SUBSCRIBER SERVICE AGREEMENT
1. THE AGREEMENT. This Subscriber Service Agreement (hereinafter referred to as the “Agreement”), together with any applicable terms and conditions, sets forth the provisions under which RBC CABLE MASTER SYSTEM (the “Service Provider”) will provide its services to an approved and activated subscriber (the “Subscriber”). This Agreement defines the rights and obligations of both parties and shall take effect immediately upon activation of the service, subject to the terms stated herein and on the reverse side hereof, including any value-added features that may be introduced by the Service Provider from time to time. A “Plan” refers to the specific cable or internet service package selected by the Subscriber from the range of services offered by the Service Provider. The Minimum Period of Subscription shall be twenty four (24) months from the date of service activation. RBC CABLE BROADBAND refers to the Broadband Internet service provided by the Service Provider. Internet Content means any and all information, software, shareware and other data, presented through various forms of media, that may be accessed or obtained via the services provided under this Agreement.
2. COMMENCEMENT OF SERVICE. The Service shall commence on the date the Service Provider successfully activates the service.
3. FEES. The subscription fees for the Service shall be based on the applicable rates indicated in duly accomplished Application Form, or such updated rates as may be prescribed by the Service Provider from time to time. An activation fee, determined by the selected Plan, shall be charged for the activation of the Service on any equipment provided or used at the Subscriber’s Service Address. A one (1) month equipment Security Deposit shall be collected. All fees and charges under this Agreement, including any amounts that may be collected by the Service Provider, are subject to adjustments as may be warranted by prevailing circumstances. Any such fee adjustments shall take effect upon publication through official channels, including but not limited to the Service Provider’s website, billing statements, or other reasonable means of notice. The availment of any promotional offer or special pricing privilege by a new Subscriber shall automatically bind the Subscriber to TWO (2) YEARS CONTRACT with the Service Provider.
4. LOCK-IN PERIOD. The Subscriber agrees to maintain the service for a minimum period of twenty four (24) months from the date of activation. Early termination by the Subscriber within this period is prohibited. Should the Subscriber terminate the Service prior to the end of the lock-in period, the Subscriber shall pay the Service Provider a pre-termination fee equivalent to Five Thousand Pesos (PHP 5,000.00) or the total subscription fees for the remaining months of the lock-in period, plus the full value of any discounts availed under promotional offers, whichever amount is higher. This obligation is without prejudice to any other rights or remedies available to the Service Provider under this Agreement or applicable laws.
5. PAYMENT. All subscription fees and other applicable charges shall be payable in advance, on or before the due date stated in the billing statement issued by the Service Provider. Payments may be made through GCash, any Payment Channel introduced by the Service Provider, any authorized representative of RBC Cable or directly at the Service Provider’s office (in cash, by check, or via bank payment). The Equipment Security Deposit shall be non-refundable and non-transferable under any circumstances. Failure to submit payment by the due date may result in the suspension or termination of services, without the prejudice to the Service Provider’s right to collect all outstanding obligations. Non-payment shall not relieve the Subscriber of liability for the full amount due. All charges shall continue to accrue in full, without deduction, notwithstanding any temporary service interruption. Due to the inherent nature of Internet services, the Service Provider does not guarantee continuous availability or specific connection speeds. Nevertheless, the Service Provider shall exercise reasonable diligence to provide reliable and high-quality internet service at the Subscriber’s premises.
6. THE SERVICE PROVIDER’S RIGHTS. The Service Provider shall have the exclusive right to manage and control access to its network, computer systems, and information within the internet system, in such manner as it may deem appropriate, and in accordance with its operational requirements and policies. All fees and charges imposed by the Service Provider shall be subject to adjustment, as may be warranted by prevailing circumstances, without prior notice to the Subscriber. The Service Provider reserves the right to suspend or terminate this Agreement at any time in the event of the Subscriber’s breach or failure to comply with any of the terms and conditions herein. In such case, the Service Provider shall be entitled to collect all applicable legal fees, and reconnection fees, and other expenses incurred in the enforcement of its rights, including but not limited to collection agency fees, attorney’s fees and cost of suit. For purposes of inspection, evaluation, repair, maintenance or recovery of equipment, the Subscriber hereby grants the Service Provider, including its officers, linemen, agents, and contractors, the right of access to the premises both within and outside where the modem, cable or related equipment is installed or located.
