These General Terms and Conditions for Corporate Solutions, the Enrollment Form written on the reverse side (collectively Agreement), and Service Description attached hereto as Annex “1” embodies all the agreements by and between customer indicated on the Enrollment Form (the “Company”) and Globe Telecom, Inc. (“Globe”). Globe reserves the right to adjust, modify or amend these terms and conditions as the needs of the Service may require with due notice to the Company.
“Acceptance Date” refer to the date when the Service shall have been accepted or deemed accepted by the Company in accordance with Sec. 2.2 of this Agreement.
“Application” refers to the Corporate Solutions Application described in the Service Description, and the term “Applications” shall mean more than one Application.
“Corporate Solutions” refer to any one or all of a number of special services rendered by Globe Telecom for corporate clients, or special telephone features extended by Globe Telecom to corporate clients.
“Company” refers to the corporate entity indicated on the Enrollment Form as the customer to whom the Service will be provided.
“Enrollment Form” is the reverse page of this Agreement containing the Company’s contact and subscription details.
“Initial Contract Period” is the minimum subscription period of twenty-four (24) months reckoned from Acceptance Date.
“Registration Code” refers to the User ID or User Code assigned to the Company for a particular Service.
“Service” shall refer to the Corporate Solution(s) described in the Service Description , and “Services” shall refer to more that one Service availed of by the Company.
“SMS” means Short Message Service
ARTICLE 1 – Scope, Duration and Commencement of the Agreement
1.1 This Agreement sets forth the terms and conditions by virtue of which the Company shall avail of one or more Service(s). The Service(s) which Company will avail stated in the Service Description attached as Annex “1” hereof. The Company may avail of additional Services by executing amendments or supplements to Annex “1”.
1.2 This Agreement shall commence from Acceptance Date of the Service and this Agreement shall be valid and in force for the Initial Contract Period. After the Initial Contract Period, this Agreement shall, unless otherwise agreed, be deemed automatically renewed and shall continue to be in force on a month to month basis.
1.3 Unless otherwise stated, all the terms and conditions stated in these general Terms and Conditions as applicable to the Service describe in Annex “1” shall likewise be applicable to all other Services availed of by Company pursuant to amendments or supplements to Annex “1”.
1.4 The immediately preceding clause notwithstanding, Globe may require a different minimum subscription period for additional Services availed after the execution of this Agreement. Such minimum subscription periods for other Services shall be stated in the Supplements to Annex “1” and shall be reckoned from the Acceptance Date of such other Services.
ARTICLE 2 – Installation and Activation
2.1 The Application may require Company to install certain equipment on its premises. Where required, the Company shall provide its own equipment and facilities within its premises in accordance to Globe’s specification and guidelines for the installation of the Application. Globe shall advise the Company to upgrade its existing equipment and facilities if, in the reasonable opinion of Globe, the Company’s existing equipment and facilities are not suitable for the proper operation of the Service or may cause congestion in Globe’s network. All customer premises equipment and/or upgrades thereto shall be provided by the Company at Company’s own expense.
2.2 Globe shall install, test, commission and enable the Application and instruct the Company on the proper operation of the Service. The Company shall participate in the testing, commissioning and training activities as required by Globe. Globe shall notify the Company that it is ready to turnover the Application after the following have occurred:
- the Application has been fully tested and commissioned and met the Acceptance Test Criteria;
- Globe shall have provided a User’s Guide to Company;
- the Company shall have completed training; and
- the Company shall have paid all installation and Connection Charges, and any other initial fees and charges, if any, for the Service. The Company shall accept the Application and Service on the turnover date and issue its written acceptance of the same.
2.3 The Company must send Globe a written notice that it rejects the Application within 24 hours from receipt of the Notice of Turnover. The rejection notice must state the reasons for rejection. Globe shall immediately make the necessary rectification in order to rectify the defects or problems in the application. Globe shall temporarily suspend the Service until the Company has expressly accepted the Application.
2.4 Should the company refuse to accept the Service without any valid reason, Globe shall permanently disconnect the Service and charge Company the Cancellation Fee stated in the Enrollment Form.
2.5 Globe may, without prior notice to the Company, make any alteration to its equipment, apparatus, features, installation or Service, if Globe considers such as necessary and desirable in the interest of public service. Globe shall not be liable for any loss or inconvenience to the Company resulting therefrom.
