1. Fees, Rates and Charges. The Subscriber shall fully pay CYBERPEERS the appropriate monthly service fee rate and/or charges (collectively, the “Total Charges”) on or before the due date for the use of the CYBERPEERS Data Services according to the Subscriber’s selected payment / data plan.
  2. Activation of the CYBERPEERS Data Services. Within fifteen (15) working days from submission of the duly accomplished Customer Information Sheet, Subscription Certificate and related forms and completion of the required steps, CYBERPEERS shall proceed to install the subscribed CYBERPEERS Data Services. The Subscriber shall be given a user name and password (collectively, the “Access Code”). The Access Code shall be the Subscriber’s keys in accessing the pertinent CYBERPEERS Data Services. The Subscriber shall be responsible for keeping confidential the Subscriber’s Access Code and hereby hold CYBERPEERS free and harmless from any unauthorized use of the CYBERPEERS Data Services through the Subscriber’s Access Code.
  3. Minimum Speed and Service Reliability Applicable to Broadband Data Services. CYBERPEERS guarantees a minimum broadband speed of 150kbps across all plans. Said guarantee however excludes factors outside the control of CYBERPEERS which among others, include the length of copper wire from the CYBERPEERS exchange to the Subscriber’s premises; the number of other services being used over copper pairs in the same cable by other subscriber’s; the configuration and line quality of the copper wire pair between the CYBERPEERS exchange and the Subscriber’s premises; electrical interference from outside sources (such as electric motors or other electronic devices); the configuration of the copper wiring within the Subscriber’s premises; the software configuration and application on the Subscriber’s computer (in particular how it uses the uplink back to the CYBERPEERS exchange; the Subscriber’s hardware or modem; and the capacity of load or access data rate of the destination host computer or website which the Subscriber is accessing and the number of computers connected to the broadband service.
  4. Termination /Processing Fee. Service termination requests not otherwise due to the fault or negligence of CYBERPEERS shall take effect within a reasonable period from receipt by CYBERPEERS of the request. Appropriate termination penalty and/or processing fee for CYBERPEERS Data Services termination or plan downgrade may apply depending on prevailing CYBERPEERS Data Services promo.
  5. Non-payment. The Subscriber shall pay CYBERPEERS delinquency charges amounting to 1.0% per month of the outstanding Total Charges if the Subscriber fails to pay the Total Charges within thirty (30) days after the invoice date.
  6. Reconnection. The Subscriber may have the CYBERPEERS Data Service reconnected by paying to CYBERPEERS: (a) all outstanding Total Charges; (b) the applicable delinquency charges; and (c) reconnection fee.
  7. Bandwidth, Data Storage and Other Limitations. The Subscriber shall comply with the current bandwidth, data storage, and other limitations of the CYBERPEERS Data Services. The Subscriber shall ensure that its activity does not improperly restrict, inhibit or degrade CYBERPEERS’s or any other party’s use of the CYBERPEERS Data Services nor represent (in the CYBERPEERS’s sole discretion) an unusually large burden on the CYBERPEERS network.

    The CYBERPEERS residential service offering is a consumer product designed for Subscriber’s exclusive and personal use of the Internet only. The Subscriber shall not run a server in connection with the CYBERPEERS Data Services or connect more than the agreed number of terminals, nor shall Subscriber provide network services to others via the CYBERPEERS residential service.
  8. Service Commitment, Additional Charges and property Rights. The Total Charges due to CYBERPEERS shall continue to accrue without deductions even in case of service interruption. Due to the nature of the Internet, CYBERPEERS does not warrant fast and efficient Internet access to be available at all times. However, CYBERPEERS shall exert its best efforts to ensure continuous fast Internet at the premises of the Subscriber.

