RESIDENTIAL DIRECT-TO-HOME SERVICE AGREEMENT
1. The Agreement. This Residential
Direct-to-Home Subscriber Service Agreement (hereinafter referred to as
“Agreement”), together with any applicable agreement such as, but not limited
to the Lock-in Agreement and Outlet Agreement for postpaid plans, sets forth
the terms and conditions under which Cignal TV, Inc. (“Service Provider”) will
provide its Services to an approved and activated residential subscriber
(“Subscriber”) and defines the rights and obligations of the parties.
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 declared
void, illegal or unenforceable by a court, the remaining provisions be valid
and enforceable. Service Provider being unable to strictly enforce any of
the provisions of this Agreement shall not be construed as a waiver of the
provision(s) concerned. Any waiver by Service Provider of any provision of this
Agreement shall only be valid if made in writing by an authorized
represtentative of Service Provider.
2. Services. “Services” shall mean
all video, audio, data and other programming services and all other services
that are currently available from Service Provider (whether subscription,
pay-per-view or otherwise) and those that Service Provider may provide to its
subscribers in the future. Services and other value-added services that may be
provided in the future shall be 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 Service, including but not limited to the titles, names,
logos or material included therein, shall remain vested in Service Provider or
its content providers. Subscriber agrees that the Service Provider may assign
its rights to the Service to any entity without the prior written consent of
Subscriber. The rights and obligations of the parties hereunder shall be
binding upon and shall inure to the benefit of the pa rties, their legal
representatives, successors-in-interest and in Subscriber’s case, his permitted
assigns.
3. Changes in Services Offered. Service
Provider reserves the right to add, delete, rearrange and/or change the channel
programming, programming packages, rationalize channel line-up and other
Services offered by Service Provider, at any time, including without
limitation, during any minimum subscription period or term commitment to which
Subscriber has agreed to. Subscriber agrees that any notice required with
respect to any change in programming, packages, channel line-up and other
Services offered by Service Provider may be made in a newspaper of general
circulation and Subscriber waives its rights to receive any such notice
individually or by any other means. In such event, the changes effected by
Service Provider shall not be considered a violation of this Agreement and
Service Provider shall have no obligation to replace or supplement such channel
programming, programming packages or other Services. Subscriber shall not
be entitled to any refund because of a deletion, rearrangement or change of any
programming, programming packages or other Services.
Certain services, sporting events and broadcast network
Services, may be blacked out in Subscriber’s viewing area or certain programs,
content or portions thereof may be blacked-out in compliance with legal and/or
contractual obligations of the Service Provider. If Subscriber circumvents any
of these blackouts, Subscriber may be subject to legal action in addition to
any other remedies Service Provider may have.
4. Equipment. In order to receive the
Services, Subscriber must purchase or lease, whenever applicable, certain
reception equipment consisting primarily of a Service Provider compatible
satellite receiver or set-top box, a Service Provider-approved conditional
access card (“Smart Card”), remote control, satellite antenna or dish, low
noise block (LNB) converter (collectively, the “Equipment”). Service
Provider may provide to Subscriber a standard length of cabling determined by
Service Provider and such other ancillary devices and accessories as part of
the Equipment. Set-top boxes and Smart Cards contain components and software
that are proprietary to Service Provider and/or its licensors (collectively
“Embedded Software and Smart Card Software”). Subscriber agrees that he
will not and will not attempt to reverse-engineer, decompile or disassemble,
tamper with or modify, any software or hardware contained within any set-top
box or Smart Card. Such actions are strictly prohibited and may result in
the termination of this Agreement, disconnection of Services and/or legal
action. The supply by the Service Provider of the Set-top boxes does not include
transfer of ownership over the Set-top box Embedded Software and Viewing Card
(Smart Card) Software, the ownership over which remains with the Service
Provider and/or its licensor for the said items.
Subscriber shall use the Equipment strictly for the purpose
of receiving Services and in accordance with terms of this Agreement, other
guidelines of the Service Provider and any accompanying operating manual or
directions for such Equipment by its manufacturer. Prolonged non-use of the
set-top box may adversely affect the ability of such set-top box to properly
receive signal for the Service.
