This Agreement is effective upon its execution by both parties. For the purpose of the payment of Monthly Fees and delivery of the Connection hereunder, the initial service term of this Agreement is minimum of twelve (12) months (the “Initial Term”) or for the term specified for the Internet Service Plan you select (the “Plan Term”) commencing on the date when you ACCEPT this Agreement (“Activation Date”).
ACCEPTANCE by you of this
Agreement occurs upon the earliest of: (a) your acceptance of this Agreement electronically
during an online order, registration or when installing the Software or the Equipment; (b)
your use of the Internet Service; or (c) your retention of the Software or Equipment we
provide beyond ten (10) days following delivery. After the Initial Term or the Plan Term
whichever is applicable, this Agreement will automatically renew for one year term until
terminated as set forth below.
B. DESCRIPTION OF SERVICES
InfiniVAN will install and provide you during the Initial Term or Plan Term hereof with one (1)
wireless internet connection from InfiniVAN’s closest Point of Presence (POP) (generally
herein, the “Service”). Depending on your Service Plan and other factors discussed below,
your internet connection (your “Connection”) will be burstable under standard conditions up
to the Service Plan’s speeds, and will be limited to the Plan’s Monthly Transfer Limits for
your combined upstream and downstream data.
Your Service Plan, along with your monthly service charge (the “Monthly Charge”) is noted
on the signature page below, and details are available on our website, www.infinivan.com.
You may upgrade to a higher level of Plan at any time, but InfiniVAN may require you to pay
a downgrade charge to perform a downgrade in Service. If you exceed the Monthly Transfer
Limit for your Plan without otherwise violating the Agreement Terms, InfiniVAN will charge
you an excess usage fee for usage exceeding your monthly limit.
1. “Broadband Service” means InfiniVAN’s Fiber To The Building (FTTB) based Internet
2. “Content” means content provided by InfiniVAN or its third party licensors or suppliers
and accessible on the Service, including without limitation images, photographs,
animations, video, audio, music, and text in any format.
3. “Equipment” means the modem, router and/or other equipment provided by InfiniVAN for
use of Service. For the avoidance of doubt, the term “Equipment” shall include any router
provided to you by InfiniVAN that is either rented by you or otherwise required to be
returned to InfiniVAN upon termination or cancellation of Service, but shall not include
any router that you purchase from InfiniVAN or a third party.
4. “Service” means all InfiniVAN Broadband Service.
C. PRICING; BILLING; CHANGES TO SERVICE PLANS AND PAYMENT
1. Prices and Fees.
You agree to pay the fees applicable to your Service on a monthly or prepaid basis, as
applicable, and to pay: (a) applicable taxes, (b) surcharges, (c) recovery fees, (d) telephone
charges, (e) activation fees, (f) installation fees, (g) set-up fees, (h) equipment charges, (i)
late payment fees, (j) Early Termination Fee (“ETF”), and (k) other recurring and nonrecurring
charges associated with the Service Plan you have selected. The taxes, fees and other
charges detailed in (a)-(k) above may vary on a monthly basis. Surcharges and recovery
fees are not taxes and are not required by law, but are set by InfiniVAN and may change.
You also agree to pay any additional charges or fees applied to your account, including
interest and charges due to insufficient credit or insufficient funds. You agree to pay all
amounts due under this Agreement for the Service with cheque payment or using a valid
Withdrawals from your checking or savings account or the charges to your credit card will
occur automatically. InfiniVAN shall not be responsible for any charges or expenses (e.g., for
overdrawn accounts, exceeding credit card limits, etc.) resulting from such withdrawal or
charges billed by InfiniVAN. If you receive a bill or invoice from InfiniVAN, and have arranged
payment by cheque or cash, the payment of all charges set forth therein must be received
within first fifteen (15) days of the relevant month, or your Service may be re-directed or
Account may be suspended without notice.
