Terms and Conditions

Terms and Conditions of the Services

The Service Provider and/or Asian Vision Cable Holdings, Inc. (Asian Vision) shall provide the services (the “Services”) described in the Service Agreement (the “Agreement”) to the Subscriber subject to the following terms and conditions:

a. Coverage

These terms and conditions cover the Services between the Parties and shall be executed in accordance with the Agreement. Value-added services may also be provided when available, subject to the terms and conditions for such services.

b. Binding to the Parties and Successors

The rights and obligations of the Parties hereunder shall be binding upon and shall insure to the benefit of the Parties, and their respective legal representatives, successor entities and/or successors-in-interest and permitted assigns.

c. Products and Services

The product and service packages have the following inclusions:

• Supply and installation of broadband services with bandwidth capacity to be determined by the Subscriber as stated in the Service Agreement

d. Leased Equipment and Equipment to be Installed; Responsibilities

Leased equipment as may be provided by Service Provider, installed at the premises of the Subscriber, shall remain the exclusive property of the Service Provider. The Subscriber hereby undertakes to take proper care of the leased equipment and will not make any alterations or additions thereto.

The Subscriber acknowledges receipt of the equipment in working order and good condition and will be responsible for any loss or damage that may arise during use of the equipment. All leased equipment shall be returned to the Service Provider upon termination of this Agreement.

The equipment leased by the Subscriber is replaceable or repairable within contract period and upon renewal in cases of wear and tear and shall not be replaced if the equipment malfunctions due to the willful act or negligence of the Subscriber.

In order to ensure quality of service, the Service Provider requires strict observance of proper installation procedures. Hence, only the Service Provider’s duly authorized personnel may install, transfer, and/or configure the equipment from one location to another, if the need arises. No Subscriber shall assign, transfer, sublease, change or otherwise part with the said equipment, facilities and accessories, neither shall the Subscriber permit any extension of the service which may cause damage or interference thereof without prior written consent and approval of the Service Provider.

e. Technical Problems; Solutions

In case of technical problem or connectivity issues, the Service Provider shall immediately provide the necessary Solution assistance to the Subscriber.

f. Subscription

The Subscriber agrees to pay the Service Provider the subscription fees, security deposit, and other related charges, if any, as well as value-added taxes, prescribed in the selected payment plan in the Service Application Form. The Service Provider may set, revoke or impose conditions on the subscription fee at any time and at its absolute discretion. Any fees paid in advance shall not be refundable.

f.1 Security Deposit.The Service Provider reserves the right to charge the Subscriber a security deposit equivalent to One Month Subscription Fee. This Security Deposit shall be collected upon installation and is subject to the following conditions:

• Upon completion of the lock-in contract, given that the Subscriber opted not to renew, the Security Deposit shall be applied to the Subscriber’s last month's Subscription Fee.
• If any of the equipment installed is damaged or not returned upon disconnection, the Security Deposit shall be forfeited in favor of the Service Provider and the Subscriber will be charged accordingly for every damaged and/or unreturned equipment.

f.2. Security Deposit during Renewal.In case of renewal, the security deposit shall not be applied to the Subscriber’s last month's Subscription Fee and shall remain unused until the last month of the renewed contract or upon request for disconnection after completion of the lock-in period.

f.3. Minimum Subscription Period. All Service Providers’ subscriptions ordered by the Subscriber shall be subject to a minimum subscription period as stated in the Service Agreement. Should the Subscriber fail to complete the required lock-in period, or choose to terminate or cancel the subscription prior to the expiration of the lock-in period, the Service Provider shall charge the Subscriber a pre-termination fee imposed by way of penalty, in addition to forfeiture of any deposits made as provided herein.

f.4.Completion of Lock-in Period and Automatic Renewal.The Service Provider will advise and notify the Subscriber of the completion of the Lock-in Period at least thirty (30) days before the end of the said period. The Subscriber may apply for renewal of the Subscription Agreement on or before the expiration of the Lock-in Period and shall advise the Service Provider of any upgrade, downgrade, or transfer of circuit.