ARTICLE 3 – Rates, Charges and Deposits
3.1 Rates and Charges Company shall pay the following rates and charges and fees applicable to the Service:
- Installation and Connection Charge
Installation and Connection Charges are indicated on the face of the Enrollment Form. All installation and connection charges shall be paid prior to the installation of the Application.
- Monthly Service Fee (MSF)
Globe’s prevailing monthly service fee and usage charge for the plan selected by the Company and indicated on the Enrollment Form shall apply.
- Usage Charges
Globe shall charge the Company for its usage of the Service beyond the free voice calls/short message allocation (if any). Unless otherwise indicated in the Enrollment Form, Globe’s prevailing rates for usage shall apply. MSF and usage charges shall be payable on the due date indicated on the monthly billing statement or invoice to be served by Globe on the Company. The Rates and Charges states above shall be subject to revision, modification or amendment, and such revisions, modifications or amendments shall become effective from the date of the effectivity of the NTC’s order modifying the rates and charges. Globe shall serve ten (10) day advance written notice of any adjustments in such rates. A change in rate is applicable on and from its effective date notwithstanding the fact that the Company may have been billed and/or has paid in advance at the previous rate.
3.2 Other Charges
Globe shall charge the Company for additional charges in the following instances: a) service modifications initiated and requested by the Company, b) re-installation of the Application, c) development and customization of the Application, d) transfer or relocation, modification upgrade or downgrade of the Service, or e) installation and maintenance of Service equipment not ordinarily provided to the Company, f) Cancellation Fees.
Adjustments in Other Charges states above shall be mutually agreed between the Company and Globe.
3.3 Downgrade Penalty
Company acknowledges that an essential consideration for provisioning the Service described in Annex “1” is/are the Service plan(s) specifically selected by the Company. Therefore, the Company shall not downgrade to lower plans for a minimum period of three (3) months from Acceptance Date. Downgrades requested during the fourth (4th) to the sixth (6th) month of subscription shall entitle Globe to collect an administrative fee for effecting such downgrade. The foregoing clause shall also apply to Service availed of by virtue of supplements or amendments to Annex “1”, reckoned from the Acceptance Date of the additional Services covered by such supplements or amendments.
ARTICLE 4 – Responsibilities of the Company
In addition to its responsibilities otherwise stated in these General Terms and Conditions, the Company shall be responsible for the following:
4.1 Use of Application – The Company shall –
- use the Application installed by Globe on Company’s equipment in a proper manner, and not re-configure the Application nor tamper with any of the Application’s parameters in a manner not permitted by the User’s Guide which Globe shall supply the Company;
- not allow the installation of the Application to any other personal computer (PC);
- not install a copy of the Application on a storage device, such as network server, used only to install or run the Application on the Company’s other computers over an internal network;
- not, without the prior written consent of Globe, resell, transfer, rent, lease or lend the Application, or use the Application as part of call center or service bureau services rendered by Company to other persons or entities; and
- not reverse engineer, decompile, or disassemble the Application.
The Company shall have full control and responsibility for ensuring the security and confidentiality of the Application and any codes, passwords, IDs and the like used with the Service. The Company is responsible and liable for the use of the Service. The Company therefore acknowledges that all transmission of voice calls, SMS and data originating from the Registration Code or other assigned to the Company shall be conclusively presumed to be the Company’s or authorized by the Company.
4.3 Third Party Consents
The Company acknowledges that it is their sole obligation and responsibility to obtain the consent of all recipients of transmissions enabled by virtue of the Application.
4.4 Globe Consent
The Company shall obtain Globe’s written approval whenever the Company contemplates using the Service as part of another Telecommunications 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 or in excess of its normal daily usage of the Service, and/or likely to cause congestion in Globe’s network.
The Company acknowledges that any data and information transmitted through the use of the Service may be subject to privacy and security risks which includes but are not limited to security breaches, eavesdropping, electronic trespassing, harassment and fraud, which are potentially harmful and damaging to the Company. People may become aware of or be able to access Company’s information.
The Company shall take the appropriate measures necessary to avoid any potential privacy and security invading activities while using the Service.
4.6 First-Line Maintenance
The Company shall-
- be solely responsible for the repair and maintenance of any or all Company’s supplied equipment and facilities used for the Service.
- Keep equipment provided by Globe, if any, clean and in good condition (fair wear and tear only excepted).
