Internet Service Agreement

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.

ITEM 1. DEFINITION OF TERMS

Unless the context indicates otherwise, the following terms used in this agreement are defined as follows:

  1. "Internet services" or "Services" shall mean access to the Internet and any ancillary Internet-based technologies, applications, software or shareware, consulting and other service offerings as may be provided from time to time under this contract by INFODYNE.
  2. "Subscriber" refers to any individual or legal entity who has requested for Internet services from INFODYNE and agrees to the terms and condition of this contract.
  3. "Philippines Online" refers to the Internet services to be provided by INFODYNE to the SUBSCRIBERS.
  4. "Internet Content" refers to all information, software, shareware and other data utilizing various media that can be accessed through or obtained by virtue of the other Services provided hereunder.

ITEM 2. SUBSCRIBER SERVICES

INFODYNE shall provide the SUBSCRIBER with the following services.

  1. Telephone dial-up connectivity to the global Internet from the SUBSCRIBERS' site via Philippines Online and using TCP/IP as the connectivity protocol.
  2. Limited installation support and other services necessary for the commencement of the SUBSCRIBERS' Internet connectivity via Philippines Online.
  3. Free telephone technical support services 24 hours a day, 7 days a week.

ITEM 3. DEPOSIT

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.

  1. A processing fee of One Hundred Pesos (P100.00) exclusive of VAT will be charged in the event of termination request made within the first month of subscription plus the applicable monthly fees and additional charges as it may incur in its usage of Philippines Online Internet services for the particular month.

ITEM 4. PAYMENT

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:

  1. INFODYNE will provide the SUBSCRIBER with a monthly Statement Of Account (SOA) for Internet services provided through Philippines Online. Payment shall be due and demandable on the date of issuance of the said Statement.
  2. The SUBSCRIBER shall pay the applicable monthly fees and such additional charges as it may incur in its usage of Philippines Online service for a particular month within Ten (10) days after the date of issuance of the said Statement for payment issued by INFODYNE.
  3. All payments due to INFODYNE from the SUBSCRIBER must be made in full.

ITEM 5. USAGE LIMIT

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.

ITEM 6. SUSPENSION OF SERVICES

INFODYNE may, without notice to the SUBSCRIBER, suspend the access of the latter to Philippines Online services on any of the following grounds:

  1. Non-payment of applicable fees and charges within the Ten (10) day period provided in item 4.2 above. The suspension shall continue until payment in full has been made. In addition, a reconnection fee of Fifty (P50.00) Pesos exclusive of VAT must also be paid.
  2. Exceeding the usage limit specified in item 5 above. The suspension shall continue until payment in full has been made.
  3. In case s breach by the SUBSCRIPTION of any provision of this contract, the suspension shall continue until the breach has been remedied to the satisfaction of INFODYNE.
  4. In case such suspension of services is made necessary because of technical difficulties arising due to cause beyond the control of INFODYNE, the latter shall endeavor to resolve such difficulties and reconnect the SUBSCRIBER to Philippines Online within the shortest time possible.
  5. In situations where the equipment, software or online activities of the SUBSCRIBER is interfering with the other services of INFODYNE, the suspension shall continue until the interference has been remedied to the satisfaction of InfoDyne, Inc.
  6. Such other grounds for suspension and for such duration as the parties may agree upon during the lifetime of this contract or such as those found in the Acceptable Use Policy listed on the Philippines Online web site http://www.philonline.com.

ITEM 7. SUBSCRIBER USAGE

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.

ITEM 8. ALLOCATION HOURS

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.

ITEM 9. DATA TRANSFER

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.

ITEM 10. WARRANTIES

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.

ITEM 11. DISCLAIMER

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.

ITEM 12. TRANSFERABILITY

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.

ITEM 13. SUBSCRIBER FACILITIES

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.

Conforme

Date: Subscribers Signature:
Date: Account Manager's Signature:

Unit 3603 Antel Global Corporate Center
No. 3 Julia Vargas Ave., Ortigas Center Pasig City 1605, Philippines