1. AGREEMENT/AMENDMENT

This Agreement governs the terms and conditions for the provision of the Service to the Customer. This Agreement embodies all the agreements of the parties and supersedes any and all prior written and verbal agreements and representations. A party reserves the right to adjust, modify or amend these terms and conditions as the needs of the Service may require, subject to the consent of the other party.

2. DOCUMENTS FORMING PART OF THIS AGREEMENT AND ORDER OF PRECEDENCE

1. The following annexes/attachments shall form part of this Agreement:

   Appendix “1” (Terms and Conditions/Service Schedule for Mobile Telecommunications);

   Annex “1-A” (Service Description and Technical Details);

   Annex “1-B” (Digital Channel Details);

   Annex “2” (Supplemental Agreement to the Terms and Conditions/Service Schedule for Mobile Telecommunications);

   Annex “3” (Order Form).

   All of which shall constitute the entire agreement between the parties.

2. In the event of conflict of interpretation, the Order of Precedence shall be as follows:
   1. If a Master Service Agreement (MSA) is executed between the parties, as between the general terms of the MSA, and Terms and Conditions/Service Schedule for Mobile Telecommunications Service and the Annexes, the former shall prevail insofar as it relates to the general provisions;
   2. As between Service Schedule and the MSA, the former insofar as the specific details relating to the relevant Service Schedule is concerned;
   3. As between the Supplemental Agreement to the Terms and Conditions/Service Schedule for Mobile Telecommunications and the Terms and Conditions/Service Schedule for Mobile Telecommunications, the former shall prevail;
   4. As between the Annexes and Supplemental, the specific details of the relevant Annex shall prevail;
   5. As between the specific details of an Order Form and the Annexes, the Order Form shall prevail.

3. DEFINITION OF TERMS

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

1. “Add-On Service(s)” refers to additional service(s) availed of by Customer that is on top of the inclusions of the chosen plan and billed on top of the MRF at the current billing cycle:
   1. “Recurring Add-on Service(s)” refers to additional services availed of by the Customer that is automatically renewed every thirty (30) days unless the Customer opts-out of the Add-On Service;
   2. “One Time Add-on Service(s)” refers to additional services availed of by the Customer that will be provisioned one time and will expire based on stated offer validity.
2. “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.
3. Affiliates” means any entity controlled, directly or indirectly, by, under common control with, or controlling a party, and specifically includes without limitation, subsidiaries, partnerships, joint ventures, and other entities or operations for which the Party has operational or management control. For the purposes of this definition, control means equity ownership of more than fifty percent (50%) of the corporation.
4. “Assignee” is the Customer’s authorized end user of the Service.
5. “Authorized Signatory” refers to the person duly authorized by the Customer to sign the Order Form and to name or replace the SPOC.
6. “Bulk Service” refers to an Add-On Service with a definite validity or volume.
7. “Bundled Device” refers to the handset or the Device that is provided by Globe to the Customer for the latter to access the Service, the partial or full purchase price of which is included in the MRF.
8. “Cash Out” refers to the amount required from the Customer to avail of the chosen Device of a certain plan.
9. “Customer” refers to the entity named in the Order Form as the party who will avail of the Service.
10. “DBP” means Device Base Price or the cost of the Device purchased from Globe.
11. “Device” is the collective term for Bundled Device and Purchased Device.
12. “Device Amortization” refers to the Device Cash Out of the chosen plan divided by the number of MSP and charged on top of the plan’s MRF.
13. “Downgrade Fee” refers to the amount that will be paid by Customer if Customer downgrades the Service within the MSP.
14. “Globe” refers to Globe Telecom, Inc.
15. “Globe Business Customer” refers to a Globe customer classified under the B2B Group of Globe.
16. “Globe Business Customer Support” refers to the dedicated customer service for Globe Business Customers.
17. “IMEI” means International Mobile Equipment Identity used to identify a Device.
18. “Line” refers to a Service subscription identified by the mobile number.
19. “MRF” means Monthly Recurring Fee which is the minimum regular monthly fee paid by the Customer to Globe for the privilege to use the Service.
20. “MSP” means Minimum Subscription Period which is the minimum period stated in the Order Form during which Customer is required to maintain the subscription to the Service, otherwise Customer shall be liable to pay the applicable transfer fee, assignment fee, cancellation fee, Pre-Termination Fee or Downgrade Fee should the subscription be transferred, assigned, canceled, terminated or downgraded within such period.
21. “NTC” refers to the National Telecommunications Commission.
22. “Order Form” refers to the form required to be accomplished by the Customer in order to avail of the Service.
23. “Party” refers to either Globe or Customer. “Parties” refer to both Globe and Customer.
24. “Penalty Fee” refers to the fine imposed for not completing the MSP.
25. “Pre-Termination Fee” refers to the amount that will be paid by Customer if Customer terminates the Service within the MSP.
26. “Purchased Device” refers to the handset or the Device that is provided by Globe to the Customer for the latter to access the Service, the purchase price of which is not included in the MRF but billed separately in the invoice.
27. “Redirected” refers to the status of the Service when outgoing services (i.e., outgoing calls, SMS, internet access) are not allowed but incoming services such as incoming calls and receiving of SMS are allowed.
28. “Roaming Partner” refers to the foreign mobile telephone network service provider with whom Globe has an existing international roaming agreement whereby Globe Customers are allowed to avail of the international roaming service using the network of such foreign mobile telephone network service provider.
29. “Service” refers to the postpaid mobile telecommunication services of Globe consisting of texts, wireless voice and wireless data services including VAS.
30. “SIM” means Subscriber Identity Module.
31. “Single Point of Contact” or “SPOC” refers to the person authorized by the Customer to transact with Globe concerning all matters relating to the Service after the execution of this Agreement including additional Service requirements.
32. “Temporarily Disconnected” refers to the status of the Service when both incoming and outgoing services, are not allowed.
33. “Unpaid Monthly Installment” refers to the portion of the Cash Out that has not been paid by the Customer in case of installment arrangement.
34. “Usage Charges” refers to the charges for use of Service not covered by the MRF.
35. “Value Added Service” or “VAS” refers to services other than texts, wireless voice and wireless data services.