RE: Early Termination Fee
InfiniVan shall charge the client for the remaining months left in the contract due to early
2. Late Payment Fees
If you fail to pay all charges appearing on your bill for the Service when due, InfiniVAN shall
charge you an interest of four percent (4%) per month on the outstanding amounts due. In
addition, if you fail to pay said charges within thirty (30) days after the due date on which
they are due, InfiniVAN may permanently terminate your account without incurring any
liability whatsoever. All charges are considered valid unless disputed in writing within
twenty (20) days from the billing date. Adjustments will not be made for charges that are more than 30 days old.
If InfiniVAN uses a collection agency or resort to legal action to recover monies due, you
agree to reimburse us for all expenses we incurred to recover such monies, including
attorneys’ fees and the liquidated damages of Php100,000.00 or the 25% of the total
amount claimed whichever is higher. In addition, a collection fee will be assessed and will
be due at the time of the referral to the third party. The fee will be calculated at the
maximum percentage permitted by applicable law but not below twelve percent (12%) per
Non-recurring charges such as set up, activation and installation fees, and certain
equipment charges and other related fees will be included in your first bill. Monthly Service
recurring charges will be billed one month in advance. Any usage charges will be
billed on the following billing month after such usage. Pre-paid pricing plans for Additional
Services will be billed in advance. Based on your preference and subject to our approval,
InfiniVAN or its agent will bill you directly.
4. Plans with Minimum Terms.
If you choose a Service Plan with a minimum term commitment, you agree to maintain your
Service for the term of that plan (“Plan Term”). For Broadband Services, your Plan Term
begins on the date you change your existing Broadband Service Plan to Plan Term. At the
end of any Plan Term, you may be given the option to select a new Plan Term. If you do not
select a new Plan, your Service will automatically convert to a yearly that may be higher
than your current rate. If you select a new Plan, the terms of that selected Plan will apply.
5. Limitation on Special Pricing Promotions.
You may only take advantage of one special pricing promotion during any consecutive
twelve (12)-month period. Eligibility for promotional offers may be contingent upon payment
of all outstanding InfiniVAN charges.
6. Refundable Deposit.
InfiniVAN may require that you provide us with a refundable deposit, which will be specified
at the time of your order. InfiniVAN may also require an additional deposit after activation of
the Service if you fail to pay any amounts when due. Within thirty (30) days after termination
of your Service, we will return your Customer Deposit (if any), less any unpaid amounts due
on your account, including any amounts owed for unreturned or damaged Equipment.
Amounts held on deposit will not accrue interest.
7. Credit Related Matters.
InfiniVAN may evaluate your credit history before modifying or providing you its Service. In
order to establish an account with InfiniVAN and/or obtain or modify Service, InfiniVAN may
obtain a report from a credit bureau or exchange information with its affiliates or any third
party in connection with determining your creditworthiness. If you fail to pay your bill, we
may submit a negative credit report to a credit bureau or credit reporting agency, which will
negatively affect your creditworthiness.
D. AVAILABILITY OF, AND CHANGES BY INFINIVAN TO, SERVICE
1. Service and Bandwidth Availability and Speed.
The Service you select may not be available in all areas or at the rates, speeds, or
bandwidth generally marketed, and some locations may not qualify for the Service even if
initial testing showed that your line is qualified. We will provision qualified FTTB lines at the
maximum line rate available in your location based on our standard line qualification
procedures, unless you have selected a level of service with a lower maximum line rate.
Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to
each device connected to the network will vary depending upon the number, type and
configuration of devices using the Service and the type of use (e.g., streaming media),
among other factors. The speed of the Service may vary based on network or Internet
congestion, your computer configuration, the condition of your telephone line and the wiring
inside your location, among other factors.
In some instances, the bandwidth available for the Service may be reduced temporarily due
to other unusual events such as network outage or failure, or any other analogous situation.