5. Additional Receivers. Service Provider may
choose to allow Subscriber to place additional receivers or set-top boxes to a
single subscription account. If Service Provider allows Subscriber to do so,
each additional receiver or set-top box will be authorized to receive the same
Service as the initial set-top box, subject to the limitations of Subscriber’s
television equipment. All such additional set-top boxes must be located at the
same registered residence of the Subscriber. If Subscriber wishes to
receive Services at different residential locations or desires to have a
programming package for his additional set-top box different from that in his
initial set-top box, Subscriber must open a separate account for each location
or set-top box, as the case may be, unless otherwise specifically authorized in
writing by Service Provider. Subscriber shall then be treated as having
multiple subscriptions and will be charged accordingly unless the Service
Provider provides for a separate scheme. Subscriber shall purchase or lease
additional set top box(es), Smart Cards, remote controls and the appropriate
length of cable for each additional set-top box.
6. Minimum Subscription Period. Service
Provider reserves the right to impose a minimum subscription period for the
Service from 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, Service Provider may
charge Subscriber a pre-termination fee by way of penalty in addition to
forfeiture of any Service Deposits made. Unless otherwise specified by Service
Provider, 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.
7. Subscription Fees and Other Charges.
Subscriber agrees to pay to Service Provider subscription fees, outlet fees and
other charges, as well as all applicable taxes, in accordance with the selected
payment plan in the Residential Subscriber Application Form. Service
Provider reserves the right to increase the subscription fee, costs of services
and other charges and to impose new or additional charges other than those
indicated in the said form.
a. Installation Fees. Subscriber shall
pay, in addition to the subscription fees and other charges, an installation
fee to cover the truck roll, labor, physical installation of the Equipment and
other necessary equipment in Subscriber’s premises that would enable subscriber
to receive the Service. Service Provider reserves the right to charge
installation fees to Subscriber upon reconnection of Service, regardless of
reason for disconnection.
b. Excess Cable. There shall be
additional charges for materials and labor for installation in excess of the
standard length of cable provided by Service Provider, as determined by Service
Provider, from the dish to the location of set-top box.
c. Additional Equipment. Subscriber shall be
responsible for purchasing any additional equipment needed to receive the
Service. These should be acquired by Subscriber prior to the installation of
the Equipment.
d. Other Charges. Service Provider reserves
the right to charge security deposits, fees for other services and
Subscriber-initiated requests including, but not limited to, disconnection,
reconnection or transfer of the Set-top box within the Subscriber’s premises;
installation, disconnection, re-connection and/or transfer of additional
set-top box; replacement of Equipment beyond the warranty coverage,
re-alignment of dish, delivery of repaired and/or replacement equipment;
repairs and other similar services; and package upgrades and downgrades.
8. Late Payment Charges. Service
Provider reserves the right to impose a late payment charge on unpaid amounts
as Service Provider determines in its sole discretion. Service Provider may
charge interest equivalent to one and a half percent (1.5%) per month for all
accounts not paid on due date, plus a late payment charge equivalent to one and
half percent (1.5%) per month, until full payment.
9. Surcharges. Service Provider further
reserves the right to add to Subscriber’s overdue accounts a surcharge
equivalent to the actual costs incurred by the Service Provider to answer for
collection or attorney’s fees in the event that collection of said overdue
account is endorsed to a collection agency or law firm.
10. Billing and Payment
a. Billing. For Post-Paid accounts,
Service Provider shall send to Subscriber a Statement of Account (SOA) for
billings of subscription fees, fees for other services, and other charges, at
regular intervals and taking into consideration the chosen payment mode (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.
b. Payment. Subscriber shall pay the
subscription fees, 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 Service Provider the
amount of his outstanding balance through Service Provider’s Customer Helpdesk
and effect immediate payment, without need of further demand, on or before the
due date.
c. Payment Centers. Payments may be made
at Service Provider’s offices, distributors, authorized payment centers and
through duly accredited banks. Service Provider shall inform Subscriber from
time to time of any changes or additions to its existing bill payment centers.
