Nexusnet Limited, Inc. hereinafter referred to as “Provider” and the cable television service is considered a value added services offer thru Nexusnet cable TV after agree bundle their services for the benefit of their common clients towards providing quality cable broadband/fiber broadband internet and cable television or CATV (hereinafter referred to as the “the ….” Heretofore agree to jointly execute this agreement with their customers/subscribers, the terms and conditions of which shall be as follows, to wit: Conditions for the Provision Services.
- Provider shall cause the installation and connection of the customer’s cable television implements, cable modem or Optical Network Unit (UNO) and/or peripherals as soon as practically reasonable after the approval, receipt of payment of all fees and deposit for the service.
- Provider shall provide the Customer with the necessary equipment and peripherals for Service access (hereinafter referred to as Provider equipment and peripherals) as stated in the delivery and acknowledgement receipt issued to the Customer.
- The rights and privileges extended to Subscriber in relation to the subscription including the equipment’s, implements, and its peripherals are purely personal to the Subscriber and shall not be transferred to any individual or entity or to any other location, without obtaining the prior written consent, approval and clearance from Provider. Any such transfer of rights and/or location without the prior written consent of Provider shall be void regardless of receipt by Provider of the Monthly Services Fee and other charges from the supposed transferee.
- Provider shall not be responsible for failure or omission of its Service due to any cause beyond its control not due to its willful and intentional fault or negligence and which cannot be overcome by the exercise of due diligence including but not limited to labor disturbance, human or equipment breakdown, acts of God, or force majeure, whether or not the cause be of the same class or kind as those herein. Subscriber agrees that in such case, the operation of this Agreement and delivery and rendering of Service, so far as necessary, may be suspended or terminated as the case may be, even without notice, without liability for loss and damage suffered by Subscriber, unless such loss or damage suffered by Subscriber, unless such loss or damage is caused by the willful or grossly negligent act or omission of Provider’s employees or agent which liability shall not exceed the amount of the monthly lease subscription of the subscriber as may be proven in a court of law.
- subscriber holds Provider free from any responsibility for any loss or damage resulting from the failure of Service caused by a malfunction of the equipment’s, implements or it’s peripherals for any reason damages, including but not limited to damages resulting from loss of actual or anticipated revenues or profits, or loss of business data or good will.
- This Agreement shall take effect from start of service and acceptance by customer which shall be effective for twenty-four (24) months from the Service Commencement Date and shall be automatically renewed for one-year periods unless terminated by either or both parties in accordance with Section18 hereof in case of renewal. Provider may amend, change or modify the applicable rates.
- Service Commencement Date. The Service Commencement date for each Service provided shall be set for the day Service is activated.
- Additional Installation Charge. In certain instances, the Subscriber shall pay for additional charges to cover material and labor for non-standard installations, depending on the length of the co-axial cable/fiber optic cable (i.e. for co-ax longer than 100-ft/for fiber optic cable longer than 300-meter).
- Relocation. If Subscriber will transfer Residence, he will be charged the relocation fee prevailing at the time of relocation. If relocation is not within service coverage, subscriber must pay full pre-termination fee. Application for transfer/relocation will only be allowed if the new address is within the Provider’s service coverage.
- Changes in Service. Provider reserves the right to make changes in the Service for technical and other reason, with due notice to the Subscriber and Subscriber agrees to pay all charges for changes in Services feature including but not limited to reconnection. Change of service package and change of service package and change of ownership. Downgrade of plan/package (decrease in monthly subscription fee) is allowed if account is within the lock-in period with a corresponding downgrade fee. All fees are subject to change even without prior notice to the subscriber.
- Payment Terms – Due Date. Provider shall bill Subscriber the Monthly Service Fee and other charges, which must be paid in full by the Subscriber on or before the Due Date indicated in the Statement of Account as sent to the subscriber’s given address. Statement of account will be sent through email or through the mail feature of the Cable Box. Should Subscriber fail to receive the Statement of the Account for whatever reason, he agrees to call and inform Provider’s Customer Service Hotline or access the electronic file or site which may be provided by Provider for this purpose from time, otherwise it shall be conclusively presumed that Subscriber has received the Statement of Account. Subscriber acknowledges that Provider has advised him that Provider may suspend Services in case of Subscriber’s failure to pay any bill on or before specified Due Date. Provider shall bill the Subscriber at monthly interval but reserves the right to alter the date billing or interval of billing.
