Terms and Conditions for Prepaid Internet Kit
GENERAL TERMS AND CONDITIONS
1.1. One-Time Charge (OTC)
Customer shall pay in cash, bank transfer or check prior to submission of the order form to the Account Manager.
1.2. Customer shall pay its bills through any of the accredited payment channels. Globe shall not be bound to honor payments made to persons or entities not authorized by Globe to receive payments on its behalf. If Customer’s payment is not honored (for example, in the case of a dishonored check), Globe may charge Customer a fee for such payment.
1.3. Payments shall be applied in the following order: first, to payment fee for dishonored check (if any); second, to billing.
- TAXES, SHIPPING, RISK, AND LOSS
2.1. Customer shall be responsible for all taxes such as 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 OTC, 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 (this includes Exempt or Zero-Rated entities), Customer's authorized representative/s must inform their designated account managers 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 economic zone locators (eg. Subic Bay Metropolitan Authority [SBMA], Tourism Infrastructure and Enterprise Zone Authority [TIEZA]), yearly submission of updated zero-rated VAT certification is required to maintain the non-imposition of VAT.
2.2. Where applicable, 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.
2.3. Customers who are designated withholding agents by the BIR shall submit electronically the BIR Forms 2307 and 2306, as applicable, via Globe’s eCWT Portal. 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/.
- AFTER–SALES SERVICE
3.1. 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:
3.2 Only the SPOC or Authorized Signatory is authorized to transact the after sales services listed above.
- Change of Account Assignee;
- Change of Mobile Number;
- Change or Modification of Subscription Plan/ Pack;
- Report of Lost and/or Found Device/SIM;
- SIM Card Replacement;Billing Concerns;
- Device Replacement (subject to the rule on 7-day from receipt replacement).
3.3. 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.
3.4. 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). Scanned copy of the written notice signed by the Authorized Signatory must be attached to the email.
- PROHIBITED ACTS OF THE CUSTOMER
4.1. Customer acknowledges that the Device is locked to the Globe network. Customer shall not take any action to have the Device unlocked.
4.2. Customer shall not use, or allow the use of the Service -
4.3. Customer shall not allow the Device -
- for any fraudulent, unlawful, illegal or abusive activity, whether or not punishable by law;
- to infringe upon the rights of Globe or any third party;
- to conduct spamming.
4.4. The SIM 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.
- to be used to transmit messages in violation of the law; and
- to be connected to any instrument or accessory that is not allowed by Globe.
4.5. Globe reserves the right to disconnect or suspend Service and/or refuse to reconnect the suspended Service if you or any other person, at the sole discretion of Globe, are/is found to use the Service for any abusive, fraudulent purpose or illegal activities. Globe also reserves the right to file the appropriate legal action against you and to charge the appropriate pre-termination fee, if any.
- SUSPENSION OF SERVICE
Globe may immediately suspend or terminate the Service if it detects that the Service is being used:
- to commit the prohibited acts stipulated in Section 4 (Prohibited Acts of the Customer);
- for spamming;
- in a manner that adversely affects, interferes with or disrupts the use of the Service by other parties;
- in violation of Globe’s Acceptable Use Policy; and
- for any activity that is contrary to law, morals, customer or public policy;
- BY-PASS PROVISION
6.1. Customer shall not use the Service to conduct any service such as callback, unauthorized audiotex, 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.
6.2. 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 (if only Globe network is affected) or the amount demanded by Globe’s interconnect partner 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, whether mobile or landline) plus fifty percent (50%) of such access or termination charge (the "Bypass Compensation").
6.3. 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. lobe 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.
- REPRESENTATIONS AND WARRANTIES
7.1. Globe represents and warrants that it will provide the Service in compliance with applicable laws and in accordance with industry standards.
7.2. Globe does not represent nor warrant that the service will be uninterrupted or error free. except as provided in this Agreement, Globe disclaims any and all representations and warranties as to the Service, whether express or implied, including but not limited to, warranties of merchantability or fitness for a particular purpose. neither does Globe make any representation that the Service is available throughout the Philippine territory.
7.3. All information and translations are provided on an “AS IS” basis. The Service is non-refundable and non-replaceable in the event of loss, theft, or damage due to misuse, mishandling, or neglect.
- LIMITATION OF LIABILITY AND REMEDIES
8.1. 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.
8.2. 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, 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.
8.3. Globe shall not in any way be liable for any or disconnection, whether temporary or permanent, of the Service in accordance with the provisions of this Agreement.
8.4. Globe’s aggregate liability under this Agreement shall not exceed the amount that has been paid by the Customer in this Agreement prior to the event of the claim.