4. APPLICATION APPROVAL AND SERVICE ACTIVATION

4.1 Customer affirms that the information provided in the Order Form and the supporting documents submitted are true and correct. Customer authorizes Globe to verify such information from whatever sources. Any incorrect information provided by Customer may result in the denial of the application or if already approved, in the suspension or termination of the Service.

4.2 Globe may request submission by Customer of additional requirements to facilitate the processing of its 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.

4.3 The Service shall be activated after approval of Customer’s application.

5. OBLIGATIONS OF THE PARTIES

5.1 Obligation of Globe. Globe shall:

1. Provide the Service to the Customer in accordance with the specifications outlined in Annex 1-A;
2. Perform billing (such as invoicing to Customer) and collection functions;
3. Provide the Customer with reasonable advance notice of any material changes to the Service or to this Agreement, and shall work with the Customer to minimize any disruptions or adverse impacts resulting from such changes; and
4. Comply with Republic Act No. 11202 otherwise known as the “Mobile Number Portability Act”, when applicable.

5.2 Obligation of Customer. Customer shall:

1. Adhere to the covenants under Globe’s Acceptable Use Policy (AUP) or Fair Use Policy (FUP) found in Section 31 below;
2. Pay all fees and charges associated with the Service as outlined in the Order Form or in this Agreement;
3. Comply with all terms and conditions outlined in this Agreement;
4. Not use the Service for any unlawful, fraudulent, or unauthorized purposes. This includes but not limited to the transmission of any content that violates applicable laws or infringes upon the rights of others; and
5. Promptly notify Globe of any issues, disruptions, or concerns related to the Service, and cooperate in resolving any such issues in a timely manner.

6. SIM CARD

6.1. To be able to access the network of Globe and use the Service, Globe shall issue to Customer a SIM card.

6.2. Customer shall be responsible for the SIM card upon its delivery to it. Customer shall keep the SIM card in good condition, fair wear and tear excepted. Customer shall bear the loss of the SIM card and in case of such loss, it is incumbent upon Customer to obtain a replacement SIM card from Globe in order that it may continue to access the Service. Damage to or loss of the SIM is not a valid ground for Customer not to pay the MRF 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.

6.3. Customer shall be responsible for the security of the SIM card that will be provided by Globe All access to the Service made through the use of the SIM card shall be presumed made or authorized by Customer, hence, all the charges for such use shall be paid by Customer except for use after the loss of the SIM card has been immediately reported to and acknowledged by Globe Business Customer Support.

7. DEVICE

7.1 The necessary Device for accessing the Service may be a Bundled Device, Purchased Device or obtained by Customer from other sources.

7.2 By accepting the Device delivered to Customer, Customer confirms that it has inspected the Device and found the same in good order and working condition. Specifically, Customer confirms that -

1. the Device and its accessories, i.e., battery, charger, etc., are new and original;
2. there is a manufacturer’s warranty seal, which is not defaced or altered;
3. the Device is free from dents and scratches; 
4. the Device and its accessories have no apparent defect; and 
5. screen shows a clear display.

7.3 In the event of a Device with factory defect –

1. If factory defect is discovered within seven (7) days from date of delivery, 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;
2. If the factory defect is discovered beyond seven (7) days from date of delivery, and subject to the manufacturer’s warranty - Customer shall bring the defective Device to the authorized Service Center for repair;
3. There may be charges if defects are not covered by warranty;
4. The replacement Device shall be subject to the seven (7)-day replacement policy.

7.4 Globe reserves the right to deny a request for replacement in any of the following instances:

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 tampered;
4. The original manufacturer’s battery 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. The Device’s electronic IMEI is not the same as the IMEI on the transceiver label; or
7. Any other instance showing that the Device’s flaw is not a factory defect.

7.5 Customer shall be responsible for the Device upon its delivery to it. Customer shall keep the Device in good condition, fair wear and tear excepted. Customer shall bear the loss of the Device, hence, the damage to or loss of Device is not a valid ground for Customer not to pay the MRF 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 Customer to have such Device repaired or to obtain another Device in order that it may continue to access the Service.

7.6 Subject to Clauses 7.3 and 7.4 (Device) and the manufacturer’s 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, Customer’s 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, Customer shall remain liable to pay the MRF without any deduction on account of the damage to or loss of the Device. Likewise, Customer shall remain liable to pay the price of the Purchased Device.

7.7 In the event of Device/SIM loss, the Customer 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 Customer and re-connect the same also upon request of Customer. Customer shall pay for all usage charges prior to the time that the loss is reported to Globe. Moreover, Customer remains liable to pay the MRF during the period of temporary disconnection.

7.8 It is the obligation of the Customer 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 Customer is billable and shall be paid for by the Customer.

7.9 Globe has no obligation to repair or replace a damaged Device outside the manufacturer’s warranty.

8. TELEPHONE NUMBERS

8.1 Randomly assigned mobile numbers for mobile follow the numbering plan assigned by the NTC. Subject to the provisions of the Mobile Number Portability Act, Globe retains ownership over these numbers and thus, have the right to change and re-allocate any telephone number assigned to Customer at any time without incurring any liability for any loss or inconvenience on the part of Customer arising from such change or re-allocation.

