Mt. PALALI
NETWORKS and DATA SOLUTIONS
Internet Service Agreement
MPNDS, hereafter referred to as Mt. Palali Network and Data Solutions, and _______________________________, hereafter referred to as the SUBSCRIBER, do hereby agree to enter into this subscription agreement for Internet services as to be provided by Mt. Palali under the following terms and conditions.
ITEM 1. DEFINITION OF TERMS
Unless the context indicates otherwise, the following terms used in this agreement are defined as follows:
- "Internet services" or "Services" shall mean access to the Internet and any ancillary Internet-based technologies, applications, software or shareware, consulting and other service offerings as may be provided from time to time under this contract by MPNDS.
- "Subscriber" refers to any individual or legal entity who has requested for Internet services from P2P Connection and agrees to the terms and condition of this contract.
- " P2P Connection " refers to the Internet services to be provided by MPNDS to the SUBSCRIBERS.
- "Internet Content" refers to all information, software, shareware and other data utilizing various media that can be accessed through or obtained by virtue of the other Services provided hereunder.
ITEM 2. SUBSCRIBER SERVICES
MPNDS shall provide the SUBSCRIBER with the following services.
- Internet dial-up connectivity to the global Internet from the SUBSCRIBERS' site via P2P Connection and using TCP/IP as the connectivity protocol.
- Limited installation support and other services necessary for the commencement of the SUBSCRIBERS' Internet connectivity via P2P Connection.
- Free technical support services.
ITEM 3. INSTALLATION FEE
The SUBSCRIBER may be required to make a payment of (Please see attached BOM) as Installation fee exclusive of VAT with MPNDS upon subscription and commencement of this contract in addition to the applicable fees and charges. A processing fee of Two Thousand Pesos (P2000.00) exclusive of VAT will be charged in the event of termination request made within the unfinished contract of the Subscriber as TERMINATION FEE.
ITEM 4. PAYMENT
The SUBSCRIBER shall pay to MPNDS as consideration for the Internet services provided through MPNDS such applicable fees and charges as may be provided for in the subscription form under the following terms:
- MPNDS will provide the SUBSCRIBER with a monthly Statement of Account (SOA) for Internet services provided through MPNDS. Payment shall be due and demandable on the date of issuance of the said Statement.
- The SUBSCRIBER shall pay the applicable monthly fees and such additional charges as it may incur in its usage of MPNDS service for a particular month within Three (3) days after the date of issuance of the said Statement for payment issued by MPNDS.
- All payments due to MPNDS from the SUBSCRIBER must be made in full.
ITEM 6. SUSPENSION OF SERVICES
MPNDS may, without notice to the SUBSCRIBER, suspend the access of the latter to P2P Connection services on any of the following grounds:
- Non-payment of applicable fees and charges within the Three (3) day period provided in item 4.2 above. The suspension shall continue until payment in full has been made. In addition, a reconnection fee of Fifty (P300.00) Pesos exclusive of VAT must also be paid.
- In case s breach by the SUBSCRIPTION of any provision of this contract, the suspension shall continue until the breach has been remedied to the satisfaction of MPNDS.
- In case such suspension of services is made necessary because of technical difficulties arising due to cause beyond the control of MPNDS, the latter shall endeavor to resolve such difficulties and reconnect the SUBSCRIBER to MPNDS within the shortest time possible.
- In situations where the equipment, software or online activities of the SUBSCRIBER is interfering with the other services of MPNDS, the suspension shall continue until the interference has been remedied to the satisfaction of Mt. Palali.
- Such other grounds for suspension and for such duration as the parties may agree upon during the lifetime of this contract or such as those found in the Acceptable.
ITEM 7. SUBSCRIBER USAGE
The SUBSCRIBER may use all Internet services made available under this contract through P2P Connection for any PERSONAL/NON-COMMERCIAL and legal purpose as the SUBSCRIBER may deem fit. Transmission of any Internet content that violates Philippine law is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or trade secrets. SUBSCRIBER herewith agrees to indemnify MPNDS, its directors, employees, and agents, and to hold MPNDS free from any claim resulting from the use by the SUBSCRIBER of any of the Mt. Palali Services which damages the SUBSCRIBER or any other party in any aspect.
ITEM 9. DATA TRANSFER
MPNDS exercises no control whatsoever over the content of the information or data transmitted through P2P Connection. MPNDS may not regulate the flow of data or information through its P2P Connection services to and from the SUBSCRIBER except as otherwise provided in this contact.
ITEM 10. WARRANTIES
MPNDS makes no warranties, expressed or implied for its P2P Connection services as well as such Internet services accessed through P2P Connection and disclaim any responsibility for the accuracy or quality of information obtained through P2P Connection .No warranty for merchantability or fitness for a particular purpose is hereby claimed.
ITEM 11. DISCLAIMER
MPNDS shall not be liable for any damage SUBSCRIBERS may suffer or have suffered due to the use of P2P Connection. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, service interruptions or SUBSCRIBERS' own errors or omissions in using the services provided, or direct, indirect, special, incidental or consequential damages of any kind, even if MPNDS has been advised of the possibility of such damages and notwithstanding any failure or essential purpose of any limited remedy.
ITEM 12. TRANSFERABILITY
Unless otherwise agreed upon by the parties, the SUBSCRIBERS' right to use the P2P Connection services of MPNDS shall be personal and non-transferable and is subject to such limits and restrictions provided for in this contract.
ITEM 13. SUBSCRIBER FACILITIES
The SUBSCRIBER shall be responsible for and must provide all telephone and other equipment necessary to access P2P Connection as may be specified by MPNDS. The SUBSCRIBER must comply with MPNDS’ requirements as regards access to equipment and/or mode of access to and/or use of P2P Connection. By signing below, I certify that the foregoing information is true and correct. I certify that I have read, understood and I agree to be bound by the terms and conditions governing the use of P2P Connection as stated in the service agreement above and I am bound to these and future amendments thereto.
ITEM 14. LOCK-IN CONTRACT
The SUBSCRIBER will be on lock-in contract for 6 months upon subscription and shall commence once the services has been activated. Termination fee may imply upon breaching unfinish contract stated at Item No. 3.
Conforme
|
Date:
|
Subscribers Signature:
|
|
Date:
|
 Branch Manager's Signature:
Engr. Melvin S. Pielago
|
Main Office: Brgy. Zaraganay, Baresbes,Quezon Nueva vizcaya
Branch Office: Sitio Kaysakat Brgy. San Jose Antipolo City
