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Terms & Conditions

  1. DEFINITIONS
    1. In this document, these words have the following meanings:
      1. “Equipment” includes, but is not limited to the following articles and supplied by CIGNAL upon installation: (i) Antenna, (ii) modem, (iii) PLL LNB, (iv) BUC and (v) Coaxial cable and LAN Cable. Equipment likewise includes any upgrades to these items where an Equipment upgrade has been supplied to the Subscriber; and the items of hardware and software otherwise covered under the Service Agreement; and any other items with which CIGNAL make available to the Subscriber to use or receive any of the Services;
      2. “Fee(s)” refers to any sums that are payable by the Subscriber for the Services calculated on the basis of any and all rates, prices and any other Fees set out in CIGNAL’s current published prices or otherwise notified to or accessible by the Subscriber. Fees consists Upfront Fees and Recurring Fees;
      3. “Installer” is the person or team that CIGNAL authorized and/ or authorized to perform installation services;
      4. “Latency” is the time taken for a signal to pass to or from the Subscriber Equipment to the Satellite Provider’s physical network;
      5. “License” means any license or authorization required by law and granted to CIGNAL to provide the Services by the government, relevant government office and/ or regulating agency, in which CIGNAL provide the Services to the Subscriber;
      6. “Minimum Subscription Period” has the meaning set out in Section 2;
      7. “Monthly Service Fees” means the subscription fees, outlet fees, and other Fees, as well as applicable taxes, in accordance with the selected Package. CIGNAL reserves the right to increase the Monthly Service Fee, Published Prices and other Fees and to impose new or additional Fees other than those indicated in the order form or in this Service Agreement;
      8. “NTC” means the National Telecommunications Commission;
      9. “Package” denotes the combination of Services selected by the Subscriber from the CIGNAL range of Services;
      10. “Published Prices” means any pricing information published by CIGNAL from time to time on CIGNAL websites or in other documentation provided to the Subscriber, which includes the prices and rates for the Services and Equipment CIGNAL offer including the usage rates for the Services and any and all other additional Fees;
      11. “Satellite Broadband Service” means the service that allows the Subscriber to access the internet via satellite.
      12. “Satellite Provider” means the organization that ultimately owns or controls the satellite that CIGNAL uses to provide the Subscriber with the Services including any associated physical networks used in order to provide the Services;
      13. “Service Agreement” refers to the contract between the Subscriber and CIGNAL including these terms and conditions and the contents of any corresponding order form or registration form. The duly accomplished and signed Subscriber Application form together with these terms and conditions shall be deemed as the Service Agreement between CIGNAL and the Subscriber;
      14. “Software” means all proprietary software supplied by CIGNAL to enable the Subscriber to use the Services;
      15. “Subscriber” means and individual or person availing the Satellite Broadband Services through a duly accomplished and signed Subscriber Application Form or Service Agreement. A Subscriber may be classified as a residential, commercial, institutional, hotel, restaurant or resort;
      16. “Subscriber Application Form” means a document fully accomplished and signed by a Subscriber (typically an individual residential Subscriber) which indicates the relevant Subscriber information, including but not limited to the address or location in which the Equipment will be installed, and the Package selected by the Subscriber and its corresponding Monthly Service Fee.
      17. “Subscriber Equipment” means any hardware or apparatus (not being Equipment) provided and used by the Subscriber in order to use the Services;
      18. “Unexpired Period” has the meaning set out in Section 2;
      19. “VSAT Equipment” consist of VSAT dish, BUC, LNB and the Modem;
      20. “Working Day” means all days other than Saturdays, Sundays, Public & Bank holidays in the country in which the Subscriber uses the Equipment.
  2. THE AGREEMENT
    1. These terms and conditions (“Terms & Conditions”) represent apply to the Satellite Broadband Services provided by CIGNAL. The duly accomplished and signed Subscriber Application Form or the Service Agreement (as the case may be) shall constitute the Service Agreement entered into by CIGNAL for Satellite Broadband Services and shall incorporate and be governed by these Terms and Conditions.
    2. CIGNAL reserves the right to impose a Minimum Subscription Period for the Service from the date of activation. Should 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, CIGNAL may charge Subscriber a pre-termination fee by way of penalty in addition to forfeiture of any service deposits made. Unless otherwise specified by CIGNAL, Subscriber shall pay a pre-termination fee in the amount of the full Monthly Service Fee multiplied by the number of months remaining on the Minimum Subscription Period (“Unexpired Period”). In determining the Unexpired Period, a fraction of a month shall be considered one month.
  3. THE PROVISION OF SERVICES
    1. CIGNAL will provide the Services to the Subscriber from the date CIGNAL activates them and will continue to do so unless (i) the Subscriber is found to be in breach of the provisions of this Service Agreement or the Service Agreement is terminated properly or (ii) if it becomes unlawful for CIGNAL to provide the Satellite Broadband Services.
    2. The Subscriber acknowledges that the Satellite Broadband Services provided by CIGNAL are deemed merely as a “conduit” to information and other services available in the world wide web as CIGNAL does not have any impact upon such information and other services over the Internet. Subscriber therefore represents, warrants and undertakes that all information originated, carried and/or routed by and/on Subscriber’s behalf over the Satellite Broadband Services is the Subscriber’s total responsibility.
    3. Published broadband speeds are on a best-case scenario and should not be deemed as the minimum speeds. Subscriber acknowledges that the exact bandwidth and “speed” the Subscriber experiences over any broadband connection will vary depending on how many factors, including but not limited to:
      1. internet congestion time;
      2. performance of any router or other network device or Subscriber Equipment used by Subscriber;
      3. performance of local wi-fi connection and environment;
      4. performance of Subscriber’s computer(s) and browser(s) which must be operating normally (i.e. without any errors or error messages or system warnings) and with an operating system kept up-to-date with all updates and patches applied;
      5. number of computers and other internet enabled devices using the Service;
      6. number of TCP sessions opened;
      7. number and nature of applications and downloads running in the background;
      8. malware and virus infection on Subscriber's computer or other devices with access to Subscriber's local network;
      9. speed step of the Subscriber's chosen package as determined by the amount of data used in conjunction with the usage parameters of that package as stated in the Service Package Description;
      10. performance of the website or internet service that the Subscriber is attempting to use;
      11. performance of the speed test server and the connection established between this server and the Subscriber's computer running the speed test; and
      12. the capacity of load or access data rate of the destination host computer or website which the Subscriber is accessing and the number of computers connected to the broadband service.