Upon expiration of the initial Lock-in Period, this Service Agreement shall automatically renew for the same Lock-in Period, unless the Subscriber provides written notice to the Service Provider at least thirty (30) days prior to the expiration date indicating its intent to either (i) continue the subscription on a month-to-month basis or (ii) terminate the Service. If the Subscriber elects to continue the Service on a month-to-month basis, this Service Agreement shall continue under the same terms and conditions and may be terminated by either Party upon thirty (30) days’ prior written notice. Any upgrades, downgrades, or transfers of circuit shall be subject to automatic renewal of the Subscription Agreement for the same subscription period.

In the absence of any written advice or notice to the Service Provider, the Subscription Agreement shall be automatically renewed under the same terms and conditions for the same period, unless the Subscriber sends a written notice of termination prior to the expiration of the initial subscription period, or renewed subscription period, as the case may be.

f.5.Accurate Information of Subscribers. The Subscriber hereby affirms that it has provided Asian Vision and/or Service Provider with accurate information about its billing address, contact details, and other relevant facts as stated in the Service Application Form. It shall allow the Service Provider to verify the information provided without liability on the Service Provider’s part. The Subscriber further commits to update the Service Provider about any changes to the information it has provided in the Service Application Form as soon as possible from the occurrence of the said changes.

f.6. Payments Made.Payments made on or before the Payment Due Dates stated on Billing Invoice sent to the Subscriber electronically, via traditional post office mail, or by messenger service shall be effective and valid. Payments made through banks and other channels aside from the Service Provider’s office may not be immediately reflected in our Statement of Account. Hence, should the Subscriber pay using non-Service Provider payment facilities, the same should be paid at least five (5) days before the payment due date.

f.7. Responsibility of Verifying Total Amount Due. The Subscriber shall also be responsible for verifying the total amount due on every payment due date. Subscriber may contact the Service Provider’s Customer Service Hotline to inquire about the total amount due and payment due date as well as problems encountered including delayed notification. In the absence of any inquiry, the total amount due shall be deemed correct and payable on the indicated payment due date.

f.8. Suspension or Termination of Subscription Because of Non-Payment. The Service Provider reserves the right to suspend or terminate the Service/s should it fail to receive payments after its due date or if payments received on or before the payment due date is less than the total amount due. The Subscriber waives any requirement for demand and agrees to pay promptly the total amount due indicated in the Billing Invoice.

f.9. Late Payment Penalty. Subscription payments made fifteen (15) calendar days after the Due Date stated in the Billing Invoice shall be charged a late payment penalty of one percent (1%) per month on the total subscription fees due. Subscription payments made shall first be applied to all late payment penalties before the payment of any monthly subscription. Notwithstanding the payment of the late payment penalty, the Service Provider may suspend or terminate the Service/s if the amount paid is less than the total amount due.

g. Disconnection

g.1.Voluntary Disconnection. Requests for voluntary termination of the Service/s shall be made in advance and in writing, provided that any outstanding obligations will automatically become immediately due and demandable. A pre-termination fee will apply to any voluntary disconnection.

g.2.Involuntary Disconnection. Subscriber agrees that in the event of failure to pay the monthly Subscription Fee and other charges on the due date, the subscription account shall no longer be deemed current and, at the option of the Service Provider and/or its representative, the Service/s may be suspended, discontinued and/or disconnected, without the need for any prior notice, judicial order or administrative declaration, and the provisions on termination shall apply.

g.3.Disconnection Based on Valid Grounds.

Subscriber also agrees that Service Provider may suspend, discontinue, and/or disconnect the Service/s in any or all of the following instances:

• Violation by Subscriber of any of the terms and conditions of the Agreement;
• Misrepresentation or false statements by the Subscriber in the Service Application Form, illegal connection and/or use of unauthorized equipment/s, software s or accessories;
• Suspicious or fraudulent misuse or abuse of Service (e.g., unauthorized commercial use or viewing with or without charge, rebroadcasting of programs, unauthorized copying or reproduction of programs, etc.);
• Unauthorized transfer of Service;
• Failure to notify Service Provider or Asian Vision of a change in billing address or contact details;
• Any other analogous causes.