8.5. 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 –
8.6. In no event shall Globe be liable for:
- 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
- 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.
8.7. Globe shall not be responsible for the Service and any related problems or technical malfunction of any network or lines, computer online systems or servers, service providers, computer equipment, software, or any combination thereof (including those of third parties), including any injury or damage to any user or any other person related to or resulting from participation in or sending or receiving of any communication of any materials through Service. In addition, Globe shall not be liable for:
- any damage of any kind arising from or relating to the use of the Service by Customer or by another party irrespective of whether Customer has known or authorized such use;
- 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;
- any damage as a result of Customer’s act or omission in connection with the Service;
- any damage as a result of Customer’s failure to comply with the terms and conditions of this Agreement;
- any unauthorized access by a third party to Customer’s data;
- 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
- any delay, interruption or failure to provide or restore the Service due to force majeure or causes beyond Globe’s control.
- 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 Globe’s control (including, but not limited to, acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation);
- any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information transmitted to or from you, howsoever caused;
- theft or unauthorized use of the Service or any loss, costs, damages, or compensation incurred by or payable to any third party by you;
- transmission or non-transmission of any illegal, false, misleading, derogatory, libelous, obscene or vulgar messages or information; or
- any network congestion or service degradation for reasons not within its control.
- COUNTERPART AND ELECTRONIC SIGNATURE
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.
- INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights to or over content (including, but not limited to, information, communications, software, images, videos, and/or sounds contained on or available through the Globe Prepaid Internet Service) and its parts provided by Globe, its content providers, and/or third party licensors belong to Globe, its content providers, and/or third party licensors, as the case may be. All rights are reserved. The contents of the Globe Prepaid Internet Service cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical photocopying or recording. Without prejudice to the foregoing, you agree that the material and content contained within or available through the Globe Prepaid Internet Service may not be used or distributed for commercial, unlawful, fraudulent, illicit, or abusive purposes, or in relation to Unauthorized or Illegal Activities as defined in these Terms and Conditions.
You agree and consent to the collection, disclosure, analysis, processing and/or use, either by Globe or by third parties on behalf of Globe, of your personal data, including your personal information, usage or billing data volunteered by you or gathered from your use of the Service, for research, marketing, and improving products, services and other purposes. Specifically, you agree and consent that Globe and its subsidiaries and affiliates (such as but not limited to Innove Communications, Inc., AdSpark, Inc., G-Xchange, Inc. [GCash], Globe Fintech Innovations, Inc. [Mynt], Fuse Lending, Inc. [Fuse] among others) [Globe Group] and Globe partners, may use your subscriber personal information and data (either under control of or processed by Globe Group) to:
Further, you understand and agree that:
- manage your subscriber account, carry out customer care activities and support staff training (including but not limited to monitoring of calls made to Globe hotlines, or of e-mails or text or electronic messages sent by subscribers to Globe), and to perform after-sales transactions (such as but not limited to promo upgrades or revisions);
- monitor the quality and security of the Globe network and test and maintain Globe’s IT systems;
- analyze subscribers’ frequency of use of the Service for marketing purposes including but not limited to the data calls and data messages that Subscriber sends and receives;
- send to emergency data services (if subscriber makes an emergency data call), including subscribers’ approximate locations;
- contact subscribers with marketing messages such as cross-sell or upsell of current and new products/services, commercial and promotional advertisements, loyalty and rewards programs, and other broadcast push messages; and
- provide government requirements and for the social good.
- Globe does not include subscriber details in any directory or directory-enquiry service. If you want to have their subscriber information included in these services, you should contact Globe;
- Globe and/or its subsidiaries and/or affiliates may contact you via any of the following channels: text, data call out, and other digital assets, such as online or mobile apps;
- you may amend, update, revise or delete certain parts of the personal data you provided to or collected by Globe at any time via apps, e-mails, phone calls, or visits to Globe stores;
- you may also take with you all of the personal data you provided to Globe when you leave the Globe network (this may be provided via a PDF file upon request);
- should you not want to receive marketing or other messages from Globe and/or its subsidiaries and/or its affiliates, or from other organizations, you must immediately contact Globe through the Globe website (www.globe.com.ph) or by calling 211 via your mobile device or (02) 7730-1000 thru a landline; by using the Service, you agree and consent to the disclosure and the processing/analyzing, either by Globe or by third parties on behalf of Globe, Globe Group or Globe partners, of your personal data, including location profiling and interest profiling based on sites you visited, for marketing and other purposes. For this purpose, you acknowledge and agree that Globe or by third parties on behalf of Globe, Globe Group or Globe partners may send you commercial and promotional advertisements, market research surveys, and other broadcast push messages with regard to Value Added Services (VAS) and content;
- Customer shall comply with Globe’s Fair Use Policy found at Globe’s website at https://www.globe.com.ph/aup, which is made an integral part of this Agreement; and
The foregoing Terms and Conditions shall be construed in accordance with Philippine law, including matters on enforcement and performance. All suits involving the Globe Prepaid Service shall be filed exclusively with the proper courts in Taguig City, Philippines.