    4. CIGNAL is not responsible if the Subscriber is unable to access the Satellite Broadband Services due to the fact that the Subscriber Equipment is incompatible with the Equipment or the Satellite Broadband Services, or does not conform to any minimum specifications specified by CIGNAL. It is the Subscriber’s responsibility to ensure the Subscriber Equipment is maintained and in working order in accordance with these minimum specifications.
    5. CIGNAL does not warrant that the supply of the Services will function without interruption and/ or error due to force majeure events, scheduled maintenance activities and/ or inherent limitations of the Equipment/ VSAT Equipment; or that the Services will meet any of the Subscriber specific requirements. As such, Subscriber acknowledges that CIGNAL cannot be held responsible for unforeseen interruptions, non-availability from outages or deterioration of the Services that occur which are not within CIGNAL control. Notwithstanding the foregoing, CIGNAL shall exert its best commercial endeavor to minimize such service interruption or restore service availability in accordance with its established service levels.
    6. The Service is provided with certain performance expectations; the internet is a shared resource and because of that, performance cannot be guaranteed. The Service is delivered by satellite and is dependent on the quality of the individual installation, atmospheric or extra- atmospheric disturbances (solar storms or solar flares, meteorites, temporary adverse weather conditions etc.), operations of preventive maintenance, earth station and the satellite operation itself. CIGNAL shall exert commercially reasonable efforts to ensure continuous availability of the Service with minimal to no interruptions, but no specific guarantees on availability or performance can be given. CIGNAL will endeavor to provide the Subscriber with five (5) days’ notice of any such planned service interruptions where practical. CIGNAL shall endeavor to provide sufficient advance notice to Subscriber of any maintenance activity and/or hardware and software upgrades which impacts the delivery of the Satellite broadband Service.
    7. The fees due to CIGNAL shall continue to accrue without deductions even in case of service interruption, except where such interruption is through the fault of the Subscriber. Subscriber shall hold CIGNAL free and harmless from any and all liabilities as a result of such interruption of service. However, CIGNAL will exert its best efforts to deliver a continuous and clear Satellite Broadband Service to Subscriber in accordance with applicable technical standards required by the NTC.
    8. If a fault occurs, the Subscriber should notify CIGNAL at the earliest opportunity. If the Subscriber is unable to access the Satellite Broadband Services, the Subscriber remains liable to pay all Fees that would otherwise apply.
    9. CIGNAL has the right to change or suspend the Satellite Broadband Services, subject to a thirty (30)-day prior notice to the Subscriber, where CIGNAL reasonably determines that any technical modification to the network or change in the operating or business practices or policy is necessary to maintain or improve the Satellite Broadband Services which CIGNAL provides to the Subscriber, including, but not limited to:
      1. changing the code or technical specifications of the Satellite Broadband Services for operational reasons including quality of service;
      2. interrupting or suspending the Satellite Broadband Services due to an emergency, for the purposes of repair, maintenance, improvement or because of other operational reasons;
      3. giving instructions to the Subscriber which CIGNAL believes are necessary for health or safety or for the quality of the Satellite Broadband Services provided to the Subscriber or to other consumers;
      4. where there is any change or amendment to any law or regulation which applies to CIGNAL’s operating or business practices or policy, direction or order from the government or relevant government office or regulating agency, recommending or requiring any technical modifications or changes in CIGNAL’s operating or business practices or policy;
      5. in the reasonable opinion of CIGNAL, it is otherwise necessary or desirable to do so.
    10. Where practicable, CIGNAL will contact the Subscriber prior to the changes being introduced. CIGNAL will also publish particulars of any changes (including the relevant dates) through its various customer touchpoints as soon as reasonably practical, prior to the changes being introduced.
    11. If the Subscriber changes address at which the Subscriber requires the Satellite Broadband Services, Subscriber shall notify CIGNAL to facilitate the deactivation, de-installation, transfer, re-installation and re-activation of the Satellite Broadband Services. In the meantime, Subscriber will still be liable to pay the applicable Fees in relation to the Minimum Subscription Period. Subscriber must give CIGNAL at least 30 days’ notice if the Subscriber wants CIGNAL to relocate the Subscriber’s Service to the Subscriber’s new address. Where CIGNAL agrees to provide the Services to the Subscriber’s new address, the Subscriber shall pay CIGNAL the applicable Fees for the de-installation and re-installation of the Equipment detailed in the applicable Service Agreement
    12. Where CIGNAL offers services that have unlimited data consumption, this does not mean that these tariffs are free from network management protocols which are in place to manage excessive or above average data consumption. The Satellite Broadband Services (unless they are specifically noted as uncontended or dedicated bandwidth) regardless of which Package the Subscriber avails of is always provided in a manner consistent with CIGNAL’s Acceptable Use Policy provided under Section 8 hereof.
  4. USE OF THE SERVICES
    1. Subscriber accepts that, subject to a thirty (30)-day prior notice, CIGNAL may change or withdraw any element of the Satellite Broadband Services from time to time and will use all reasonable efforts to notify the Subscriber of any necessary change in the Services.
    2. CIGNAL will try as far as is reasonably possible to keep the Satellite Broadband Service free from viruses, bugs and errors, but CIGNAL does not guarantee that it will be free from infection or anything else that may damage the Subscriber Equipment or data. CIGNAL will not keep any back-up copies of emails or other data belonging to the Subscriber. CIGNAL accepts no liability for damage caused to the Subscriber Equipment if the Subscriber downloads software or other services using the Services.
    3. As a user of the Satellite Broadband Services, the Subscriber accepts that CIGNAL does not control, endorse or censor the material made available by the Satellite Broadband Service and the World Wide Web. Subscriber accepts that third party material could be illegal, misleading, offensive or deceptive. Subscriber uses it at the Subscriber’s own risk and subject to all applicable national and international laws and regulations.
