INDIVIDUAL APPLICATION REQUIREMENTS
1. Completely filled-out and properly signed Service Application Form (SAF).
2. Proof of Identification (POI) - Standard POI can be any one (1) of the following:
• Laminated Company ID
• Locally-issued Passport
• Professional Regulations Commission (PRC) ID
• Digitized/photo Social Security System (SSS)
• Digitized/photo Tax Identification Number (TIN) ID
• Locally issued driver’s license
• Laminated/photo Senior Citizen’s ID
• Locally-issued major photo Credit Card
• Laminated/photo membership ID from Top Sports and Country Clubs
• Laminated/photo firearms license card or Firearms Permit to Carry
2.1. For foreign citizen applicants, valid (not expired/revoked) internationally-issued passport or unexpired Alien Certificate of Registration (ACR)
3. Proof of Address (POA) – POA must be under the applicant's name and matches the preferred billing address. Standard POA can be any one (1) of the following:
• Utility Bill (e.g. Electric or Water or Telecom or Cable or Credit Card Bill)
• Bank Statement
• Lease of Contract
• Notarized Lessor’s Certificate
• Certificate of Employment
• Membership bill from any of the Top Sports and Country Clubs
4. Proof of Financial Capacity – Financial reference can be any one (1) of the following:
• Bank Account Documents (e.g. Bank Certification Letter, Bank Deposit Certificate, Bank Passbook/Bank Statement)
• Certificate of Employment (COE)
• Latest Income Tax Return (ITR)
• Credit Card Statement of Account (SOA)
Note: Other documentary requirements may be requested based on the credit evaluation.
SUMMARY OF TERMS AND CONDITIONS
The Terms and Conditions of the herein Service Agreement. After having read the content hereof, Undersigned Subscriber agrees to the supply of telecommunications services ("Services") under the terms and conditions hereinafter contained. The Company (SMART) agrees to supply the Services under the same conditions stipulated herein.
1. HARDWARE:
All terminal equipment/unit connected to or used in conjunction with the SMART telecommunications networks shall be of a type approved by the Company. The Company does not by this Agreement cover any representation or warranty for any telecommunications and related equipment ("Hardware").
2. TERMS AND CONDITIONS:
This Agreement relates only to Services provided by the Company and shall be in full force and effect from and after the actual date of approval of the application for the Service.
3. PAYMENT TERMS
(1) The Subscriber shall pay all amounts due to the Company in respect of:
(a) A monthly fixed fee for Services, the first payment to be made upon signing of the
form overleaf; and
(b) Telephone charges incurred in using the Services.
(2) The Company may at its absolute discretion allow the Subscriber credit for using the Services up to a certain level and the Company may set, revoke, or impose conditions on such credit limit at any time and at its absolute discretion. The Company may determine the billing period at its absolute discretion. Any fees paid in advance shall not be refundable.
(3) Subscriber shall be liable for all outgoing calls from his terminal unit and all incoming collect calls regardless of who may make such calls. Non-payment of these bills or refusal on the part of the Subscriber to pay bills arising from these calls shall be sufficient ground for the Company to discontinue the Services.
(4) Subscriber agrees to pay on or before the date specified in the service bill (Due Date) all charges stated on the bill. Billing statement for the Services shall be rendered at regular intervals at the end of applicable billing cycles. Contested bills, if any, should be brought to the attention of the Customer Care Department of the Company twenty-one (21) days from the receipt of the bill, otherwise the Subscriber shall be deemed to have accepted the correctness or accuracy of the bill.
(5) Notwithstanding the non-receipt of any bill, it shall be the Subscriber's responsibility to inform himself of his outstanding fees or charges through the Customer Care Hotline or any SMART Wireless Center and effect payment, without need of further demand on or before the Due Date.
(6) The Subscriber shall be charged the Company's applicable roaming rate schedule and the roaming service activation fee in the event that the Subscriber avails of the Company's International Roaming Service. The Subscriber shall be responsible for notifying the Company within the appropriate number of working days before using the roaming service: For Europe/Asia: 3 days before departure, for U.S.: 7 days before departure.
(7) The Subscriber agrees that all payments shall be applied first to bills in arrears, including interest and penalties. The balance, if any, will be applied to the current obligation.