Service Provider shall not be held liable for any payments made to parties
other than these authorized bill payment centers.
d. Change in Billing Address or other Customer
Information. Subscriber shall inform Service Provider in writing of any changes
in the Customer Information or Customer Address indicated in the reverse side
of this form. Service Provider shall not be responsible for the consequences of
Subscriber’s inability to receive the Service and/or the SOA and to pay the
account on time as a result of Subscriber’s failure to timely notify Service
Provider as required herein. Service Provider shall not be bound by any change
in Customer Information or Customer Address unless and until it receives such
written notice from Subscriber.
e. Non-Payment. Service Provider shall
have the right to disconnect the Service if the Subscriber fails to pay in full
his account after its due date. Such disconnection shall be without
prejudice to any action available to Service Provider under this Agreement,
under the law or in equity in order to recover all amounts payable to Service
Provider and/or damages suffered by Service Provider as a result of or in
connection with Subscriber’s non-payment.
f. Application of Payments. In the event
payment made by the Subscriber is not sufficient to fully discharge its
payables to the Service Provider, Service Provider shall apply such payment in
the following order: (i) expenses for collection, including attorney’s fees,
(ii) penalty, (iii) interest, (iv) outlet fees, and (v) subscription fees.
g. Bill Disputes. If Subscriber in good faith
disputes any portion of the SOA, Subscriber shall submit to Service Provider,
at least five (5) days prior to the relevant due date, written documentation
substantiating the disputed amount and make full payment of the undisputed
portion of the SOA within the due date. If Subscriber does not report a dispute
within the said period, Subscriber shall be deemed to have irrevocably waived
his/ dispute rights for that SOA and the SOA shall be deemed to be correct and
final. Any disputed amount resolved in favor of Subscriber shall be reflected
in the SOA immediately after the resolution. Any disputed amount determined to
be payable to Service Provider shall be due within seven (7) days of the
resolution of the dispute. If Subscriber withholds the disputed amount,
Subscriber’s account shall be deemed to be past due. In such event, Service
Provider shall be entitled to pursue any and all legal remedies provided in
this Agreement, including suspension or disconnection of Service.
11.
Non-Transferability. This Agreement and the Service may not
be leased, assigned or transferred by Subscriber to a third party without the
prior written consent of Service Provider. In the event Service Provider
gives its consent, the original Subscriber shall furnish to Service Provider
the conformity of the new Subscriber to the assignment and to assume all fees
and charges under the original account, if any. The assignment or
transfer notwithstanding, all Equipment, cable, connections and other
accessories, unless already paid for, shall remain the property of Service
Provider and the new Subscriber shall have no property right or interest over
the same but only the right to use as provided under this Agreement.
12. Installation and Transfer of Purchased
Equipment. Subscriber shall not install or transfer purchased Equipment
on his own. Subscriber hereby accepts full responsibility for any damages that
may be caused to the Equipment by this action or for any service interruption
and hereby accepts that this renders void any replacement warranty on the
Equipment.
13. Leased Equipment. Leased Equipment
(if any) as may be provided by Service Provider, installed at the premises of
Subscriber, shall remain the property of Service Provider and shall not be
transferred, moved or removed from the place of its initial installation.
Subscriber shall take proper care of the leased Equipment and will not make any
alterations or additions thereto. 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 Service Provider upon
termination of this Agreement or as may be required by Service Provider.
14. Limited Warranty on Purchased Equipment.
Set-top boxes purchased by Subscriber from Service Provider have a six-month
warranty from the date of its activation in accordance with Service Provider’s
warranty policies. Except as expressly provided herein, Service Provider makes
no warranty, either express or implied, regarding the Equipment or any other
equipment or the Services furnished to Subscriber. All such warranties,
including without limitation, any implied warranty of merchantability or
fitness for a particular purpose, are hereby expressly disclaimed and excluded.
Subscriber may access Service Provider’s detailed and complete warranty
policies in its website www.cignal.tv.
15. Access to Premises. Subscriber shall allow
the duly authorized personnel, agents or representatives of Service Provider
access to his premises for maintenance, inspection, quality assurance and
technical audit purposes and to recover any leased Equipment or any equipment
owned by Service Provider.