    4. CIGNAL does not permit the Subscriber or others to cause nuisance or inconvenience to CIGNAL or to other users in any way. This includes hacking, network sniffing or similar techniques, or sending unsolicited messages without reasonable cause, by spamming or using anonymous remailers or different servers, or other means. If the Subscriber, the Subscriber’s employees or other users of the Subscriber Equipment send any such messages through the Satellite Broadband Service, the Subscriber may be liable to criminal or civil action in the appropriate jurisdictions, and CIGNAL may suspend and disconnect the Subscriber’s use of some or all of the Satellite Broadband Services and such action on CIGNAL’s part may give rise to fees (in additions to the Fees) being payable by the Subscriber.
    5. If the Subscriber deals with any third party or exchange material with that third party while using the Satellite Broadband Service, the Subscriber accepts that the Subscriber is entirely responsible for such transactions.
    6. Subscriber agrees that if CIGNAL stops providing Satellite Broadband Services to the Subscriber, the Subscriber will, at CIGNAL’s option, delete or destroy all software that CIGNAL provided to enable the Subscriber to access the Satellite Broadband Service.
    7. The Satellite Provider may from time to time restrict applications that have a negative effect on its satellite network. These include but are not limited to applications for non-professional use, notably peer to peer applications and any other protocol liable to have a deleterious impact on the overall quality of service of the Satellite Broadband Services.
    8. Due to the inherent Latency involved with satellite communications, certain applications and uses may not work as expected over the Satellite Broadband Services. CIGNAL will make certain efforts to make the Subscriber aware of this, Subscriber accept that it is the Subscriber’s responsibility to check with CIGNAL the suitability of the Satellite Broadband Service for the Subscriber requirements. CIGNAL reserves the right to charge the Subscriber for technical support if CIGNAL reasonably considers that the Satellite Broadband Service is working normally, and faults and issues the Subscriber is bringing to CIGNAL attention are related to the Subscriber’s own equipment.
    9. CIGNAL makes the Satellite Broadband Services available to the Subscriber and, if relevant the Subscriber’s designated employees or other authorized users, and supplies to the Subscriber the Equipment on the conditions that:
      1. They are not used for anything illegal, immoral or improper;
      2. They are not used to offend or create nuisance;
      3. Only the Equipment or other items as may be supplied by CIGNAL to use with the Equipment are used to access the Satellite Broadband Services;
      4. Subscriber promptly gives CIGNAL any information that CIGNAL reasonably requests related to the overall provision of the Services to the Subscriber;
      5. Subscribers follow all reasonable instructions CIGNAL gives to the Subscriber in relation to the installation, the Satellite Broadband Services, the Equipment and the Fees;
      6. When attempting to use the Satellite Broadband Services, the Subscriber must be in range of any Equipment forming part of a wireless network;
      7. Neither Subscriber nor the Subscriber employees/users do not re-sell, exchange, rent, hire, or permit access to the Satellite Broadband Services to anyone else or grant or attempt to grant any Fees, liens or other rights, powers or interests over them or the Equipment unless authorized by CIGNAL in writing to do so;
      8. Subscriber or the Subscriber employees/users do not, nor permit any third party to, to maintain or repair or attempt to maintain or repair or otherwise tamper with the software providing the Services or the Equipment, without CIGNAL prior written consent. Any such action will void any warranties relating to the software or Equipment that has been affected;
      9. Subscriber or the Subscriber’s employees/users do not use the Satellite Broadband Service to send or receive by any method any material that breaches another person’s copyright or other intellectual property rights, or any other material that is illegal, obscene, indecent, fraudulent, libelous, harassing or that the Subscriber does not have the right to transmit under any law, contract or other duty;
      10. Subscriber or the Subscriber’s employees/users do not use the Satellite Broadband Service to transmit knowingly or recklessly any material that contains software viruses or any computer code, files or programs designed to interrupt, damage, destroy or limit the operation of any computer software, hardware or telecommunications equipment;
      11. Subscriber or the Subscriber’s employees/users do not disrupt any other person’s use of the Satellite Broadband Service or any other service;
      12. Subscriber or the Subscriber’s employees/users do not interrupt damage or impair any website or the Satellite Broadband Service in any way;
      13. Subscriber or the Subscriber’s employees/users do not hack into or attempt to hack into CIGNAL systems or try to get round any security safeguards.
      14. If the Subscriber notify CIGNAL of designated employees or authorized users, it does not remove the Subscriber’s obligation to monitor and keep secure the use of passwords for access.
    10. Subscriber acknowledge and agree that if the Subscriber (or the Subscriber employees or other authorized users, where applicable) breaks any of the conditions set out in this Section 4 or that the Subscriber has broken an important condition of the Service Agreement, CIGNAL shall have the right to end the Service Agreement under Section 10 and the Subscriber hereby indemnifies and agrees to keep CIGNAL indemnified in respect of any breach by the Subscriber, the Subscriber’s employees, or other users of the Equipment supplied to the Subscriber.
  5. EQUIPMENT
    1. As part of the Package which the Subscriber will avail, CIGNAL will supply the Subscriber with the Equipment to allow the Subscriber to receive and enjoy the Services. Subscriber must not use the Equipment for any other purpose and the Subscriber must comply with any manufacturers’ instructions and any reasonable instructions that CIGNAL may give the Subscriber from time to time regarding the use of the Equipment.

      The Equipment shall include:
      1. 1.2 m VSAT Antenna
      2. Hughes Satellite Modem
      3. Ku-Band PLL LNB
      4. Ku-Band BUC
      5. Standard tri-mast mount
      6. 2 – 25 m coaxial cable
      7. 1m -LAN Cable / Patchcord.
    2. CIGNAL may ask the Subscriber to confirm to CIGNAL the location of the Equipment. If CIGNAL makes any such reasonable request, Subscriber shall give the location as soon is reasonably practical and in no case more than one (1) week.
    3. Subscriber agrees to notify CIGNAL immediately of any loss or damage to any part of the Equipment. All risks associated with the Equipment shall pass to Subscriber upon delivery and it will be Subscriber’s responsibility to insure the Equipment against loss, theft, fire, flood and any other risk of loss or damage. CIGNAL shall have no responsibility for repair or replacement of the Equipment regardless of the cause of loss or damage.
