MOBILE TELECOMMUNICATION SERVICES SUBSCRIPTION AGREEMENT

(FOR GLOBE BUSINESS CLIENTS)

  1. DEFINITION OF TERMS

    Unless the context otherwise indicates, the following terms shall have the meaning set forth herein:

    (a) "Add-On Service" refers to a specific mobile telecommunication service availed of by Subscriber. It is usually billed on top of the monthly service fee.

    (b) "Administration Fees and Other Charges" refers to the fees and charges that may be charged by Globe such as, but not limited to, administration fees, suspension fees, cancellation fees, late payment fees, reconnection or reactivation fees.

    (c) "Application Form" refers to the form printed on the reverse side of this document duly accomplished by the Subscriber.

    (d) "Assignee" is the authorized end user of a Corporate Managed Account.

    (e) "Authorized Signatory" refers to the person duly authorized by a Corporate Managed Account to sign this Agreement and to name or replace the SPOC

     (f) "Billing Address" refers to the address indicated by the Subscriber in the Application Form where the Statement of Account will be delivered. For managed accounts, business address must be the company's address. It is within the Philippine soil and not addressed to any P.O. box.

    (g) Bulk Service - refers to an Add-On Service with a definite validity or volume.

    (h) "Bundled Device" refers to the handset, laptop, netbook, tablet, Tattoo stick or such other device that is provided by Globe to the Subscriber for the latter to access the Service, the partial or full purchase price of which is included in the MSF.

    (i) "Corporate Individual Account" refers to subscription to the Service by an employee of a Globe Business Client enjoying the same benefits given to the Corporate Managed Accounts of such Globe Business Client provided that such employee is entitled to a communication allowance as certified by the Globe Business Client.

    (j) "Corporate Managed Account" refers to subscription to the Service by a Globe Business Client.

    (k) "Credit Limit" refers to the cap of allowable usage within a billing cycle.

    (l) "DBP" means Device Base Price or the cost of the Device purchased from Globe.

    (m) "Device" is the collective term for Bundled Device and Purchased Device.

    (n) "Downgrade Fee" refers to the amount that will be paid by Subscriber if Subscriber downgrades the Service within the MSP.

    (o) "Globe" refers to Globe Telecom, Inc.

    (p) "Globe Business Client" refers to a Globe customer classified under the category of Enterprise, Corporate or Small and Medium Enterprise, as determined by Globe.

    (q) "Globe Business Customer Support" refers to the dedicated customer service for Globe Business Clients with hotline number (02) 730 1288 and email address [email protected]

    (r) "IMEI" means International Mobile Equipment Identity used to identify a valid handset.

    (s) "Line" refers to a Service subscription identified by the mobile number.

    (t) "MSP" means Minimum Subscription Period which is the minimum period stated in the application form during which Subscriber is required to maintain the subscription to the Service, otherwise Subscriber shall be liable to pay the applicable Pre-Termination Fee or Downgrade Fee should the subscription be terminated or downgraded within such period.

    (u) "MMS" means Multi-Media Services.

    (v) "MSF" means Monthly Service Fee which is the minimum regular monthly fee paid by the Subscriber to Globe for the privilege to use the Service.

    (w) "NTC" refers to the National Telecommunications Commission.

    (x) "Party" refers to either Globe or Subscriber. "Parties" refer to both Globe and Subscriber.

    (y) "Pre-Termination Fee" refers to the amount that will be paid by Subscriber if Subscriber terminates the Service within the MSP.

    (z) "Primer Service" refers to a specific mobile telecommunication service availed of by Subscriber. It is usually deducted from the monthly consumable amount.

    (aa) "Principal Add-On Service" is the Add-On Service stated in the Application Form that has to be maintained by the Subscriber during the MSP.

    (bb) "Purchased Device" refers to handset, laptop, netbook, tablet, Tattoo stick or such other device that is purchased by Subscriber from Globe to be used by the Subscriber in accessing the Service, the purchase price of which is not included in the MSF but billed separately in the Statement of Account.

    (cc) "Redirected" refers to the status of the Service when outgoing services (i.e., outgoing calls, SMS, surfing) are not allowed but incoming services such as incoming calls and receiving of SMS are allowed.