7. SUBSCRIBER’S OBLIGATIONS. The Subscriber shall be solely responsible for the proper configuration and set-up of his own equipment and/or computer systems necessary for the use of the service. The Subscriber agrees to comply with all instructions, advisories, and notices issued by the Service Provider in relation to the use and operation of the Service. Where applicable, the Subscriber shall bear full responsibility at his own cost and expense, for securing all necessary licenses, permits, consents, approvals and intellectual property or other rights required for the lawful use of the Service. The Subscriber shall, at all times, strictly observe and adhere to all rules, regulations, policies, and official issuances of the Service Provider. The Subscriber is expressly prohibited from sharing, redistributing, reselling, or otherwise making available the Service, whether for compensation or otherwise, to any third party, without the prior written consent of the Service Provider Any unauthorized use or sharing shall constitute a material breach of this Agreement.
8. SUBSCRIBER’S USAGE. The Subscriber shall comply with the current bandwidth, data storage and other usage limitations imposed by RBC CABLE BROADBRAND. Use of the Service must be consistent with the Service Provider’s policies, as well as all applicable laws, rules, and regulations governing the use of the Internet. The Service Provider does not warrant that any files, software, or other data available through the Service or the Internet shall be free from viruses, malware, or other harmful code that manifest contaminating or destructive properties. The Subscriber assumes full responsibility and all associated risks arising from the use of RBC CABLE BROADBRAND and acknowledges that the Service may be subject to interruptions or errors. The Service Provider makes no warranties, express or implied, regarding the continuous or error-free operation of the Service. The Subscriber hereby waives all claims against the Service Provider, including its officers, directors and employees, arising from or in connection with access or use of the Service. The transmission or distribution of content over the Internet which violates national or international laws is strictly prohibited. This includes but is not limited to Materials protected by copyright or intellectual property laws; Content deemed a threat to national security; Materials that infringe upon individual privacy; Content offensive to public morals or sensibilities on religious, political or racial grounds; Obscene, indecent, abusive or menacing material; Trade secrets or propriety information of third parties. The Subscriber further agrees not to use RBC CABLE BROADBRAND for any unlawful or prohibited purpose, including but not limited to introducing viruses, worms, Trojan horses, or other harmful code or programs; Engaging in activities such as spamming, flaming, hacking, or unauthorized access to networks; Posting defamatory, harassing or threatening content; Violating the legal rights of others, including privacy rights; Collecting personal information about individuals without their consent. Any violation of this provision shall constitute a material breach of this Agreement and shall entitle the Service Provider to take appropriate legal and technical measures, including immediate suspension or termination of the Service.
9. CUSTOMER PREMISES EQUIPMENT (CPE). The Service Provider may provide the Subscriber with the following equipment: one (1) Cable Modem or Optical Node Unit (ONU) and one (1) Set-Top-Box. All such equipment, (collectively, the “Customer Premises Equipment” or “CPE”) shall remain the sole property of the Service Provider and shall not be transferred, relocated, or removed from its original installation site without the prior written consent of the Service Provider. The Subscriber shall exercise proper care in the use of the Customer Premises Equipment and shall not make any alterations, modifications, or additions thereto. All Customer Premises Equipment must be returned to Service Provider upon termination of this Agreement or upon demand by the Service Provider. All Customer Premises Equipment provided by the Service Provider is covered by a six (6)-month warranty from the date of activation in accordance with Service Provider’s warranty policies. For any additional television extension, a corresponding fee shall apply. An Equipment Service Charge of One Hundred Pesos (P100.00) per month shall be added to the Subscriber’s monthly subscription fee.