InfiniVAN and/or its suppliers reserve the right, at any time, with or without prior notice to
you, to restrict or suspend the Service to perform maintenance activities and to maintain
2. Changes to Service and/or its Features by InfiniVAN.
InfiniVAN reserves the right to change any of the features, content, equipment authorized by
InfiniVAN for use in connection with the Service, or applications of the Service at any time
with or without notice to you. This includes the portal services we may make available as
part of the Service for an additional charge.
E. DISCONTINUATION OF SERVICE DUE TO NON-PAYMENT, BREACH, ETC
InfiniVAN may discontinue your Service without notice if charge or credit card are refused
for any reason, or if you fail to make payment when due or to provide us with a new charge
or credit card expiration date before the existing date expires.
F. LIMITATIONS ON USE OF THE SERVICE
1. You acknowledge and agree that InfiniVAN (a) is not responsible for invalid destinations,
transmission errors, or the corruption of your data; and (b) does not guarantee your ability to
access at all times any or all websites, servers or other facilities or that the Service is
secured, protected or will meet your requirements.
2. You acknowledge that the Service will allow access to information which may be sexually
explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the
supervision of use of the Service by children is your responsibility and that InfiniVAN is not
responsible for access by you or any other users to objectionable or offensive content.
InfiniVAN STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE
CONTENT FILTERING SOFTWARE.
3. You understand and agree that if you type a nonexistent or unavailable Uniform
Resource Locator (“URL”), or enter a search term into your browser address bar, InfiniVAN may present you with an InfiniVAN Error Assist web search page containing suggested links
based upon the query you entered in lieu of you receiving an NXDOMAIN or similar error
message. InfiniVAN provision of the Error Assist page may impact applications that rely on
an NXDOMAIN or similar error message and may override similar browser-based search
results pages. If you would prefer not to receive Error Assist pages from InfiniVAN, you
should follow the opt-out instructions that are available by clicking on the “About” link on
any Error Assist page. .
4. You are not authorized to use any InfiniVAN name or mark as a hypertext link to any
InfiniVAN Web site or in any advertising, publicity or in any other commercial manner
without the prior written consent of InfiniVAN.
5. You agree that InfiniVAN assumes no responsibility for the accuracy, integrity, quality
completeness, usefulness or value of any content, advice or opinions contained in any
emails, message boards, chat rooms or community services, in any other public services or
social networks, and that InfiniVAN does not endorse any advice or opinion contained
therein, whether or not InfiniVAN provides such service(s). InfiniVAN does not monitor or
control such services, although we reserve the right to do so.
6. You represent that when you, or your permitted guests’ transmit, upload, download, post
or submit any content, images or data using the Service you or your permitted guests have
the legal right to do so and that you or your permitted guests’ use of such content, images
or data does not violate the copyright or trademark laws or any other third party rights. You
understand and agree that any and all use of the Service is subject to this Agreement
7. Websites linked to or from the Service are not reviewed, controlled, or examined by
InfiniVAN and you acknowledge and agree that InfiniVAN is not responsible for any losses
you incur or claims you may have against the owner of third party websites. The inclusion of
any linked websites or content from the Service, including websites or content advertised
on the Service, does not imply endorsement of them by InfiniVAN.
G. INSTALLATION AND EQUIPMENT
as part of your Connection plan. Standard installation requires certain changes to your
computer operating system configuration settings and may require the installation of
additional software on your computer. You authorize InfiniVAN or its agents to install the
Equipment at your home or place of business (the “Installation Site”) and to make the
necessary software installations or configurations.
You agree to pay InfiniVAN a non-refundable installation fee of TWO THOUSAND PESOS
(Php2,000.00) prior to installation, unless this fee is waived by InfiniVAN Application form or
exceptional agreement. InfiniVAN will use commercially feasible efforts to provide the
Services. You agree to provide unrestricted access to the installation site at all times for the
purposes of installation, maintenance and removal of equipment. The installation, use,
inspection, maintenance, repair, and removal of the Equipment may result in service outage
or potential damage to your computer. You are solely responsible for backing up all of your
existing computer files and data. InfiniVAN and its employees, agents, contractors, and
representatives shall have no liability whatsoever for any damage to or loss or destruction of
any of your hardware, software, files, data, or peripherals. You assume responsibility for
impacts to or loss of any warranty associated with the opening of your computer for
H. PROTECTION OF NETWORK
If InfiniVAN notifies you that the hardware or software provided by you impairs, degrades,
adversely affects or is likely to impair, degrade or adversely affect your Connection or the
Connection of others, you agree to immediately eliminate the impairment at your cost.