8.2 Upon termination of the Service, and subject to the Mobile Number Portability Act, Globe may assign to another Customer the telephone number previously assigned to Customer, hence, it is incumbent upon Customer to notify its contacts of such termination.

8.3 Any requests for number porting shall be in accordance with the Mobile Number Portability Act, and subject to Globe’s approval to ensure that all outstanding obligations of the Customer shall be complied with prior to number porting. All existing services related to the Customer’s mobile number shall no longer be available or shall be forfeited once ported.

9. PACKS AND ADD-ON SERVICES

9.1. Subject to Customer’s Spending Limit, the Customer may choose from any of the available Packs and Add-On Service/s:

1. Additional data promo;
2. International call and texts;
3. International roaming service;
4. Content subscription;
5. VAS;
6. Share-A-Load Service;
7. Etc.

9.2 The Customer may avail the Add-On Service/s by filing a request through any of the Globe official channels, such as but not limited to the following: email ([email protected]) and Globe Business Account Manager (AM).

9.3 If the Customer avails of a Recurring Add-On Service, the availment shall automatically renew every thirty (30) days unless the Customer opts-out of the said Service by filing a request through any of the Globe official channels set forth in Section 6.2 (Packs and Add-on Services) above. Notwithstanding the foregoing provision, the Customer shall not receive any refund or rebate of the monthly fee(s) incurred for the unused Recurring Add-on Service(s) opted-out regardless of opt out date.

9.4 If Customer avails of a One-Time Add-On Service, the availment shall expire based on the promo validity and shall not automatically renew. Should Customer wish to avail the One-Time Add-On Service again, the Customer shall file a request through any of the Globe official channels set forth in Section 6.2 (Packs and Add-on Services) above.

9.5 The availment of a combination of add-ons is allowed as long as within the Customer’s Spending Limit.

9.6 The Customer may change, add or cancel the Add-On Service(s) subscribed to through the Globe official channels set forth in Section 6.2 (Packs and Add-on Services) above. If the change in the Add-On Service(s) takes effect between bill periods, corresponding charges shall be prorated except for selected Add-On Service(s) which are billed in full.

9.7 The approval of any application or request for a change in any Add-On Service(s) shall be at the sole discretion of Globe.

9.8 Each Add-On Service(s) has a corresponding MRF. Services that are not covered by the Add-On Service(s) subscribed to shall be billed on a “pay-per-use” basis in accordance with the applicable rates.

10. PLANS

10.1 GPlan BIZ refers to a Service subscription consisting of the Customer’s chosen Device and a choice from the following:

1. GPlan BIZ with Call, Text and Data – It comes with unli all-net texts, unli all-net calls to mobile and landline, and mobile data;
2. GPlan BIZ with All Data - It comes with a bigger mobile data allowance but no inclusion of calls, texts or landline calls.
   1. If the Customer calls or texts any network, whether on a promo subscription or pay-per-use, it shall be automatically charged on top of its MRF for the current billing cycle.

10.2

1. The Customer agrees that:

   1. Subject to the full payment of the Pre-Termination Fee (the formula of which is also set forth in the Order Form), as well as all outstanding and historical balances, the Customer may transfer, assign, cancel, terminate or downgrade its plan:

       

      Pre-Termination Fee = Device Penalty Fee + Unpaid Monthly Cash Out Installments + Five Hundred Fifty Pesos (Php550.00) Administration Fee

       

      Where:

      Device Penalty Fee = DBP – Cash Out x Remaining MSP (in months)

      Total MSP (in months)

2. Should Customer decide to avail a Device Amortization of the GPlan BIZ, the amortized cost of the Device shall be billed on top of the plan. Amortization schedule of the Device shall follow the MSP.

10.3 GPlan Plus BIZ refers to a line-only Service subscription consisting of the Customer’s choice from the following:

1. GPlan Plus BIZ Sim-Only with Call, Text and Data – It comes with unli all-net texts, unli all-net calls to mobile and landline, and mobile data;
2. GPlan Plus BIZ Sim-Only with All Data - It comes with a bigger mobile data allowance but no inclusion of calls, texts or landline calls.
   1. If the Customer calls or texts any network, whether on a promo subscription or pay-per-use, it shall be automatically charged on top of its MRF for the current billing cycle.

10.3.1 The Customer agrees that:

1. Subject to full payment of Pre-Termination Fee (which is also set forth in the Order Form), Two Thousand Pesos (Php2,000.00) pre-termination fee, Five Hundred Fifty Pesos (Php550.00) Administration Fee, as well as all outstanding and historical balances, Customer may transfer, assign, cancel, terminate or downgrade its plan.
2. If the Customer decides to avail of a Device while subscribed under GPlan Plus BIZ, the Customer shall pay all the fees set forth in Section 10.2.1(i) (Plans) above prior to Device availment. Change of plan from GPlan Plus BIZ to GPlan BIZ shall take effect in the next billing cycle and with a new MSP prescribed by Globe., cancel, terminate or downgrade its plan.

10.4 If an SMS, call, mobile browsing promo is availed of, charges for the promo shall be billed on top of the MRF. Promo refers to a special offer available for a limited period only.

10.5 These plans exclude international roaming service, IDD Calls, ISMS, VAS (e.g., ringtone, ring back tone), Share-A-Load Service, and other content services. These shall be charged additional corresponding fees on top of the MRF.

11. SPECIAL PROMOTIONS

11.1 Globe may offer special promotions from time to time. The terms and conditions applicable to such special promotions shall apply during the promotion period. Upon the lapse of the promotion period, the application of the terms of conditions of this Agreement shall be resumed.

11.2 Customer acknowledges that there may be some special promotions advertised by Globe that may not be availed of by Customer because said special promotions are not available to B2B Customers.

