This is an agreement between the undersigned (Subscriber) and BUENAVISTA CABLE TV INC. (BCATVi), operating under the brand PANAY BROADBAND. Signature on this agreement (including electronic signature per Clause 22) or use of the Service indicates that the Subscriber accepts these terms.
1. Compliance with Policies.
The Subscriber shall abide by all the terms of all BCATVi policies.
2. Contract Duration and Pre-Termination.
The duration of this Contract shall be between twelve (12) to twenty-four (24) months, as indicated in the Service Order or online application duly signed by the Subscriber, which forms an integral part of this Contract. In case the Subscriber terminates or is unable to complete the contract term, a pre-termination charge equivalent to the total monthly fees for all remaining months of the unexpired contract term shall be charged, along with any unpaid charges on the last bill. This Contract shall be automatically extended for the same period unless the Subscriber submits a written request for termination prior to the contract end date.
3. Suspension and Termination by BCATVi.
BCATVi may terminate or suspend the Subscriber's connection: (1) due to non-payment for services; (2) if BCATVi determines that the Subscriber fails to comply with the terms of this Agreement; or (3) if the Subscriber is found to have given false information upon applying for the Service.
4. Payment on Application; Zero Installation Fee; Other Charges.
The first month's recurring rate (1st MRR) is collected upon application or installation of the Service. Installation is at ZERO FEE to the Subscriber: no separate installation charge is collected, the installation cost being bundled in the plan. The Subscriber remains subject to other charges including, but not limited to, reactivation fees and transfer to another address, based on the Subscriber's request.
5. Service Disclaimer; Use at Sole Risk.
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. Neither BCATVi nor any licensor, employees, or agents warrant that the Service will be uninterrupted or error-free. The Service is provided on an "AS IS" basis without express or implied warranties of any kind. BCATVi shall not be responsible for loss of any software, hardware, or data. It is the Subscriber's responsibility to back up all data and software prior to installation.
6. Installation Route and Premises.
The Subscriber shall provide the designated cable entrance for the installation. BCATVi shall install the Service via the simplest route possible. BCATVi shall not be responsible to fix, renovate, or beautify existing wirings, nor are its personnel allowed to climb ceilings or drill holes on walls.
7. Limitation of Liability.
BCATVi shall not be liable for any damages arising from any event out of its control, nor for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including but not limited to lost profits or loss of data or information of any kind, however caused, arising out of or in connection with the performance of BCATVi or the provision of services hereunder.
8. Shared Bandwidth.
The Subscriber expressly acknowledges that the bandwidth provided by BCATVi is a shared service. Any quoted bandwidth or transfer rate is a maximum rate and is not guaranteed continuously. BCATVi reserves the right to manage its networks for maximum efficiency.
9. Permitted Protocols.
BCATVi permits IP traffic only. Other protocols are prohibited without prior arrangement.
10. Lawful Use.
The Subscriber certifies that he or she will not use this Service to conduct any illegal activity, including but not limited to violations of Republic Act No. 8792 (E-Commerce Law).
11. Indemnification.
The Subscriber indemnifies and will hold harmless BCATVi, its successors and assigns, from any and all copyright, trademark, patent, or any other legal liability arising out of the use of this Service.
12. Account Holder-Owned Equipment.
Subscribers may purchase cable modems from BCATVi or from other sources. BCATVi does not guarantee that any modem not purchased from BCATVi will work properly within the BCATVi system.
13. Breach.
Breach of this Agreement by the Subscriber may result in immediate termination of services, in addition to liability for any and all damages, including attorney's fees and costs.
14. Leased Equipment.
A Subscriber in good standing may be issued a cable modem by BCATVi free of charge. During its use, the modem and associated equipment shall not be transferred from the Subscriber's address. Upon termination of the Service, the Subscriber shall return the modem and all associated equipment undamaged to the nearest BCATVi office within three (3) days; failure to do so makes the Subscriber liable for the cost of collection of โฑ2,500.00. If damaged, the modem may be replaced only once free of charge; any subsequent replacement shall be charged โฑ2,500.00 plus cost of installation.