DEVICE TERMS AND CONDITIONS
By purchasing the Service, the Customer, agree to comply with and observe the Device Terms and Conditions below and all future amendments.
- APPLICATION APPROVAL AND SERVICE ACTIVATION
1.1. Customer affirms that the information provided in the Application 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.
1.2. 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.
1.3. The Service shall be delivered after approval of Customer’s application.
- DEVICE / MODEM
2.1. Globe provides or sells devices incidental to and not separately from subscriptions for the Service (i.e., as part device bundles). The devices purchased as part of the Service are not replaceable nor is the purchase price refundable in the event of loss or damage. Replacements or repairs of devices purchased as part of a Service are governed by the Globe policy on returns and exchanges. Globe reserves the right to SIM-lock such devices.
2.2. 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 -
- the device and its accessories, i.e., LAN cable, modem power supply, etc., are new and original;
- there is a manufacturer’s warranty seal, which is not defaced or altered;
- the device is free from dents and scratches; and
- the device and its accessories have no apparent defect
2.3. In the event of a device with factory defect –
- If factory defect is discovered for a period of seven (7) days from date of purchase, 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.
- If the factory defect is discovered from eighth (8th) to the three-hundred sixty fifth (365th) date from purchase, and subject to the manufacturer’s warranty - Customer shall bring the defective device to the authorized Service Center for repair.
- There may be charges if defects are not covered by warranty.
- The replacement device shall be subject to the 7-day replacement policy.
- Warranty is void if the device is found to have been damaged due to user negligence (i.e. scratches, cracks, dings or dents). Warranty is void if there is any indication of an attempted repair from an unauthorized service provider.
2.4. Globe reserves the right to deny a request for replacement in any of the following instances:
- 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;
- The device’s serial number, accessory date code, International Mobile Equipment Identity (IMEI), or manufacturer’s warranty seal has been removed, defaced or altered;
- GLOBE’s SIM lock has been unlocked or tampered;
- The original manufacturer’s battery or other accessories are incomplete or have been replaced;
- There are visible dents, scratches, markings or signs indicating that the device was dropped;
- The device’s electronic IMEI is not the same as the IMEI on the transceiver label; or
- Any other instance showing that the device’s flaw is not a factory defect.
2.5. 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 other charges. 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.
2.6. Subject to Clauses 2.3 and 2.4 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 charges 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.
2.7. 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.
PREPAID SIM TERMS AND CONDITIONS
This Service contains the SIM card with the corresponding mobile number.
- The Service may be used only if:
Globe shall have the sole discretion on whether a particular device or SIM card may access the Globe network and use the Service. Globe’s records shall prevail in the event of any dispute on the eligibility of a particular device for use with the Service.
- the SIM card is used with a SIM-based device specific to the SIM Pack;
- the device is SIM-locked to Globe, and not blacklisted by Globe or by the National Telecommunications Commission (NTC) due to theft, loss or other reasons.
- The Service requires the use of a SIM card. Continued access to the Service requires the purchase of Globe Prepaid Load which may be obtained from any Globe loading service, promo or sales channel. The specific features and terms and conditions of the particular loading service, promo or service channel shall govern the use and availability of the load concerned. The loading service, promo or service channel cannot be used with SIM cards acquired under Globe’s Postpaid subscriptions.
- Your SIM card will expire by the date indicated on the SIM bed, if no device activity is done using the SIM card from its purchase or within one year from the date of last Service (re)loading if no further mobile activity is done using the SIM card after some use. Expired SIM cards will be permanently disconnected from the Globe network, and the corresponding mobile number may be reassigned. If permanently disconnected, your SIM card can no longer be reactivated and your mobile number that has been reassigned cannot be reacquired. You must replace a new SIM to avail of the Service. Prepaid Load, regardless of how obtained, is not redeemable or refundable for cash.