    (dd) "Roaming Partner" refers to the foreign mobile telephone network service provider with whom Globe has an existing international roaming agreement whereby Globe subscribers are allowed to avail of the international roaming service using the network of such foreign mobile telephone network service provider.

    (ee) "SIM" means Subscriber Identity Module.

    (ff) "SMS" means Short Messaging Service or text.

    (gg) "SPOC" means Single Point of Contact and refers to the person authorized by the Globe Business Client to transact with Globe concerning all matters relating to the Service after the execution of this Agreement.

    (hh) "Service" refers to the postpaid mobile telecommunication services of Globe consisting of wireless voice and data services such as calls, SMS or text, MMS and broadband service or access to the internet, and such other mobile services that may be offered by Globe.

    (ii) "Subscriber" refers to the person, natural or juridical, named as such in the Application Form as the party who will avail of the Service.

    (jj) "Temporarily Disconnected" refers to the status of the Service when both incoming and outgoing services, including mobile browsing are not allowed.

    (kk) "Usage Charges" refers to the charges for usage of Service not covered by the MSF.

    (ll) "VAS" means Value Added Service.

  2. APPLICATION APPROVAL AND SERVICE ACTIVATION
    1. Subscriber affirms that the information provided in the Application Form and the supporting documents submitted are true and correct. Subscriber authorizes Globe to verify such information from whatever sources. Any incorrect information provided by Subscriber may result in the denial of the application or if already approved, in the suspension or termination of the Service.
    2. Globe may request submission by Subscriber of additional requirements to facilitate the processing of its/his/her application. Approval of the application for Service is at the sole discretion of Globe. In the event that Service application is disapproved or denied, Globe has no obligation to divulge to applicant the reason for such disapproval or denial.
    3. The Service shall be activated after approval of Subscriber's application and compliance by the Subscriber with all the requirements for Service activation.
  3. SIM CARD
    1. To be able to access the network of Globe and use the Service, Globe shall issue to Subscriber a SIM card.
    2. Subscriber shall be responsible for the SIM card upon its delivery to it/him/her. Subscriber shall keep the SIM card in good condition, fair wear and tear excepted. Subscriber shall bear the loss of the SIM card and in case of such loss, it is incumbent upon Subscriber to obtain a replacement SIM card from Globe in order that it/he/she may continue to access the Service. Damage to or loss of the SIM is not a valid ground for Subscriber not to pay the MSF and other charges. Neither is it a valid ground for termination of the Service without Pre-Termination Fee if such loss or damage occurs within the MSP.
    3. Subscriber shall be responsible for the security of the SIM card that will be provided by Globe and the confidentiality of its/his/her/ Personal Identification Number (PIN). All access to the Service made through the use of the SIM card shall be presumed made or authorized by Subscriber, hence, all the charges for such use shall be paid by Subscriber except for usage after the loss of the SIM card has been immediately reported to and acknowleged by Globe Business Customer Support.
  4. DEVICE
    4.1 The necessary device for accessing the Service may be a Bundled Device, Purchased Device or obtained by Subscriber from other sources.
    4.2 By accepting the Device delivered to Subscriber, Subscriber confirms that it/he/she has inspected the Device and found the same in good order and working condition. Specifically, Subscriber confirms that -
    1. the Device and its accessories, i.e., battery, charger, etc., are new and original;
    2. there is a manufacturers warranty seal, which is not defaced or altered;
    3. the Devices external housing, keypad and cosmetic parts are free from dents and scratches; and
    4. the Device and its accessories have no apparent defect and thus -
      1. screen shows a clear display;
      2. display has no missing lines;
      3. keys respond accordingly;
      4. signal indicator is stable;
      5. Device is properly charging; and
      6. incoming and outgoing calls are audible.
    4.3 In the event of a Device (except Apple products) with factory defect -
    (a) If factory defect is discovered within seven (7) days from date of delivery-
    (i) For Corporate Managed Account, the defective Device will be replaced by Globe provided that the defect is reported to the Globe Business Customer Support within seven (7) days from delivery to the SPOC and the defective Device, together with all its accessories and original packaging, is ready for pick up at the appointed date and time set by Globe.