- be fully responsible for any loss or damage to Globe’s equipment in its premises, whether caused by fire, theft, vandalism, accident, fault or negligence by the Company or other persons.
- Promptly report to Globe any problem with or damage to the Application, and any circumstance or any acts of other persons which may or which the Company has reason to believe that will cause damage to the Service provided by Globe.
- not undertake any repairs to equipment provided by Globe without the prior written consent of Globe.
The Company shall permit Globe’s staff and/or authorized agents at all reasonable times to enter its premises and every other place under its control through or over which any part of the equipment or to which any part of the equipment is/are fixed for the purpose of inspecting, testing, examining or alternating Globe’s Service.
4.8 Data Integrity
The Company shall provide true, correct and complete information as may be required by Globe.
4.9 Prompt Payment
The Company shall promptly pay bills and other charges on or before the date specified in the billing invoice.
4.10 Rightful Use
The Company shall abide by the generally accepted standards of conduct and usage of the Service by not sending or transmitting calls, data or messages that contain content that is/are-
- libelous, defamatory, invades privacy, stalks, in obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to the inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights, trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- advocates or promotes illegal activity;
- impersonates or misrepresents connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g. offering of sale products or services) or otherwise engages in any commercial activity (e.g. conducting raffles and contests, displaying sponsorship banners, and/or soliciting goods or services) that tends to violate or violates the Consumer Act of the Philippines;
- includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- amounts to a ‘pyramid’ or similar scheme and such acts that violates the law. Moreover, the Company shall not send, create or reply to so called “mailbombs” (i.e. sending large or multiple SMS to a single recipient with malicious intent) or engage in “spamming” (i.e. unsolicited SMS for business or other purposes) or undertake any other activity which may adversely affect the operation of the Service. The Company shall not engage in any other activity which will threaten the integrity of any network system, nor use the Service in a manner that would comprise security or tamper with System resources and/or accounts
ARTICLE 5 – Credit Limit
5.1 The Company shall be assigned a credit limit on usage of the Service. Globe reserves the right to refuse any request for increase on the credit limit, or to require, as a condition for increased credit limit, additional deposit or revise billing cycle, at its sole discretion.
5.2 Globe may render an interim billing even before the end of any one (1) month or any one billing cycle, in the event the Company exceeds its credit limit. Should the Company fail to make payment within ten (10) days from receipt of the interim bill, or should Globe be unable to serve the interim bill on the Company because the Company is unreachable at the billing address which it has last registered with Globe then Globe may exercise its rights under Article 11 (Termination) hereof.
ARTICLE 6 – Billing and Payments
6.1 Due Dates
The monthly service fee shall be paid within thirty (30) days from receipt of such bill, without need of any demand or the services of a collector, time of payment being the essence of this Agreement. Globe shall fix the due dates of bills for sums other than the monthly service fee, at its discretion.
6.2 Place of Payment
6.2.1 All payments of bills shall be made to Globe at its Business Centers or at such other outlets or through such agents as shall be authorized by Globe. Globe shall not be bound to honor payments made to persons or entities or at places not authorized by Globe. The Company acknowledges that it has received, together with this Agreement, a list of business centers and agents authorized to accept payment. Globe shall update this list from time to time.
6.2.2 Any payment made by the Company, whether in full or in part, shall not Globe’s legal rights and any cause of action related to the collection of such sums, penalties and other damages that may accrue as a result of delayed payment.
6.3 Penalty Interest
The Company shall promptly pay all fees, charges, or any other moneys whatsoever as shown in Globe’s official bill. Any excess payment in respect of one bill may be used by Globe to offset outstanding charges, fees, charges or any other moneys in another bill or credit to the next month’s bill of Company. Penalty interest in the amount of two (2%) percent per month shall be imposed on all overdue payments, without prejudice to Globe’s right to exercise its options under Article 11 (Termination) hereof and/or to take any other legal action which it may deem necessary to protect its interest.
6.4 Application of Payment
All payments shall be applied to all overdue penalty interest, then billing in arrears, and the balance, if any, to be applied to the current obligations.
6.5 Questioned Billings
6.5.1 All complaints or question on billing shall be made by way of a written complaint in the form provided by Globe and duly filed by the Company through its authorized representative at Globe’s Corporate Sales. Such complaints shall be filed within thirty (30) days from receipt of the billings; otherwise the billing shall be deemed accepted, final and conclusive against the Company.
