INFODYNE, INC. hereafter referred to as INFODYNE, and _______________, hereafter referred to as the SUBSCRIBER, do hereby agree to enter into this subscription agreement for Internet services as to be provided by INFODYNE under the following terms and conditions.
Unless the context indicates otherwise, the following terms used in this agreement are defined as follows:
INFODYNE shall provide the SUBSCRIBER with the following services.
The SUBSCRIBER may be required to make a deposit of ONE THOUSAND PESOS (P1,000.00) exclusive of VAT with INFODYNE upon subscription and commencement of this contract in addition to the applicable fees and charges. Such deposit shall be returned by INFODYNE without interest to the SUBSCRIBER within thirty (30) days from the date of termination of this contract and after deducting all outstanding applicable fees and charges of the SUBSCRIBER. Exhaustion of the deposit as a result of such deduction shall not ban INFODYNE from obtaining from the SUBSCRIBER payment in full of the unpaid fees and charges.
The SUBSCRIBER shall pay to INFODYNE as consideration for the Internet services provided through Philippines Online such applicable fees and charges as may be provided for in the subscription form under the following terms:
For SUBSCRIBERS under the fixed-usage schemes, the SUBSCRIBER is allowed to exceed the total number of hours equivalent to its scheme by 100%. Continued usage above this limit is permitted only after the settlement of outstanding bills. For example, if the SUBSCRIBER is under the 30 hour per month plan, then the SUBSCRIBER is only allowed to exceed another 30 hours, for a total monthly use of 60 hours. Any further use above this limit is not allowed unless the SUBSCRIBER settles the outstanding balance.
INFODYNE may, without notice to the SUBSCRIBER, suspend the access of the latter to Philippines Online services on any of the following grounds:
The SUBSCRIBER may use all Internet services made available under this contract through Philippines Online for any PERSONAL/NON-COMMERCIAL and legal purpose as the SUBSCRIBER may deem fit. Transmission of any Internet content that violates Philippine law is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or trade secrets. SUBSCRIBER herewith agrees to indemnify INFODYNE, its directors, employees, and agents, and to hold INFODYNE free from any claim resulting from the use by the SUBSCRIBER of any of the Philippines Online services which damages the SUBSCRIBER or any other party in any aspect.
Allocation hours applies only for the current month and will not be carried over to the following month. Accounts activated on or before the 15th of the month are entitled to consume the initial monthly time allocation from the date of activation up to the last day of the current month. Accounts activated after the 15th of the month may opt to consume the initial monthly time allocation from the date of activation up to the last day of succeeding month. This does not apply for the Unlimited and Corporate Plan.
INFODYNE exercises no control whatsoever over the content of the information or data transmitted through Philippines Online. INFODYNE may not regulate the flow of data or information through its Philippines Online services to and from the SUBSCRIBER except as otherwise provided in this contact.
INFODYNE makes no warranties, expressed or implied for its Philippines Online services as well as such Internet services accessed through Philippines Online and disclaim any responsibility for the accuracy or quality of information obtained through Philippines Online. No warranty for merchantability or fitness for a particular purpose is hereby claimed.
INFODYNE shall not be liable for any damage SUBSCRIBERS may suffer or have suffered due to the use of Philippines Online. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, service interruptions or SUBSCRIBERS'; own errors or omissions in using the services provided, or direct, indirect, special, incidental or consequential damages of any kind, even if INFODYNE has been advised of the possibility of such damages and notwithstanding any failure or essential purpose of any limited remedy.
Unless otherwise agreed upon by the parties, the SUBSCRIBERS'; right to use the Philippines Online services of INFODYNE shall be personal and non-transferable and is subject to such limits and restrictions provided for in this contract.
The SUBSCRIBER shall be responsible for and must provide all telephone and other equipment necessary to access Philippines Online as may be specified by INFODYNE. The SUBSCRIBER must comply with INFODYNES'; requirements as regards access to equipment and/or mode of access to and/or use of Philippines Online. By signing below, I certify that the foregoing information is true and correct. I certify that I have read, understood and I agree to be bound by the terms and conditions governing the use of Philippines Online as stated in the service agreement above and I am bound to these and future amendments thereto.
Unit 3603 Antel Global Corporate Center
No. 3 Julia Vargas Ave., Ortigas Center Pasig City 1605, Philippines