    CYBERPEERS owns the property rights and interest in the CYBERPEERS Data Services and all that is attached to the system. The Subscriber hereby undertakes to uphold the property rights and interest of CYBERPEERS and hereby binds itself to refrain from taping, recording, duplicating or otherwise reproducing, in any manner and form whatsoever and for any purposes, the programs, trademarks/logo, copyrights and services received by and passed to him/in under and by reason of these terms and conditions.
  9. Acceptable Use Policy. We support and promote good citizenship within the internet community and will respond appropriately in the event that we become aware of any inappropriate use of our service. We have the right to monitor bandwidth and usage, and from time to time identify violations of the Acceptable Use Policy or any inappropriate use of our service and/or to protect the CYBERPEERS network and other customers in our network.

    If our services are used in a way which we would consider inappropriate, we will take action as we deem necessary, which may include, but is not limited to, preventing access to the CYBERPEERS service/s that were inappropriately used or were used in connection with, or resulting in, the violation of the Acceptable Use Policy, without incurring any liability for damages, or as may otherwise be directed by government agencies or the courts pursuant to applicable laws. Inappropriate use generally means any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty.

    You also agree not to resell or to make any commercial use of the Service, without the prior express written consent of CYBERPEERS. Our Services must not be utilized in bypassing or in activity/ies that tend to bypass the Public Subscriber Telephone Network (PSTN) of CYBERPEERS or be used in prohibited service like callback, dial back, unauthorized audio text, International and National Simple Resale 9ISR/NSR) and other similar services (the “Unauthorized Activities”).

GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL CYBERPEERS SERVICES

  1. Credit Limit. CYBERPEERS may, at its absolute discretion, set a Credit Limit which represents the Subscriber’s cap to enable him to manage his usage within a billing cycle. If he exceeds his Credit Limit, CYBERPEERS may require payment even before the end of the Subscriber’s billing cycle or CYBERPEERS may notify him through any of his contact details/numbers or at point of application for an additional service or product. CYBERPEERS may bar, suspend or disconnect the Service as soon as the Subscriber exceeds his Credit Limit, or when otherwise warranted by abnormal usage patterns or other circumstances, without need of prior notice and liability on the part of CYBERPEERS. The Subscriber agrees to pay for all usage whether within or in excess of his Credit Limit in order to continuously avail of the Service. CYBERPEERS reserves the sole right to review the criteria for the increase/decrease of the Subscriber’s Credit Limit and approves or disapproves any such request subject to existing terms and conditions.
  2. Aftersales Request. The Subscriber’s request for additional products or service shall always be subject to CYBERPEERS’s credit policies and absolute discretion.
  3. Credit Rating. The Subscriber’s account profile which may include, but not be limited to, the payment history and tenure, shall be categorically measured under the Credit Rating System which CYBERPEERS may use as reference in approving applications for other products and services of the Subscriber.
  4. Reselling / Illegal / Prohibited Use. The Subscriber’s right to use the pertinent CYBERPEERS service is personal to the Subscriber. The Subscriber agrees not to resell or to make any commercial use of the Service, without the prior express written consent of CYBERPEERSThe bypass compensation payable is reckoned, without any limitation, from the time the Unauthorized Activity accrued or was discovered by CYBERPEERS, whichever is earlier, until the actual cessation thereof. For this purpose, CYBERPEERS shall have the right to full access to the relevant books and all other records of the Subscriber in order to ascertain the volume of traffic and total amount of bypass compensation payable. In the absence of said record, CYBERPEERS shall have the sole discretion in the determination of the bypass compensation. In addition to the Unauthorized Activities referred to above, the Subscriber undertakes not to use the CYBERPEERS service for any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty (the “Illegal Activities”).

    The Subscriber agrees to indemnify and hold CYBERPEERS free and harmless from any liability, suit or damage arising from or connected with the Subscriber’s Unauthorized and/or Illegal Activities. The Subscriber further authorizes CYBERPEERS to supply any and all information requested by any law enforcement or government agency/ies of other private entities, the latter within the limits provided by law, relative to the Subscriber’s subscription to the pertinent CYBERPEERS Service. In which case the Subscriber hereby irrevocably and unconditionally waives any and all its relevant remedies under the law, including but not limited to the right to claim damages.
  5. Customer Premises Equipment (CPE). Please take proper care of these equipment, do not remove from the place of connection nor directly or indirectly allow the connection, disconnection, movement and/or alteration of such equipment by any person other than our authorized personnel.