    4. When the Subscriber uses the Subscriber Equipment in conjunction with the Equipment, CIGNAL does not warrant that the Equipment is compatible with or will work with the Subscriber Equipment. CIGNAL will not be liable in any way for any loss or damage that is caused to the Subscriber Equipment or any data stored thereon arising as a result of its use in conjunction with Equipment.
    5. As part of the Satellite Broadband Services, CIGNAL will supply to the Subscriber the Equipment. If the Subscriber has purchased the Equipment from CIGNAL but CIGNAL has not received cleared payment in full for the Equipment, it will remain at all times as CIGNAL’s property. Throughout any period where CIGNAL retains title to the Equipment, the Subscriber will be liable to CIGNAL and shall indemnify and keep CIGNAL indemnified for any loss or theft of the Equipment or any damage howsoever and by whomever it may have been caused.
    6. Where the Subscriber have purchased and paid for the Equipment from CIGNAL, the following terms and conditions apply:
      1. All risks associated with the Equipment shall pass to the Subscriber upon delivery and it will be the Subscriber’s responsibility to insure the Equipment against loss, theft, fire, flood and any other risk of loss or damage from this point;
      2. During any warranty period, details of which will be made available through the CIGNAL website or via the CIGNAL technical team upon request, CIGNAL shall have responsibility for repair or replacement of the Equipment except that the Subscriber accepts full responsibility for cost of repair or replacement of the Equipment when the damage or problem has been caused by the Subscriber negligence, misuse, abuse or violation of any part of the Service Agreement that is out of CIGNAL control;
      3. Such repair or replacement may involve the swapping of Equipment via a return-to-base (RTB) policy. This involves the delivery to the Subscriber of replacement Equipment which will only be sent to the Subscriber or left with the Subscriber by CIGNAL (or a third party agent) if the matching piece of potentially defective Equipment is returned and received by CIGNAL first. It is the Subscriber’s obligation to pay the postage to return the item (if applicable). If the returned potentially defective item is tested by CIGNAL and found not to be faulty, it will be returned to the Subscriber. If the Subscriber cannot produce the potentially defective Equipment on request, the Subscriber accepts that CIGNAL has no obligation to provide the Subscriber with the replacement Equipment and that any such action will be at CIGNAL’s sole discretion and may incur additional Fees including delivery and administration Fees.
    7. CIGNAL shall provide Subscriber with the Equipment on the condition that Subscriber complies with its obligations under the Service Agreement and this terms and conditions. If Subscriber fails to comply with the terms herein, or if CIGNAL reasonably suspects that Subscriber has failed to comply, CIGNAL shall have the right to terminate Subscriber’s subscription and demand that Subscriber return the Equipment to CIGNAL. In such circumstances, Subscriber shall permit CIGNAL free and safe access to Subscriber’s premises and/or obtain any necessary landlord, building or occupier consents required for CIGNAL to retrieve the Equipment
  6. INSTALLATION AND ACCEPTANCE
    1. CIGNAL will provide installation as part of the Services and arrange a convenient time with Subscriber for the installation of the Equipment. In some instances, the installation may require additional materials over and above those laid out in the equipment Section 5.1. These will not be subject to any subsidy and may carry additional costs. These costs to be confirmed by the Installer during the installation process. CIGNAL will also give the Subscriber a site-specific installation quotation in the event that additional travelling times and expenses are likely to be incurred or a non-standard installation is required. If this quotation is not acceptable to the Subscriber and both Parties are unable to reach Agreement, either Party may cancel the Order within fourteen days from the preparation and circulation of this quotation.
    2. If CIGNAL has agreed with the Subscriber in writing that a site survey may be required, the Subscriber will be responsible for the cost, which shall be additional to any other Fees to be paid to CIGNAL for the Services.
    3. The CIGNAL Installer is responsible for taking suitable care when installing the Equipment. If the Subscriber becomes aware of any potential problems with the Subscriber installation, the Subscriber should notify CIGNAL’s Installer during the installation if reasonably practical.
    4. The CIGNAL Installer(s) will have to work both internally and externally at the Subscriber premises for which they will require suitable access. Therefore, the Subscriber agrees to, at the Subscriber own expense and in advance of installation:
      1. Obtain all necessary consents including landlord, occupier and other buildings consents for both access and installation of the Equipment and for on-going maintenance of such Equipment; and
      2. Provide full, free and safe access to relevant premises, and a suitable environment for the Equipment including all necessary cable ducts and electricity supply;
    5. A standard installation includes the provision of one network connection up to 1m (using a CAT6 patch cord) from the location of the indoor VSAT modem. CIGNAL can provide a written quotation for additional network requirements upon request.
    6. CIGNAL liability to the Subscriber for any damages or losses whatsoever suffered by the Subscriber as a result of delayed, cancelled or incomplete installation will not exceed the value of the Installation fee that the Subscriber has agreed to pay. Subscriber accepts that the Subscriber will have no additional rights to terminate the Service Agreement early on the basis of late or incomplete delivery provided that CIGNAL has provided the Subscriber with alternative dates to complete the installation.
    7. As long as CIGNAL has notified the Subscriber in advance of the agreed installation date, if the Subscriber is not at the agreed place of installation on the agreed date and time when CIGNAL either seeks to deliver the equipment or carry-out the installation, CIGNAL reserves the right to charge the Subscriber an additional Installation fee for the redelivery or installation of the Equipment or any return visit required including that arising due to insufficient time available on the Subscriber’s initial installation date to complete the installation due to the Subscriber absence or late arrival on site. Any such Fees will be notified by CIGNAL to the Subscriber in writing and will be, in its sole opinion, such additional sums as CIGNAL consider being reasonable in the circumstances.
    8. In certain circumstances, the CIGNAL’s Installer will, where necessary, recommend that electrical grounding be undertaken. When this electrical safety requirement is identified, it should be carried out in accordance with applicable laws and regulations. Failure to install effective grounding will, in some locations, constitute a breach of local building regulations. It will remain the Subscriber’s responsibility to ensure such work is completed in accordance with all applicable laws and regulations. Certified electricians should complete grounding work. The CIGNAL Installer will provide a cabling lead for grounding but may not be a certified electrician and therefore will be unable to complete the grounding work. Where the installer cannot complete the grounding work it is the Subscriber responsibility to ensure that a certified electrician completes such work.