Whenever the suspension, discontinuance, and/or disconnection leads to eventual termination, the effects of such termination shall retroact 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 Service within thirty (30) days from suspension or disconnection of Service. Disconnection of Service shall not be construed as a waiver of the outstanding tariff, charges, penalties, and surcharges accruing on overdue bills. Subscriber agrees to hold the Service Provider free and harmless from any liability and waives any action against the latter, which may arise as a result of such suspension or disconnection of Service. The suspension, discontinuance and/or disconnection of Service/s due to any of the aforementioned instances shall be without prejudice to the filing of the appropriate criminal, civil, or other legal action in the appropriate court or government agency.

g.4.Reconnection.

In the event of suspension or disconnection, the Service Provider may, at its option, restore Service/s and/or rectify the cause of suspension upon payment of all outstanding obligations by Subscriber, including any and all applicable fees in accordance to the table of fees set by the Service Provider.

h. Termination of Service

1. Termination by Subscriber. The Subscriber may terminate its subscription in writing by giving one (1) month prior written notice for cancellation and by fully settling all its outstanding obligations with the Service Provider. The pre-termination penalty (which is equivalent to the sum of the remaining monthly subscription fee based on the contract period plus the current monthly subscription fee) will become part of the outstanding obligation of the Subscriber if the termination is done within the specified Lock-In period. No pre-termination penalty shall apply if the Service Provider fails to provide the agreed Service due to a Force Majeure event or as a result thereof.

2. Termination by the Service Provider. The Service Provider may terminate the Service or this Agreement for non-payment or delay in payment of Subscriber's accountabilities or violation by Subscriber of any terms and conditions of this Agreement or for such other causes set forth in this Agreement, and such other causes analogous thereto.

The Service Provider will call and/or email the Subscriber for the agreed date of retrieval of its equipment within a period of thirty (30) days from the official disconnection date. The Subscriber shall voluntarily return the equipment to the Service Provider in good condition and working order and agrees to immediately pay the fee prescribed in the table of fees (VAT inclusive) to the Service Provider for failure to return all the equipment within the aforesaid period. The Subscriber acknowledges that all equipment in its possession is held in trust for the benefit of the Service Provider. If the equipment is not returned by the Subscriber for whatever reason, the Service Provider reserves the right to file the appropriate action or suit for recovery and/or damages against the Subscriber.

i. Administrative and Technical Support

The Subscriber shall allow the duly authorized personnel of the Service Provider to enter its premises to inspect, repair, replace, or remove whatever necessary materials in order to provide and/or maintain the Service/s.

In order that the Service Provider’s Technical Support team may serve customers most efficiently, the Subscriber understands that the personnel concerned need to be in front of its workstation during such service calls.

Similarly, in order to provide Subscribers with a reasonable level of expertise in technical support, Service Provider reserves the right to support only authorized hardware and software that the Service Provider deems as commonly used. The Service Provider is not obliged to extend support in case the Subscriber uses unauthorized hardware or software not supported by the Service Provider.

When there is proof that technical fault is outside of the Service Provider’s responsibility or outside the scope of the services mentioned in this Agreement, the Service Provider is no longer obligated to extend service assistance. Similarly, it is the Subscriber’s sole responsibility to administer and manage any equipment, network component, etc. outside the scope of the Service Provider’s delivery.

The Service Provider reserves the right to refuse to fix any problem or to charge a service fee if service personnel have identified the problem to be outside of the scope of this Agreement.

j. On Service Commitment on Signal Interruptions

In cases of Service interruption for causes beyond the control of the Service Provider, the fees due to the Service Provider shall continue to accrue without deductions, subject to any applicable rebates prescribed in Annex III hereof. The Service Provider makes no representation, warranty, or guarantee that high-quality Internet access service shall be available to the Subscriber at all times. The Subscriber shall hold the Service Provider free and harmless from any and all liabilities as a result of such interruption of signal. The Service Provider will exert its best efforts to deliver a continuous data service to the Subscriber in accordance with technical standards as provided under the rules and regulations of the National Telecommunications Commission.

k. Limitation of Liability

The Subscriber has the sole and exclusive responsibility for the maintenance and security of components used, e.g., workstation hardware and software, as well as regular program and data back-up. The Service Provider shall be held free and harmless from any responsibilities, liabilities or damages that may arise from the use of the Service/s (e.g., accessing the Internet or receiving technical support) as a result of, but not limited to electronic virus infections, hacker attacks, system crashes, and such other electronic-type or sourced disruptions and damages. Asian Vision and/or Service Provider 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 this Agreement if such delay or failure in performance is beyond the control of Asian Vision and/or the Service Provider, including without limitation acts of God, acts or regulations of any governmental agency or authority, war or national emergency, accident, fire, lightning, riot, lock-outs, industrial disputes or epidemics.