Full administrator rights to CYBERPEERS-provided modem-routers are generally not provided to the Consumer due to the security risks involved for the User, except with respect to customer-owned attachment. But it may be requested through our customer channels provided you first sign a Waiver and Assumption of Liability

    • CYBERPEERS-Owned CPE. Refers to CYBERPEERS-provided modem-routers, telephone sets, cable including connections and other accessories (collectively, “CPE”) we have provided and installed at your premises, except for prepaid telephone service, shall remain our property. The equipment shall be pulled-out and/or returned to CYBERPEERS upon termination of this Agreement.
    • Customer-Owned CPE. Refers to CYBERPEERS-provided CPE which shall be paid by the Subscriber in full upfront or in installments. Ownership over the CPE shall transfer to Subscriber upon full payment of the subscription. As a condition for the subscription to the Service, Subscriber assigns his rights to manage the CPE to CYBERPEERS. In the event Subscriber refuses to assign his rights to CYBERPEERS, Subscriber shall sign a Waiver and Assumption of Liability.
  1. Customer-Owned Attachment. For customer-owned attachment, the Subscriber agrees to be solely responsible for any security breach that may arise from the use thereof such as, but not limited to, PBX hacking, in-house fraud, unauthorized call forwarding or illegal connection through house cable wiretapping, and agrees to pay CYBERPEERS for all call charges as a result of such security breach. Subscriber shall not in any manner undertake re-tagging of lines either directly or indirectly or provide for dummy numbers to be reflected as the calling number from their customer-owned attachment using services subscribed from CYBERPEERS, without the prior written consent of CYBERPEERS. In case a customer-owned attachment affects or impairs the quality of the pertinent CYBERPEERS Service, CYBERPEERS shall have the right to demand the immediate disconnection of the use thereof.
  2. Lock-in Period. The Subscriber acknowledges and agrees to the lock-in period for the service availed of such that, if he chooses to downgrade his plan or transfer to another address where there are no available CYBERPEERS facilities to continue serving him of the availed service or pre-terminate or cancel his subscription within the lock-in period, he agrees to pay the relevant pre-termination fees, charges and penalties imposed by CYBERPEERS.
  3. First Bill Charges. The Subscriber’s first bill upon service activation may be higher than the subscription’s monthly service fee (MSF) due to installation or activation fees and/or modem fees, if any and the pro-rated MSF that is computed from activation date to bill cut-off date. The Subscriber agrees to settle his first bill and all succeeding monthly bills thereafter.
  4. Payment. The Subscriber shall fully pay any and all outstanding Total Charges on or before the due date indicated in the CYBERPEERS bill. Payments may be made at any of CYBERPEERS’s offices, through duly authorized banks, or to its duly authorized collectors. CYBERPEERS shall not be liable for any payment made to persons other than its authorized representatives. Payment made by check shall not release the Subscriber from liability for non-payment until the check is cleared and payment is credited to CYBERPEERS’s account. The Subscriber shall indemnify CYBERPEERS for any and all penalties, fees and charges arising from or by virtue of the dishonor of the Subscriber’s check. CYBERPEERS likewise reserves the right to disconnect the pertinent CYBERPEERS Service for the dishonor of the Subscriber’s check. CYBERPEERS reserves the right to discontinue service due to non-payment of overdue accounts. CYBERPEERS also reserves the right, subject to the limits prescribed by existing laws, rules and regulations, impose penalties or interest for non-payment of overdue accounts. CYBERPEERS reserves the right to automatically bar access to services, including toll access, for non-payment of the allowable toll charges without prejudice to the exercise of other remedies under existing law, rules and regulations.
  5. Change in Fees / Charges. CYBERPEERS reserves the rights to increase any of the fees and charges or impose new or additional fees and charges applicable to the pertinent CYBERPEERS service, subject to approvals from the NTC or other government agency/ies having jurisdiction over the approval thereof.
  6. Taxes and Other Charges. Any and all taxes including value-added tax (VAT) and/or Overseas Communications Tax (OCT), charges, fees and other imposts that may be imposed by the government of the Republic of the Philippines or any of its instrumentalities or other applicable authority in connection with or incidental to the provision of the pertinent CYBERPEERS service shall be for the sole account of the Subscriber.
  7. Disclaimer and Limitation of Liability. . Except as provided under the foregoing terms and conditions, CYBERPEERS gives no warranty with respect to the speed and quality of data or voice transmitted by, and any intrusions on the telephone lines, software/internet access of the Subscriber and shall not be liable to the Subscriber for any claim or liability whatsoever (including loss of data, profits, loss of savings or incidental or consequential damages) arising out of the Subscriber’s use of or inability to use the pertinent CYBERPEERS services or the software/internet access, even if CYBERPEERS had been advised of the possibility of such damages, or for any claim by any other person.