    9. Upon completion of the installation, Subscriber shall be entitled to evaluate the Equipment/ VSAT Equipment to determine if it operates in accordance with the acceptance Criteria stated in the Service Agreement. Subscriber shall have three (3) days within which to test the Equipment/ VSAT Equipment and shall notify CIGNAL within the same time should there be any defects on the Equipment/ VSAT Equipment. CIGNAL shall have thirty (30) days or such longer period as the Parties may agree upon within which to correct any reported defects. Notwithstanding anything to the foregoing, continued use by Subscriber of the Equipment/ VSAT Equipment after the aforementioned 3-day period shall constitute as acceptance.
  7. PAYMENT FOR THE EQUIPMENT AND SERVICE
    1. The Upfront Fees and Recurrent Fees for the Services are those set out in Service Agreement. CIGNAL will invoice for the Upfront Fees upon Subscriber’s availment of the service to which such Upfront Fees relate, and monthly in advance for the Recurrent Fees. Subscriber will be liable for the Fees from the day on which CIGNAL first make the Services available to the Subscriber unless CIGNAL notifies the Subscriber otherwise.
    2. Any additional Fees will be reflected in the subsequent billing following the month in which they are incurred. These include any fees for change of services (Section 9.2 and 9.3) as well as any service Fees incurred or activated during the applicable billing period.
    3. CIGNAL shall send to Subscriber a Statement of Account (“SOA”) for billings of Monthly Service Fees, fees for other services and other charges, at regular intervals and taking into consideration the Subscriber’s chosen payment method, i.e., monthly, quarterly, semi-annual or annual. SOAs may be delivered to Subscriber by courier, mail, electronic mail or such other mode agreed by the parties. Subscriber must pay all the Fees, which are due, together with any Value Added Tax, and/or any other taxes (at applicable rates from time to time), which apply in relation to the Equipment or Services chargeable under the Service Agreement. The timely payment for Equipment, the Services and any other such Fees arising properly as a result of the Service Agreement shall be considered to be of the essence.
    4. Subscriber shall pay the Fees, other charges and any balance on or before the due date indicated in the SOA. Notwithstanding the non-delivery or late delivery of any SOA, it shall be the responsibility of Subscriber to inquire from CIGNAL the amount of his outstanding balance through CIGNAL’s various customer touchpoints and effect immediate payment, without need of further demand, on or before the due date.
    5. Subscriber must pay the Subscriber bill in full by the due date without any deduction of any sort or any counterclaim. Subscriber agrees that the Subscriber is liable for any Fees incurred on the Subscriber account irrespective of whether those Fees were incurred by the Subscriber or anybody else using the Equipment and the Satellite Broadband Services with or without the Subscriber consent. CIGNAL may vary its Fees from time to time and CIGNAL may also alter the Subscriber billing date or billing frequency/period. All Equipment remains CIGNAL property until paid in full.

      Payments may be made at CIGNAL’s offices, distributors, authorized payment centers and through duly accredited banks. CIGNAL shall inform Subscriber from time to time of any changes or additions to its existing bill payment centers. CIGNAL shall not be held liable for any payments made to parties other than these authorized bill payment centers.
    6. With the availability of any new service or changes to existing Satellite Broadband Services, CIGNAL will notify the Subscriber the Fees (or changes to the Fees) for these Services prior to accepting any order from the Subscriber to implement any change of Service levels.
    7. Non-payment. CIGNAL shall have the right to temporarily disconnect (or permanently disconnect for persistent payment failures) the Service if the Subscriber fails to pay in full his account within five (5) days after its due date. Such disconnection shall be without prejudice to any action available to CIGNAL under this Service Agreement, under the law or in equity in order to recover all amounts payable to CIGNAL and/ or damages suffered by CIGNAL as result of or in connection with Subscriber’s non-payment. If CIGNAL agrees to re-connect the Subscriber’s Services, there will be a reconnection charge that the Subscriber is required to pay before the Subscriber’s Services are restored. Restoration of the Subscriber’s Services may take up to (3) three Working Days from the day that CIGNAL receives full payment of any outstanding Fees.
    8. CIGNAL reserves the right at all times to vary the Fees for the Satellite Broadband Services including the Published Prices, the Equipment and the installation. CIGNAL will make reasonable efforts to give the Subscriber written notice before any such change to the Fees occurs. If the Fees are increasing, CIGNAL will give the Subscriber at least 30 days’ notice.
    9. Save as expressly set out in the Service Agreement, the Subscriber shall not be entitled to suspend the payments under the Service Agreement, as a result of faults, performance and/or defects of the Equipment or quality of the Satellite Broadband Service.
    10. Past due account shall earn interest at a rate of 1.5% per month (a fraction thereof considered as a full month), compounded monthly, until full payment is made.
    11. In addition to any interest charges and other remedies provided for under the Service Agreement (i.e. disconnection and suspension of the Satellite Broadband Service), if the Subscriber defaults on more than two payments of the Fees in any rolling 12-month period or fails to settle any outstanding amount for a period of 60 days, CIGNAL has the right to require the Subscriber to pay for the Fees quarterly in advance without entitlement to any prevailing discounts.
  8. ACCEPTABLE USE POLICY
    1. If the Satellite Broadband Services are used in a way which we would consider inappropriate, CIGNAL will take action as deemed necessary, which may include, but is not limited to, preventing access to the Satellite Broadband Services that were inappropriately used or were used in connection with, or resulting in, the violation of the Acceptable Use Policy, without incurring any liability for damages, or as may otherwise be directed by government agencies or the courts pursuant to applicable laws. Inappropriate use generally means any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty.
    2. CIGNAL’s Satellite Broadband Services is delivered subject to equitable share of network resources among its customers. Upon reaching the optimum volume allocation for single user, the Subscriber shall maintain access to the Satellite Broadband Services albeit at a lower speed.