16. Prohibited Acts. The following shall
constitute prohibited acts by Subscriber (“Prohibited Acts”) whether performed
by himself or in conjunction with others and shall be dealt with in accordance
with the terms of this Agreement:
a. Unauthorized lease, assignment or transfer
of Service or leased Equipment;
b. Repair or cause the repair of any
set-top box or other Equipment by third party repair entities;
c. Subscription fraud discovered after
approval of application;
d. Willful violation of the rules and
regulations of Service Provider in relation to provision of the Service
or of any government regulatory agency having jurisdiction;
e. Use of the Service for any illegal or
immoral purpose, or for any purpose other than that as described under
this Agreement;
f. Unauthorized reception of Service
Provider’s DTH signal including unauthorized copying, recording, reproduction
or rebroadcasting of any content of the Service;
g. Unauthorized connection of accessories or
devices to the Equipment;
h. Receiving any portion of the Services
without paying for them and/or any direct or indirect act or attempted
act to engage or assist in any unauthorized interception or reception of
any portion of the Services;
i. Modifying the Equipment to receive
encrypted television programming without payment of required
subscription;
j. Reverse-engineering, decompiling or
disassembling, tampering with or modifying (including any attempts
thereof) the Equipment, or any software or hardware contained within any
set-top box or Smart Card;
k. Use of Smart card other than that issued by
Service Provider for the specific set-top box;
l. Removal of the Equipment from the
Philippines or export and/or use of Equipment outside the Philippine territory;
and other similar acts.
The commission of the above acts are strictly prohibited and
may result in the immediate termination of this Agreement, disconnection of the
Services and/or legal action. Subscriber shall indemnify Service Provider for
any and all damages, claims incurred or to be incurred by Service Provider as a
result of or in connection with the commission of any of the Prohibited Acts.
17. Disconnection and Termination.
Service Provider reserves the right to disconnect the Service received by
Subscriber, without prior notice, in the following instances:
a. Commission of any of the Prohibited Acts in
Section 16 above;
b. Violation of any of the material provisions
of this Agreement; or
c. Non-payment of account after due date.
Upon the sole determination of Service Provider and after
due notice, Service may likewise be disconnected or denied to a Subscriber with
poor credit or paying history. Upon disconnection, the outstanding balance of
Subscriber shall be deemed immediately due and demandable and must be paid
immediately without need of further demand. Service Provider likewise reserves
the right to terminate this Agreement and disconnect the Service received by
Subscriber in the event that the Service Provider is prevented from rendering
such Service for reasons and/or causes beyond the Service Provider’s control,
such as, but not limited to the imposition of restrictions by national and/or
local government authorities, the imposition of restrictions and/or charges by
a condominium corporation, village or homeowners’ association, or similar
entities/authorities in the location where the Service is rendered.
18. Subscriber Initiated Disconnection. In cases where
Subscriber voluntarily requests for disconnection of the service, Subscriber
shall provide written notice to Service Provider at least thirty (30) days
prior to the intended date of disconnection. Service and monthly charges shall
continue to apply until Service Provider has received the written notice of
disconnection and made it effective. Voluntarily termination shall not relieve
the Subscriber of his obligation to pay Service Provider of fees and charges
accrued or payable prior to the effective date of termination.
19. Service Commitment on Signal Interruptions. The fees due
to Service Provider shall continue to accrue without deductions even in case of
service interruption except where such interruption is through no fault of the
subscriber. Service Provider does not warrant that an uninterrupted signal
and/or clear reception will be available to Subscriber at all times. Subscriber
shall hold Service Provider free and harmless from any and all liabilities as a
result of such interruption of signal and/or unclear reception. However,
Service Provider will exert its best efforts to deliver a continuous and clear
signal to Subscriber in accordance with applicable technical standards required
by the National Telecommunications Commission.
20. Intellectual Property. Subscriber
hereby undertakes to uphold the intellectual property rights and interests of
Service Provider and third parties and hereby commits to refrain from
unauthorized taping, rebroadcasting, recording, duplicating or otherwise
reproducing, in any manner, form, and for any purpose whatsoever, the programs,
trademarks, logos, copyrights and services received by and passed to Subscriber
under and by reason of this Agreement without prejudice to the right of Service
Provider to recover damages and/or to file the necessary criminal action
against violators. Subscriber shall indemnify and hold Service Provider free
and harmless from any and all claims, losses, damages, costs or expenses
incurred by reason of Subscriber’s infringement of any intellectual property
rights under this Section.