6.5.2 Globe shall endeavor to settle all questioned billing with the Company at the soonest possible time. Globe shall rely on its records to resolve such dispute and absent manifest error, such records shall be deemed correct and conclusive. The foregoing notwithstanding, however, Globe may exercise its rights under Article 7 (Temporary Disconnection) or Article 11 (Termination) whether such bills have been questioned or not, Globe’s only obligation shall be to reconnect the Service without penalty or fee if the Company complaints prove to be valid.
6.6 Change in Billing Address
The Company shall inform Globe in writing if any change in the billing address. Globe shall in no way be responsible for the consequences of the Company’s inability to receive and pay its bills as a result of its failure to timely notify Globe of the change in the billing address.
ARTICLE 7 – Temporary Disconnection
7.1 Globe reserves the right to suspend, redirect or temporarily disconnect the Service as soon as the Company exceeds its credit limit, or when otherwise warranted by abnormal usage patterns of other circumstances stated elsewhere in this Agreement, without need of prior written notice to the Company. Globe shall have no liability whatsoever to the Company for such suspension, redirection or temporary disconnection and shall have no obligation to reconnect the Service unless the cause of such suspension, redirection or temporary disconnection has been cured to its satisfaction. Such temporary disconnection may be made permanent at Globe’s option for the Company’s failure to cure the cause of disconnection within reasonable period of time. Reconnection shall be at the sole discretion of Globe, and subject to such reconnection fees and other terms and conditions as Globe may impose.
7.2 Globe reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any transmission of voice calls, data or messages. Globe may seek to gather information from the Company, the recipient(s) or the complaining party. Globe may, without incurring any liability, suspend the Company from the use of the Service as it deems appropriate and without notice. If Globe, in its sole discretion, determines that a violation of this Agreement has occurred, it may terminate, temporarily or permanently, the Service or take other corrective action it deems appropriate. Globe will fully cooperate with any court order requesting or directing Globe to disclose the identity of the Company violating.
7.3 Non exercise of the remedies herein above stated shall not absolve the Company from liability for all charges incurred in excess of the credit limit.
ARTICLE 8 – Assignment or Transfer of Ownership or Rights
8.1 The Company shall not, without Globe’s prior written consent and the filing of appropriate Service modification request with Globe, assign this Agreement or any rights, interest or benefit therein, nor transfer, cause the transfer or sub-lease any or all part of the Service, or allow any person to share the use of the Service on in the benefits of this Agreement, whether for consideration or not.
8.2 In the event Globe discovers that the Company has procured or caused any of the foregoing without Globe’s prior written consent Globe reserves the right to immediately terminate the Service without any obligation whatsoever to provide Service to the transferee or mortgagee, or honor any agreement between the transferor and the transferee, or to impose such terms and conditions of this Agreement, for the reconnection or continuation of the Service to the transferee.
8.3 The Company shall continue to be liable for all charges incurred and until it has personally notified Globe of any arrangements made with regard to the Service and Globe has approved such transfer or alternative arrangement, and shall in any event indemnify Globe for all sums for which it may be held liable by virtue of its refusal to render Service to the authorized transferee.
8.4 Furthermore, in the event Globe opts not to execute a new agreement with the transferee, the Company shall indemnify Globe against all expenses incurred as a result thereof.
ARTICLE 9 - Limits of Liability
9.1 Globe shall not be liable for any error, omission or inaccuracy with respect to the information disclosed through the use of the Service, or for any damages which such errors may cause.
9.2 Globe shall not be liable for any damages, whether direct or indirect, actual or consequential or otherwise, for any interruption or failure in Service due to causes beyond the control of Globe. Globe shall not be liable to the Company or to any third party claiming from or through the Company for any damage, loss or injury, whether to persons or properties howsoever arising from or occasioned by the equipment or any part thereof.
9.3 The Company shall hold Globe free and harmless for any claims for loss or damage, whether sustained by the Company or by third parties by the virtue of the Company’s use of the Service. The Company shall defend, indemnify and hold Globe free and harmless from and against all claims, demands, actions, cause of action, judgments, costs and reasonable attorneys’ fee and expenses of any kind of nature for any damages of any kind arising from or related to the use of the Service including any breach by the Company of the terms of this Agreement, whether such use is by the Company or any third party irrespective of whether the Company has authorized or known about such usage, or otherwise arising under or related to this Agreement or the Service.