12. MSP

12.1 The Customer acknowledges and agrees to the MSP of the relevant Mobile Service availed of. During the MSP, Customer shall not transfer, assign, cancel, downgrade or terminate its subscription, otherwise, Customer shall pay the corresponding transfer fee, assignment fee, cancellation fee, Downgrade Fee or Pre-Termination Fee Administration Fee, and all outstanding and historical balances, the formula of which is set forth in Section 10 (Plans) above.

12.2 Upon the lapse of the MSP, this Agreement shall be renewed automatically on a month-to-month basis until a new agreement is executed by the parties or this Agreement is terminated in accordance with the provisions of this Agreement.

12.3 If Customer avails of the Recontracting Program with Bundled Device or Purchased Device, the new MSP shall commence on the Recontracting Service activation.

12.4 If Customer avails of the Recontracting Program this Agreement shall be deemed renewed and the applicable MSP shall commence on Recontracting Service activation.

13. INTERNATIONAL ROAMING SERVICE

13.1 When traveling abroad, Customer may avail of the international roaming service using the SIM card through the networks of Globe’s Roaming Partners. Globe, however, makes no representation, that the international roaming service is always available in all countries.

13.2 The Customer shall abide by the terms and conditions imposed by the Roaming Partner whose roaming service is availed of by the Customer while abroad.

13.3 Customer acknowledges that it will be billed roaming charges, in addition to the MRF and/or the usual charges for both incoming and outgoing calls, outgoing SMS (and incoming SMS for some Roaming Partners), internet access, VAS, and such other services that may be availed of by Customer through the Roaming Partner’s network. Roaming rates vary and subject to change without notice at the discretion of the Roaming Partner, hence, it is incumbent upon the Customer to inquire from Globe about the charging principle of the Roaming Partners in Customer’s country of destination.

13.4 Globe has the option to immediately suspend the international roaming service without notice and without liability to Customer -

1. when Customer exceeds its Credit Limit;
2. when there is an unusual surge in calls, SMS, VAS or internet or data usage of the Customer’s Line;
3. when Globe reasonably suspects that the Service is being used to commit fraud;
4. when requested by the Roaming Partner; or
5. when there are circumstances necessitating the suspension of the international roaming service.

13.5 In case of loss of the SIM card and/or Device while roaming, Customer should immediately report such fact by calling collect (operator-assisted) the Globe Roaming Support Hotline at +632 7301212. IDD charges to other numbers and hotel call charges or surcharges that may arise in making such operator assisted calls, shall be shouldered by Customer. Customer shall be liable for all the charges arising from all usage up to and until Customer has reported the loss.

14. AFTER–SALES SERVICE

14.1 After-Sales Team – Complementing the personalized service of Globe’s Account Manager to Customer is an After-Sales Team whom Customer can coordinate with for its after-sales concerns such as, but not limited to the following:

1. Report of Lost SIM card;
2. Change of Account Assignee;
3. Change of Email Address;
4. Change of Mobile Number;
5. Change or Modification of Subscription Plan/ Pack;
6. Subscription to Add-Ons (SPOC approved);
7. IDD Activation or Deactivation;
8. International Roaming Activation/ De-Activation;
9. Request for Temporary Disconnection;
10. Reconnection of a Call Redirected / Temporarily Disconnected Account;
11. Request for Pin Unblocking Key (PUK);
12. Report of Lost and/or Found Phone/SIM;
13. Increase/Reduction of Spending Limit;
14. SIM Card Replacement;
15. Billing Concerns;
16. Unit Replacement (subject to the rule on seven [7]-day replacement).

14.2 Only the SPOC or Authorized Signatory is authorized to transact the after sales services listed above.

14.3 If the SPOC will be changed, the Authorized Signatory should notify Globe in writing of the fact that the SPOC has been changed and the name of the new SPOC. Otherwise, Globe shall not be liable for any loss or damage that may be suffered by Customer arising from the acts of the SPOC on record in the event that such SPOC’s authority has been revoked by Customer.

14.4 Notice of change of SPOC from the Authorized Signatory should be sent to Globe Business Customer Support by email (using the Authorized Signatory’s e-mail address on record with Globe) to [email protected]. Scanned copy of the written notice signed by the Authorized Signatory must be attached to the email.

15. FEES AND CHARGES

15.1 Upon activation of the Service, Customer will be charged the applicable MRF and the applicable charges for the use of the Service that is not covered by the MRF.

15.2 In addition to the MRF, Globe may charge Customer an Administration Fee and other similar charges, which may include suspension fees, cancellation fees, late payment fees, reconnection or reactivation fees, downgrade fee, transfer fee, Pre-Termination Fee, service modification fee for any modification related to the Service such as change of telephone number, and such other applicable fees or charges as may be determined by Globe.

16. SPENDING LIMIT

16.1 “Spending Limit” is the maximum amount that the Customer may be allowed to spend on top of the MRF for each Line.

16.2 Globe shall assign to the Customer a Spending Limit the determination of which shall be at Globe’s sole discretion.

16.3 Globe has the option to deactivate all outgoing calls, texts and mobile internet when the Spending Limit is reached.

16.4 A Customer may request for automatic Spending Limit Barring for outgoing calls, texts and mobile internet.

16.5 A Customer may request that its Spending Limit be increased or decreased but the approval of such request shall be at the sole discretion of Globe.

13.6 It is incumbent upon Customer to monitor its usage in order to avoid exceeding the Spending Limit.

16.7 Customer shall be liable to pay all charges for the Service, including those in excess of its Spending Limit.

16.8 Globe reserves the sole right to review the criteria for the increase or decrease of Customer’s spending limit and approve or disapprove any such request subject to existing terms and conditions. Globe may also proactively increase Customer’s Spending Limit and notify Customer of such increase. If Customer does not concur to its new Spending Limit, Customer shall inform Globe within the period of time specified in the notification. Customer’s failure to advise Globe within the specified period shall be deemed as acceptance of the new Spending Limit.