Without incurring any liability of whatsoever nature, InfiniVAN may suspend your
Connection until the impairment is corrected. When you use the Services, you must protect
the InfiniVAN network by either disabling or password protecting file and print sharing on
your computer(s) and/or have a firewall solution that prohibits unauthorized access to your
computer and/or network. Your failure to properly firewall your Connection at any time may
result in immediate suspension or termination of your Connection without notice.
Commercial resale or other public offering or distribution beyond the customer’s property
of these services is strictly prohibited without the express written consent of InfiniVAN.
Access to other networks connected to InfiniVAN’s network must comply with all of the
rules applicable to such other networks. All password and authentication information
related to the Connection, whether at the Installation Site or any other location is the
exclusive property of InfiniVAN, and InfiniVAN grants you no license to use or access such
property by virtue of this Agreement. You agree not to attempt to ascertain such information
or passwords and to promptly notify InfiniVAN if you acquire such information or are aware
of any disclosure of such information to any party.
InfiniVAN’s network can only be used for lawful purposes. The transmission of any material
in violation of any local, municipal, national, or international law or regulation is prohibited.
This includes, but is not limited to, copyrighted material, material legally judged to be
threatening or obscene, material protected by trade secret, or material that is otherwise
deemed to be proprietary or is determined by InfiniVAN to be inappropriate or improper
such as bulk e-mail messages (“spam”). You agree to abide by InfiniVAN’s Acceptable Use
Policy (“AUP”), available online at www.infinivan .com/aup.html.
I. MONITORING THE CONNECTION
InfiniVAN has no obligation to monitor the Connection, but may do so consistent with
applicable rules, regulations, laws, and disclose information regarding use of the Services
for any reason if InfiniVAN, in its sole discretion, believes that it is reasonable to do so,
including to (a) comply with laws, court orders, regulations, or governmental or legal
requests; (b) operate the Service properly; or (c) protect itself and its customers. InfiniVAN
may immediately remove your material or information from InfiniVAN’s servers, in whole or
in part, which InfiniVAN, in its sole and absolute discretion, determines to infringe another’s
property rights or to violate our Acceptable Use Policy, this Agreement, or other policies,
rules, regulations or laws.
J. AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES
1. Legal Authority.
You acknowledge that you are eighteen (18) years of age or older and that you have the legal
authority to enter into this Agreement. You agree promptly to notify InfiniVAN whenever your
personal or billing information changes within thirty (30) days from occurrence of such
change. Failure to do so shall be construed as fraud or misrepresentation, chargeable as
Estafa and violation of this Agreement and pertinent laws.
2. Use of your Service and Account and Compliance with Applicable Authority.
You are responsible for all use of your Service and account, whether by you or someone
using your account with or without your permission, including all secondary or sub-accounts
associated with your primary account, and to pay for all activity associated
with your account. You agree to comply with all applicable laws, regulations and rules
regarding your use of the Service and to only use the Service within Philippines. (unless
otherwise permitted by this Agreement).