    In the event of any service interruption, CYBERPEERS shall not be liable for any and all damages that may be suffered by the Subscriber for the service interruption.

    Subscriber shall hold CYBERPEERS, its directors, officers and employees free and harmless from, and shall indemnify them for any liability arising from any and all suits, actions and/or claims made by any person, natural or juridical, against the Subscriber or CYBERPEERS arising from the Subscriber’s use of pertinent CYBERPEERS service. Notwithstanding anything contained herein to the contrary, any liability adjudged against CYBERPEERS in connection with or arising from the Service shall be limited to the payment of the most recent charges actually paid by the Subscriber to CYBERPEERS.
  8. Disconnection. Subject to existing provisions of law, violation of any of the foregoing provisions shall give CYBERPEERS the right to immediately disconnect the pertinent service without incurring liability for damages. Such disconnection shall not relieve the subscriber from any monetary obligations accruing prior to the disconnection or from any liability to CYBERPEERS as a consequence of such violation.
  9. Collection Agency Fees. In case it will be necessary for CYBERPEERS to resort to court action or litigation, or use the services of a collection agency, the Subscriber shall pay a penalty of 25% of the amount due as collection fees or attorney's fees, in addition to damages or billing for services, penalty, charges and surcharges.
  10. Non-Transferability. All CYBERPEERS Services, the Customer Premises Equipment including any of the foregoing terms and conditions may not be leased, assigned or transferred by the Subscriber without the prior written consent of CYBERPEERS. Any lease, assignment or transfer made without the necessary CYBERPEERS consent shall be void and CYBERPEERS shall have the right to continue billing the Subscriber on record liable under the pertinent terms and conditions as if no such lease, assignment or transfer was made.
  11. Amendment. CYBERPEERS reserves the right to amend any of the provisions of any of the foregoing terms and conditions. Any such amendment shall take effect fifteen (15) days from notice to the Subscriber, through whatever means, or by posting at the pertinent CYBERPEERS website. The continued use and availment of the pertinent CYBERPEERS Service shall give the undisputed presumption that the Subscriber fully agrees and undertakes to adhere to such amendments.
  12. Rights Cumulative. All rights, power or remedies under the foregoing terms and conditions granted to CYBERPEERS shall be cumulative and not alternative and shall be in addition to and not in substitution for and in derogation of the rights, power and remedies conferred to CYBERPEERS by law.
  13. Non Waiver. The failure of CYBERPEERS to enforce any of its rights under these terms and conditions or any portion thereof, for whatever reason, shall not be construed as a waiver of such right.
  14. Severability. The Subscriber agrees that if a court of competent jurisdiction declares any portion of the pertinent terms and conditions governing a particular CYBERPEERS service is declared to be invalid or unenforceable, that portion will be construed consistent with applicable law as possible, and the remaining portions will be in full force and effect.
  15. Venue of Action. The parties agree that the venue of all actions from any of the foregoing terms and conditions shall be the court of proper jurisdiction of Makati City, Metro Manila, Philippines to the exclusion of any other venue.