17. BILLING

17.1 Globe shall send the invoice to the email address provided by the Customer after the monthly billing cut-off date.

17.2 Globe may send the invoice to other email address(es) of the Customer, if any, in the event of unsuccessful attempt to deliver the invoice to the email address.

17.3 It is the obligation of Customer to immediately inform Globe in writing of any change in its e-mail address for purposes of billing by emailing [email protected]. Globe shall not be responsible for the consequences of Customer’s inability to receive and pay its bills as a result of its failure to timely notify Globe. Non- receipt of the invoice is not a valid excuse for Customer not to pay on or before the due date. Customer hereby authorizes Globe to provide to the Assignee information about the Account.

17.4 Globe will try to include in the invoice all charges for the relevant billing period. However, this may not always be possible and Globe may include the unbilled charges in later bill(s).

17.5 All complaints or questions on billings shall be made by way of a written complaint emailed by the Customer or its authorized representative to [email protected]. Such complaints shall be filed not later than the due date. Otherwise, the invoice shall be deemed accepted, final, and conclusive against the Customer.

17.6 Globe shall endeavor to settle all disputed billings with the Customer at the soonest possible time. The foregoing notwithstanding, Globe reserves the right to disconnect the Service without prior notice if any invoice remains unpaid after due date. Globe shall not be liable to the Customer in any way for the disconnection and Globe’s only obligation shall be to reconnect the Service without penalty or fee and rectify amount erroneously paid and such amount shall be credited to the next bill, in the event Customer’s complaint proves to be valid. Globe will decide the billing complaints based on its records.

17.7 Globe may bill the Customer using an authorized billing agent.

17. TAXES AND REDEMPTION

FOR LOCAL CORPORATIONS

18.1 Customer shall be responsible for all taxes such as Value Added Tax (VAT), sales, use or excise taxes, and similar charges of any kind imposed by any governmental entity for Services provided under this Agreement. Customers who are VAT exempt shall submit the necessary VAT exemption certificate.

Aside from the MRF, etc., VAT and such other applicable taxes shall be imposed on Customer unless Customer is exempt from paying such taxes. If the Customer is not subject to VAT, is Exempt or enjoys Zero-Rate, the Customer must inform their designated AM and submit appropriate supporting documents as required by the Bureau of Internal Revenue (BIR). The non-imposition of VAT will be effective on the next billing date after the submission of appropriate documents, and no retroactive adjustments shall be made by Globe.

For Philippine Economic Zone Authority (PEZA) and other registered business enterprises (eg. Subic Bay Metropolitan Authority [SBMA], Tourism Infrastructure Economic Zone Authority [TIEZA]), yearly submission of updated zero-rated VAT certification and other documents to provide direct and exclusive use of services to the registered activity is required to maintain the non-imposition of VAT.

18.2 Where applicable, the Customer is responsible and shall pay for freight, shipping, handling insurance and other transportation charges, including, but not limited to all applicable import and export fees, duties and surcharges.

18.3 Customers who are designated withholding agents by the BIR shall submit electronically the BIR Forms 2307 via Globe’s eCWT Portal based on the time prescribed by law. The eCWT Portal is a platform that enables online end-to-end handling and processing of Creditable Withholding Tax (CWT) certificates and is accessible via this link: https://ecwt.globe.com.ph/portal. Globe reserves the right to collect the taxes withheld by the Customer in cash for failure to provide the CWT certificates on time.

FOR FOREIGN CORPORATIONS

The fees to be paid by Customer under this Agreement shall be net of any taxes. If Customer is required by law to make such a payment subject to the deduction or withholding of taxes, the sum payable by Customer in respect of which such deduction or withholding is required to be made shall be increased to the extent necessary to ensure that, after such deduction or withholding, Globe receives and retains a net sum equal to the fees which it would have received had no such deduction or withholding been made or required to be made.

19. PAYMENTS

19.1 The Customer is aware of the fees, rates and charges relevant to the Mobile Service availed of and agrees to pay the same not later than the due date. The Customer shall pay the entire amount billed in the invoice on or before the due date stated therein without need of any demand, demand being hereby expressly waived by Customer. Otherwise, Globe may impose a late payment fee of two percent (2%) per month on the unpaid amount from due date until full payment thereof.

19.2 Customer’s failure or refusal to pay any outstanding charges by the due date shall entitle Globe to exercise its right to redirect or temporarily disconnect or terminate the Service without incurring any liability.

19.3 Payments shall be made payable to Globe Telecom, Inc.

19.4 The Customer shall pay based on the denomination set forth in this Contract or Order Form. Denomination Conversion shall be expressly prohibited.

19.5 All payments of bills shall be made to Globe at any of its accredited payment channels. Globe shall not be bound to honor payments made to persons or entities or at places not authorized by Globe. If Customer’s payment is not honored (for example, in the case of insufficient funds for direct debit or credit card payment, or a dishonored check), Globe may charge Customer a fee for such payment.

Settlement of bills which are overdue shall be made only at any of Globe’s accredited payment channels in full and under such terms and conditions as Globe may impose and Globe’s legal rights and cause of action related to the collection of the entirety of such sums, penalties and other damages which the delayed payment shall have caused shall not be affected by payment whether in full or in part.

19.6 Customer should always indicate the account number to which the payment will be applied. Globe shall in no way be liable if the payment is not properly posted due to failure of Customer to indicate the account number.