In no event shall Service Provider be liable to the Subscriber for any incidental, indirect, exemplary, special or consequential damages whatsoever (including damages for lost profits, income or savings, interest, goodwill, opportunities, or interruption of business) that may be suffered or incurred by the Subscriber or any person or entity affiliated or associated with the Subscriber, even if advised of the possibility of such damages, whether arising in contract, tort, statute, equity, liability under indemnity or otherwise.

l. Amendments

The Parties reserve the right to amend, modify, change, or supplement the terms and conditions to this Agreement as the Service/s may require. The Parties shall advise the other prior to making any such changes or supplements.

m. Governing Law, Venue, and Expenses of Litigation

The Parties shall endeavor to resolve conflicts via mediation or any other form of peaceful resolution. In the event no resolution is reached, the Parties agree that the venue of all actions or suits arising out of or relating to this Agreement and/or the Service/s shall be with the proper courts in Makati City, Metro Manila, to the exclusion of all other venues. In addition to any amounts due and collectible, the aggrieved Party shall be entitled to twenty-five percent (25%) of such amount due by way of liquidated damages plus attorney’s fees and costs of suit. This Agreement shall be governed by and construed under the laws of the Republic of the Philippines.

n. Data Privacy

Compliance: Asian Vision and Service Provider (together, “the Company") shall comply with the provisions of Republic Act No. 10173, also known as the Data Privacy Act of 2012, and its Implementing Rules and Regulations in the collection, processing, retention, storage, and disposal of Subscriber's data.

Collection and Processing: Company shall only collect and process Subscriber's data for legitimate purposes, such as:

• Providing and maintaining telecommunications and internet services.
• Billing and collection purposes.
• Responding to customer inquiries and complaints.
• Sending marketing and promotional materials (with prior consent from the Subscriber).

Data Security: Company shall implement and maintain appropriate security measures to protect Subscriber's data from unauthorized access, disclosure, alteration, or destruction.

Data Retention: Company shall retain Subscriber's data only for as long as necessary to fulfill the purposes for which it was collected, unless otherwise required by law or regulation.

Data Breaches: Company shall notify the National Privacy Commission ("NPC") and the Subscriber in the event of any data breaches involving Subscriber's data.

Subscriber Rights: The Subscriber has the right to:

• Access and request the correction of their data.
• Object to the processing of their data.
• Erase or request the erasure of their data under certain circumstances.
• File a complaint with the NPC concerning any violation of their data privacy rights.

o. Confidentiality & Non-Disclosure

All personal information provided by the Subscriber in the Service Application Form will be treated with utmost confidentiality. However, the Subscriber hereby acknowledges and agrees that the Service Provider may have to disclose such information to its authorized agents or representatives, employees, consultants, and personnel on a need-to-know basis, who in turn shall likewise be subject to the same confidentiality undertaking. The Subscriber agrees to the disclosure of its personal information in any and all instances when such disclosure is necessary for the execution of efforts geared towards overall customer satisfaction, which includes information dissemination through marketing or telemarketing of products and services of Asian Vision, the Service Provider and their affiliates, facilitating services requests and maintenance work, and in connection with related services under the Agreement.

Non-Disclosure: Company shall not disclose Confidential Information to any third party without the prior written consent of the Subscriber, except as required by law or regulation or as necessary to fulfill its obligations under this Agreement.

Exceptions: The following are not considered Confidential Information under this Agreement:

• Information that is already publicly known;
• Information that the receiving party independently develops;
• Information that is lawfully obtained from a third party without a confidentiality obligation; or
• Information that is required to be disclosed by law or judicial order of a court of competent jurisdiction or order of a government or regulatory agency.

Injunctive Relief: The Subscriber and the Company agree that any violation of this Clause would cause irreparable harm and that the aggrieved party shall be entitled to seek injunctive relief, in addition to any other remedies available at law or equity.

