Terms and Condition

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.  IT CONSTITUTES A BINDING AGREEMENT (the "Agreement") BETWEEN YOU AND PINOY TAWAG PHONE SERVICE.

1. SERVICE

By subscribing to and using the service, you are agreeing to the Terms and Conditions of Pinoy Tawag Phone Service. By doing this, you also authorize the Company to exchange with its related business entities, contractors or agents who may be involved in providing the Service, any customer information you may have provided to Company that is necessary for these related businesses, contractors, and entities to assist the Company in providing the Service.

2. CUSTOMER'S TELEPHONE UNIT OR HANDSET

Customer must have a Company approved handset or device and must be a Pinoy Tawag Phone Service customer to access the Service. Any change in Service or Equipment may require additional programming or changes to assigned codes or numbers that may require programming fees. Company reserves the right to change or remove assigned codes and/or numbers when such change is reasonably necessary in the conduct of its business. Customer does not have any proprietary interest in such codes or numbers. Although Philippine and International laws may make it illegal for third parties to listen in on service, complete privacy cannot be guaranteed. Company shall not be liable to Customer or to any third party for any eavesdropping on or interception of communications from Company's System.

3. TELEPHONE NUMBER

Any telephone number (the "Number") provided to the Customer shall be on lease and not sold to the Customer. The Customer shall not obtain any rights, title or interest in the Number. The Number is not portable to other service providers. The Customer is not to use the Number with any other device other than the approved Equipment without the express written permission of our company. The COMPANY reserves the right to change, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of the SERVICE, the Customer shall relinquish and discontinue using the phone numbers, voice mail access numbers and/or web portals assigned to the Customer by the Company.

4. RATES, CHARGES, AND PAYMENT

You will be charged for your use of the Service in accordance with the terms of the Pinoy Tawag Phone Rate Plan indicated in the Pinoy Tawag Phone subscription form or when you signed-up at this website. An additional early termination fee may be charged to the customer as described in item 11 if the account is less than the subscribed lock-in period. A reconnection fee will be charged if the customer wishes to reactivate the service after it has been temporarily suspended or cancelled. For temporarily suspended accounts, a DID maintenance fee may be charged during the months when service was temporarily suspended, should Customer wish to keep the same DID upon service reactivation.

5. SUSPENSION AND CANCELLATION OF SERVICE

The Customer shall pay their subscription rate to ensure continued service. The Company has the right to suspend the Service if the Customer fails (i) to reload the account on a month-to-month basis (prepaid) or (ii) to make monthly payments (postpaid) as prescribed shall automatically be suspended after 30 days until a new payment is received and confirmed. The Company has the right to permanently cancel the Service if no reloading or payment has been made after sixty (60) days.

Company may suspend or cancel the Service at any time without notice if: (i) there are reasonable grounds to suspect the information provided by Customer to Pinoy Tawag Phone or its agent for user registration or when you activated your Service, was incomplete or incorrect or if there has been fraud or misuse by you in relation to the Service; (ii) You breach any of the terms or conditions in this Agreement; or (iii) You do anything which in the Company's opinion may cause damage to the System. In addition, Service may be suspended, changed or terminated without notice.

6. FAIR USAGE POLICY

The Service is subject to a fair usage limit of 5,000 minutes per Customer per month. Also, no more than 3 different numbers per Customer can call the DID.

Once these limits are exceeded, the Company may suspend or cancel the Service at any time without notice. Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, computer or any other means). The Company reserves the right to change this fair usage policy at any time. Changes shall become effective within thirty (30) days of publication of the revised version on www.pinoytawagunlimited.com. Your continued use of your subscription after expiry of the 30-day period shall constitute your acceptance to be bound by the terms and conditions of the revised fair usage policy.

7. VIRTUAL FOREIGN NUMBER

The Company will make an effort to issue a foreign DID to the Customer that is within the Customer's phone number rate center, in order not to incur toll charges when using the Service. In such cases that the Company can not issue a foreign number that is within the rate center and may incur toll charges, the Company will not be liable for all charges that may incur when using the Service.

8. USE OF SERVICE

Customer agrees to comply with all statutes, rules and regulations applicable to Customer, including all applicable rules of the National Telecommunications Commission and Federal Communications Commission (FCC). Customer will not use the Service for any unlawful purpose. Customer will not use the Service in aircraft or in motor vehicles in violation of law, regulation or ordinance. Customer acknowledges and agrees that all future purchases of Company Services and Equipment by customer shall be governed by the terms and conditions contained herein unless Customer and Company enter into a subsequent Service/Subscriber Agreement. Company may change this Agreement at any time. Any changes are effective when Company provides Customer with notice stating the effective date of the change(s). If Customer elects to use the services or make any payment to Company on or after the effective date of the changes, Customer is deemed to have accepted the change(s). If Customer does not accept the changes, Customer may terminate Services as of the effective date of the changes.