19.7 Payments shall be applied in the following order: first, to interest or late payment fee; second to billing in arrears; and third, to current billing.

19.8 Any late payment made by Customer, whether in full or in part, shall not affect Globe’s right to pursue available remedies against Customer whether in law or in contract.

19.9 In case of overpayment to a particular Line, the excess amount shall be credited to the succeeding billing(s) for the same Line.

19.10 In case of overpayment for a terminated Line, the excess amount shall be credited following this order:

1. Oldest outstanding mobile invoice;
2. Oldest outstanding invoice under Globe Telecom, Inc. or Bayantel Communications, Inc.

19.11 Globe reserves the right to summarily terminate Globe/Innove services extended to Customer under this and any other contracts and/or subscription agreements for other services due to non-payment, or any other violation of this Agreement.

20. PROHIBITED ACTS OF THE CUSTOMER

20.1. In addition to non-payment, Globe may immediately suspend or terminate the Service or Agreement without prior notice and liability if it detects that the Service, SIM or Device is being used –

1. to commit the prohibited acts stipulated in Section 21 (Use of Service/Bypass)
2. for any fraudulent or illegal activity, whether or not punishable by law;
3. to infringe upon the rights of Globe or any third party;
4. to conduct spamming;
5. in a manner that adversely affects, interferes with or disrupts the use of the Service by other parties;
6. in violation of Globe’s AUP or FUP;
7. in violation of representations and warranties in this Agreement, other agreements, including but not limited to agreements relating to its VAS applications, where applicable; and
8. for any activity that is contrary to law, morals, custom, public policy, rules or regulations.

20.2 Customer shall not allow the Device -

1. to be used to transmit messages in violation of the law; and
2. to be connected to any instrument or accessory that is not allowed by Globe.

20.3 The SIM card shall not be inserted in a Device that is intended for broadcasting, or that allow the re-selling of subscribed services to the public such as Private Automatic Branch Exchange (PABX) System, broadcaster modem, internet modem, or other analogous equipment.

21. USE OF SERVICE/BYPASS

21.1 Customer shall not use the Service to conduct any service such as callback, unauthorized audiotext, International Simple Resale (ISR), and other analogous services which are prohibited in the Philippines, or which operation or service constitutes a bypass defrauding Globe and/or its interconnect partners of the rightful access/termination charges due them.

21.2 In the event that Customer uses Globe’s facilities and services for any illegal or unauthorized services including but not limited to those enumerated above, Customer shall immediately compensate Globe an amount equivalent to the rightful access or termination charge prevailing at the time the bypass was committed for the type of traffic passed via the bypass service or practice committed by Customer to the applicable Philippine network (including without limitation, a Globe network, or the network of any other carrier with whom Globe has an interconnect agreement and the six hundred percent (600%) penalty imposed by other carriers for breach, whether mobile or landline) plus fifty percent (50%) of such access or termination charge (the "Bypass Compensation").

21.3 Such Bypass Compensation shall be payable, without limitation, from the time the bypass activity was conducted by Customer until complete payment thereof by Customer, and such Bypass Compensation shall be computed from the time the bypass occurred until the actual cessation of bypass. Globe shall likewise pass on, and Customer agrees to accept and immediately pay, all other claims and damages demanded by any of Globe’s interconnect partners who may have been affected, directly or indirectly, by the unauthorized service. This shall not be subject to any limitation of liability provided in this Agreement.

22. REDIRECTION

22.1 Globe may redirect the Service with or without notice to Customer but without liability on the part of Globe on any of the following grounds:

1. When Customer has exceeded its Spending Limit; or
2. When Customer fails to pay any outstanding amount on or before due date.

22.2 Customer shall remain liable to pay the MRF during the period that the Service is Redirected.

22.3 The redirection will be lifted by Globe upon request of Customer provided that Customer has cured the cause of the redirection to the full satisfaction of Globe and Customer has complied with all the requirements for such lifting, including, but not limited to, payment by the Customer of a reconnection fee.

22.4 Failure of the Customer to cure the cause of the redirection within the required period of time entitles Globe to effect a permanent disconnection of the Service. If the permanent disconnection is effected within the MSP, Customer shall be liable to pay the applicable Pre-Termination Fee which shall be included in the invoice.

22.5 If Customer fails to pay, Globe shall be at liberty to take any and all actions available to it under this Agreement or the law, including, but not limited to, endorsement of Customer’s outstanding obligation to a collection agency.

23. TEMPORARY DISCONNECTION

23.1 Customer initiated -

Customer may request for Temporary Disconnection of the Service for a maximum period of thirty (30) days. Globe has the sole discretion whether or not to allow the requested Temporary Disconnection. If the Temporary Disconnection is effected within the MSP, the MSP shall be extended for the same period of Temporary Disconnection. If after thirty (30) days, no request for reconnection is made by the Customer, Globe has the option to reconnect the Service.

23.2 Globe initiated - Globe may temporarily disconnect the Service on the following grounds:

1. In the event that Customer submits erroneous documents to support the application of Service,
2. Customer commits a material breach of any provision of this Agreement;
3. Globe reasonably suspects that Customer is committing any of the prohibited acts under Section 20 (Prohibited Acts of the Customer) and Section 21 (Use of Service/Bypass);
4. There is an abnormally high usage of the Service by Customer;
5. Customer violates Globe’s Fair Use Policy;
6. Customer suffers an insolvency event and Globe reasonably believes that it is unlikely to receive payment for amount due from Customer;
7. Globe is required to suspend or terminate the Service to comply with a law, an order, instruction, request or order issued by any court, government agency or any other competent legal authority;
8. Problems involving any of Globe’s suppliers, vendors or third party contractors or other circumstances exist which prevent Globe from effectively providing the Service;
9. Repair or maintenance work on Globe’s network;
10. Force majeure; 
11. In the event that Globe suspects that Customer has committed a subscription fraud. i.e., submission of fake documents to support the application for Service; or
12. Any analogous ground.

