This Service Agreement (hereinafter referred to as “Agreement”) governs the relationship between SKY Cable Corporation (hereinafter referred to as “Service Provider”) and an approved and activated subscriber (hereinafter referred to as “Subscriber”) and defines the rights and obligations of the subscriber. This agreement shall take effect immediately upon activation of the service subject to the details written on the reverse side hereof.
If any of the provisions in this Agreement are rendered unenforceable by order of competent government authority, then the provisions that remain valid can be enforced and shall remain in full force and effect. The Service Provider being unable to strictly enforce one or any of the provisions in this Agreement shall not be construed as a waiver of the provision(s) concerned.
1. Services. The Service Provider shall provide cable Internet service (hereinafter referred to as “SKYBROADBAND”) to the Subscriber in accordance with this agreement. Value-added services may also be provided if and when available, subject to the terms and conditions for the availment of such services as provided under a separate agreement.
Except as provided in this Agreement, all rights, title and interest in and to the SKYBROADBAND Service, including but not limited to the title or titles, names, marks, logos, or material included therein, shall remain vested in SKY Cable Corporation. The Subscriber hereby acknowledges the right of the SKY Cable Corporation to assign its rights under the agreement to any entity controlled by or under common control with or controlling its parent company, without the prior written consent of the Subscriber. This Agreement and the rights and obligations of the parties hereunder shall be binding upon and shall inure to the benefit of the Parties, and their respective legal representatives, successor entities or successors in interest, and permitted assigns.
2. Internet Content. The Service Provider does not monitor and censor any content accessible through the Internet and hence assumes no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of any content accessed using SKYBROADBAND. Subscriber questions and complaints regarding content found on the Internet must be addressed to the content provider. The Company does not provide but Subscriber has the option to use software that safeguards against inappropriate content.
3. SKYBROADBAND Standard Inclusions. Each SKYBROADBAND subscription shall receive the following standard inclusions: standard length of cable as determined by the Service Provider, 1 splitter, 1 cable modem, 1 high-pass filter, 1-4 email addresses (4 MB of mail space each) depending on package and 1-3 dynamic public IP addresses, also depending on package. A Subscriber who wishes to have more than one (1) cable modem will be treated as having multiple SKYBROADBAND subscriptions and will be charged accordingly. In addition, a Subscriber who wants to have more than 4MB in one email address can choose to eat up the allocation of his other email address space.
4. Minimum Subscription Period. The Service Provider reserves the right to impose a one (1) year minimum subscription period for the Services from date of activation. Should the Subscriber fail to complete the minimum subscription period, or choose to terminate or cancel the subscription prior to the end of the minimum subscription period, the Service Provider may charge the Subscriber a pre-termination fee imposed by way of penalty in addition to forfeiture of any deposits made as provided herein.
5. Subscription Fees and Other Charges. The Subscriber agrees to pay to Service Provider subscription fees and other charges, as well as all applicable taxes, in accordance with the selected payment plan in the Service Application Form. The Service Provider reserves the right to increase the monthly subscription fee, costs of services and impose charges other than those indicated in the said form.
a. Cable Modem Deposit. Although cable modem rental is free of charge, the Service Provider reserves the right to charge the subscriber a refundable cable modem deposit. This deposit shall be collected up front upon installation and subject to the following conditions: * Upon disconnection, the deposit shall be applied to the Subscriber’s outstanding balance, if any. Any excess amount shall be refunded to the Subscriber upon request and return of cable modem in good working condition. * The deposit shall be forfeited in favor of the Service Provider if the cable modem is damaged or not returned upon disconnection. * Existing subscribers who were not charged the cable modem deposit would be charged accordingly for damaged or unreturned cable modems. * It is hereby agreed and understood that the amount of the refund, if any, shall in no case exceed the amount of the deposit made by the Subscriber.
b. Foreigners/expatriates who avail of SKYBROADBAND will be required to pay a cable modem deposit plus 3 months advance upon installation.
c. Extra IP Addresses and Web Space. The Service Provider reserves the right to charge a monthly fee for each extra IP address, change from dynamic to static IP address, or additional web space requested by the Subscriber. d. Hosting Services. The Service Provider reserves the right to charge a monthly fee for DNS Hosting (forward and reverse) and web hosting requested by the Subscriber.
e. Email Addresses. The Service Provider reserves the right to charge a monthly fee for every additional email address in excess of the standard subscription inclusion. A Subscriber may opt to change his email address free of charge. The Service Provider will provide a forwarding service where the emails sent to Subscriber’s old email address will be forwarded to his new email address. This service shall be free of charge for a period of one month. After one month, should the Subscriber request to maintain the forwarding service, a monthly service fee will be charged accordingly. The Service Provider reserves the right to use and re-assign a Subscriber’s old email address.
