Notice is hereby given to all subscribers of the PLDT Inc. (“PLDT”) Smart Bro Home WiFi service (“Smart Bro Home WiFi Subscribers”) that PLDT shall transfer all the Prepaid Home WiFi Subscribers to Smart Communications, Inc. (“SMART”) effective March 1, 2021.

As of said date, the Smart Bro Home WiFi Subscribers and all other rights, interests, and obligations of PLDT related thereunder, shall be assigned to and assumed by SMART. Effective February 1, 2021, SMART shall be the Personal Information Controller of all Smart Bro Home WiFi Subscribers.

By using the Smart Bro Home WiFi Service (the “Service”) of Smart Communications, Inc. (“SMART”, the “Company” or “we”), you, (the “Customer” or “Subscriber”) hereby agree to the following Terms and Conditions (the “Customer Terms”):

1. The Service

   1. The Service is a fixed wireless broadband service and is intended only for use with SMART’s network and cannot be used for or in conjunction with the services of other service providers. It is designed to function properly if the Customer has the following:

      1. Smart Bro Home WiFi modem (“Modem”);

      2. Smart Bro Home WiFi Prepaid SIM (“SIM”), which will have a corresponding Smart Bro Home WiFi Number (“Number”); and

      3. Airtime load or any applicable promo value loaded into the Customer’s Smart Bro Home Prepaid WiFi account (“Account”).

   2. The Company reserves the right to SIM-lock devices for its own network use only .

   3. The Company may also lock the Modem for use only with the bundled SIM. The Modem may not be used if a different SIM is inserted.

   4. The SIM is enabled to provide data service only and receiving SMS for important notification. Thus, making calls and sending of text messages are disabled.

   5. The Subscriber may receive service notifications from SMART (e.g., usage, loading, etc.) through incoming Short Message Service (“SMS”), which can be accessed through the Modem’s dashboard.

   6. The Subscriber acknowledges that the speed for the data service that the Subscriber may experience will depend on the type of device used, network signal detected, and the current subscriber traffic. The speed may also vary depending on the location.

   7. The Smart Bro Home WiFi SIM, the Modem and any prepaid amount loaded thereto are neither refundable nor redeemable for cash, either in part or in full.

2. Loading

   1. The Subscriber may purchase promos and/or load to continue using the Service through any of the following:

      1. Direct loading via any accredited loading station,

      2. Purchase of SMART load cards or

      3. Conversion of regular load to a promo offer.

   2. Subscriber is allowed only five (5) attempts per calendar day to correctly load value through any of the methods mentioned in par. 2.2. Otherwise, the Subscriber will have to wait for the next day (12:00 midnight) to correctly load value to use the Service.

   3. After loading the value into the SIM, it shall be valid for the specific period of time as may be indicated at the time of purchase, loading, or in the relevant advertising material, as the case may be. 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.

   4. The security and care of the Modem, SIM and SMART BRO Data Card and the secret codes (PIN1, PIN2, PUK1 and PUK2) shall be the Subscriber’s full responsibility. The Company has no obligation to answer inquiries regarding these secret codes. Furthermore, the Company is under no obligation to provide itemized bills for use of the Service. Steps in retrieving PUK is available on the Company’s website (www.smart.com.ph).

   5. The Service may only be used with promo offers specifically made or offered by SMART. Regular load should be converted to any valid promo load for data access.

   6. For the latest promo loads and offers available for use on this Service, please visit www.smart.com.ph/bro/homewifi or GigaLife app for more details.

3. Usage Monitoring

   1. The Subscriber may monitor internet usage through the Giga Life App, which can be downloaded via the Google Play Store and Apple App Store.

4. Disconnection

   1. The Service shall be PERMANENTLY DISCONNECTED if the Subscriber is unable to maintain loaded value, in whatever amount, and for whatever reason, into the account for a period exceeding one hundred twenty (120) days from the date the prepaid balance maintained in the load wallet is completely consumed.

   2. SMART does not allow reconnection in case of such permanent disconnection of the Service pursuant to Section 4.1. The Subscriber shall be responsibile to ensure that the account is loaded with value to prevent damages or losses arising from permanent disconnection of the Service.

