The availability, use and provision of postpaid wi-tribe broadband wireless Internet and related services (“Service”), as well as any related software, content or equipment provided by wi-tribe Telecoms, Inc. (hereinafter referred to as “wi-tribe”) shall be subject to the Terms and Conditions stated herein and in wi-tribe’s website: www.wi-tribe.ph.
1. SUBSCRIPTION PLAN AND MINIMUM SUBSCRIPTION PERIOD
a) Subscription Plan — wi-tribe shall provide the Service based on the subscription plan applied for by Subscriber and approved by wi-tribe.
b) Minimum Subscription Period — The Subscription Plan provides for a Minimum Subscription Period, commencing from the date the Service is activated. If Subscriber pre-terminates the subscription, Subscriber shall pay the Pre-termination Fee as per Sec. 2(e).
c) Renewal – The subscription shall be automatically renewed after the Minimum Subscription Period unless Subscriber gives wi-tribe 30-day prior written Notice of Termination.
d) Subscription Plan Upgrades and Downgrades — Subscriber’s requests for changes in the Subscription Plan shall be subject to wi-tribe’s approval. If approved, the corresponding adjustment in rates and fees shall be effected in the billing cycle following the approval.
2. FEES, RATES AND CHARGES
a) Monthly Service Fee — Subscriber shall pay the monthly service fees and other charges in accordance with the Subscription Plan. wi-tribe reserves the right to bill the monthly service fees in advance and to impose currency exchange rate adjustments where necessary. Furthermore, the Subscriber shall pay the additional taxes on the Service or fees pursuant to the laws and rules imposing the same, notwithstanding that Subscriber may have been billed or made advance payments in accordance with previous rules.
b) Deposit – wi-tribe may require Subscriber to deposit an amount with wi-tribe to secure Subscriber’s compliance with his payment obligations. The deposit shall not earn interest and shall not be construed as the limit of the amount that wi-tribe may charge or recover from Subscriber’s obligations to wi-tribe. The deposit shall be returned to the Subscriber within sixty (60) days from termination of the subscription, after deducting therefrom the amounts due from the Subscriber.
c) Credit Limit — Subscriber shall be assigned a Credit Limit. wi-tribe has the right, but not the obligation, to suspend, redirect, temporarily or permanently disconnect the Service as soon as the Credit Limit is exceeded, or when otherwise warranted by abnormal usage patterns or circumstances, without prior notice to the Subscriber. wi-tribe shall have no obligation to reconnect the Service unless the cause for such suspension, redirection, or disconnection has been resolved.
d) Service Modification Fees – wi-tribe may charge a nominal fees for service modification such as changes in subscription plans, etc.
d) Pre-termination Fees — If Subscriber pre-terminates or cancels the subscription before the end of the Minimum Subscription Period, Subscriber shall pay the corresponding Pre-termination Fee based on his subscription plan.
3. BILLING AND PAYMENT
a) Billing Statement — Billing Statements will be posted on-line at www.wi-tribe.ph which Subscriber may access through his account portal. wi-tribe may send Billing Statements to Subscriber at his billing address written in his Subscriber Application Form.
b) Billing Dispute — If Subscriber disputes the Billing Statement, Subscriber shall submit to wi-tribe within 15 days from Billing Statement date a letter identifying the disputed portions and submitting substantiation for the reason for the dispute. Otherwise, the Billing Statement shall be final and conclusive. Any disputed amount resolved in favor of the Subscriber shall be adjusted in the next Billing Statement. Any disputed amount determined to be payable to wi-tribe shall be paid within 7 days of the resolution of the dispute. Otherwise, said amount shall be considered overdue.
c) Final Bill — In case Service is discontinued or terminated for any reason, all unpaid bills, applicable fees and penalty charges shall immediately become due and demandable, without prejudice to the right of wi-tribe to bill the Subscriber by way of supplementary bills for unpaid charges wi-tribe discovers thereafter.
d) Payment — The Subscriber shall pay for all fees and charges by the due date indicated in the Billing Statement. Overdue accounts may be charged interest of 2% per month or Php100.00 per month whichever is higher. Late payments shall be applied first to penalties, then interest, then bills in arrears, then to current obligations.
e) Non-payment — wi-tribe may suspend, redirect, temporarily or permanently disconnect the Service for Subscriber’s failure to pay any amount when due, without prejudice to other legal remedies. In addition, temporary or permanent disconnection occurring during the Minimum Subscription Period shall make Subscriber liable for the Pre-termination Fee.