6. Leased Equipment. Leased equipment as may be provided by Service Provider, including cable modems installed at the premises of the Subscriber, shall remain the property of the Service Provider. Subscriber shall take proper care of the leased equipment and will not make any alterations or additions thereto. The Subscriber shall be liable for any loss or damage to such leased equipment installed and received in good order and condition. All leased equipment shall be returned to the Service Provider upon termination of this agreement.
7. Disconnection and Termination of SKYBROADBAND. There are two types of SKYBROADBAND disconnections: a. Temporary Disconnection: no internet access at all but cable modem is not yet pulled-out (1) Voluntary suspension or maintenance plan where a subscriber does not want to continue his SKYBROADBAND subscription for a period of 1 month. The Service Provider reserves the right to charge a fee for the maintenance of email and web space accounts, which will remain active. (2) Involuntary suspension. SKYBROADBAND account, including email and web space is suspended due to unpaid 2 months balance. b. Permanent Disconnection Happens when a temporarily disconnected subscriber still has unpaid balance 20 days after temporary disconnection date. Upon permanent disconnection, the Service Provider will pull out Cable Modem.
8. Administrative and Technical Support. * In order for the Service Provider to efficiently render technical support, Subscriber must be in front of workstation during service calls. * To provide effective problem isolation, Subscriber should agree to work with Service Provider in performing first level isolation procedures. * Similarly, in order to provide Subscriber a reasonable level of expertise, the Service Provider reserves the right to support only hardware and software that the Service Provider deems as commonly used on the Internet (e.g., Windows and Mac Operating Systems, Netscape Communicator and Microsoft Internet Explorer Browsers). * When it has been proven that technical fault is outside of Service Provider’s responsibility and within the Subscribers’s local area network (LAN), the Service Provider is no longer obliged to extend assistance. Similarly, administration and management of any network elements within the Subscriber’s LAN (e.g., router, switch, access point, etc.) will be the Subscriber’s sole responsibility.
Abuse will not be tolerated. When Subscriber is found to be a source of bulk unsolicited e-mails (“spam”), virus attacks, or is distributing unauthorized copies of copyrighted materials, the Service Provider reserves the right to temporarily disconnect the service. Service will be reconnected after Subscriber has effected necessary actions to address the abuse.
PC or LAN related fault service. The Service Provider reserves the right to charge the Subscriber for a service fee if service personnel has identified the problem to be PC-related or within Subscriber’s LAN.
9. Service Commitment on Signal Interruptions. The fees due to the Service Provider shall continue to accrue without deductions even in case of service interruption for causes beyond the control of the Service Provider. The Service Provider does not warrant that a high quality Internet access service will be available to the subscriber at all times. The Subscriber shall hold the Service Provider free and harmless from any and all liabilities as a result of such interruption of signal. However, the Service Provider will exert its best efforts to deliver a continuous data service to the Subscriber in accordance with technical standards as provided under the rules and regulations of the National Telecommunications Commission.
10. Limitation of Liability. The maintenance and security of workstation hardware and software, as well as regular program and data back up are the Subscriber’s sole and exclusive responsibility. The Service Provider shall be held free and harmless from any responsibilities, liabilities or damages that may arise from the use of SKYBROADBAND (e.g. accessing the Internet or receiving technical support) as a result of, but not limited to electronic virus infections, hacker attacks, system crashes, and such other electronic-type or sourced disruptions and damages. Notwithstanding the provisions in this Agreement that frees the Service Provider from any liabilities or damages arising from use of SKYBROADBAND, should the Service Provider be held liable for damages, this liability shall be limited to the fees that the customer has actually paid for the SKYBROADBAND Cable Modem Service over the period concerned.
11. The terms and conditions governing the Cable TV Service shall supplement the terms and conditions for the Cable Internet Service insofar as the former does not conflict with the latter.
Confidentiality. All personal information provided by the Subscriber in the Service Application Form will be treated with utmost confidentiality. However, the Subscriber hereby acknowledges that the Service Provider may have to disclose such information to its authorized agents or representative, employees, consultants, and personnel on a need to know basis, who in turn shall likewise be subject to the same confidentiality undertaking, in any and all instances when such disclosure is necessary for the execution of efforts geared towards overall customer satisfaction, which include information dissemination through marketing or telemarketing of SKYCable and subsidiaries’ products and other means, facilitating services requests and maintenance work, and the like.