  9. UPGRADING AND DOWNGRADING PACKAGES
    1. When availing of the Satellite Broadband Services, Subscriber will have selected a subscription package providing for a certain monthly data transfer limit. This section details how Subscriber may change the package when the original package becomes unsuitable.
    2. Subscriber can increase its monthly data transfer limit within or after the Minimum Subscription Period without penalty by contacting CIGNAL through its various customer touchpoints. The new Package will be implemented within the soonest time possible and no more than twenty-four (24) hours from the time of the request. Only one (1) change of service shall permitted in any one calendar month.
    3. Subscriber may downgrade its plan or decrease its monthly data transfer limit within the Minimum Subscription Period if under exigent circumstances and subject to payment of a penalty/ fee amounting to Five Thousand Pesos (PHP 5,000.00). However, downgrading the plan or decreasing the monthly data transfer limit after the Minimum Subscription Period may be allowed without additional fees or penalty. The new Package will be implemented within the soonest time possible and no more than twenty-four (24) hours from the time of the request. Only one (1) change of service shall permitted in any one calendar month.
    4. Upgrading or downgrading the subscription package, and resetting the monthly data transfer allowance have no impact on the Minimum Subscription Period.
  10. SUSPENDING OR DISCONNECTING THE SERVICES
    1. CIGNAL may at any time:
      1. Temporarily suspend the Satellite Broadband Services for repair, maintenance or improvement of any of its systems wherever located, or temporarily provide replacement services or Equipment of a similar functionality to those previously supplied; or
      2. Give the Subscriber instructions on how to use or vary the Satellite Broadband Services (which the Subscriber agrees to comply with) where CIGNAL reasonably considers such instructions are provided to the Subscriber in the interests of safety, or the maintenance of service quality.
    2. Before doing either of these things CIGNAL will endeavor to give the Subscriber as much notice as is reasonably practicable in the circumstances and CIGNAL will also aim to restore the Satellite Broadband Services as soon as reasonably practicable after any temporary suspension.
    3. CIGNAL may suspend the Satellite Broadband Services without warning:
      1. In an emergency;
      2. When CIGNAL is required to by any third party whose systems CIGNAL uses to provide the Satellite Broadband Services;
      3. When CIGNAL is required to by the police or security services or other party who may have legal authority to make such a request;
      4. If the Subscriber, the Subscriber employees/authorized users, or anyone the Subscriber or the Subscriber employees/users allow to use the Satellite Broadband Services, does not keep to the conditions of the Service Agreement;
      5. If the Subscriber, the Subscriber employees/users, or anyone the Subscriber or the Subscriber employees/users allow to use the Services damages the Equipment supplied by CIGNAL including the hardware or software which is necessary to operate the Satellite Broadband Services or put it at risk, or
      6. Subscriber physically or verbally threaten or abuse any CIGNAL staff; or
      7. If the Subscriber does not pay all Fees due to CIGNAL by the due date.
    4. CIGNAL reserves the right to charge the Subscriber a re-connection fee where the Subscriber or the Subscriber’s employees/users either acting themselves or through a third party, have caused or contributed to the suspension of the Satellite Broadband Services.
  11. ENDING THE AGREEMENT
    1. In addition to any grounds provided under the Service Agreement, either Party can cancel the Service Agreement immediately if any of the following happens:
      1. After the Minimum Subscription Period, in accordance with terms set out in the Service Agreement.
      2. In addition, CIGNAL may end the Service Agreement if the Satellite Provider is unable or unwilling to make such Services available to CIGNAL, provided that CIGNAL gives the Subscriber 30 days written notice.
    2. At the end of the Service Agreement the Subscriber must pay any valid Fees that are due to the end of the month following the month in which CIGNAL received the Subscriber written request for termination.
    3. At the end of the Service Agreement, the Subscriber will be disconnected and the Subscriber will no longer be able to us the Satellite Broadband Services.
  12. INFORMATION, PASSWORDS AND DATA PROTECTION
    1. After the Subscriber has availed of the Satellite Broadband Services from CIGNAL, in order to access the Satellite Broadband Services, CIGNAL may provide the Subscriber with a user identity (User ID) and/or a unique password. Subscriber are responsible for the security and proper use of all User IDs and passwords and must keep them confidential and not disclose them to any third party without first obtaining written authorization from CIGNAL.
    2. Subscriber must inform CIGNAL immediately if:
      1. Subscriber suspects that any password in relation to the Satellite Broadband Services has or may have become known to someone who is not authorized to use it and/or
      2. Subscriber forgets a password. Providing that the Subscriber satisfy any security checks as may be reasonably required by CIGNAL, CIGNAL will issue the Subscriber with a new password.
    3. If CIGNAL reasonably suspect that there has been or is likely to be a breach of security or a misuse of the Satellite Broadband Services, CIGNAL may change the Subscriber password and CIGNAL will notify the Subscriber accordingly.
    4. Subscriber is required to promptly and accurately give CIGNAL all the information that CIGNAL reasonably requests so that CIGNAL can perform its obligations under the Service Agreement.
    5. Subscriber must inform CIGNAL immediately of any change to any particulars the Subscriber has provided to CIGNAL, including changes to the Equipment. CIGNAL shall not be liable for any expenses the Subscriber incur or savings the Subscriber fail to make as a result of the Subscriber’s failure to notify CIGNAL in a timely manner of any such changes.
    6. CIGNAL will only discuss the Subscriber account with the Subscriber or with an authorized user that the Subscriber has notified CIGNAL of by email or in writing.
    7. CIGNAL may record or monitor telephone calls to help CIGNAL to improve its services.
    8. Subscriber acknowledges that CIGNAL may co-operate with any court, tribunal, regulatory body, police authority or other competent authority in any investigations or proceedings concerning the Subscriber or the Subscriber use of the Services. This may include disclosing communications transmitted via the Satellite Broadband Services or other particulars regarding the Subscriber us of the Satellite Broadband Services to such authorities.
    9. CIGNAL may use credit reference agencies to help CIGNAL make credit decisions or for protection against fraud. Subscriber agrees that CIGNAL may register information about the Subscriber and the conduct of the Subscriber’s account with any credit reference agency. For the purpose of fraud prevention, debt collection and credit management, CIGNAL may disclose information about the Subscriber and the conduct of the Subscriber’s account to debt collection agencies, security agencies or financial institutions.
