GSTECH INTERNET CONNECTIVITY SERVICE TERMS AND CONDITIONS
1. CONTRACT DOCUMENTS
a. The following documents shall, by this reference, form integral parts of the agreement
between GSTECH and the Customer for the provision by GSTECH of the GSTECH Internet
Connectivity Services (the “Service”):
(1) Application with Customer’s written conforme, which contains the commercial terms of
the Contract (“Application Form”); and
(2) This GSTECH NETWORK & DATA SOLUTION Service Terms and Conditions (“Terms and
Conditions”), herein collectively referred to as the “Contract”.
b. In case of any conflict in the interpretation of the provisions of the aforementioned
documents, these Terms and Conditions shall prevail.
2. CUSTOMER RESPONSIBILITIES. The Customer shall have the following responsibilities
for the proper installation, operation and maintenance of the Service:
a. Provide access and clearance to allow duly authorized GSTECH’s personnel to enter and
leave the Customer’s premises at reasonable hours or at such frequency as may be
necessary, and subject to prior notice to the Customer, for the purpose of conducting site
surveys, installation, inspection and maintenance, and/or removal of its equipment and
facilities used in connection with the Service. In the event that the Customer’s premise is
located inside a building, the Customer shall coordinate with the building
administrator/property management office of the building and secure the necessary
permits granting GSTECH egress and ingress to the building twenty-four (24) hours a day,
seven (7) days a week for maintenance, test and repair, and installation activities, subject
to compliance by GSTECH with reasonable building security regulations.
b. Provide the required Uninterrupted Power Source (“UPS”) in each location to ensure the
uninterrupted power supply necessary for the continuous operation of the Service. The
Customer shall provide electric power from a commercial source connected to the standby
generator required for the efficient operation of GSTECH-provided equipment.
c. Provide the interface cables between the GSTECH equipment and the Customer-
provided equipment.
d. Ensure that no connection, disconnection, movement, and/or alteration of any and all
equipment and facilities furnished by GSTECH are conducted by parties other than the duly
authorized GSTECH personnel.
e. Provide a secure, clean and a well-ventilated and air-conditioned room suitable for the
proper and continuous operation of all equipment used in the provision of the Service.
f. Provide due care to all GSTECH-installed equipment installed in its offices (the “Customer
Premises Equipment” or “CPE”). The Customer shall be solely liable for any loss or damage
to such Equipment upon completion of installation thereof by GSTECH.
g. Ensure that it and its representatives shall not assign, transfer, sublease, charge or
otherwise part with the CPE; neither shall the Customer permit any extension of the
Service whether or not said extension may cause damage or interference to the Service,
without prior written consent and approval of GSTECH.
h. Provide its own additional protection to its system against external attacks/hacks. In the
event of such occurrence, it is the Customer’s responsibility to investigate the matter with
the proper assistance of GSTECH.
3. APPLICABLE PRICES AND TAXES
a. Prices quoted are based on initial network design/configuration presented, and may be
subject to change depending on the final network configuration determined during the
actual survey. GSTECH shall inform the Customer of any change in the network
configuration and seek prior approval for any change in price from the original Application
Form as a result of the difference between the network design/configuration presented
and the actual configuration. Should the Customer not approve the change in initial
network design/configuration and price, GSTECH and the Customer shall negotiate to
achieve a mutually acceptable solution.
b. Unless otherwise indicated, the prices quoted in the Application Form are exclusive of
the 12% Value Added Tax (“VAT”).
C . In addition, the price shall be subject to fulfillment by the Customer of the special
conditions (if any are specified in the Application Form) pursuant to which GSTECH offered
such price. Non-fulfillment by the Customer of such special conditions shall entitle GSTECH
to amend the price of the Service.
4. INSTALLATION AND LEAD-TIMES. Installation and activation of the Service shall be
based on the mutually agreed Ready For Service (“RFS”) date as indicated in the
Application Form. The projected installation and activation lead time is determined on the
basis of the location of the Customer’s site (whether the site is within or outside GSTECH’s
franchise area) and whether the provision of the Service in the Customer’s site requires the
construction and installation of additional or new facilities.
5. DELIVERY OF EQUIPMENT; ACCEPTANCE OF THE SERVICE
a. Upon delivery of the CPE to the Customer’s designated site, the Customer shall sign an
Endorsement of Property and Service (“EPS”) form to acknowledge receipt of the CPE.
b. Upon activation of the Service and conclusion of GSTECH’s testing thereof based on
GSTECH’s parameters, the Customer shall cause its duly authorized or designated
representative(s) to sign GSTECH’s Acceptance of Service Form (“ASF”). Upon Signing of
ASF, GSTECH shall assume that the Service is working, deemed accepted and billable.
GSTECH shall therefore take this as commitment on the Customer’s part to pay/settle
necessary billing components/charges for the Service as set forth in the Application Form.
c. GSTECH’s responsibility shall strictly relate to the Service as described in the Application
Form only. GSTECH-installed-equipment/s including the wires shall be the property and
responsibility of the customer and loss, damage, theft and the like shall be on the account
of the customer.