The SERVICE is provided to CUSTOMER as an individual user, for your personal, residential, non-business and non-professional use. This means that CUSTOMERS are not to use it for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing, autodialing, continuous or extensive call forwarding, or any other activity that would be inconsistent with normal individual usage patterns. This also means that CUSTOMER is not to resell or transfer the SERVICE to any other person for any purpose, or make any charge for the use of the SERVICE, without express written permission from our Company.

9. DEFAULT / TERMINATION

PIf you breach any representation to Company or fail to perform any of the promises you made in this Agreement, you will be in default and Company may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies available to us. You agree to pay all costs including reasonable attorney's fees, collection fees, and court costs Company may incur in enforcing this Agreement through any appeals.

10. LOSS OR THEFT: INSURANCE

Upon Customer's acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole or part, shall impair the obligations of Customer hereunder, including, without limitation, responsibility for the payment of Service Charges due hereunder.

11. LIMITATION AND CONDITION OF LIABILITY; INDEMNITY

Company does not assume and shall have no liability for: (i) Failure to deliver the Equipment within a specified time period; (ii) Unavailability or delays in delivery of the Equipment or the Services; (iii) damage due directly or indirectly to causes beyond the control of Company, including, but not limited to acts of God, acts of the public enemy, acts of the government, acts or failure to act of the Customer, its agents, employees or subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, commotion, war, unusually severe weather conditions or default of Company's subcontractors whether or not due to any such causes; except as otherwise set forth in the preceding sentence, in no event will the company be liable for actual, consequential, incidental, special or other indirect damages arising out of the services, whether caused by its negligence or otherwise, nor for economic loss, personal injuries or property damages sustained by the customer or any third parties arising out of the services. Under no circumstances will the company, in conjunction with which the company provides the services, be liable to customer for any damages, of any kind whatsoever, regardless of the form of action or cause of action, arising out of the services. Customer irrevocably waives any claim you might otherwise have against the company arising out of the services and covenants not to make or bring any claim of any kind against the company arising out of the services. Customer agrees to indemnify, defend, and hold the Company harmless from any Customer violations of NTC rules and regulations or Customer violation of any statutes, ordinances or laws of any local, provincial , or national public authority.

12. RESOLUTION OF DISPUTES

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination or expiration of this agreement.

A. ARBITRATION PROCEDURES
You must first present any claim or dispute to us by contacting Pinoy Tawag Phone customer care, in writing, to allow us the opportunity to resolve the dispute. You may invoke arbitration if your claim or dispute is not resolved within 60 days after we receive your detailed written description of the dispute or claim and the circumstances giving rise to it.

B. COST OF ARBITRATION
All administrative fees and expenses of Arbitration will be divided equally between you and Company. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

C. WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTION By this Agreement, both Customer and Company are waiving certain rights to litigate disputes in court. If for any reason the arbitration clause is deemed inapplicable or invalid, Customer and Company both waive, to the fullest extent allowed by law, any right we might otherwise have to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

13. COMPLETE AGREEMENT/SEVERABILITY/WAIVER

This Agreement sets forth all of the agreements between the parties concerning the Services and purchase of the Equipment, and there are no oral or written agreements between them other than as set forth in this Agreement. No amendment or addition to this Agreement shall be binding upon this Company unless it is in writing. Should any provision of this Agreement be found illegal or in contravention of the law, such provision shall be considered null and void but the remainder of this Agreement shall not be affected thereby. The failure of Company, at any time to require the performance by Customer of the provisions of this Agreement shall not affect in any way the right to require such performances at any later time, nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of compliance with or breach of any other provision or a continuing waiver of such provision.

14. ASSIGNMENT/RESALE/GOVERNING LAW

This Agreement may be freely assigned by Company to any successor of it or any other firm or entity capable of performing its obligations hereunder, and upon any such assignment, Company shall be released from all obligations to Customer. Customer may not assign this Agreement, or resell the services that are subject to this Agreement without prior written consent of Company. Subject to the restrictions contained herein, this Agreement shall bind and inure to the benefit of the successors and permitted assigns of the parties hereto. The laws of Republic of the Philippines, without application of its conflicts of laws principles, shall govern this Agreement.

15. WARRANTY (SERVICE)

The company provides a thirty (30) day limited warranty period to the equipment purchased by the customer for factory defect or damages to be exchanged in business centers of the Company, by presenting the actual equipment.

16. LIMITED LIABILITY

In no event shall the company be liable for incidental, consequential or other indirect damages to the full extent the same may be disclaimed by law. Customer acknowledges that service interruptions will occur from time to time, and agrees to hold the company harmless for all such interruptions. Customer hereby waives, as against the company all other warranties, guarantees, conditions, or liabilities, express or implied, arising by law or otherwise not included in this agreement. In no event shall the company be liable for consequential, special, or incidental damages, whether or not occasioned by their negligence and including, without limitation, liability for any loss or damage resulting from the interruption or failure in the operation of any equipment sold or otherwise provided hereunder. There are no warranties that extend beyond the description contained herein. Customer assumes the entire risk as to the quality and performance of the equipment. Unless otherwise agreed by company, if the equipment proves defective, the costs of all necessary servicing and repair will be borne by customer.