Delivery of SIM cards will be made within 45 days upon signing of the proposal, except in case of force majeure, instances beyond control of Service Provided that prevents it from performing its obligation to install.
Client’s commitment is 850 M2M Data SIM only.
It is understood that Globe relies on Client’s committed number of M2M subscriptions requirement. In case that the committed number of M2M subscriptions will not be fulfilled by the Client within the agreed period, billing for the remaining uninstalled devices will commence after 45 days from signing of the proposal.
Schedule of delivery/deployment must be agreed with client and activation of SIMs/plans will be done based on the agreed schedule.
Pre-termination penalty is equivalent to the total Monthly Service Fee (MSF) for the remaining balance of the term.
Indemnity and Limits of Liability Each party shall hold the other free and harmless from and indemnify the aggrieved or non-defaulting party for any claims, suits, loss, expense, cost or damage directly arising from such defaulting party's fault, negligence, or breach of material obligation including but not limited to failure to procure sufficient insurance coverage for injury to person or damage to property or failure to disclose the nature of this Agreement to the insurance provider rendering disallowance of insurance compensation, whether the claims, suits, loss, expense, cost or damage be based on contract, under statute or tort/quasi-delict, and whether the same were incurred or suffered by the party itself or arose from a claim commenced against such party by a third person. The non-defaulting party shall notify the defaulting party of the occurrence of any breach, fault, or negligence by the latter, and shall inform the latter of its demand for the reimbursement by the latter for any claim, suit, loss, expense, cost or damage arising out of or in connection with such breach, fault or negligence.
In the event that Globe is liable under this Agreement, Globe’s liability shall only be to the extent of direct damages not to exceed the amount paid by the Client.
Globe shall not be liable for any loss, damage, costs, or expenses, including loss of profits, business or anticipated savings, or any other indirect or consequential, punitive, special, incidental damages suffered or incurred by Client, its agents, employees, or sub-contractors, which may arise (whether in contract, tort, under statute or otherwise) by reason of or in connection with this Agreement.
Interpretation of the Contract If any provision of this Contract or its application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall be ineffective without invalidating the remaining provisions of this Contract and without affecting the validity or enforceability of such provisions. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid.
Assignment Neither party shall assign, transfer or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without consent of the other.
No Third Party Beneficiaries This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
Claims Claims must be filed within the period of time required by law.
Notices and Communication Notification to Client shall be made to the address and or contact details as indicated herein by Client
Governing Law Philippine Law governs the interpretation of this contract and applies to claims for breach of it. All other claims, including claims regarding breach of contract, breach of warranty, consumer protection laws, will be subject to Philippine laws. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, will be subject to exhaustion of good faith negotiations, dispute resolution and escalation between parties and subject to final resolution as judicially determined.