4. SUBSCRIBER DUTIES AND RESPONSIBILITIES
a) CPE and other Devices – The Subscriber shall be responsible for the security of the consumer premises equipment and other devices issued by wi-tribe (“CPE”). All usages of the CPE and of the Service shall be conclusively presumed made by and/or authorized by the Subscriber, who shall be liable for all charges arising from said use.
b) Ownership of CPE — Ownership of CPE shall remain with wi-tribe and Subscriber shall hold it in trust for and in behalf of wi-tribe and shall shoulder the repair or replacement costs thereof.
c) Repair, Maintenance and Warranty — Subscriber shall, as possessor and actual user of the CPE, shoulder repair or replacement costs arising from any loss or damage to the CPE, whether due to fire, theft, vandalism, accident, or negligence by the Subscriber or any other person aside from wi-tribe. Warranty claims shall be dealt with in accordance with the dealer or manufacturer’s standard warranty. wi-tribe shall not be responsible for acts of the Subscriber which void the warranty or render the same inapplicable. Repair or replacement of the CPE, if undertaken by wi-tribe, shall be subject to wi-tribe’s schedule of repair and replacement. The costs of repair or replacement will be charged to Subscriber at the time repair or replacement is sought.
d) Notice of Loss — Subscriber shall, immediately upon discovery of any loss or theft of the CPE, report the same to wi-tribe through wi-tribe’s Customer Service Hotline, or through any wi-tribe Business Center, followed by submission of a Notice of Loss within 24 hours from discovery of the loss. Subscriber shall continue to be responsible and liable for any use of the Service for a period of 24 hours after wi-tribe’s receipt of the notice of loss. Subscriber shall remain liable for the Monthly Service Fees during the period of temporary disconnection.
e) Encumbrances and Transfer of Ownership — Subscriber shall not transfer or encumber the CPE or any right arising from the subscription, without wi-tribe’s prior written consent. wi-tribe reserves the right not to honor any such transfer or encumbrance without its prior consent, and to immediately disconnect the Service. Subscriber shall indemnify wi-tribe for all sums for which it may be liable arising from its refusal to render Service to the unauthorized transferee. Subscriber shall remain liable for all charges pending the consideration of the request for transfer or encumbrance. Where applicable, the transferee shall be liable for the completion of the Minimum Subscription Period, and transferee’s failure to complete the same shall make him liable for the Pre-termination Fee.
f) Subscriber shall not resell or re-distribute the Service, whether temporary or permanent or for no value, without wi-tribe’s prior written consent.
g) Subscriber shall abide by the generally accepted standards of conduct and usage of the Service by not sending any message or material that is defamatory, invasive of privacy, obscene or offensive, or which contains viruses, worms and or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the CPE, any software or hardware, or of wi-tribe’s nework.
h) FAIR USAGE POLICY —
i) Subscriber acknowledges that the wi-tribe Internet Bandwidth is shared among all wi-tribe subscribers and it may be necessary for wi-tribe to regulate Service to a very small number of extremely heavy users for the protection of other subscribers and to ensure fast and reliable Service for majority of subscribers. Subscriber thus agrees that the Service is subject to wi-tribe’s Fair Usage Policy posted at www.wi-tribe.ph. Subscriber undertakes to keep himself informed of any changes to the Policy by visiting said site periodically.
ii) Subscribers who breach the Fair Usage Policy may experience a reduction in the upload and download speed and/or suspension or termination of the Service, even without notice to the Subscriber.