21. Restriction on Viewership. The
Service is provided for private viewing in Subscriber’s private home indicated
in the installation address on the reverse side of this Agreement. Subscriber
agrees that the Services will not be viewed in areas open to the public,
commercial establishments or other residential locations. Services shall not be
used for business, commercial or industrial purposes. Services may not be
re-broadcast or performed, and admission may not be charged for viewing any
Services. Subscriber shall hold Service Provider free and harmless from
any and all liability arising from a violation of this condition. Further, if
the Services are viewed in an area open to the public, a commercial
establishment or other residential location, Service Provider may disconnect
the Services and, in addition to all other applicable fees, Subscriber shall
pay Service Provider the difference between the price actually paid for the
Services and the full applicable rate for such Services, regardless of whether
Service Provider has the right to distribute the Services in such other
location.
22. Limitation of Liability. Service Provider
shall not assume any liability for any suits, actions and/or claims arising
from interruptions or impairment of service and damage to property including
but not limited to TV sets, video and audio equipment, house of Subscriber or
third persons and injury to 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 Service Provider, DTH system problems arising from unauthorized cable
connection or transfer, even if caused by Service Provider Equipment;
works made by unauthorized technicians; and acts attributable to
Subscriber, in the course of the delivery of Service to Subscriber.
Notwithstanding anything contained herein to the contrary, any liability of
Service Provider in connection with or arising from this Agreement shall be
limited to an amount equivalent to one month’s subscription fee under this
Agreement. Service Provider shall not be liable for any special, indirect,
incidental or consequential damages arising out of or relating to the Equipment
or any other equipment, Service Provider’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.
Subscriber is responsible for imposing any programming or
other content restrictions on himself, members of his family and household and
guests as Subscriber deems appropriate. Service Provider shall not be
liable to anyone due to, or based upon, any content (including without
limitation, any inaccuracies, errors, or omissions from such content): (i)
contained in any of the Services furnished to you; or (ii) accessed using the
Services or Equipment furnished to you.
23. Amendments. Service Provider reserves the
right to amend, modify, change or supplement the terms and conditions to this
Agreement as the Service may require. Service Provider shall advise
Subscriber of any such changes or supplements with reasonable prior
notice.
24. Venue of Action and Expenses of
Litigation. The parties agree that the venue of all actions arising from
this Agreement shall be the proper courts in 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 fees and cost of suit.
OUTLET AGREEMENT FOR LEASE PLAN SUBSCRIBERS
This Outlet Agreement sets forth the terms and conditions
for the use by Subscriber of the Service Provider’s Equipment described below
(each “Outlet”) solely in connection with the Service Provider’s DTH Service
for residential subscribers under a Lease plan as availed of by Subscriber
under the Direct To Home Service Agreement (the “Agreement”). The terms
and conditions of the DTH Service are contained in the Residential Direct to
Home (DTH) Service Agreement between the Subscriber and the Service Provider
(“Agreement”) is incorporated herein by reference. In case of conflict between
the terms of the Agreement and this Outlet Agreement with respect to the
Outlet, including its use, replacement, termination and warranty, the terms of
this Outlet Agreement shall prevail.
Upon signing this Outlet Agreement, the Subscriber shall pay
in advance the Outlet Fee for one (1) month period (“Advanced Outlet Fee”) or a
one-time non-refundable deposit of P1,500 for Plan 1990, in cash and/or
personal check, payable to the Service Provider. It is hereby understood that
the term “Outlet” used under this Outlet Agreement includes the
conditional-access card (Smart Card) supplied by the Service Provider.
Installation of the Outlet and activation of the DTH Service
(“Service”) for the Outlet shall be conclusive presumption that
the Subscriber has accepted the Outlet and that such Outlet is in good working
condition, unless Subscriber serves Service Provider written notice within five
(5) days from installation thereof specifying any defect in the Outlet.
All accessories supplied by Service Provider together with
the Outlet, namely the satellite dish, LNB (low noise block), connectors,
remote control, cabling (collectively, the “Accessories”) shall be owned by
Subscriber upon delivery thereof. Title and risk to the Accessories shall be
transferred to the Subscriber upon delivery. Service Provider makes no warranty
on the Accessories’ merchantability or fitness for a particular purpose.