(8) The Subscriber agrees not to transfer this contract, or any right or interest originating therefrom, to any person or entity without prior written approval from the Company. Pending approval of such transfer, the Subscriber shall remain liable for any all accrued fees and charges.
(9) The Subscriber agrees that all cheques and other payments shall be made payable directly to the Company and any cheque payment made out, or any payment in cash made directly, to any representative or salesman shall be invalid.
4. DEPOSIT
(1) The Company may require the Subscriber to pay a deposit of such amount as the Company may determine from time to time as a guarantee for all payments due hereunder. No interest shall be payable on such deposit.
(2) Without prejudice to any of the Company's rights to recover amounts due to the Subscriber, the Company shall be entitled at any time to set off any amounts due from the Subscriber against the deposit without prior notice to the Subscriber.
(3) The Company may (without prejudice to any other rights it may have) forfeit the Subscriber's deposit if the Subscriber is in breach of any of these Standard Terms and Conditions.
(4) Subject to any rights which the Company may have, and upon termination of the Service, the Company shall, upon the written request of the Subscriber, refund the deposit after deduction of all outstanding amounts due from the Subscriber within sixty (60) days of receipt of the written request for refund.
(5) If any deposit remains unclaimed for 12 months after the termination of the Services, the Subscriber shall forfeit such deposit in favor of the Company without need of any further act or deed.
5. PRE-PAID FEES, CHARGES AND DEPOSITS
(1) The Company may require a pre-paid fee as a pre-requisite for continuing Service. The pre-paid fee and/or deposit (as stated in Clause 4 above) shall bear no interest. Upon termination of the Service, the pre-payment shall be applied against the Subscriber's final bill. In case the pre-payment is not sufficient to cover the final bill, the Company shall charge the Subscriber any deficiency. The balance of the pre-payment and/or deposit, if any, will be refunded to the Subscriber, without interest, after 180 days post termination.
(2) The Subscriber shall be charged a nominal fee for the processing of any service modification requests such as changes in the subscription plan, transfer or ownership, etc.
6. LOSS OR DAMAGE OF HARDWARE
(1) The security of the Subscriber Identity Module (SIM) Card and the confidentiality of his Personal Identification Number (PIN) as well as the proper care and maintenance of the Hardware and/or SIM Card shall be the Subscriber's sole responsibility.
(2) In case of loss of Hardware and/or SIM Card, the Subscriber shall immediately inform the Company of such fact, first by telephone through the Company's Customer Care Hotline or any SMART Wireless Center, to be followed by the submission of an affidavit of loss or a police report to document such loss within 24 hours from the discovery of the loss. The Company,upon receipt of the written notice, shall immediately disconnect the Service. All charges and fees accruing prior to the disconnection shall remain for the account of the Subscriber.
7. FRAUDULENT CALLS
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 concerned.
8. CALL REDIRECT
In cases where there are inconsistencies in the information provided in the Service Agreement, non-payment of the overdue account, the Subscriber exceeds credit limit or such other cases as may be determined by the Company, the Company reserves the right, without incurring any liability and at the Subscriber's expense, to redirect the Subscriber's telephone service.Upon full compliance with the lifting of the redirect requirements of the Company, the Subscriber will be reconnected to the Service. Failure of the Subscriber to comply with the Company's requirements will give the Company the option to terminate the Subscriber permanently, subject to RA 7925 and its implementing rules.
9. EXCLUSION FROM LIABILITY
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 supply or use of the Services 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, labour 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 or any refusal by the Company to transmit any information subject to par. (5) here in below;
(3) theft or unauthorized use of the Hardware or any loss, costs, damages, or compensation incurred by or payable to any third party by the Subscriber or other;
(4) any inherent defect in the Hardware or any defects or damage to the Hardware resulting from use other than in the normal and customary manner; or
(5) refusal by the Company, at its sole discretion, to transmit any illegal, obscene or vulgar
messages or information.