DATA PRIVACY NOTICE

As a condition for use of the service, you permit CYBERPEERS NAVOTAS and its subsidiaries, affiliates, and subcontractors to process and/or disclose personal data, including data that may be classified as personal information and/or sensitive personal information under the Data Privacy Act of 2012, to agents, subsidiaries, affiliates, partners, and other third parties, in order to undertake activities that may include, among others:

  1. Conducting analysis for purposes of research and marketing initiatives, including the generation of anonymized or non-personally identifiable location and mobility data to show footfall, location patterns, crowd density, and other information that may be relevant for marketing purposes;
  2. Managing your account, providing customer care activities, monitoring the quality and security of the network, training our staff, providing the services to you in a timely and efficient manner, and ensuring your fair and lawful use of the products and services provided by CYBERPEERS Home;
  3. Generating statistical insights based on usage/network information to assist the Government in planning for healthcare, disaster, and other similar initiatives;
  4. Credit scoring programs and initiatives, including but not limited to providing information to the Credit Information Corporation in furtherance of the objectives of Republic Act No. 9501, otherwise known as the Credit Information System Act;
  5. Sending commercial and promotional advertisements, loyalty and rewards offers, surveys, customer-care, and after sales communications, and other broadcast push messages;
  6. Sharing your personal data with third-party content providers or other third-party services for which you sign up; and
  7. Such other processing or disclosure that may be required under law or regulations.

Additionally, by availing of the Tripleplay/Quadplay service bundle, you further recognize and consent that:

  1. Each of the TriplePlay/Quadplay sub-services is allowed to collect and process the information indicated in your Service Application Form for the purposes indicated above; and
  2. Each of the TriplePlay/Quadplay sub-services may share personal data for credit scoring purposes.

Your Personal Data may be obtained in many ways including through market research activities, via our websites and apps, and from CYBERPEERS Home’s subsidiaries, affiliates, business partners, and third-party service providers.

Your personal data will be maintained in our records throughout your availment of the service, and for a maximum period of seven years thereafter. You are afforded certain rights in relation to your personal data under the Data Privacy Act, including the right to object to processing, the right to access your data, the right to rectification of inaccurate data, and the right to erasure or blocking of data. For more information on your rights and how you may exercise them, please contact our Data Privacy Officer at CYBERPEERS-NAVOTAS.com

In order to provide you the highest quality service, we exchange anonymized and non-personally identifiable data with our business partners. For a list of our partners, please visit CYBERPEERShome.com/privacypolicy.

STATEMENT OF ACCOUNT (SOA) DELIVERY AGREEMENT

Your account will be automatically enrolled in paperless billing.

You will receive your monthly eStatement notification in the phone number you provided.

By agreeing to the Terms and Conditions, I hereby authorize CYBERPEERS Inc. (CYBERPEERS) to send me my Statement of Account (SOA) three (3) calendar days after the Statement Date as well as any other notices by electronic mail (email) at the email address I specified in this form or such other email address which I may notify CYBERPEERS in writing. CYBERPEERS shall be deemed to have validly sent the SOA, and the SOA shall be deemed received, at my email address provided the same is sent at the email address I provided CYBERPEERS. I will hold CYBERPEERS free and harmless from any liability for my failure to receive the SOA despite it being sent to my email address. I understand that I will not be receiving a printed copy of my SOA. NOTE: This SOA Delivery Agreement applies to all new subscriptions for landline service with broadband. Landline-only subscribers will receive a printed copy of their monthly SOA without charge.