9.4 Globe shall not be liable for any delay or interruption in or failure to provide or restore the Service howsoever caused including, without limitation, anything caused by or attributable to the Company’s equipment and facilities of any services provided by any person. Globe’s maximum liability for any damages arising out of or in any way related to this Agreement or the Service shall be limited to the monthly service fee.
9.5 In no event shall Globe be liable for any unauthorized access by third party to the Company’s network or data, resulting to Company’s loss of profits or data, or for any incidental, special, exemplary, or consequential damages.
9.6 The Company acknowledges that the Service may be deactivated, suspended, disconnected or interrupted due to various reasons or causes beyond Globe’s control including but not limited to force majeure or acts of God, power and equipment failure, or acts or omission on the part of a third party. Accordingly, Globe shall not be liable for any claim, liability or damage of whatever kind whether direct, indirect, consequential or special damages including but not limited to loss of opportunity, anticipated profits or other economic gain.
9.7 The Company hereby waives and hold Globe free and harmless from any claims resulting from any action taken by Globe during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Globe or by law enforcement authorities.
ARTICLE 10 – Representation and Warranties
10.1 As to the Application
- Globe disclaims all other warranties and conditions, either express or implied, including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Application, and the provision of or failure to provide support services.
10.2 As to the Service
- Globe warrants that it shall provide the Service as may be agreed upon by the parties and that is shall strictly comply with industry standards.
- Globe does not warrant that the Service shall be uninterrupted or error free. The use of the Service, any information available and/or accessed through the Service, and any security features provided for the Service shall be at the Company’s sole risk. Other than any express warranties contained in this Agreement, Globe disclaims all warranties, either express or implied, including without limitation, any warranties of merchantability or fitness for particular purpose, or year/date accuracy.
- The Company hereby represents and warrants that the use of the Service hereunder shall not violate or infringe upon any proprietary or other rights of others, be abusive, threatening, obscene, profane or otherwise offensive, or violate any applicable laws and regulation.
10.3 The Company further represents and warrants that it shall strictly comply with the Responsibility of the Company (Article 4) and its subsections and that it shall not represent to any third party that Globe has made any warranty or representation of any kind with respect to the Application or Service.
ARTICLE 11 – Termination
11.1 By the Company
The Company may terminate this Agreement by filing with Globe’s Business Solutions a written notice of termination at least thirty (30) calendar days prior to the intended effectivity of such termination. However, if the Company chooses to terminate or cancel the Service before the expiration of the minimum subscription as stated under clause V of the VAS Form, the Company shall pay Globe all outstanding bills and any pre-termination fee that may be imposed by Globe. Failure to pay the pre-termination charges within the thirty (30) day period shall be subject the pre-termination charges to interest at the rate of two percent (2%) per month until the same is fully paid.
11.2 By Globe
11.2.1 Globe reserves the right to summarily deactivate, suspend or terminate the Service/Agreement and disconnect Service to the Company, without prior notice and liability whatsoever to the Company if:
- the charges, fees, costs, rentals or any other moneys payable under this Agreement or under any other agreement, including any agreement between the Company and any other party whereby Globe derives a pecuniary or other benefit and/or acts such as a billing and/or collecting agent for the same of such other party whether for arrears or otherwise, are overdue or in arrears;
- in the reasonable opinion of Globe the Company has otherwise breached any of the terms herein contained or performs acts otherwise prejudicial to Globe;
- the Company fails to make suitable deposits when required;
- the Company shall be adjudged bankrupt, insolvent, or be subject to a petition for suspension of payments or receivership, or if the Company makes any composition or arrangements with or assignment for the benefit of his creditors;
- the Company has provided any particular information which are incorrect, false or incomplete;
- the Company resells or uses the Service in violation of existing law or for an illegal purpose;
- any law enforcement body objects to provision of the Service to the Company or any law enforcement body advises Globe that the Service provided by Globe to the Company has been or is being used in violation of law, or that it has reasonable ground to believe that such Service will be used in violation of law;
- when in Globe’s sole discretion, the use of the Service is unauthorized or unsafe;
- the Company is engaged in any act which defrauds or tends to defraud Globe, whether the same is punishable under law or not; or
- the Company has violated any provisions of this Agreement.
11.2.2 Globe reserves the right to summarily cut or temporarily discontinue all Globe’s services extended to under this and all subscription arrangement and contracts, for non-payment, or any other violation of the Agreement.