    10. CIGNAL will provide relevant information in the event that CIGNAL sells or transfer its business, to ensure that the Subscriber continues to receive the Satellite Broadband Services.
    11. If, in connection with any of the Services, CIGNAL act as a “personal information processor” of any information the Subscriber gives CIGNAL, and the Subscriber act as a “personal information controller” (as such terms are defined in the Data Privacy Act 2012), CIGNAL will, in relation to that information:
      1. Act on the Subscriber instructions only; and
      2. comply with obligations equivalent to those imposed on a personal information controller under the Data Privacy Act 2012 relating to security or applicable equivalent legislation.
  13. INTELLECTUAL PROPERTY RIGHTS
    1. CIGNAL hereby grants to the Subscriber a non-exclusive license to use the Software in executable form only. The license granted to the Subscriber under the Service Agreement is personal to the Subscriber and may not be sub-licensed, transferred, assigned, or otherwise disposed of. If the Subscriber uses the Software in any way which will result in the Subscriber being in breach of the Service Agreement, or the Subscriber attempts to transfer, assign or otherwise dispose of the Subscriber license to us the Software, the license will be terminated immediately which may impact the Subscriber’s ability to use some or all of the Satellite Broadband Services but the Subscriber will still be bound by the terms of the Service Agreement.
    2. The Software is protected by copyright law. Subscriber may not copy the Software, except to make a single copy for backup or archival purposes. Any such copies shall be subject to the Service Agreement. Subscriber may not lend, rent, lease or otherwise transfer the Software. Subscriber agrees not to attempt to reverse engineer, decipher, decompile or disassemble the Software or otherwise reduce it to human readable form or knowingly allow others to do so, except to the extent that applicable laws specifically prohibit such restriction. Subscriber may not modify the Software or create derivative works of the Software.
    3. The Satellite Broadband Services may comprise software, services, technical information, training materials or other technical data that are subject to the country of origin export control regulations or the laws or regulations of that country. Subscriber may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all applicable laws and regulations.
  14. MAINTENANCE SERVICES
    1. Unless CIGNAL has expressly agreed with the Subscriber in writing, only CIGNAL staff or authorized agents may provide maintenance and repair services for the Satellite Broadband Services and the Equipment.
    2. In the event of a fault in the Satellite Broadband Services or Equipment, the Subscriber must call or email the CIGNAL support service. CIGNAL will provide contact details for this at installation time. The CIGNAL support center may request further information in order to diagnose the problem. This may involve inspecting the Equipment, and connecting a laptop to the Equipment, following the instructions of the CIGNAL support center to obtain diagnostic information.
    3. If the CIGNAL support center determines that the Equipment is non-functioning, an engineer will be dispatched to Subscriber’s premises to attempt to rectify the fault. If Equipment needs to be returned to the manufacturer for repair, subject to operational constraints, CIGNAL may provide temporary Equipment which will be replaced when the original Equipment is again operational.
    4. If the CIGNAL support center determines that the Equipment is functioning, but is not providing the expected performance, the fault report will be monitored for a suitable period to eliminate transient environmental effects such as weather and solar events as the underlying cause. If the fault resolves itself, the fault report will be closed, and the Subscriber will need to report any reoccurrence of the problem. The CIGNAL support center will determine the appropriate action in such circumstances, which at its discretion may involve the dispatch of an engineer to the Subscriber’s premises.
    5. If the CIGNAL support center determines the Equipment is functioning and performing as expected, the fault report will be closed. Subscriber may request the visit of an engineer to the Subscriber’s premises at any time to attempt to investigate and/or resolve a reported issue. Applicable fees apply.
    6. Additional fees may apply where any problem with the Satellite Broadband Services or the Equipment has been caused by misuse or abuse of the Equipment by the Subscriber or someone acting on the Subscriber behalf or within the Subscriber’s control even if such events occurred in the attempted repair, removal or reconfiguration of the Equipment or Satellite Broadband Services. This will include any fees that CIGNAL reasonably and directly incurs as a result of actions that CIGNAL is reasonably required to take arising from the impact on CIGNAL’s Services caused by viruses, malicious software or other malware introduced via any part of the Subscriber’s Equipment.
  15. LIABILITY
    1. CIGNAL is legally responsible to the Subscriber only as set out in the Service Agreement.
    2. CIGNAL is not liable to the Subscriber in any way for any indirect, consequential, incidental losses or damages or any loss of profits, revenue, expenses, goodwill, anticipated savings however they may be caused and even if they were and are foreseen by the Subscriber and notified to CIGNAL in any manner.
    3. CIGNAL is not liable to the Subscriber in respect of any products or services the Subscriber orders from other companies using the Satellite Broadband Services.
    4. CIGNAL is not liable for any loss as a result of the suspension, disconnection or unavailability of the Satellite Broadband Services, which occur in accordance with the terms of the Service Agreement.
    5. CIGNAL is not liable to the Subscriber if something beyond its reasonable control prevents CIGNAL carrying out CIGNAL’s duties or providing any of the Satellite Broadband Services.
    6. Subscriber must notify CIGNAL in writing about any potential claim as soon as the Subscriber becomes aware of any incident from which such potential claim arises within 14 days of the occurrence of such incident. If the Subscriber makes CIGNAL aware of a claim outside of this timeframe, it is CIGNAL’s sole discretion as to whether CIGNAL recognizes and deals with any such claim.
    7. Limitation of Liability. CIGNAL shall not assume any liability for any suits, actions and/ or claims arising from any interruptions or impairment of Satellite Broadband Service and damage to property including but not limited to Subscriber Equipment, house of Subscriber or third persons and injury to third persons or pets that may be caused by lightning, typhoon, earthquake, other natural calamities; electrical current fluctuations, accident, force majeure, fortuitous events, or circumstances beyond the control of CIGNAL; works made by unauthorized technicians; and acts attributable to Subscriber, in the course of the delivery of the Satellite Broadband Services to Subscriber. Notwithstanding anything contained herein to the contrary, any liability of CIGNAL in connection with or arising from this Service Agreement shall, unless a different limit is provided for under the Service Agreement, be limited to an amount equivalent to one month’s subscription fee under this Service Agreement. CIGNAL shall not be liable for any special, indirect, incidental or consequential damages arising out of or relating to the Equipment or any other equipment, CIGNAL’s furnishing or failure to furnish any Services or equipment to Subscriber, or any fault, failure, deficiency or defect in Services or Equipment furnished to Subscriber.