3. Restrictions on Use.
Except as otherwise set forth in this Agreement, you may not resell, re-provision or rent the
Service, (either for a fee or without charge) or allow third parties to use the Service via
wired, wireless or other means. For example, you may not provide Internet access to third
parties through a wired or wireless connection or use the Service to facilitate public Internet
access (such as through a Wi-Fi hotspot), use it for high volume purposes, or engage in
similar activities that constitute such use (commercial or non-commercial). If you subscribe
to a Broadband Service, you may connect multiple computers/devices within a single home
to your modem and/or router to access the Service through a single InfiniVAN-issued IP
address, and if available through the Service, you may permit guests to access the Internet
through your Service’s Wi-Fi capabilities. You also may not exceed the bandwidth usage
limitations that InfiniVAN may establish from time to time for theService, or use the Service
to host any type of server. Violation of this Section may result in bandwidth restrictions on
your Service; suspension or termination of your Service; and additional charges and
K. TERMINATION OR SUSPENSION OF SERVICE
1. Subscribers with Month-to-Month Accounts. If you are a month-to-month Service
customer, either you or InfiniVAN may terminate this Agreement any time and for any reason
by giving notice to the other as set forth in this Agreement. Unless otherwise required by
applicable law, termination will be effective on the last day of that month’s billing cycle, and
you are responsible for all charges incurred through that date. Activation or set-up fees paid
at the initiation of your Service are not refundable.
2. Subscribers with Term Plans; Early Termination Fee (“ETF”). EXCEPT AS OTHERWISE
SET FORTH IN THIS AGREEMENT, IF YOUR BROADBAND SERVICE IS TERMINATED BY
YOU OR BY US AS A RESULT OF VIOLATION BY YOU OF THIS AGREEMENT BEFORE
COMPLETING YOUR TERM PLAN, THEN YOU AGREE TO PAY InfiniVAN THE ETF SET
FORTH IN THE PRICING PLAN YOU HAVE CHOSEN. If you terminate the Service at your
location, your existing Term Plan cannot be carried over to a new Service location. Unless
otherwise required by applicable law, termination will be effective on the last day of that
month’s billing cycle, and you are responsible for all charges incurred through that date.
3. Termination and/or Suspension by InfiniVAN. InfiniVAN reserves the right to change, limit,
terminate, modify or temporarily or permanently cease providing the Service or any part of it
with or without prior notice if InfiniVAN elects to change the Service or a part thereof or if
you violate the terms of this Agreement. If InfiniVAN terminates your Service under this
Section K.3, you must immediately stop using the Service and you will be responsible for
any applicable fees and/or Equipment (or equipment) charges. If InfiniVAN terminates or
ceases to offer Service in your location, you shall not be liable to pay the ETF. If your
Service is reconnected, a reconnection fee may apply.
4. Deletion of Data upon Termination. YOU AGREE THAT IF YOUR SERVICE IS
TERMINATED FOR ANY REASON, InfiniVAN HAS THE RIGHT TO IMMEDIATELY DELETE
ALL DATA, FILES AND OTHER INFORMATION (INCLUDING ANY EMAILS, ADDRESS
BOOK AND/OR WEB STORAGE CONTENT) STORED IN OR FOR YOUR ACCOUNT
WITHOUT FURTHER NOTICE TO YOU.
5. Return of Equipment upon Termination. If your Internet Access Service is terminated for
any reason prior to the end of the first year of Service and you received Equipment from
InfiniVAN, you must return the Equipment to InfiniVAN within 30 days from termination date;
otherwise, you will be charged for the Equipment. Failure to return any Equipment you
received from InfiniVAN or returning Equipment in a damaged condition (subject only to
reasonable wear and tear) will result in the imposition of an Equipment fee that may be
substantial. If the Equipment is affixed with a label which includes the following (or similar)
message, “PROPERTY OF InfiniVAN. DO NOT REMOVE FROM PREMISES,” then you must
not return the Equipment and you will not be charged an Equipment fee as long as the
Equipment is left in place in reasonable condition (subject only to reasonable wear and
At its sole discretion and at any time, InfiniVAN shall have the right to assign its interests,
rights and obligations, in whole or i part, including but not limited to, the assignment of its
receivables, to any third party without notice to, or the approval of, you (Customer) or any of
your successors or assignees, and without incurring any liability of whatsoever nature.