GLERCIMOR NETWORK AND DATA SOLUTION, hereafter referred to as GRM, and I do hereby agree to enter into this subscription agreement for Internet Services as to be provided by Glercimor Network and Data Solution 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 maybe provided from time to time under this contract by Glercimor Network and Data Solution.
- “Subscriber” refers to any individual or legal entity who has requested internet services from Glercimor Network and Data Solution and agrees to the terms and conditions of this contract.
- “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
Glercimor Network and Data Solution shall provide the SUBSCRIBER with the following services,
- Telephone dial-up connectivity to the global internet from the SUBSCRIBERS’ site via Glercimor Network and Data Solution and using TCP/IP as connectivity protocol.
- Limited installation support and other services necessary for the commencement of the SUBSCRIBERS’ Internet connectivity via Glercimor Network and Data Solution.
ITEM 3. DEPOSIT
The SUBSCRIBER may be required to make a deposit of (amount equivalent to 1 month subscription) exclusive of VAT with Glercimor Network and Data Solution upon subscription and commencement of this contract in addition to the applicable fees and charges. Such deposit shall be returned by Glercimor Network and Data Solution without interest to the SUBSCRIBER within (30) days from the date of termination of this contract and after all deducting all outstanding applicable fees and charges of the SUBSCRIBER. Exhaustion of the deposit because of such deduction shall not ban Glercimor Network and Data Solution from obtaining from the SUBSCRIBER payment in full of the unpaid fees and charges.
1. Forfeiture of Service Deposit Fee will be charged in the event of termination request made within the first month of subscription plus the applicable monthly fees and additional charges as it may incur in its usage of Internet Services for the month.
ITEM 4. PAYMENT
The SUBSCRIBER shall pay Glercimor Network and Data Solution as consideration for the Internet Services provided through the Internet Services such applicable fees and charges as may be provided for in the subscription form under the following terms:
- Glercimor Network and Data Solution will provide the SUBSCRIBER with a monthly Statement of Account (SOA) for Internet Services provided. 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 Internet Services for a particular month within TEN (10) DAYS after the date of ISSUANCE of the said Statement for payment issued by the Glercimor Network and Data Solution.
- All payments due to Glercimor Network and Data Solution from the SUBSCRIBER must be made in full.
ITEM 5. SUSPENSION OF SERVICES
Glercimor Network and Data Solution may, without notice to the SUBSCRIBER, suspend the access of the latter to the Internet Services on any of the following grounds:
- Non-payment of applicable fees and charges within the TEN (10) day period provided in ITEM 4. 2 above. The suspension shall continue until payment full has been made.
- In cases breach by the SUBSCRIPTION of any provision of this Contract, the suspension shall continue until the breach has been remedied to the satisfaction of Glercimor Network and Data Solution.
- In case such suspension of services is made necessary because of technical difficulties arising due to cause beyond control of Glercimor Network and Data Solution, the latter shall endeavor to resolve such difficulties and reconnect the SUBSCRIBER to Internet Services within the shortest time possible.
- In situation where the equipment, software or online activities of the SUBSCRIBER is interfering with the other services of Glercimor Network and Data Solution, the suspension shall continue until the interference has been remedied to the satisfaction of Glercimor’s Network and Data Solutions.
ITEM 6. SUBSCRIBER USAGE
The SUBSCRIBER may use all Internet Services made available under this contract through.
Internet Services 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 Glercimor Network and Data Solution, its directors, employees, and agents, and to hold Glercimor Network and Data Solution free from any claim resulting from the use by the SUBSCRIBER of any of the Internet services which damages the SUBSCRIBER or any other party in any aspect.
ITEM 7. DATA TRANSFER
Glercimor Network and Data Solution exercises no control whatsoever over the content of the information of data transmitted through Internet Services. Glercimor Network and Data Solution may not regulate the flow of data or information through its Internet Services to and from the SUBSCRIBER except as otherwise provided in this contract.
ITEM 8. DISCLAIMER
The SUBSCRIBER agrees that it shall not hold Glercimor Network and Data Solution liable for any damage SUBSCRIBERS may suffer or have suffered due to the use of Internet Services. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, mis deliveries, service interruptions or SUBSCRIBERS’ own error or omissions in using the services provided, or direct, indirect, special ,incidental, or consequential damages of any kind, even if Glercimor Network and Data Solution has been advised of the possibility of such damages and notwithstanding any failure of essential purposes of any limited remedy.
ITEM 9. TRANSFERABILITY
Unless otherwise agreed upon by the parties, the SUBSCRIBERS’ right to use the Internet Services of Glercimor Network and Data Solution shall be personal and non-transferable and is subject to the limits and restrictions provided in this contract. Any alteration to the use of the internet services facilitated by Glercimor Network and Data Solution, shall be subject to its approval.
ITEM 10. SUBSCRIBER FACILITIES
Glercimor’s Network and Data Solutions shall be responsible for and must provide MODEM and other equipment necessary to access Internet Services as may be specified by Glercimor Network and Data Solution. The SUBSCRIBER must comply with Glercimor Network and Data Solution requirements as regards access to equipment and/ or mode of access to and/or use of Internet Services. By signing below, the SUBSCRIBER certifies that the foregoing information is true and correct.
ITEM 11. ENFORCEABILITY OF THE CONTRACT
Any provision of this Agreement which is illegal or unenforceable shall be ineffective to the extent of such illegality or unenforceability but that shall not invalidate the remaining provisions of this Agreement. In the event of such illegality or unenforceability, this Agreement shall be construed, if possible, by means of valid provisions in a manner to give full effect to the intent of the parties to the particular provision or provisions which have become invalid, illegal, or unenforceable and, in any event, all other terms shall remain in full force and effect.
ITEM 12. DATA PRIVACY
GRM represents and warrants that its collection, access, use, storage, disposal, and disclosure of any personal information in relation to the transaction contemplated under this Agreement shall always comply with the Data Privacy Act of 2012 and all other applicable data privacy and data protection laws and regulations.
ITEM 13. DISPUTES
In the event of any dispute arising from or in connection with this Agreement, the parties shall initially attempt to settle such dispute amicably and in good faith. If the parties fail to reach an amicable settlement, the parties agree that all suits arising from or in connection with this Agreement shall be filed in the appropriate court of the City of San Jose Del Monte, Bulacan to the exclusion of all other courts.
This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of the Philippines.
ACKNOWLEDGMENT
I certify that I have read this, understood and I agree to be bound by the terms and conditions governing the use of Internet Services as stated in the service agreement above and I am bound to these and future amendments thereto.