23.3 Temporary disconnection of the Service may result in Permanent Disconnection of the Service if Customer fails to cure, within the period specified by Globe, the ground invoked by Globe for the disconnection. If the termination is within the MSP, the applicable Pre-Termination Fee shall be included in the invoice.

24. REPRESENTATIONS AND WARRANTIES

24.1 Globe represents and warrants that it will provide the Service in compliance with applicable laws and in accordance with industry standards.

24.2 THE SERVICE IS PROVIDED “AS-IS”. EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, GLOBE AND ITS AFFILIATES (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE, AND (B) DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, AND (III) THAT THE SERVICE IS UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS OR VIRUS-FREE, AND , (IV) THAT THE SERVICE WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

25. LIMITATION OF LIABILITY AND REMEDIES

25.1 Except for accrued rights or payment obligations of the parties, neither party shall be liable for any loss, damage or cost arising out of or relating to failure to perform any of its obligations under this Proposal if such failure results from Force Majeure or Fortuitous Events.

25.2 Customer assumes all the risks associated with the use of the Service. Globe shall not in any way be liable for any damage or loss, including but not limited to loss of data, that may be suffered by Customer arising from the use of the Service.

25.3 GLOBE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF INCOME, PROFITS, DATA, OR LOSS OF PROSPECTIVE BUSINESS ADVANTAGE DAMAGES FROM INABILITY TO USE, OR BUSINESS OPPORTUNITY, OR FAILURE TO ACHIEVE COST SAVINGS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, COST, OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR WHETHER THAT LIABILITY ARISES IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE.

25.4 Globe shall not in any way be liable for any redirection or disconnection, whether temporary or permanent, of the Service in accordance with the provisions of this Agreement.

25.5 The Customer shall indemnify, defend and hold harmless Globe from any third-party claim, suit or demand, which is due to gross negligence, fraudulent act or omission, or willful misconduct attributable to the Customer.

25.6 Without prejudice to the applicability of indemnity/compensation in the event of breach relating to Use of Service/Bypass Clause, neither party will be liable for direct damages in excess of what has been paid by the Customer within the twelve (12)-month period immediately prior to the event of claim.

25.7 Customer shall defend and hold Globe, its stockholders, officers, employees, contractors or agents free and harmless from any and all claims, demands, actions, causes of action, judgment, costs and reasonable attorney's fee and expenses of any nature for –

1. any damage of any kind arising from or related to Customer’s use of the Service or by another party irrespective of whether Customer has known or authorized such use; and
2. claims resulting from any action taken by Globe during or as a result of Globe’s investigations and/or from any action taken as a consequence of investigations conducted by Globe or by law enforcement authorities.

25.8 In no event shall Globe be liable for:

1. any damage of any kind arising from or relating to the use of the Service or Device by Customer or by another party irrespective of whether Customer has known or authorized such use;
2. any damage to property or injury or death to any person resulting from use and operation or malfunction of any Device used for the Service;
3. any damage as a result of Customer’s act or omission in connection with the Service or Device;
4. any damage as a result of Customer’s failure to comply with the terms and conditions of this Agreement;
5. any unauthorized access by a third party to Customer’s data;
6. any error, omission or inaccuracy with respect to any information disclosed through the use of the Service, or for any damage which such errors may cause; or
7. any delay, interruption or failure to provide or restore the Service due to force majeure or causes beyond Globe’s control.

26. ASSIGNMENT OR TRANSFER OF SERVICE

26.1 Customer shall not –

1. allow any person to share in the use and benefits of this Agreement, whether for consideration or not; or
2. assign this Agreement or any right, interest or benefit herein; or
3. mortgage the Device owned by Globe, without Globe’s prior written consent.

26.2 Customer may secure Globe’s written consent to assign or transfer its rights and obligations under this Agreement by accomplishing and submitting the Transfer of Ownership (TROW) Form request together with the required supporting documents through the Globe Business Customer Support.

26.3 In the event Globe discovers that Customer has procured or caused any of the activities stated in Section 26.1 (Assignment or Transfer of Service) above without Globe’s written consent, Globe reserves the right to immediately terminate the Service without any obligation whatsoever to provide Service to Customer’s transferee or mortgagee, or honor any agreement between Customer and its transferee or mortgagee. Customer shall indemnify Globe for all sums which it may be held liable by virtue of its refusal to render the Service to the unauthorized transferee or mortgagee.

26.4 Globe may impose such terms and conditions as it may deem fit, including the terms and conditions of this Agreement, for the re-connection or continuation of the Service to Customer’s transferee.

26.5 Customer shall continue to be liable for all charges incurred until Globe has approved the TROW Form request for the transfer.

27. TERMINATION OF SERVICE

27.1 Upon termination of Service, Customer is liable to immediately pay any and all outstanding MRF, fees and charges, including unpaid portion of the purchase price for the Device and Pre-Termination Fee, if any.

27.2 Globe reserves the right to issue a supplemental billing after the termination of the Service in the event that there are fees or charges that have not been included yet in the invoices previously sent to Customer.

27.3 Should the Customer use the Service after the termination date of the Service, Customer shall pay the corresponding charges for such use upon demand of Globe.

27.4 If the Service is terminated during the MSP by the Customer or by Globe as a result of circumstances reasonably attributable to Customer, Customer shall be liable to pay the applicable Pre-Termination Fee.

27.5 Any deposit or advance payment by Customer shall be applied to any outstanding amount due to Globe or to Globe’s subsidiaries and affiliates as of the termination date.