6. PAYMENT TERMS
a. Billing shall commence one (1) day after activation of the Service. Delivery and turn-over
of GSTECH Add-ons & Freebies (if any) shall not hinder the start of the Effective Billing Date
of the Fixed Bundle Service.
b. GSTECH has the option to provide the bill for the Service using any media available such
as, but not limited to, electronic mail, or printed bill sent through courier or mail.
c. Payment must be remitted to GSTECH within the stipulated due date as indicated in the
bill, or through our House-to-House collection scheme as the case maybe allowed by
GSTECH.
7. CONTRACT PERIOD
a. The Contract term shall be based on the signed application form from the date of
activation of the Service (“Contract Term”).
b. If GSTECH does not receive any written termination advice from the Customer sixty (60)
days before the end of Contract Term, the Contract Term shall be deemed automatically
renewed for an indefinite period unless otherwise the Customer notifies GSTECH.
8. CANCELLATION OF ORDER.
IN CASE OF CANCELLATION OF ORDER:
a. After installation but prior to acceptance of the Service, the Customer shall pay 100% of
the total Contract value for the CPE that may be provided by GSTECH PLUS P5,000.00 to
compensate GSTECH for the costs incurred by it in the installation works.
b. After installation and Service has been accepted, the Customer shall pay the standard
Pretermination charges as stated in Section 9.
9. PRE-TERMINATION OF CONTRACT
a. In case of pre-termination of Contract without fault on the part of GSTECH:
(1) The Customer is required to submit a written notice at least sixty (60) calendar days
prior to the date of circuit termination stating the reason/s for such request.
(2) Pre-termination charge equivalent to 100% of the unrealized Monthly Recurring
Charges (MRC) for the unexpired Contract term plus other charges will be imposed.
b. Upgrading/Downgrading of Service within the Contract term
(1) Upgrading and downgrading of services shall be allowed subject to existing fees.
10. DISCONTINUANCE OF SERVICE
a. GSTECH has the option to discontinue the Service because of the Customer’s failure to
pay the fees due within the period provided for in the relevant bill. Subject to prior written
notice to the Customer and provided that the Customer continues to fail to pay the
required amount despite such notice, GSTECH has the option to discontinue the Service for
non-payment of the overdue account, as well as other accounts involving other existing
GSTECH services which, based on GSTECH records, are maintained or owned by, or kept
under the same Customer’s name. Aside from the outstanding charges of the Customer
due to GSTECH, applicable pre-termination charges shall be imposed, subject to Section 9
hereof.
b. The basis for disconnection of Service will be the stipulated due date in the billing
statement.
c. The Service is intended for the Customer’s official business use only and not intended for
national/international resale of voice and/or data. The circuits of the Service will not be
used for any Voice Callback, or any form of Public Switched Telephone Network (“PSTN”)
by-pass operation similar to that of an International Simple Resale (“ISR”) (collectively, the
“Unauthorized Use/s”).
d. GSTECH reserves the unilateral right to immediately terminate/cancel the Service at any
time and without prior notice should GSTECH find any Unauthorized Use or find that the
Service or any of the circuits provided therefor are utilized other than for their specified
purpose and/or in any instance that GSTECH finds that any of its materials, wires,
equipment, and devices, resources and effects are actually being used or have been used
by the Customer but without, however, securing the prior written consent of GSTECH.
Finally, GSTECH reserves the right to collect monetary compensation due to revenue loss
occasioned by such unauthorized use and/or operations or to collect from the Customer
liquidated damages in the total amount of One Million Pesos (Php1,000,000.00), whichever
is higher.
e. In addition to having the Service temporarily/permanently disconnected, the Customer
shall likewise be liable to pay pre-termination charges computed in accordance with
Section 9.a.
11. FORCE MAJEURE
a. GSTECH shall not have any liability whatsoever or be deemed to be in default for any
delay or failure in the performance of its obligations under the Contract resulting from acts
beyond its control, including without limitation, international system cable faults; acts of
God, acts of nature, such as, but not limited to, typhoon, flood, landslide, earthquake,
tsunami, lightning, a natural disaster of overwhelming proportions; acts or regulations of
any governmental or supranational authority; war; national emergency; accident; fire; riot;
strikes, lock-outs, industrial disputes (whether or not involving GSTECH’s employees);
epidemic or pandemic.
b. In the event of disconnection of Service arising from force majeure, GSTECH shall
endeavor to restore the Service as soon as possible, subject to its discretion in the
allocation of available resources. 12. Indemnification The Customer agrees to defend,
indemnify and hold GSTECH, its officers and employees, free and harmless from and
against all liabilities, costs and expenses, including reasonable attorney's fees, related to or
arising from:
(a) any violation of applicable laws, regulations or these Terms and Conditions by the
Customer (or any party using the Customer’s account, with or without the Customer’s
permission, to access the Service);
(b) the abuse of the Service or the placement or transmission of any message, information,
software or other materials using the Service by the Customer (or any party using the
Customer’s account, with or without the Customer’s permission, to access the Service);
(c) negligent acts, errors, or omissions by the Customer’s (or any party using the
Customer’s account, with or without the Customer’s permission, to access the Service).