- Billing Disputes. If Subscriber in good faith disputes any portion of the Provider’s Statement of Account. Subscriber shall submit to Provider, within fifteen (15) days from Statement of Account date, full payment of the undisputed portion of the Statement of Account and written documentation identifying and substantiating the dispute amount. If Subscriber does not report a dispute within the said fifteen (15) days period Subscriber shall irrevocably waive his dispute rights for that Statement of Account and the billing shall be deemed to be correct and final. Any disputed amount resolved in favor of Subscriber shall be credited to Subscriber’s account in the next Statement of Account. Any dispute amount determined to be payable to Provider shall be due within seven (7) days of the resolution of the dispute. If Subscriber withholds the dispute amount thereafter or within the time required fails to provide supporting information in writing that sets out a legitimate basis under this Agreement for disputing any charges. Subscriber’s account shall be deemed to be past due and unpaid. In such event, Provider shall be entitled to pursue any and legal remedies provided in this Agreement including suspension or disconnection of Service.
- Penalties. Provider shall charge late payment penalty equivalent to five percent (5%) per month for all accounts not paid by the Due Date.
- Repair and Maintenance. Subscriber shall be entitled to free spare parts and service for non-performance of the cable television implements, cable modem or Optical Network Unit (ONU) and/or Peripherals due to factory defects for the term of this Agreement. However, the cost of repair and maintenance of cable television implements, cable modem and/or Peripherals as a result of damage due to the act or negligence of Subscriber or due to force majeure shall be for the account of Subscriber.
- Loss or Damage. The Subscriber shall be liable should any equipment, implements, and/or Peripherals be damaged or lost due to the Subscriber’s act or omissions, and Subscriber shall be charged for the replacement value of the same.
- Suspension/Disconnection Services
16.1 The Subscriber may apply for a Temporary Disconnection of Services if the account is outside the lock-in-period. Allowable period for Temporary Disconnection of Services is between thirty (3) and ninety (90) days only. Only one (1) transaction for TD per year is allowed.
16.2 Default. Subscriber agrees that in the event of failure to pay the Monthly Service Fee and other charges by the Due Date, subscription account shall no longer be deemed current and in the option of Provider the Service may be suspended, or discontinued without the need for judicial declaration, and the provisions on the termination shall apply.
16.3 Disconnection. Subscriber agrees that Provider may without prior notice, disconnect the Service of any Subscriber whose bill remain unpaid after the specified Due Date. Subscriber also agrees that Provider may temporary suspend the Services in any of this Agreement:
16.3.1 Violation by Subscriber at the terms and conditions of this Agreement
16.3.2 Misrepresentation or false statements by Subscriber in the application for Services.
16.3.3 Illegal connection or use of unauthorized equipment or accessories.
16.3.4 Suspicious fraudulent misuse or abuse of Services equipment, implement and/or Peripherals.
16.3.5 Unauthorized transfer of Service
16.3.6 Failure to notify Provider of change in taking address.
16.3.7 Other analogous cause.
Whenever the disconnection leads to eventual termination the effects of such termination shall reflect to the date of disconnection for the purpose of computing pre-termination charges. Disconnection shall become permanent upon failure of Subscriber to correct or rectify the ground for discontinuance of Services within thirty (30) days from suspension of Service. Disconnection of Service shall not be constructed as a waiver of the outstanding tariff, charges, penalties and surcharges accruing on overdue bills. Subscriber agrees to hold Provider free and harmless from any liability and waives any action against the letter which may arise as a result of such suspension or disconnection of Services.
- Reconnection. In the event of suspension or disconnection, Provider may at the option restore Services and/or rectify the cause of suspension upon payment of all outstanding obligation by Subscriber.