10. DISCONNECTION OR TERMINATION OF THE SERVICE
(1) The Company may temporarily suspend or terminate the Service without prior notice if:
(a) The Subscriber fails to pay promptly any amount due and payable hereunder;
(b) The Subscriber commits a breach of any of the terms of this Agreement;
(c) The Subscriber transfers or allows the equipment/unit or Hardware to be tampered
with or used by any other person (except authorized employees of the Subscriber)
without the consent of the Company;
(d) The Subscriber dies or becomes bankrupt, fails to pay its debts as they fall due or any
of its assets becomes subject to any form of winding up,administration, receivership,
insolvency proceedings or it enters into any arrangements with its creditor generally; or
(2) Without prejudice to any of the subclause (1), the Company may continue or terminate the Service at any time by giving to the Subscriber not less than 30 days notice of such discontinuation or termination.
(3) Any discontinuation or termination shall be without prejudice to the rights of the Company including the right to recover all amounts due from the Subscriber hereunder together with any expense and cost (including legal costs) incurred in recovering such amounts due and no refund of any advanced payment will be made to the Subscriber.
(4) The Subscriber may terminate this Agreement at any time by giving the Company not less than 30 days written notice of such termination, which shall become effective only upon settlement of all amounts due hereunder, including the pre-termination fee as provided in the Pre-termination Agreement that forms part of this Agreement.
11. TEMPORARY DISCONNECTION AND RESUMPTION OF SERVICE
The Subscriber may request a temporary disconnection of the Service by giving no less than 14 days prior notice to the Company and by settling all amounts due to the Company. Such temporary disconnection shall not constitute a termination of this Agreement if it does not exceed six (6) months. If the disconnection is for a period which is more than six (6) months, the Company reserves the right to terminate this Agreement without prejudice to the rights of the Company including the right to recover all amounts due from the Subscriber hereunder together with any expense and cost (including legal costs) incurred in recovering such amounts due and no refund of any advanced payment will be made to the Subscriber. The Company may charge such fees for reconnection of the Service as it shall in its absolute discretion determine.
12. USE OF PASSWORD
Upon request of the Subscriber, any transaction of his customer, account and service record can be handled through the use of a password issued by the Company which the Subscriber undertakes to keep confidential. The Subscriber may request for a change of his password by accomplishing and submitting a Request for Password Form and presenting a valid identification card to any SMART Wireless Center.
13. INDEMNITY
The 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 of the Subscriber's obligations hereunder.
14. MISCELLANEOUS
(1) This Agreement shall be governed and construed in accordance with the laws of the Philippines.
(2) This Agreement together with the Company's records shall be final and conclusive evidence of any dispute between the Company and the Subscriber.
(3) The Company reserves the right at its absolute discretion to modify, delete or add to any of the Terms and Conditions of this Agreement by giving notice in writing to the Subscriber.
(4) This Agreement constitutes the entire Agreement between the Company and the Subscriber and supersedes all previous Agreements (if any) between the parties, and the Subscriber acknowledges that in agreeing to enter into this Agreement it has not relied on any representation warranty or other assurance (including any that may have been made by any authorized agent or dealer of the Company) except those set out in this Agreement.
(5) The Company's right shall not be prejudiced or restricted by any concession, indulgence or for bearance extended to the Subscriber.
(6) No waiver by the Company of any breach shall operate as a waiver of any other or subsequent breach.
(7) All notices under this Agreement shall be in writing and sent to the registered office of the Company or the address of the Subscriber as stated on this Service Application Form or such other address which may be notified to the Company in writing from time to time.
(8) Any complete or partial invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability for any other purpose of the remaining provisions.
(9) Interest on all amounts outstanding to the Company shall accrue at the rate of 2% per month.
(10) In case it will be necessary to use a lawyer or collection agency, the Subscriber shall pay 25% of the amount due as the collection or attorney's fees, in addition to billing for services, penalty and surcharges.
15. DISCLAIMER OF WARRANTY
Subscriber acknowledges that it has not relied on any warranty, express or implied with regards to the Services provided hereunder.
16. VENUE
The venue of all suits from this Agreement and of other suits directly or indirectly arising from the relationship between the Company and the Subscriber shall be in the proper courts in Makati City. Subscriber hereby expressly waives claims to any other venue.
17. COMPLAINTS
Complaints against the Company or its Agents should be brought to the attention of the Customer Care Department of the Company.
18. SKETCH OF BILLING ADDRESS
Subscriber attests to the accuracy and correctiveness of the sketch of the billing address provided in the SAF addendum/insert.
19. OTHER CONDITIONS