Installation charges for the Outlet and/or the Accessories
shall be for the account of and paid for by the Subscriber. The cost of any
safety device or equipment which Service Provider deems necessary and the
installation thereof shall be for the account of and paid for by the
Subscriber. Service Provider warrants that the workmanship of the installation
for a period of six (6) months from Activation Date. This warranty excludes
damage or defects of the Outlet, Accessories caused by Subscriber, any third
party or force majeure. Service Provider makes no representation or
warranty, express or implied, including without limitation,
warranties of merchantability, fitness for a particular purpose or infringement
except as provided under this Outlet Agreement.
Subscriber undertakes to use the Outlet solely and strictly
in connection with the Service and shall take utmost care of the same with the
diligence of a good father of a family.
The Outlet shall be installed in a particular location and
television set in the Installation Address and shall not be moved or removed
there from without the prior written consent of Service Provider. Subscriber
shall not remove the SMARTCARD in the Outlet without the prior written consent
of the Service Provider. Service Provider shall remain the owner of the Outlet
and the Subscriber shall not sell, assign, sublease, mortgage, charge, encumber
or otherwise part possession or dispose of the Outlet and shall at all times be
responsible therefor. Nothing herein shall confer or be deemed to confer
ownership of the Outlet to the Subscriber.
Subscriber shall be responsible for any loss or damage to
the Outlet while in the Subscriber’s possession or custody, except those
arising from normal wear and tear. If the Outlet is damaged while in the
possession of or custody of the Subscriber, Subscriber shall immediately notify
Service Provider and deliver the damaged Outlet to Service Provider or its
authorized personnel for testing and repair. Subscriber shall not allow any
third party to access and/or repair the Outlet. The cost of the repair shall be
charged to the Subscriber (“Repair Charges”). Service Provider shall
replace the Outlet if it finds it defective, malfunctioning or damaged as a
result of manufacturer flaws. The Outlet shall not be replaced if such defect,
malfunction or damage is found to be due to improper use, abuse, faulty
handling, accident, neglect, lightning, electrical current fluctuations,
tampering, repair by unauthorized technician, improper parts replacement, force
majeure, fortuitous event and other circumstances beyond the reasonable control
of Service Provider or such acts as may be attributable to the fault or
negligence of Subscriber. In such cases replacement shall be provided upon
payment of the applicable costs and charges by the Subscriber. Service Provider
shall not be responsible for any damages to Subscriber’s television or other
appliances and devices and other property as well as signal or system problems
that may arise due to the instances mentioned in the this clause. Service
Provider shall have no obligation to replace the Outlet while the same is being
repaired.
In case of loss of the Outlet (or damage of the Outlet
caused by the Subscriber), Subscriber shall pay Service Provider the cost of
the Outlet based on Service Provider’s current retail sale pricing (“Unreturned
Outlet Fee”) in addition to the forfeiture of Outlet Fee, if any. Service
Provider shall have no obligation to replace the lost Outlet and reserves the
right to charge the Subscriber the Unreturned Outlet Fee before a replacement
outlet is issued. The Subscriber shall inform Service Provider within
forty-eight (48) hours from such loss and furnish Service Provider with copies
of police report, affidavit of loss and/or such other documents as may be
required by Service Provider.
Subscriber agrees to allow duly authorized personnel of
Service Provider access to its premises for installation and maintenance
purposes, as well as recovery of the Outlet upon termination of this Outlet
Agreement.
In no event shall Service Provider be liable for any loss of
profits, loss of use, or indirect, special, incidental or consequential damages
of any kind, in connection with or arising out of or in any manner connected
with this Outlet Agreement or the subject matter hereof, in each case
regardless of the form of action and whether or not such the Service Provider
has been informed of, or otherwise might have anticipated, the possibility of
such damages.
Subscriber hereby agrees to hold Service Provider free from
all liability against any suit, action or claim arising from the unauthorized
use of the Outlet. Likewise, Service Provider shall not be held responsible for
any damages to the Subscriber’s television set or other property as a result of
any improper operation or usage of the Outlet.
