed to have accepted the correctness or accuracy of the bill.

  5. External Porting Out from SMART

    An Applicant who intends to transfer his/her mobile number from the Company to another mobile service provider through the MNP Service may submit to the Company a Porting Application which will follow same process in paragraph 3 of these terms and conditions except that the Company will in such an event act as the Donor Provider and will comply with the obligations of the Donor Provider under the MNP Law. All Current Subscriptions will automatically expire once the External Porting is approved. If after Porting Out, the Applicant fails to settle any and all Residual Financial Obligations with the Company within 60 days from receipt of statement, despite multiple reminders, the new network provide (“Recipient Provider”) shall terminate the mobile service plan and request the MNPSP to return of the mobile number to the Company. The Applicant may no longer use the mobile number with any mobile service plan with the Company. The Company shall hold the mobile number in quarantine for such period as may be determined by the Company and thereafter, the Company may reissue the mobile number.

  6. Miscellaneous Terms

    1. The terms and conditions of the MNP Service shall be governed and construed in accordance with Philippine laws. Complaints against the Company regarding the MNP 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. The Applicant/Subscriber shall indemnify the Company against all 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.

    3. The Company reserves the right at its absolute discretion to modify, delete, or add to any of the terms and conditions of the MNP Service at any time.