    (ii) For Corporate Individual Account, such defective Device shall be replaced by Globe provided that the defective Device, together with all its accessories and original packaging, as well as the original invoice and delivery receipt, is brought to any Globe Store within seven (7) days from delivery thereof to the Subscriber or the Subscribers authorized representative.
    (b) If the factory defect is discovered beyond seven days from date of delivery, and subject to the manufacturers warranty -
    (i) For Corporate Managed Account, Globe will arrange the pick-up of the defective Device and send it to the authorized service center of the manufacturer;
    (ii) For Corporate Individual Account, Subscriber should bring the defective Device to Globe Store;
    (c) The 7-day replacement policy applies only to the Subscriber named in the Application Form and not to the transferee of the Device.
    (d) There may be charges if defects are not covered by warranty.
    (e) The replacement Device shall be subject to the 7-day replacement policy.
    4.4 If the factory defect is discovered beyond seven days from date of delivery, and subject to the manufacturers warranty -
    1. For Corporate Managed Account:
      1. if the defective Device is an iPhone, Globe will arrange the pick-up of the defective Device and send it to the authorized service center of Apple;
      2. if the defective Device is an iPad or any other Apple product, subscriber should bring the Device to the Apple Service Center.
    2. For Corporate Individual Account:
      1. if the defective Device is an iPhone, subscriber should bring the defective devices to the Globe Store
      2. if the defective Device is an iPad or any other Apple product, subscriber should bring the Device to the Apple Service Center.
    4.5 In the event that the defective Device is an Apple product -
    1. The Device has been subjected to abnormal or negligent use; improper storage; exposure to moisture or dampness, excessive temperature or abnormal environmental conditions; unauthorized modifications, connections, or repair;
    2. The Device's serial number, accessory date code, IMEI, or manufacturer's warranty seal has been removed, defaced or altered;
    3. GLOBE's SIM lock has been unlocked or tampered;
    4. The original manufacturers battery, antenna, front and back covers, or other accessories are incomplete or have been replaced;
    5. There are visible dents, scratches, markings or signs indicating that the Device was dropped;
    6. There is a liquid or greenish residue in the bottom of the key mats;
    7. An acetate is inserted in the cell display;
    8. The Devices backlight has been altered;
    9. There is a network monitor installed in the transceiver;
    10. There are softwares or features not normally present in the original Device;
    11. The Devices electronic IMEI is not the same as the IMEI on the transceiver label; or
    12. Any other instance showing that the Devices flaw is not a factory defect.
    4.6 Subscriber shall be responsible for the Device upon its delivery to it/him/her. Subscriber shall keep the Device in good condition, fair wear and tear excepted. Subscriber shall bear the loss of the Device, hence, the damage to or loss of Device is not a valid ground for Subscriber not to pay the MSF and other charges. Neither is it a valid ground for termination of the Service without Pre-Termination Fee if such loss or damage occurs within the MSP. In the event of damage to or loss of the Device, it is incumbent upon Subscriber to have such Device repaired or to obtain another device in order that it/he/she may continue to access the Service.
    4.7 Subject to Clauses 5.3, 5.4 and 5.5 and the manufacturers warranty, in the event of damage to or loss of the Device, Globe has no obligation to repair or replace the damaged Device if the same is caused by vandalism, accident, Subscribers own fault or negligence or that of a third person, fire, theft or robbery, or force majeure. In the event of damage or loss of the Device, Subscriber shall remain liable to pay the MSF without any deduction on account of the damage to or loss of the Device. Likewise, Subscriber shall remain liable to pay the price of the Purchased Device.
    4.8 In the event of device/SIM loss, the subscriber should immediately notify Globe Business through its 24x7 Globe Business Hotline at (02) 730-1288.In the event of such loss, Globe will temporarily disconnect the Service upon request of the Subscriber and re-connect the same also upon request of Subscriber. Subscriber shall pay for all usage charges prior to the time that the loss is reported to Globe. Moreover, Subscriber remains liable to pay the MSF during the period of temporary disconnection.
    4.9 It is the obligation of the Subscriber to thoroughly know the specifications, features, and capabilities of the Device. Hence, all usages emanating from the use of the Device whether or not actively or consciously known by the Subscriber is billable and shall be paid for by the Subscriber.