    8. Subscriber is responsible for imposing unto himself, members of his family and household and guests any restrictions on the use of the Satellite Broadband Services as Subscriber deems appropriate. CIGNAL shall not be liable to anyone due to, or based upon, any information accessed using the Services or Equipment furnished to Subscriber.
    9. This section will apply even after the Service Agreement has ended.
  16. GENERAL
    1. CIGNAL may amend, modify or substitute any of the terms and conditions in the Satellite Broadband Service Agreement if new laws or rules make it necessary or for any other good reason. In the event of any material changes, CIGNAL will endeavor to provide the Subscriber with 30 days’ notice in writing in advance of doing so. If the Subscriber does not object to the modification, amendment or substitution via written notice to CIGNAL within 30 days of CIGNAL having been notified to the Subscriber, the new Terms and Conditions in their entirety shall then be deemed to supersede any and all preceding agreements between the Parties.
    2. Notices. Subscriber may give notice or submit complaints to CIGNAL by delivering or posting such notice to CIGNAL’s offices at 5F Launchpad Bldg., Sheridan cor. Reliance sts., Mandaluyong City, Philippines or through any of its published customer touchpoints. CIGNAL may give notice to Subscriber by delivery, post or email, to the addresses and information provided by Subscriber in the Subscriber Application Form or Service Agreement or through publication in a newspaper of general circulation. Either party may amend their details at any time provided advance written notice is given to the other.
    3. Governing law and Venue of Actions. This Service Agreement shall be governed by and construed in accordance with the laws of the Philippines. The Parties agree that the venue of all actions arising from the Service Agreement shall be the proper courts of Mandaluyong City, Metro Manila, to the exclusion of all other venues. In addition to any amounts due and collectible, Subscriber shall pay twenty-five percent (25%) of such amount as damages and twenty-five percent (25%) for attorney’s and cost of suit.

Privacy Notice And Data Privacy Consent Form

Cignal TV, Inc. (“Cignal TV”) respects your fundamental right to privacy and we commit to take great care in safeguarding your personal data. Throughout your use of our services, we collect and maintain some basic information about you. In accordance with applicable privacy laws, we share with you the general principles that govern how we collect, use, and share your personal data, as well as our privacy practices.

Why we collect your personal data

When we process your personal data, we do so under the following legal bases and for the purposes set out below:

  1. We process your personal data to perform our obligations under contract with you.
    • To create and nurture a relationship with you, so that we can continuously provide you with our services. For example, when you apply for our products and services, we collect personal data about you that will allow us to validate your identity and credit history for purposes of billing and collection of fees for the products and services that you avail from us.

  2. We process your personal data based on our legitimate interest to function effectively as a business, but we only do so when your interests and fundamental rights or freedoms do not override our legitimate interest. +
    • To continuously improve our business and operations. For example, we analyze your use of our products and services to help us manage your account, provide customer care activities, investigate and resolve your service-related requests and concerns, monitor the quality and security of our technology, train our staff, and plan for future growth. We do this so that we can continue to provide you with the best experience for the products and services that you avail from us.
    • To continuously improve our products and services. We collect, use, process, and analyze your use of our products and services so that we can understand how to improve them for your benefit. Our analysis may include some sensitive information about your usage, such as your historical locational information which we determine based on an analysis of the places where you may have used our products and services. In all cases, we ensure to aggregate and anonymize this information so that you are never identified as an individual.
    • To understand your needs and preferences so that we can serve you better. We process data to determine your usage profile by maintaining a record of the products and services that you avail from us, and by analyzing other activities such as when you participate in our market research initiatives, when you visit and transact in our stores, and when you visit and use our websites and mobile apps such as www.cignal.tv/connect. We do so in order to gain a better insight about the kinds of offers that would be relevant to your preferences.
    • To manage the security of our business operations. We may process your personal data to conduct IT security operations, to manage our assets, to ensure your fair use of our products and services, and for business continuity, disaster recovery, and audit purposes.
  3. We process your personal data as you avail of our products and services so that we may be able to create and offer better products and services for you, including through direct marketing.
    • To send you offers, recommendations and promotions. We process your usage profile to send you customized offers and promotions through your contact details using channels such as SMS, voice calls, and e-mail. This includes location-based offers that are exclusively available in areas that you may frequent.
    • To elaborate your usage profile. We may also collect personal information about you from third-party sources such as our subsidiaries, affiliates, and business partners, to whom you have also given your consent for them to share your information with us. We create this enhanced usage profile about you solely to get a deeper understanding of your preferences so that we can send you even better targeted product recommendations, special offers, and promotions.
  4. We process your personal data to comply with legal requirements.
    • To assist public authorities. We generate statistical insights based on your usage of our network and facilities to assist public authorities in planning for healthcare, disaster management, and other similar initiatives meant for public benefit. When we can, we aggregate and anonymize this information so that you are never identified as an individual.
    • To comply with legal requirements. We run credit scoring programs and initiatives, including but not limited to, providing information to the Credit Information Corporation in accordance to Republic Act No. 9501 and the Credit Information System Act. We may also perform other required personal data processing or disclosure to meet other relevant legal and regulatory requirements.
When we disclose your personal data

In some instances, we may be required to disclose your personal data to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our products and services.

This means we might share your information with:

In these cases, we ensure that your personal data is disclosed on a confidential basis, through secure channels, and only in compliance with applicable privacy laws and regulations. We will never share, rent, or sell your personal data to third parties outside of Cignal TV, except in special circumstances where you may have given your consent for, and as described in this statement.

Data Privacy Specific Consent Form

There are additional ways that we may process your personal data. These are completely optional, and we commit only to proceed with activities that you specifically allow us to do: