September 27, 2016

CISNP Richard V. Arbutante, MPSM

ARD for Operations/Caretaker

Bureau of Fire Protection Regional Office 10

Maharlika Building, Gumamela Extension, Carmen, Cagayan de Oro.

Dear CINSP Arbutante,

PLDT ALPHA Enterprise would like to thank you for your interest in our Business Direct Line. We are delighted to have the opportunity to serve your company and be part of your on-going success. PLDT ALPHA’s Business Direct Line is a single user telephone service for basic voice and facsimile transmission between two locations. It operates on PLDT’s largest and widest coverage, for high quality voice communications across the nation and around the world.

BENEFITS OF THE SOLUTION:

  • Extensive nationwide coverage
  • Shorter lead-time to install and quicker service as required
  • 92-100kbps voice bandwidth per line
  • Multiple call functions

PLDT ALPHA Enterprise is utterly committed to deliver premium grade services with the largest, strongest and most robust network. We operate on true world-class technology with the highest standards and responsive innovative solutions.

If you find our proposal acceptable, please indicate your complete billing address and contact information, and sign your conforme on the space provided. Once completed, you may fax the accomplished form or send a scanned copy via email to your Relationship Manager.

Complete Billing Address : ______

______

Contact Person : ______

Contact Number : ______

For reconnection request, number to be retained : ______

Billing shall commence on the date of activation of the Service.

Should you have any further queries, please feel free to get in touch with your Relationship Manager. Thank you and we look forward to serving your telecommunications requirements.

Very truly yours,

PHILIPPINE LONG DISTANCE TELEPHONE COMPANY

By:

Dante M. Verendia Jr

Relationship Management Executive/CRB Mindanao

Telephone Number: (088) 858-0093

Cellular Phone Number: 0918-949-9167

Email add:

COMMERCIAL PROPOSAL:

PLDT DIRECT LINE CHARGES

MONTHLY RECURRING CHARGES (MRC)

Location / Per Line Charges
(Php) / Quantity / Total MRC
517.86 / 1 / 517.86
OPTIONAL ITEMS - Special Features / Unit Cost (Php) / Quantity
Call Waiting
Speed Calling 100
Do Not Disturb
Hotline (Immediate or Delayed)
Forwarding ( Busy, No Answer, Immediate)
3 Party Conference
Caller ID / 75
Call Baring (108,109, other carriers and Audio text)
Caller Waiting Bundle
Caller ID Bundle
Mega Bundle
TOTAL / 75.00

NON- RECURRING CHARGE (NRC)

Item Description / Per Line Charges / Quantity / Total NRC
Service Connection Charge (SCC)
City Electrician Inspection Fee (CEIF)
Vanity Number, if any
Additional Features, if any
Optional:
Stock Investment Plan (SIP)
TOTAL

Pricing Notes:

  • All rates are exclusive of VAT and other charges unless otherwise indicated.
  • Minimum contract term of twelve (12) months.
  • The prices provided shall be valid for a period of thirty (30) working days from receipt of this proposal.
  • Pre-termination of the Contract shall render the Customer liable for pre-termination charges equivalent to 100% of the unrealized monthly revenue charges for the unexpired term.
  • Special Conditions, if any: Note: Bureau of Fire Protection Regional Office 10 for 911 project.

Conforme:

CINSP Richard V. Arbutante, MPSM

ARD for Operations/Caretaker

Date Signed______

Contact Number ______

DIRECT LINE SERVICE

TERMS AND CONDITIONS

  1. CONTRACT DOCUMENTS
  1. The following documents shall, by this reference, form integral parts of the contract between PLDT and the Subscriber for the provision by PLDT of the Direct Line Service (the “Service”) described in the Proposal to which these PLDT Direct Line Services Terms and Conditions is attached:

(1) Proposal with Customer’s written conforme, which contains the commercial terms of the Contract; and

(2) These Terms and Conditions for Direct Line Service

(the “Contract”).

  1. In case of any conflict in the interpretation of the provisions of the aforementioned documents, these Terms and Conditions shall prevail.
  1. SUBSCRIBER'S RESPONSIBILITIES

The Subscriber has the following responsibilities for the proper installation, operation and maintenance of the Service:

  1. Provide, at its expense, the entrance conduit and service boxes together with the house cabling and distribution wiring required in the building with proper tagging where the Service will be installed.
  2. Ensure and undertake that the Service installed shall be used for ADMINISTRATIVE PURPOSES ONLY. Thus the Subscriber agrees not to lease or sublease the Service, use the Service to provide equivalent or similar service to any third party for whatever purpose, or permit the use of the Service by any third party. The Subscriber further agrees that it shall not, without the prior written approval of PLDT, extend or cause to be extended the use of the Service outside of the premises where the Service is installed. The Subscriber shall disallow the connection, disconnection, movement, and/or alterations of any and all PLDT instruments or facilities by parties other than those duly authorized by PLDT.
  3. Not use nor allow the use of the Service as a means of providing telecommunications services to the public or for the resale of national or international traffic.
  4. Disallow the use of the Service in bypass activities or the conduct of any activity that tends to bypass the Public Switched Telephone Network (PSTN) of PLDT or be used in prohibited activities such as callback, dial back, unauthorized audio text, International Simple Resale (ISR) and other similar services (each, a “Prohibited Activity” and collectively, the “Prohibited Activities”).

PLDT reserves the unilateral right to immediately terminate/cancel the Service at any time and without prior notice should PLDT discover any Prohibited Activity as defined herein or that the Service or any of the lines are utilized other than for its specified purpose and/or in any instance that PLDT finds that any of its materials, wires, equipment, and devices, resources and effects are actually being used or have been used by the Subscriber but without, however, securing the prior written consent of PLDT. PLDT also reserves the further right, and also without prior notice, to immediately disconnect and recover its materials, wires, equipment, and devices and such resources and effects which are found to be illegally connected and/or attached to PLDT facilities and properties without the knowledge, authority and/or prior written consent of PLDT. Finally, PLDT reserves the right to collect monetary compensation due to revenue loss occasioned by such unauthorized use and/or operations or to collect from the Subscriber liquidated damages in the total amount of One Million Pesos (Php1,000,000.00), whichever is higher.

e.The Subscriber agrees to be solely responsible for any security breach such as, but not be limited to hacking, in-house fraud, unauthorized call forwarding, or illegal connection through house cable wiretapping, that may affect the Service, and agrees to be liable for all charges accruing as a result of such breach.

f. The Subscriber shall likewise be liable for any unauthorized calls that may arise from availing of and/or activating the special features of the Service.

g. The Subscriber shall exercise due care in the handling of PLDT’s equipment. Any damage to or deterioration to PLDT’s equipment, other than those due to ordinary wear and tear, shall be for the sole account and responsibility of the Subscriber.

h. The Subscriber shall permit duly authorized PLDT personnel to enter or leave the Subscriber’s premises at all reasonable hours or at such frequency as may be necessary for the purpose of installing, inspecting, maintaining, and/ or removing its instruments and facilities in connection with the Service.

  1. APPLICABLE CHARGES AND TAXES
  1. Rates shall be subject to revisions as authorized by the National Telecommunications Commission (NTC) from time to time. Any increase or decrease in the authorized rates shall automatically revise the current charges on the date such increase or decrease took effect. Payment of charges shall be in accordance with PLDT’s rules and regulations duly approved by the former Public Service Commission and any future amendment or supplement as the NTC shall approve.
  2. The charges quoted hereunder shall be exclusive of applicable Value Added Tax (VAT)/Overseas Communications Tax (OCT). Applicable taxes may apply for services provided by foreign carriers (Applies to international services only).
  1. EFFECTIVE DATE OF BILLING

Billing shall commence on the date of activation of the Service.

  1. PAYMENT TERMS
  1. PLDT has the option to provide the Subscriber with the bill in either of the following means: electronic mail, CD or printed and sent through courier or mail.
  2. Upon receipt of the bill as aforementioned, the Subscriber shall pay the charges within the stipulated due date as indicated in the bill. In cases of disputed charges properly advised in writing by the Subscriber, the Subscriber agrees and undertakes to pay, within the period required herein or pertinent laws, rules and regulations, the amounts not disputed. PLDT reserves the right to discontinue providing the Service for non-payment of charges not under dispute.
  1. CONTRACT PERIOD

The Contract term is for a minimum of one (1) year from the date of activation of each line. If PLDT does not receive any written advice from the Subscriber at the end of the contract date, the Contract shall be automatically renewed for another year under the same terms and conditions.

  1. PRE-TERMINATION OF CONTRACT

In case of termination of Contract:

a. Should the Subscriber wish to pre-terminate this Contract without fault of the part of PLDT:

(1)The Subscriber shall be required to submit a written notice at least sixty (60) calendar days prior to the intended date of pre-termination, stating the reason/s for such request.

(2) Pre-termination charge equivalent to 100% of the unrealized monthly revenue charges for the unexpired term will be imposed.

(3) Total pre-termination charge shall be computed as follows:

Total Pre-termination Charge = (No. of months remaining in the contract x Monthly Charge)

b. In addition to payment of pre-termination charges, the Subscriber shall also be liable to pay all tolls accruing prior to pre-termination.

  1. DISCONNECTION OF SERVICE

PLDT has the right to disconnect the Service without incurring any liability whatsoever in the following cases:

  1. Subscriber’s non-payment of overdue accounts. PLDT reserves the right to automatically bar access to toll services for non-payment of the allowable toll charges without prejudice to the exercise of other remedies under existing law, rules and regulations.
  2. Where PLDT determines that the Subscriber is not actually taking the Service at the place of installation or when necessary to protect itself against abuse or fraud, PLDT may refuse to provide the Service to any subscriber or premises, or discontinue the same.
  3. If the Subscriber fails to comply with any of the terms and conditions herein.
  4. Subscriber’s failure to pay bills not under dispute.
  1. FORCE MAJEURE
  1. PLDT 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 the Contract resulting from acts beyond its control, including without limitation, international system cable faults; acts of God, acts of nature, such as, but not limited to, typhoon, flood, landslide, earthquake, tsunami, lightning,,a natural disaster of overwhelming proportions; acts or regulations of any governmental or supranational authority; war; national emergency; accident; fire; riot; strikes, lock-outs, industrial disputes (whether or not involving PLDT’s employees); epidemic or pandemic.
  2. In the event of Service disconnection arising from force majeure, PLDT shall endeavor to restore services as soon as possible, subject to its discretion in the allocation of available resources.
  1. SERVICE CREDITS
  2. Computation of service credits shall be in accordance with the following formula:

Service Credits for the month = Monthly Rental X (Non-Serviceable hours / 730 hours)

(hereafter, “Service Credits”)

b. The Service Credits shall be subject to the following conditions:

(1)All applicable Service Credits will be based on PLDT’s Enterprise Service Management (177) records

(2)Service Credits are not applicable to products that by their very nature do not offer rebates. Until further notice, these services include, but not limited to usage-based products such as I-800, U-800, D-800, HYPE, NDD and IDD

(3)The following are not subject to Service Credits:

(a)Outages due to the Subscriber’s fault, equipment failure and applications

(b)Power failures at the Subscriber’s premises

(c)Scheduled maintenance

(d)Inability of PLDT staff to gain access to the Subscriber’s premises for the purpose of fault rectification;

(e)Incidents of Force Majeure and Fortuitous Events;

(f)Travel time and accessibility of site, or

(g)Power failure in the Subscriber’s sites.