28. NO RESALE OR NO BUNDLING OF SERVICE

Customer shall not resell or redistribute the Service or any portion thereof to any party, whether temporary or permanent, for value, or allow any such other party to occupy, use and/or gain access to the Service without NTC’s written approval. Customer shall not use the Service as part of another telecommunication service or as a medium of promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the usage of the Service in excess of its daily usage of the Service, and /or likely to cause congestion in Globe's network. Customer shall not use the Service to create its own network or in violation of applicable laws, rules and regulations. In case of violation of this prohibition, Globe shall immediately suspend or terminate the Service or this Agreement, without notice to the Customer and without any liability on the part of Globe. The foregoing is without prejudice to any civil or criminal action which Globe may have under law, or to Globe's claim for any and all damages which Globe may suffer by virtue of the illegal and/or prejudicial acts of the Customer and which Globe is entitled to claim under law and equity.

29. RIGHT TO INSPECT

Globe, at its sole discretion, conducts inspection when so warranted under the circumstances.

30. FULL DISCLOSURE, REPRESENTATIONS AND WARRANTIES BY THE CUSTOMER

Customer shall fully disclose to Globe the use or purpose of the Service. The Customer warrants that the information and the supporting documents provided to Globe are true, correct and accurate. Customer authorizes Globe to verify such information. Any inaccuracy, falsehood, incompleteness or incorrect information provided by the Customer may result in the immediate suspension or termination of the Service or Agreement with notice by Globe.

31. ACCEPTABLE USE POLICY OR FAIR USE POLICY

Customer shall comply with Globe’s AUP or FUP found at https://www.globe.com.ph/fup#gref, which is made an integral part of this Agreement.

32. DATA PRIVACY

a. Where applicable, each party agrees to the following security, privacy and data protection measures and provisions:

1. Parties (where applicable), shall adhere to and abide by the provisions and obligations contained in Republic Act No. 10173 or the Data Privacy Act of the Philippines and its implementing rules and regulations, data privacy law and Globe’s data privacy policy found at http://www.globe.com.ph/privacy-policy. The use of personal information should also be specified to those authorized to process the personal data, and must be consistent with the purpose of this Agreement.
2. Customer shall obtain all required consents under the Data Privacy Act of 2012 and all Relevant Laws before providing personal information.
3. By subscribing to this service, the Customer acknowledges that Globe may use personal information to the extent necessary to comply with the requirements of the law and legal processes. Customer allows Globe to access and disclose to law enforcement or other government authorities, including any order of the court any data from, about or related to Customer, provided that Globe uses diligent reasonable efforts to assure that the Personal Information required to be disclosed is treated confidentially in the relevant proceeding and promptly notifies the Customer of the required disclosure to enable Customer the opportunity to prevent or control such disclosure.
4. With Customer consent, Globe may use Customer Data for planning, research, design and marketing of services. Customer acknowledges that its data is automatically forwarded to the Service Provider upon access to the Services, including Personal information that the Customer and its End Users knowingly provide via the Service.
5. Any information disclosed in the public areas of the internet (such as message boards and forums) becomes public information. Customer should exercise caution when disclosing personal information in this way.

33. TERMINATION OF CONTRACT FOR CAUSE BY THE PARTIES

Either party may terminate this Agreement if the other party is in material breach of any of its obligations under this Agreement and fails to remedy the breach for a period of thirty (30) days after a written notice by the other party which specifies the material breach, unless Customer behavior is a violation of the AUP or FUP or instances where the violation or the breach warrants immediate suspension or termination without need of exhausting the cure period including the situation contemplated in Sections 29 (Right to Inspect or Audit) and Section 30 (Affirmation and Disclosure by the Customer).

34. MISCELLANEOUS

34.1 This Agreement represents Globe’s and Customer’s entire understanding and supersedes all prior written and oral agreements and representations.

34.2 Globe reserves the right to modify this Agreement with prior notice to the Customer.

34.3 This Agreement shall commence on the activation date of the Service and shall continue until terminated by either Globe or Customer or by their mutual agreement.

34.4 Any failure by Globe to enforce any provision of this Agreement, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

34.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

34.6 This Agreement shall be construed in accordance with the laws of the Republic of the Philippines. In case of suit arising from this Agreement, Parties agree to submit to the appropriate courts in Taguig City that has jurisdiction over the case to the exclusion of all other courts. In addition to the amount due and collectible, Customer shall pay an additional twenty-five percent (25%) of such amount by way of liquidated damages and another twenty-five percent (25%) of such amount by way of attorney’s fees and costs of suit.

34.7 Customer hereby acknowledges that Customer’s Authorized Signatory has read and understood all the terms and conditions herein stated and that such authorized representative has voluntarily signed this Agreement with full knowledge and consent of everything contained in this Agreement.

34.8 Without demand, Customer shall ensure to provide at the onset of the application the following to Globe: a) its updated information or details; and b) its updated documentary requirements.

34.9 Customer warrants that the corporate data or requirements it has submitted and will be used by Globe for its Service application is the updated corporate data or requirements which is also its SIM registration details.

34.10 In accordance with the process of SIM Registration, Customer shall register their SIM or mobile number by submitting the necessary SIM Registration documents.

34.11 This Agreement may be executed in any number of counterparts, each of which is an original, but all of which together constitute one and the same agreement. This Agreement may be executed electronically or by way of electronic signature and such electronic signatures shall be deemed original signatures, have the same force and effect as manual signatures and binding upon the parties. If this Agreement shall be executed electronically, the best evidence of this Agreement shall be a copy of this Agreement bearing an electronic signature, in portable document format (.pdf) form, or in any other electronic format intended to preserve the original graphic and pictorial appearance of a document.