The disconnection of the service shall become permanent upon failure of the Company to correct the ground for discontinuance of service within ten (10) calendar days from temporary disconnection. In case of restoration of Service, the Company shall pay all applicable fees and charges. 11.3 All unpaid bills, applicable fees, deferred or installment charges, and penalty charges shall immediately become due and demandable without prejudice to the payment of the applicable termination fee and any remedial action to be taken by Globe. The Company hereby absolves Globe from all liabilities arising from the deactivation, disconnection or termination herein contemplated.
11.4 In any event, Globe shall not be liable for any claim, liability or damage of whatever kind, whether actual, indirect, consequential or special damages, including but not limited to loss opportunity, anticipated profits or other economic gain.
11.5 In the event of termination of the agreement by Globe for any of the reasons stated in this section, the Company shall be liable as stipulated under Company’s Liability on Termination (Article 12).
ARTICLE 12 – Company’s Liability on Termination
12.1 In the event of termination of the Service/Agreement by Globe, the Company shall be liable to Globe for all unpaid bills, applicable fees, deferred or installment charges, and penalty charges incurred up to the time of termination of the Service, and penalty interest from the date of termination and up and until all such charges are paid and settled in full by the Company.
12.2 The Company shall immediately delete the Application from its computer.
12.3 If Globe is unable to retrieve its equipment, if any, from the premises of the Company upon termination for reasons attributable to the Company, the Company shall also be liable for the full cost of such equipment. 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 Company and which Globe is entitled to claim under law and equity.
12.4 The Company shall, from the date of notice of termination of the Agreement is given, in addition to the liabilities stipulated in Section 13.2, be responsible for the safe custody of all Globe’s properties until such time they are collected by Globe’s staff and/or authorized agents or surrendered by the Company to Globe’s staff and/or agents, and allowing Globe’s staff and/or authorize agents to enter the premises where the equipment is installed or obtain the necessary authorization for the same so that Globe’s staff and/or authorized agents may remove all Globe’s properties.
ARTICLE 13 – Miscellaneous
13.1 Non-Inducement Clause
Globe shall be entitled to terminate the Service provided at any time if it shall come to the knowledge of Globe that any gift/consideration of any kind as an inducement/reward was given or offered to any Globe’s staff and/or authorize agents in connection with the provision of such service.
13.2 Required Disclosures
Globe shall respect and comply with all laws, orders of court of law, government, or law enforcement agencies, and regulatory authorities, requiring disclosures of information regarding the Company’s account. The Company acknowledges and agrees that such disclosures may be made and that it has no cause of action, in law or in equity against Globe for such disclosures.
All taxes such as Value-Added Tax presently imposed by the Government on the Service, usage charges and other fees as well as those taxes which the Government may impose hereon and in the future shall be for the account of the Company.
Any amendments, alteration or modification of this Agreement shall not be valid and binding unless and until reduced into writing, dated and signed by the party sought to be bound thereby.
If any of the provision of this Agreement or the application thereof to any situation or circumstance shall be invalid and unenforceable, the remainder of this Agreement shall not be affected, and remaining provision shall be valid and enforceable to the fullest extent. In the event of such partial invalidity, the parties shall seek in good faith to agree on replacing such legally invalid provision that in effect will most nearly and fairly approach the effect of the invalid provision.
Any notice, demand, request, or other communication under this Agreement shall be in writing and shall be deemed to have been duly given or made (a) if made by hand delivery, when delivered, (b) if sent by mail, seven (7) days after being deposited in mails, postage prepaid, and (c) if sent by facsimile to a facsimile receiver at the proper number of a party hereto as specified below, when receipt is acknowledged, addressed as follows;
The Globe Tower, 32nd cor 7th Avenue, BGC, Taguig, 1634, Philippines
(for contract/implementation/billing disputes/termination and technical issues)
Attention: Globe Business
Customer Service Hotline: (632)730-1288
E-mail: [email protected]
Monday to Sunday 24 hours/day
(for service inquiries)
13.7 Venue of Suit and Litigation Expenses
In the event of suit arising from or connected with this Agreement, the appropriate courts in Mandaluyong, Metro Manila shall have jurisdiction over the case to the exclusion of all other courts. In case of suit, the Company shall in addition to the amount due and collectible, pay twenty-five (25%) percent of such as damages and twenty-five (25%) percent such by way of attorney’s fees and costs of suit.