iii) If Subscriber subscribes to a Subscription Plan that does not impose limits on the amount of data that may be downloaded or uploaded during a month, such “unlimited” plans are nevertheless subject to the Fair Usage Policy. The term “unlimited” means that wi-tribe will not place a limit on how much data Subscriber uploads or downloads during a month or other particular period. It does not mean, however, that wi-tribe will not take steps to reduce Subscriber’s data rates during periods of congestion or take other actions described in the Fair Usage Policy when Subscriber’s usage is negatively impacting other subscribers.
a) wi-tribe may use Subscriber’s contact information to send him news or promotional information that wi-tribe believes may be of interest to Subscriber. wi-tribe also collects statistical information about its subscriber to gather broad demographic information about them.
b) wi-tribe may share Subscriber information with certain third-party service providers, which wi-tribe uses to fulfill or hasten Subscriber’s request.
c) wi-tribe reserves the right to disclose Subscriber’s personally-identifiable information as required by law, and when wi-tribe believes that disclosure is necessary to protect its rights or to comply with a court order or legal process.
6. REPRESENTATION AND WARRANTIES
a) wi-tribe does not represent that it has coverage throughout the Philippines and in international territories.
b) While wi-tribe shall endeavor to provide the Service reasonably in accordance with industry standards, wi-tribe does not warrant that the Service shall be uninterrupted or error-free. wi-tribe gives no warranty with respect to the speed and quality of transmission . The Service is on an “AS IS” and “AS AVAILABLE” basis only, and wi-tribe disclaims all warranties, expressed or implied, including any warranties of merchantability or fitness for a particular purpose. Subscriber assumes all the risks associated with accepting the Services.
c) Subscriber represents that he has not represented to any third party that wi-tribe has made any warranty or representation with respect to the Service.
7. EXCLUSIONS AND/OR LIMITATIONS OF LIABILITY
a) wi-tribe shall not be liable to the Subscriber for any CPE loss, damage or defect, for any interruptions or loss of the Service for any cause whatsoever (including but not limited to events of force majeure), and shall not be liable for any loss of business, anticipated savings or other consequent or indirect damage.
b) wi-tribe reserves the right to disconnect the Service at any time should any CPE and/or other Subscriber equipment or paraphernalia be found to cause harmful interference to wi-tribe’s network or to cause degradation in the quality of Service. Subscriber agrees to hold wi-tribe free and harmless from any liability arising from such disconnection.
c) wi-tribe is not responsible for loss of data. Subscriber shall be responsible for backing up his own data files in a location not provided by wi-tribe.
d) In any case, if any willful or grossly negligent act or omission of wi-tribe is proven in court to have damaged Subscriber, wi-tribe’s liability shall be limited to Php5,000.00.
a) Termination by Subscriber — Subscriber may terminate his subscription by giving written notice thereof and by settling all outstanding dues.
b) Termination by wi-tribe — wi-tribe may terminate the Service for non-payment or delay in payment of Subscriber’s accountabilities or any violation of any provision of this Agreement or for such other causes set forth herein.
c) Termination, whether by Subscriber or by wi-tribe during the Minimum Subscription Period, shall make Subscriber liable for the Pre-termination Fee.
d) Upon termination, Subscriber shall immediately return the CPE to wi-tribe. Subscriber’s failure to do so shall entitle wi-tribe to charge the CPE cost to Subscriber.
9. AMENDMENTS TO THESE TERMS AND CONDITIONS
wi-tribe reserves the right to amend or supplement these Terms and Conditions. Said amendments or supplements shall be posted in wi-tribe’s website: www.wi-tribe.ph, and once so posted shall be binding on the Subscriber. Subscriber undertakes to be informed of the latest version of the Terms and Conditions by regularly accessing said website.
10. GOVERNING LAW AND LITIGATION
These Terms and Conditions shall be governed by Philippine laws. Any suit arising from this Agreement shall be exclusively filed in the appropriate court in Makati City, with both parties waiving all other venues. In case of suit, the Subscriber shall, in addition to the amount due and collectible, pay 25% of such amount as damages and 25% for attorney’s fees plus cost of suit.
*CPEs and other devices have brand names of BOOM (transportable CPE), and Bitsy (dongle)
*THE COMPANY: wi-tribe Telecoms, Inc.