This Outlet Agreement may be terminated on notice at the
sole option of the Service Provider if (i) Subscriber breaches the terms
of the Agreement or this or any other Outlet Agreement entered into by
Subscriber and Service Provider, (ii) if the Outlet is lost or substantially
damaged, (iii) if the Outlet Agreement for the Primary Outlet is terminated,
and (iv) the Service is disconnected by the Service Provider. A termination by
Service Provider of the outlet agreement for the Primary Outlet automatically
results in the termination of the outlet agreement for 2nd and 3rd boxes (each,
a “Secondary Outlet”). Termination by Service Provider of this Outlet Agreement
is without prejudice to any other rights Service Provider may have under law or
equity. If Subscriber desires to terminate this Outlet Agreement, written
notice must be provided to Service Provider at least fifteen (15) days prior to
the intended date of termination.
If prior to the expiration of the Term Commitment, (i)
Subscriber terminates this Outlet Agreement or the Service, or (ii) Service
Provider terminates this Outlet Agreement in accordance with Section 11 and 17
hereof, all unapplied Outlet Fee shall be forfeited in favor of Service
Provider and in addition, Service Provider may collect a cancellation fee
(“Cancellation Fee”) equivalent to the Outlet Fee payable for the remaining
months in the Term Commitment.
Upon termination of this Outlet Agreement or the Service for
any reason whatsoever, the Subscriber shall immediately return the Outlet to
the Service Provider or its authorized personnel in good working order and
condition. In case Subscriber fails to return the Outlet within one (1) week
from effective date of termination or refuses to deliver possession thereof to
authorized personnel of Service Provider, Subscriber shall be liable to pay
Service Provider the amount equivalent to Service Provider’s retail sales for
the Outlet or its equivalent as well as any damages and/or costs incurred for
recovery of the Outlet.
Any and all fees, charges and deposits, when applicable,
under this Outlet Agreement are subject to change without prior notice to the
Subscriber.
This Outlet Agreement shall take effect immediately upon
installation of the Outlet in the Installation Address and activation of the
Service.
Service Provider further disclaims and shall not assume any
liability for any suits, actions and/or claims arising from any interruption or
impairment of service or damage to property of Subscriber or third persons and
injury to persons or pets that may be caused by lightning, typhoons, earthquake
or natural calamities, accident, force majeure, fortuitous events,
circumstances beyond the control of the Service Provider arising from or in
connection with the use by the Subscriber of the Outlet or the Accessories.
Notwithstanding anything contained herein to the contrary, any liability of
Service Provider in connection with or arising from this Outlet Agreement shall
be limited to an amount equal to one (1) month’s Outlet Fee.
The Subscriber, hereby, undertakes to uphold the property
rights and interest of Service Provider and/or its content providers and hereby
agrees not to tape, record duplicate or otherwise reproduce, in any manner and
form whatsoever and for any purposes, the programs, trademarks/logo, copyrights
and services received by and passed to him under and by reason of this Outlet
Agreement. Subscriber further undertakes not to use the Outlet to perform the
Prohibited Acts provided for in the Agreement. A breach of this provision shall
result in the termination of this Outlet Agreement and the Agreement without
prejudice to Service Provider's rights to recover damages and to file criminal
action.
The Outlet under this Agreement shall be used exclusively
for household or personal viewing in Subscriber’s private home indicated in the
Installation Address and shall never be used for business, commercial or
industrial purposes. The Outlet shall not be installed or used to allow viewing
of the Services in areas open to the public. The Subscriber shall hold Service
Provider free and harmless from any and all liability that may arise from a
violation of this provision.
Service Provider shall have the right to assign any and all
rights, obligations to and under this Agreement to any third party without need
of consent of the Subscriber. Subscriber shall not assign any and all rights,
obligations to and under this Agreement.
Service Provider reserves the right to adjust, modify, amend
or supplement these terms and conditions as the Service may require. Service
Provider will advise the Subscriber of any changes by sending him a notice
setting out such changes.
The failure by Service Provider to insist upon the strict
performance by Subscriber of any of the Subscriber’s obligations or provisions
under this Outlet Agreement shall not be construed as a waiver of such
obligation or provision, the same to continue to be in force and effect. The
terms and conditions of this Outlet Agreement are severable and in the event
any provision herein shall be held to be void, invalid or unenforceable, the
other provisions shall not be affected and shall continue to be applicable and
in force and effect.