  1. It is understood by the parties herein that such Service Credits shall be the sole and exclusive remedy of the Subscriber and shall be the sole and full extent of PLDT’s liability under the Contract in the event of Service interruption.
  1. ACCEPTABLE USE POLICY

The Subscriber shall use the Service in accordance with applicable law, including relevant regulations, ordinances, orders or decrees; and with morals, customs and public policy and shall ensure that its use thereof shall not adversely affect, interfere with or disrupt the use of the Service by other parties or the manner by which PLDT provides the Service or any other services to others.

  1. VIOLATION OF THE ACCEPTABLE USE POLICY, TERMS AND CONDITIONS
  2. PLDT reserves the right to investigate suspected violations of the Acceptable Use Policy, these Terms and Conditions, including the gathering of information from the user or users involved and the complaining party, if any, and the examination of any information on PLDT’s servers and network.
  3. If the Subscriber is found to have violated any of the provisions of these Terms and Conditions, PLDT shall have the right to disconnect the Service and to pursue other remedies available to it under the law.
  1. LIMITATION OF LIABILITY

In no event shall PLDT be liable for any loss of revenue, business opportunity or business advantage, loss of use, interruption of business, any indirect, incidental, special or consequential damages, even if PLDT has been advised of the possibility of such claims.

  1. INDEMNIFICATION

The Subscriber agrees to defend, indemnify and hold PLDT, its directors, officers and employees, free and harmless from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or these Terms and Conditions by the Subscriber (or any party using the Subscriber’s account, with or without the Subscriber’s permission, to access the Service); (b) the use of the Service or the placement or transmission of any message, information, software or other materials using the Service by the Subscriber (or any party using the Subscriber’s account, with or without the Subscriber’s permission, to access the Service); (c) negligent acts, errors, or omissions by the Subscriber’s (or any party using the Subscriber’s account, with or without the Subscriber’s permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Terms and Conditions, except to the extent that such liabilities arise from the act, negligence or willful misconduct of PLDT.

  1. PROMO TERMS AND CONDITIONS

a. The foregoing Terms and Conditions shall apply to standard PLDT applications and installations.

b. Installations and/or applications under promotional or special offerings shall be governed by the terms and conditions of the pertinent offerings.

  1. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants to the other party that:

  1. It is a corporation duly organized and validly existing under the laws of the Republic of the Philippines and has all the legal power and authority to execute this Agreement and to carry out the terms, conditions and provisions hereof;
  2. The Contract constitutes a valid, legal and binding obligation, enforceable in accordance with its terms;
  1. There are no actions, suits or proceedings pending, or to its knowledge, threatened, against or affecting it before any court or administrative body or arbitral tribunal that might adversely affect its ability to meet and carry out its obligations under the Contract;
  1. The execution and delivery of the Contract has been duly authorized by all requisite corporate action, and will not contravene any provision of, or constitute a default under, any other agreement or instrument to which it is a party or its property may be bound.
  1. NON WAIVER

Failure to enforce compliance with any term or condition of the Contract will not constitute a waiver of such term or condition of the Contract or the right to subsequently enforce such term or condition in the future.

  1. GOVERNING LAW,SETTLEMENT OF DISPUTES/ATTORNEY’S FEES
  1. The Contract shall be governed by and construed in accordance with the laws of the Philippines.
  2. In case of any dispute that may arise in connection with these Terms and Conditions, the parties shall promptly meet and exert best efforts towards an amicable settlement of the dispute in good faith. In the event such dispute is not resolved amicably within a period of thirty (30) days from the date of its occurrence, the same may be resolved through legal action.

c. In the event of suit, venue shall exclusively be in Makati City, Metro Manila. In the event that either party is compelled to seek judicial relief against the other party in order to enforce any or all of its rights under these Terms and Conditions, the erring party, as determined by the proper court, shall, in addition to any other damages that may be awarded by the court, hereby agrees to pay an amount equivalent to twenty-five percent (25%) of the amount claimed by the aggrieved party but shall in no case be less than Fifty Thousand Pesos (P50,000.00), as and by way of attorney’s fees, apart from the costs of litigation and other expenses which the law allows the aggrieved party to recover from the erring party.