   3. The Number associated with the disconnected Service may not be reacquired after such permanent disconnection. The Subscriber will need to avail of a new Modem and SIM, bundled with the Modem to use the Service again. The Company shall not be held responsible to replace any permanently disconnected SIM cards.

   4. The assigned Number will be useable for as long as the Service is active and may not be changed at any time.

5. After-Sales

   1. The Modem, SIM, and load are non-refundable and non-replaceable in case of loss, theft, or damage due to misuse, mishandling, negligence, or willful misconduct on the part of the Subscriber.

   2. However, if the Modem and/or SIM are found to have inherent defects, the Subscriber may request for replacement at any Smart retail store within seven (7) days from purchase, subject to investigation by SMART. A different number may be provided as replacement SIM if found to be replaceable, upon the determination of SMART. SMART reserves the right to decline any application if, upon its sole determination, it finds that the defect was not inherent and was caused by other external factors outside the control of SMART.

   3. The following shall apply to Modem parts found with inherent defects:

      1. If the Modem is found to be defective after the seven (7) day replacement warranty period, the Subscriber may go to any of the following for device repair:

         • The nearest MemoXpress for Evoluzn devices

         • The nearest CityLight for Green Packet devices

         • The nearest IntoGadgets Service Center Boosteven devices

         Click here for Service Center locations.

   4. The one (1) year service warranty for the Modem and its terms shall be provided by an authorized service center

   5. The Subscriber shall present any proof of sale to claim repair/service warranty, which includes but is not limited to: Official Receipt, Acknowledgment Receipt, Warranty Card, or Airway Bill from SMART or any of our authorized dealers.

   6. SMART’s representatives will thoroughly investigate and validate any request for replacement upon presentation of proof of sale.

   7. If during the time of repair, the SIM is found to have a remaining promo offer balance, the Subscriber may request to have the expired promo offer balance credited back to his/her account once the repaired unit becomes available. Load/package disputes may be coursed through the SMART hotline *888 or any SMART retail store nationwide.

6. Use of the Service

   1. The Company’s liability for the loss or damage caused by defects in the performance or non-performance of the Service, shall be limited to a credit in the Subscriber’s favor for the amount paid for the SIM, or SMART BRO Prepaid Card, or Modem. The Company shall not be liable for any failure of the Service or for any loss, damage, theft, and misuse of the SIM, loaded value, Modem or any device used as part of the Service.

   2. 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 Service for any particular use or purpose. All information and translations are provided on an “AS IS” basis.

   3. 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:

      1. 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 Company's control (including, but not limited to, acts of God, strike, epidemic, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation);

      2. any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information transmitted to or from the Subscriber howsoever caused;

      3. theft or unauthorized use of the SIM or any loss, costs, damages, or compensation incurred by or payable to any third party by the Subscriber; or

      4. transmission or non-transmission of any illegal, false, misleading, derogatory, libelous, obscene or vulgar messages or information.

7. Indemnification

   1. By using the Service, the Subscriber expressly agrees to indemnify and 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 the Subscriber’s use of the Service.

8. Use of the Service

   1. 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.

   2. 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 or its digital reference.

   3. 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.

   4. The Company reserves the right to disconnect or refuse to connect the 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.

9. Data Privacy

   The Company may collect, use, and disclose personal information as set forth in the Privacy Policy at https://smart.com.ph/Corporate/privacy.

10. Other Matters

    These Customer Terms shall be in effect from the date of availment of the Service. The Company may update these Customer Terms from time to time without notice, as may be necessary, and through whatever means. Any such update/s may be posted on the Company’s website.

    The continued use and enjoyment of the Service shall mean the Subscriber’s consent to strictly comply with these Customer Terms and any amendments thereof.

    In the event that a court of competent jurisdiction declares any portion of the Customer Terms to be invalid or unenforceable, the remaining portions will be in full force and effect.

    These Customer Terms shall be construed in accordance with Philippine law, including matters on enforcement and performance. All suits involving the Service shall be filed with the proper courts in Makati City, Metro Manila, Philippines only.