10. REPAIR AND MAINTENANCE. The Subscriber shall be liable for the full replacement cost of any Customer Premises Equipment or CPE that is lost, stolen, damaged (beyond normal wear and tear), destroyed, or not returned upon termination of the Service. Such costs shall be payable immediately upon demand by the Service Provider and shall be without prejudice to any other remedies available under this Agreement or applicable laws. The replacement cost of each type of equipment is as follows: (a) Modem/ONU-Php2,500.00 (b) Set-Top Box-Php1,800.00 (c) Remote Control-Php250.00 and (d) Power Adapter/Cable-Php250.00. The Subscriber shall be entitled to free spare parts and service for Customer Premises Equipment and related peripherals that fail to perform due to factory defects during the term of this Agreement.
11. TERMINATION/SUSPENSION OF SERVICE. The Service Provider reserves the absolute right to suspend or terminate this Agreement without prior notice, in the event of non-payment of all applicable fees and charges, without prejudice to any other remedies available to the Service Provider under this Agreement or under applicable laws. Upon termination of the Agreement, the Subscriber shall permit the Service Provider to retrieve all equipment provided in connection with the subscription. The Service Provider shall not be liable for any loss, damage, or inconvenience the Subscriber may incur as a result of the suspension or termination of service pursuant to this clause. If the Subscriber intends to terminate this Agreement within the minimum subscription period, the Subscriber shall: (a) Notify the Service Provider of such intention at least thirty (30) days prior to the intended date of termination; (b) Pay, in full immediately, the applicable pre-termination charges stated under Item no. 4 (Lock-In Period) of this Agreement, in addition to any termination fees; and (c) Return, in good working condition, all equipment (including the Modem/ONU and Set-Top Box) provided by the Service Provider. Termination of this Agreement shall not release the Subscriber from the obligation to settle any outstanding amounts owed to the Service Provider.
12. NON-TRANSFERABILITY. This Agreement and the Service may not be leased, assigned or otherwise transferred by the Subscriber to any third party without the prior written consent of the Service Provider. Regardless of any approved assignment or transfer, all equipment, cables, and any other accessories shall remain the sole property of the Service Provider. The new subscriber or transferee shall acquire no ownership rights or interests over such equipment but shall only have the right to use them in accordance with the terms and conditions of this Agreement.
13. FORCE MAJEURE. The Service Provider shall not be held liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, typhoons, floods, earthquakes, fire, war, rebellion, civil disturbance, acts of terrorism, pandemics, government restrictions or regulations, power outages, system failures, network interruptions, or any other similar causes. In the event of a force majeure, the Service Provider shall make reasonable efforts to restore services as soon as practicable.
14. DATA PRIVACY. The Service Provider shall collect, process, and store personal information of the Subscriber in accordance with the Data Privacy Act of 2012 (Republic Act No.10173) and its implementing Rules and Regulations. The Subscriber’s personal data shall be used solely for purposes related to the provisioning, maintenance, billing, and improvement of the Service, as well as for compliance with legal and regulatory requirements. The Service Provider shall implement reasonable and appropriate organizational, physical, and technical security measures to protect the Subscriber’s personal data against unauthorized access, use, disclosure, alteration, or destruction. The Subscriber acknowledges and consents that their personal information may be shared with the Service Provider’s authorized personnel, affiliates, partners, and third-party service providers, only to the extent necessary for the delivery of the Service and related business operations.
15. DISCLAIMER. The Service Provider shall not be liable for any damage, loss or delay in business transactions or communications suffered or incurred by the Subscriber arising from the use of the Services. This includes, but is not limited to, loss of profits, incidental or consequential damage, loss of information, or any other indirect loss resulting from: (a) the Subscriber use of, or inability to use, the Services; (b) any interruption, suspension, or termination of the Services; (c) the accuracy, completeness, or quality of any information received, transmitted, or made available through the Services; or (d) the Subscriber’s failure to comply with the applicable laws, rules, and regulations, including but not limited to the terms prescribed by the National Telecommunications Commission or (NTC) for the use of any telecommunications systems, services, or equipment.
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