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This agreement is entered into by and between BATAAN SPACE CABLE NETWORK INC., hereinafter known as BSCNI and the Cable Television/Internet Subscriber whose name and signature appear on this Agreement, hereinafter known as the SUBSCRIBER, for and in consideration of the following terms and conditions:
1.) BSCNI shall utilize all necessary equipment and take all required measures to comply with rules and regulations of the National Telecommunications Commission. BSCNI shall cause the installation and connection of the SUBSCRIBER’s cable television implements, cable modem and/or peripherals as soon practically reasonable. BSCNI shall provide the SUBSCRIBER with the necessary equipment and peripherals for Service access (hereinafter referred to as BSCNI equipment and peripherals) as stated in the delivery and acknowledgement receipt issued to the SUBSCRIBER.
2.) BSCNI shall maintain the service quality to the best of its ability but does not assume responsibility or liability for interruptions or impairment due to circumstances beyond its control. A technician shall be made available to correct any cable/internet problems caused by company equipment. If the problem is determined to be in the SUBSCRIBER’s own equipment then BSCNI shall not be responsible therefore. BSCNI shall have the right and the SUBSCRIBER hereby authorize BSCNI employees to inspect its in-the-home equipment and facilities thru which its cable television/internet signal passes located in the premises of the SUBSCRIBER’s home.
3.) All outlets must be installed by BSCNI. Any unauthorized connections/extensions/transfers of the cable system or any of the cable/internet equipment used to enable the SUBSCRIBER to enjoy the system shall constitute a breach of this Agreement for which the SUBSCRIBER shall be held liable. BSCNI shall not be held liable for any cable/internet system problems that may arise after the unauthorized connection/extension/transfer, even if caused by company equipment.
4.) The cable is for the exclusive enjoyment of the SUBSCRIBER named herein. The SUBSCRIBER shall not copy nor have copies made of any programs appearing on the cable channels of CENTRAL for the purpose of using these in any manner other than the private, non-income generating use thereof. If the SUBSCRIBER is found to have violated this provision, BSCNI shall terminate its cable signal and remove all its equipment from the SUBSCRIBER’s premises. This does not preclude BSCNI from availing of its other legal remedies.
5.) This Agreement shall take effect from the start of service and acceptance by the SUBSCRIBER which shall be effective for twelve (12) months lock-in period from the Service Commencement Date.
6. ) Charges and Billings:
6.1 Fees charged by BSCNI are for cable/internet services only. The in-the-home equipment remains the property of BSCNI and therefore, the SUBSCRIBER is expected to take care of the same. The SUBSCRIBER shall be held liable for any unauthorized modifications, alterations, substitutions and for any tampering with the company’s cable/internet signal and/or equipment. The SUBSCRIBER shall also be liable for any damage to the in-the-home cable/internet equipment and cable television/internet signal transmission equipment which are not the result of normal wear and tear.
6.2 Payment Terms – Due Date. BSCNI 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. Should SUBSCRIBER fail to receive the Statement of Account for whatever reason, he agrees to call and inform BSCNI’s Customer Service office, otherwise, it shall be conclusively presumed that SUBSCRIBER has received the Statement of Account. SUBSCRIBER acknowledges that BSCNI has advised him that BSCNI may suspend Service in case of SUBSCRIBER’s failure to pay any bill on or before the specified Due Date. BSCNI shall bill the SUBSCRIBER at monthly intervals but reserves the right to alter the date of billing or interval of billing. All billings shall be sent in advance. All billing desputes, unless brought to the attention of Customer Service Department within thirty (30) days from billing are deemed waived.
6.3 Requests for any changes in the service such as additional services, deletion or exchange of services as well as other auxiliary optional services are subject to appropriate transaction charges and monthly charges.
6.4 If charges for service are not paid within ten (10) days after the Due Date that appears on the Statement of Account, BSCNI has the right to immediately disconnect the service without need of further notice to the SUBSCRIBER. Service shall be restored only after payment of the reconnection fees and all past due accounts, including charges for all services rendered until actual disconnection.
6.5 BSCNI reserves the right to cancel or deny service to any subscriber with poor credit or paying history for the latter’s failure to pay any fees or for violation of any terms and conditions enumerated herein.
6.6 All rates, fees, charges and deposits under this Agreement are subject to change without prior notice to the SUBSCRIBER.
7.) Disconnection/Termination
7.1 A two (2) week advance written notice addressed to the Customer Service Department is required if the SUBSCRIBER wants to disconnect the cable/internet service temporarily or permanently, partially or completely. This will ensure that the necessary work is completed on time and any and all in-the-home equipment is returned to BSCNI. It is the responsibility of the SUBSCRIBER to be present during this work. Service and monthly charges shall continue until the notice of disconnection has been received by BSCNI. If termination is made during the first twelve (12) month period from the Service Commencement Date, Subscriber shall pay a pre-termination fee in the amount of fifty percent (50%) of the full Monthly Service Fee multiplied by the number of unexpired period, a fraction of a month shall be considered as one (1) month. In addition, the service deposit of the SUBSCRIBER shall be forfeited in favor of BSCNI.
7.2 Any refunds due to the SUBCRIBER, net of applicable service charges, shall be available for pick-up by the SUBSCRIBER from BSCNI offices on the effective date of disconnection.
7.3 THIS AGREEMENT, BATAAN SPACE CABLE NETWORK INC. AND ITS SERVICES ARE NON-TRANSFERABLE. These are for the exclusive enjoyment of the SUBSCRIBER and shall not in any case and in any manner be transferred to any person other than the SUBSCRIBER named herein without a new CABLE TELEVISION/INTERNET AGREEMENT entered into.
8.) SUBSCRIBER acknowledges that the Service is provided on as “as is”. BSCNI, ITS EMPLOYEES, AGENTS, SUPPLIERS, VENDORS AND DISTRIBUTORS MAKE NO WARRANTY 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 THROUGH ITS INTERCONNECTING NETWORKS, OR THAT BSCNI SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PROVIDER EXPRESSLY EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTIBILITY FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT POSSIBLE BY LAW.
9.) The terms and conditions of this Agreement deemed in force and in effect until permanent disconnection. In case an outlet has been permanently disconnected and reconnection is later requested, the reconnection shall be covered by a new Agreement.
Should any claim and /or dispute arises in the execution and enforcement of the terms and conditions of this Agreement, the same may be settled within the jurisdiction of the proper Balanga Court.
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