15. Responsibility for Equipment.
The Subscriber assumes full responsibility for the equipment from the time it is installed until it is returned to BCATVi. If the modem is lost, the Subscriber shall be charged the price of the modem plus cost of installation.
16. Access to Premises.
The Subscriber agrees to allow BCATVi or its agents or authorized representatives reasonable access to the premises whenever necessary for inspection, maintenance, or repossession of the equipment.
17. Fair Network Use.
The Subscriber shall use reasonable efforts to minimize unnecessary network traffic and interference with other users. BCATVi reserves the right to terminate the Service if the Subscriber utilizes excessive bandwidth.
18. Access to Objectionable Materials.
The Subscriber is solely responsible for limiting access to objectionable materials on the internet. BCATVi takes no responsibility or liability for unauthorized viewing of such materials by minors or any other person.
19. Governing Law and Venue.
This Contract shall be governed by the applicable provisions of Republic Act No. 8792 (Electronic Commerce Act). Any dispute shall, as far as practicable, be settled in good faith. If not settled amicably, a party may institute the appropriate action only with the proper courts of Guimbal, Iloilo, the Subscriber hereby waiving any other venue.
20. Force Majeure.
BCATVi shall not be liable for any failure or delay in performance due to acts of God, civil or military authorities, war, accidents, fires, explosions, earthquakes, floods, unusually severe weather, epidemics, or any other cause beyond its control.
21. Non-Commercial Use; No Assignment.
The Service is provided to the named Subscriber for private, non-commercial use. The Subscriber shall not assign nor transfer rights or obligations with respect to the Service without the written consent of BCATVi.
22. Electronic Execution.
Where this Agreement is accomplished through BCATVi's online application portal, the Subscriber's electronic signature and ticked acknowledgment shall, in accordance with Republic Act No. 8792, have the same legal force and effect as a handwritten signature, and the accomplished online application shall serve as the Service Order referred to in Clause 2. The Subscriber warrants that all information supplied is true, complete, and accurate.
23. Billing Terms.
All plans are billed on an advance billing basis. The first month's recurring rate is collected upon application or installation per Clause 4, and subsequent payments are due in advance per the assigned billing cycle (Billing Cycle 3, cut-off on the 3rd day of each month). Failure to pay before the cut-off may result in service interruption and reactivation charges under Clause 4.
24. Data Privacy (R.A. 10173).
BCATVi collects the Subscriber's name, address, identification documents, financial information, and electronic signature solely for service application, activation, billing, service delivery, and notifications. Personal data shall not be shared with third parties without the Subscriber's explicit consent, except as required by law. The Subscriber may access and correct personal data, object to processing, request erasure where legally applicable, and lodge a complaint with the National Privacy Commission. Data privacy consent is obtained through a separate, dedicated checkbox on the application form.
25. Complaints.
The Subscriber shall raise any billing or service complaint with BCATVi Customer Service through its published contact channels; unresolved complaints may be escalated in writing to BCATVi management. Nothing in this Agreement prevents the Subscriber from seeking assistance from the National Telecommunications Commission or other competent government agency.
26. Notices.
Notices to the Subscriber may be delivered to the address, mobile number, or email address stated in the application, or through BCATVi's official communication channels. The Subscriber is responsible for keeping contact details updated.
27. Amendments.
BCATVi may amend these Terms, its policies, or its rates, subject to applicable law and regulation. Material amendments shall be communicated through official channels before taking effect. Continued use of the Service after the effectivity date constitutes acceptance.
28. Severability.
If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
29. Entire Agreement; Controlling Text.
This Agreement, together with the accomplished application form or Service Order, the applicable plan or promo description, and the Data Privacy Consent, constitutes the entire agreement between the parties. In case of conflict between this full text and any condensed summary (including the auto-generated confirmation PDF), this full text shall prevail.
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