- Termination of Service
10.1 Subscriber may terminate his subscription in writing by giving one (1) month prior notice for cancellation and by fully setting all his outstanding obligation with Provider if termination is made during the first twenty-four (24) months period from the Service Commencement Date. Subscriber shall pay a fee in the amount of the full Monthly Service fee multiplied by the number of the Months balance of the unexpired twenty-four (24) months period or as may be specified at the role direction of Provider.
10.2 may terminate the service or this Agreement for non-payment or delay in payment of Subscriber’s accountabilities or violation by Subscriber of any provision of this Agreement or for such other causes set forth in this Agreement. If termination is made during first twenty-four (24) months period from Service Commencement Date, subscriber shall pay a pre-termination fee in the amount of the full Monthly Service fee multiplied by the number of the month’s balance of the unexpired twenty-four (24) months or as may be specified at the sole discretion of Provider.
- Subscriber possesses the equipment, implements and/or Peripherals in trust for and on behalf of Provider in the event that the Subscription is terminated for whatsoever reason, or if Provider disconnects the Service or terminates use of equipment’s, implements and/or Peripherals in trust for and/or Peripherals in trust for and on behalf of Provider in the event that the Subscription is terminated for whatsoever reason, or if Provider disconnects Subscriber hereby authorizes Provider, it agents or representatives to enter the Subscriber’s permission where the equipment, implements and/or Peripherals are installed, and allow Provider to pull out or remove such equipment’s, implements and/or Peripherals.
- Upon termination of the Service, for any reason whatsoever, Provider shall have the right to pull-out the equipment’s, implements and/or Peripherals.
- Indemnification and Use of Services
21.1 Subscriber shall indemnify and hold harmless Provider, its affiliated partners, directors, employees, shareholders, agents and representatives from and against all claims, causes of actions judgements, damages, expenses and liabilities arising from or in connection with (a) the use of the Services by Subscriber other than as permitted by this Agreement, and/or the content of material that Subscriber transmits through use of the Services including, but not limited to claims for defamation invasion of privacy, disparagement and/or alleged violation of trademark or copyright.
21.2 Subscriber acknowledges that the Services is provided on as “as is” Provider, ITS EMPLOYEES, AGENTS, SUPPLIERS, VENDORS AND DISTRIBUTORS MAKE NO WARRANT OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY ACCURACY OR VALIDITY OF THE DATA/OR INFORMATION AVAILABLE ON ITS SYSTEM, OR RESIDING ON OR PASSING TROUGH ITS INTERCONNECTING NETWORKS, OR THAT THE PROVIDER SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, PROVIDER EXPRESSLY EXCLUDES ANY IMPLIED WARRANTY OR MECHANTABILITY OR FITNESS OFR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PROSSIBLE BY LAW.
- In case of litigation arising out of this Agreement, all suits shall be inclusively filled with the proper court of Angles City only. Subscriber hereby expressly wives all claims to any other various Subscriber shall, in addition to the amount due and collectible, pay twenty-five (25%) of such amount as attorney’s fees and an equivalent amount for cost of suit.
23.1 This Agreement together with all attachments incorporated herby specifically by reference, represents the entire understanding of the Parties with respect to the subject matter hereof and all other agreements, whether written or oral between the Parties relating to the Services shall be superseded by this Agreement. In entering into this Agreement neither Party is relying upon any representation of warranties that are not set forth I this Agreement.
23.2 Provider reserves the right to transfer or assign its rights and obligations under this Agreement whether in parts or in whole to any third party Nexusnet Limited is hereby recognizes as lead party on the part of the Provider, and thus all correspondence and service requirement should be coursed to it.
23.3 Provider reserves the right at its absolute discretion to modify, delete or add to any of the terms and conditions of this Agreement by giving notice in writing to the Subscriber.
23.4 Separability Clause. The Parties also agree that should any provision in this Agreement be declared void, invalid or ineffective for any reason whatsoever the validity of the remaining provision shall not be affected and shall continue to be binding.
23.5 No waiver by Provider of any breach shall operate as a waiver of any other or subsequent breach. Provider shall not be prejudiced or restricted by any concessions, …… or …. Extended to the Subscriber.