AUTOMATIC DEBIT AGREEMENT TERMS AND CONDITIONS
1. For purposes of this Automatic Debit
Agreement, the words “I”, “my”, “me” shall refer to the subscriber. “Issuing
Bank” refers to a bank or financial institution who issued the credit card.
“Acquiring Bank” refers to a bank or financial institution that processes
credit payments on behalf of a merchant. “Merchant” refers to CIGNAL TV, INC.
2. Enrollment to the Automatic Debit
Agreement (“ADA) shall take effect upon approval of the issuing bank or
acquiring bank and CIGNAL TV, INC.
3. The Auto Charge Arrangement shall
apply only for the Cignal Digital TV account/s listed in this enrolment form.
4. Upon the approval of my enrolment to
the ADA, I hereby authorize CIGNAL TV, INC. to automatically charge my total
Cignal TV postpaid subscription account balances as indicated in my Cignal TV’s
statement of account to my enrolled credit card, on a monthly basis.
5. The Automatic Debit Arrangement (ADA)
shall take effect only upon approval of my ADA enrollment, and shall apply to
the CIGNAL TV, INC., charges indicated in the following month’s Statement of
Account (SOA).
6. The issuing bank or acquiring bank
has the absolute authority to decline, reject or cancel any enrollment on
grounds such as, but not limited to the following: no available credit limit,
overdue balance, suspended or past due status or upon Cardholder’s cancellation
of his/her enrollment. In such cases, the Cardholder will not hold CIGNAL TV,
INC. liable in any event whatsoever for any damage, loss or liability that the
Cardholder might suffer directly or indirectly by reason of such decline,
rejection or cancellation.
7. In the event that the credit card
billing charge submitted by CIGNAL TV, INC. to the issuing bank or acquiring
bank is rejected or declined for any reason of whatsoever, I shall immediately
settle my outstanding balance directly with CIGNAL TV, INC through CIGNAL TV,
INC’s authorized payment centers, without need for further demand or notice
from CIGNAL TV, INC.
8. In case of changes in my credit card
number and other credit card details brought about by cases, such as, but not
limited to lost credit card, upgrade and/or card renewal, I shall be required
to immediately submit a new ADA Enrollment Form indicating these changes.
9. I undertake to advice CIGNAL TV, INC. of
the new expiry date of my enrolled credit card at least 30 days before the
actual expiry date, in writing or through a phone call to CIGNAL TV, INC’s
Customer Service at (02) 8888-5555 (Metro Manila) or #88-555 (provincial
toll-free). I shall not hold CIGNAL TV, INC. for the inconvenience or
delay of my payments should the credit card company decline the transaction due
to my expired credit card.
10. I understand that at any time,
CIGNAL TV, INC. may initiate cancellation of my enrollment to ADA, for any
reason whatsoever. In case of such cancellation, I shall pay the bills directly
through CIGNAL TV, INC’s authorized payment centers. Any amount due prior to
the effective date of such cancellation are still valid and may still be
submitted by CIGNAL TV, INC. to the issuing bank or acquiring bank for
approval.
CHANNEL ADD-ON AVAILMENT TERMS AND CONDITIONS
Your availment of and subscription to CIGNAL’s CHANNEL
ADD-ON shall be governed by and subject to the terms and conditions of the
CIGNAL TV Residential Direct-To-Home Service Agreement (the “Terms and
Conditions of Service”). In addition, you agree to:
1. Pay the Channel(s) Add-on fee once
billed, which fee is on top of any advance payments and/or promos availed;
2. Keep your payment up-to-date until
the day of the event to avoid service interruption;
3. The Channel(s) Add-on service and
charge shall continue to apply every month until you notify CIGNAL of the
termination of the Channel Add-on service through Cignal Care:
Cignal Care Hotline: (02) 8888-5555 (Metro Manila) | #88-555
(provincial toll-free)
4. The Channel Add-on fee is
non-refundable, and the service is non-transferrable and, as provided for in
the Terms and Conditions of Service, shall solely be used for residential
viewing.