Survival: This Clause shall survive the termination of this Agreement.

p. Separability Clause

If any of the provisions in this Agreement are rendered unenforceable by order of any court or competent government authority, the provisions that remain shall remain valid and in full force and effect. Should Asian Vision and/or the Service Provider be unable to strictly enforce any or all of the provisions in this Agreement, the same shall not be construed as a waiver of the provision(s) concerned.

q. Assignment of Rights

The Subscriber shall not assign, or otherwise transfer this Agreement or any of its rights appurtenant thereto, or delegate any of its obligations, nor lease or resell this service to any third party without the prior written consent of Asian Vision or the Service Provider. Pending approval of such transfer, the Subscriber shall remain liable for any accrued fees and charges. Any violation of the foregoing condition shall render such assignment and/or transfer void and without effect and will be subject to appropriate legal action. Asian Vision may, however, assign this Agreement or transfer the Service to any of its affiliates or subsidiaries upon prior written notice to the Subscriber.

r. Entire Agreement

The Agreement (including the Terms and Conditions of the Services attached hereto, which are incorporated herein by reference) is the entire agreement between the Parties with respect to its subject matter and supersedes all previous agreements between the Parties in connection with its subject matter.

Annex I – Service Level Commitment

Asian Vision and/or Service Provider guarantees compliance with the NTC of the service performance standards for internet access services:

The Service Provider will exert its best efforts to deliver a continuous data service to the Subscriber in accordance with technical standards as provided under the rules and regulations of the National Telecommunications Commission.

a. As cited in NTC Memorandum Order No. 07-07-2011, Broadband Service Provider shall specify the minimum broadband/ internet connection speed and service reliability, and the service rates in their offers to consumers/ subscribers/ users in their advertisements, flyers, brochures and service agreements and service level agreements. The minimum service reliability shall be 80%.

Service Reliability is measured over a period of one (1) month and calculated as

[(Hours in a day x Days in a month) – (Time internet connection speed is below minimum)] / (Hours in a day x Days in a month)

b. As cited in NTC Memorandum Circular No. 12-19-2004, the service performance standards for internet access services are as follow:

*Subject to annual review

The following terms, as used in the Circular shall mean:

Network Availability – is measured over a period of one month and calculated as:

(Hours in a day x Days in a month) – Network Outage Time
(Hours in a day x Days in a month)

System Availability – is measured over a period of one month and calculated as:

(Hours in a day x Days in a month) – (Time system is unavailable for connection)
(Hours in a day x Days in a month)

Service Reliability – is measured over a period of one month and calculated as:

(Hours in a day x Days in a month) – (Time service is below performance standards)
(Hours in a day x Days in a month)

Annex II – Escalation Procedure

The immediate contact person for sales, operations, and maintenance aspects is:

Fault Escalation Procedure for Internet Services

Prepare the following information when reporting trouble or downtime:

• Your name, company, and contact details
• Location of the site
• Symptoms of the fault
• The time the fault was first observed
• Any associated information that may assist with fault clearance

Login for Ticketing–Enterprise Customer Portal Site: campaign.asianvision.com.ph/tickets-view

Escalation Procedure for Sales

Annex III – Rebates

Service Provider shall not be held liable for any occurrences such as damages or interruptions caused by events of force majeure or any of the causes mentioned in this clause below. Subject to verification by the Service Provider, service outages shall be subject to the following rebate schedule:

The above rebate schedule is subject to the following conditions:

1. All credit memos shall be based on the records of Asian Vision and/or Service Provider;
2. Subscriber shall be responsible for reporting and requesting for credit memo on any outage on or before the next business day;
3. The credit memo being claimed shall be applied to the next billing cycle;
4. The credit memo is computed by dividing the MRC over a 30-day period, and then multiplied by the length of interruption (in days); and,
5. The service interruption or outage is not caused by any of the following:
   • Power failure at the Subscriber's premises;
   • Subscriber's equipment or software application failure;
   • Subscriber’s act, omission, fault or negligence;
   • Service Provider is prohibited from accessing or inspecting the access lines, equipment, or software application at the Subscriber’s premises;
   • Force Majeure;
   • Fortuitous Events; and
   • Scheduled Maintenance.

ADOPTED AS OF SEPTEMBER 18, 2026.