- Data used, or promos registered to using the SIM card (including, but not limited to, use of apps, use of the prepaid internet device as a Wi-Fi hotspot; making video calls; or registration to content promos) will be subject to Globe’s Prepaid Internet Rates prevailing as of the time the data is used / promos are registered to, plus applicable toll charges and taxes. Globe reserves the right to change Prepaid Rates without prior notice, upon effectivity of the NTC Order approving such change(s). Promos are priced separately and have their respective validity periods and terms and conditions of use.
- It is your responsibility to secure, safekeep, and store your device(s) with inserted SIM card, as well as monitor and use any load in your account, and protect these things from loss, theft, damage, or unauthorized use. The SIM card is assigned unique personal identification number (PIN) and personal unlocking key (PUK) codes that are printed on the SIM bed which you should keep safe and secure at all times. The PIN codes are security numbers that must be keyed into the SIM card in order to explore device services and other features; the PUK codes are security numbers used to unlock the SIM card that has been blocked due to erroneous input of PIN codes. Globe does not store backup copies of the PIN and PUK codes issued with SIM cards, and therefore cannot issue or generate backup or replacement PIN and PUK codes.
- Data used, or promos registered to using the SIM card (including, but not limited to, use of apps, use of the prepaid internet device as a Wi-Fi hotspot; making video calls; or registration to content promos) shall be automatically charged against your load (or against any standing promo registered to) and shall be presumed to be made used, registered or authorized by you. Globe will not entertain any claim for rebate, return or refund of load on account of unauthorized use of the SIM card. You acknowledge and agree that it is inherent in the nature of a prepaid service that details or an itemized billing of data usage in connection with a SIM card cannot and will not be provided by Globe.
- Claims of defects in the SIM card shall be entertained if brought to Globe’s attention within seven (7) days from the date of purchase and only if there has been no prior usage and if it has missing, incomplete, or unclear card numbers (including PIN or PUK codes). All required documents and any replacements shall be subject to the investigation by and sole discretion of Globe.
- Unauthorized Activities. As a subscriber, you shall not engage in the following activities (“Unauthorized Activities”):
- Resale or any commercial use of the Service, without the prior express written consent of Globe;
- Utilization of the Service in bypassing or in activities that tend to bypass the Globe network, billing and/or traffic routing;
- Use of the Service in prohibited services like callback, dial back, unauthorized audio text, international and national simple resale (ISR/NISR), international revenue share fraud (IRSF), premium rate service (PRS) fraud, Internet fraud, hacking, text spamming, text flooding, text hoax, and other similar services;
- Tampering, altering, modification, or unauthorized programming of SIM card or its digital reference; or
- Other similar or analogous activities.
You shall be liable to Globe for any and all damages resulting from your commission or tolerance or abetting the commission of any of the above Unauthorized Activities. In addition, you shall be liable to Globe for any and all compensation fee on account of any of the above Unauthorized Activities and unauthorized commercial use of the Service. The compensation fee is payable, without any limitation from the time the Unauthorized Activity occurred or is committed until the actual cessation thereof. A penalty equivalent to one hundred fifty percent (150%) of the computed revenue losses shall be charged against you if proven accountable for such Unauthorized Activity. For this purpose, Globe has the right to full access, without the need of court order, to the relevant books and all other records held by you or in your possession in order to ascertain the volume of traffic and total amount of compensation fee payable. In the absence of said record, Globe shall have the sole discretion in the determination of the bypass compensation.
Illegal Activities. In addition to the Unauthorized Activities referred to above, you as a Internet subscriber undertake not to use the Service, SIM card or load for any activity that is contrary to morals and/or public policy, or which violates any ordinance, law, decree, order, regulation, or treaty, including those penalizing identity theft/usurpation and violations of the Cybercrime Law, Data Privacy Act, Intellectual Property Code, and Anti-Child Pornography Act, among others (“Illegal Activities”). You agree to indemnify and hold Globe and injured third parties free and harmless from any liability, suit, or damage arising from or connected with your Unauthorized and/or Illegal Activities.
Apart from the remedies above, you further authorize Globe to supply any and all information requested by any law enforcement or government agency/ies, or other private entities, the latter within the limits provided for by law, relative to your subscription to the Service, for which you hereby irrevocably and unconditionally waive any and all relevant remedies under the law, including but not limited to the right to claim damages against Globe.
- You and your use of the Service, SIM card, load, as well as any special promos availed of by you, including their updates are governed by the Terms and Condition. You shall be responsible for reading the Terms and Conditions pertaining to Service as well as any special promos availed of by you, including their updates, as posted in Globe's website or other official social media or published in newspapers of general circulation and you hereby agree to be bound by them.