ENTERPRISE BUSINESS GROUP
Order Form Release Version: MSME2018-01
Application Form with T&Cs – MSME FIBRBIZ 2019
PLDT MSME Application Form
CUSTOMER INFORMATION
Company Name :
Installation Address : ______________________________________________
No. Street Village/Barangay/Municipality Zip Code
Billing Address : ______________________________________________
No. Street Village/Barangay/Municipality Zip Code
Authorized Signatory/On-Site Contact : Official Designation : E-Mail Address : Mobile Number :
_______________________________________ ______________________ ____________________ ____________________
Monthly One-Time Contract
Select your Package : Burst Speed Inclusions Charge Charge Period
Up to 15 Mbps 24
Starter PLAN 1699 unlimited data
Wi-Fi Modem P 1,699 FREE
months
Up to 25 Mbps Business Landline 24
FibrBiz PLAN 2000 unlimited data P 2,000 FREE
months
24/7 Enterprise
Up to 50 Mbps 24
FibrBiz PLAN 3000 unlimited data
Aftersales Support P 3,000 FREE
months
All rates are quoted VAT-Inclusive
The abovementioned internet packages are subject to facility availability.
DSL-based burst/download speeds are minimum of 10% of subscribed speed at 80% service reliability where available
Fiber-based burst/download speeds are minimum of 30% of subscribed speed at 80% service reliability where available
BUSINESS LANDLINE DIRECTORY LISTING (Select one)
PUBLISHED CONFIDENTIAL
I authorize PLDT to publish my name, address and telephone number in the
Directory Listing (White Pages) and make this information available upon
I do not allow PLDT to publish my name, address and telephone number in
request via 101-171 directory assistance at any given time. I understand that no
Directory Listing (White Pages) or via 101-171 directory assistance.
warranties are agreed upon the information published in the case that it will be
reached and accessed by any person or number.
NOTE: National Telecommunications Commission (NTC) mandated through memorandum order 10-10-17 that “telephone numbers with local exchange area code
(02) shall be migrated to 8-digit telephone numbers not later than March 31, 2019”. For PLDT subscribers, telephone numbers will begin with “8 + existing 7-digit
number” (example: (02) 8012345 to (02) 8-8012345).
ADDITIONAL NOTES
CUSTOMER CONFORME
I certify that the information supplied above is true and correct. By signing below, I signify that I have read the
attached Terms and Conditions and agree to abide by them as soon as I have accepted the PLDT Enterprise Service.
______________________ ______________________ ______________________
Authorized Signatory Designation Date Signed
(Printed Name over Signature)
Application Form with T&Cs – MSME FIBRBIZ 2019 Page 1 of 3
PLDT Enterprise Broadband Service Terms and Conditions
1. Contract Documents 11. Discontinuance of Service
a. The following documents shall, by this reference, form integral parts of the agreement between PLDT Enterprise and a. PLDT has the option to discontinue the Service because of the Customer’s failure to pay the fees due within the
the Customer for the provision by PLDT Enterprise of the PLDT Enterprise Broadband Service (the “Service”): period provided for in the relevant bill. Subject to one (1) month prior written notice to the Customer and provided
(1) Proposal with Customer’s written conforme, which contains the commercial that the Customer continues to fail to pay the required amount despite such notice, PLDT has the option to
terms of the Contract (“Proposal”); and discontinue the Service for non-payment of the overdue account, as well as other accounts involving other existing
(2) This PLDT Enterprise Broadband Service Terms and Conditions (“Terms and Conditions”), herein collectively PLDT services which, based on PLDT records, are maintained or owned by, or kept under the same Customer’s name.
referred to as the “Contract”. Aside from the outstanding charges of the Customer due to PLDT, applicable pre-termination charges shall be
a. In case of any conflict in the interpretation of the provisions of the aforementioned documents, these Terms and imposed, subject to Section 9 hereof.
Conditions shall prevail. b. The basis for disconnection of Service will be the stipulated due date in the billing statement.
2. Customer Responsibilities c. The Service is intended for the Customer’s official business use only and not intended for national/international resale
The Customer shall have the following responsibilities for the proper installation, operation and maintenance of the of voice and/or data. The circuits of the Service will not be used for any Voice Callback, or any form of Public Switched
Service: Telephone Network (“PSTN”) by-pass operation similar to that of an International Simple Resale (“ISR”) (collectively,
a. Provide access and clearance to allow duly authorized PLDT personnel to enter and leave the Customer’s premises at the “Unauthorized Use/s”).
reasonable hours or at such frequency as may be necessary, and subject to prior notice to the Customer, for the d. PLDT reserves the unilateral right to immediately terminate/cancel the Service at any time and without prior notice
purpose of conducting site surveys, installation, inspection and maintenance, and/or removal of its equipment and should PLDT find any Unauthorized Use or find that the Service or any of the circuits provided therefor are utilized
facilities used in connection with the Service. In the event that the Customer’s premise is located inside a building, other than for their specified purpose and/or in any instance that PLDT finds that any of its materials, wires,
the Customer shall coordinate with the building administrator/property management office of the building and equipment, and devices, resources and effects are actually being used or have been used by the Customer but
secure the necessary permits granting PLDT egress and ingress to the building twenty-four (24) hours a day, seven (7) without, however, securing the prior written consent of PLDT. PLDT also reserves the further right, and also without
days a week for maintenance, test and repair, and installation activities, subject to compliance by PLDT with prior notice, to immediately disconnect and recover its materials, wires, equipment, and devices and such resources
reasonable building security regulations. and effects which are found to be illegally connected and/or attached to PLDT facilities and properties without the
b. Prepare all the required civil works, conduits and in-house wiring installations prior to the installation of the Service. knowledge, authority and/or prior written consent of PLDT. Finally, PLDT reserves the right to collect monetary
PLDT reserves the right to delay installation works in the event the required civil works, conduits, and in-house wiring compensation due to revenue loss occasioned by such unauthorized use and/or operations or to collect from the
have not yet been installed, or in the alternative, start billing for the installed services notwithstanding the Customer liquidated damages in the total amount of One Million Pesos (Php1,000,000.00), whichever is higher.
Customer’s inability to use the same owing to its failure to install the required civil works, conduits, and in-house e. In addition to having the Service temporarily/permanently disconnected, the Customer shall likewise be liable to pay
wiring in a timely manner. pre-termination charges computed in accordance with Section 9.a.
c. Provide the required Uninterrupted Power Source (“UPS”) in each location to ensure the uninterrupted power supply 12. Force Majeure
necessary for the continuous operation of the Service. The Customer shall provide electric power from a commercial a. PLDT shall not have any liability whatsoever or be deemed to be in default for any delay or failure in the performance
source connected to the standby generator required for the efficient operation of PLDT-provided equipment. of its obligations under the Contract resulting from acts beyond its control, including without limitation, international
d. Provide the interface cables between the PLDT equipment and the Customer-provided equipment. system cable faults; acts of God, acts of nature, such as, but not limited to, typhoon, flood, landslide, earthquake,
e. Ensure that no connection, disconnection, movement, and/or alteration of any and all equipment and facilities tsunami, lightning, a natural disaster of overwhelming proportions; acts or regulations of any governmental or
furnished by PLDT are conducted by parties other than the duly authorized PLDT personnel. supranational authority; war; national emergency; accident; fire; riot; strikes, lock-outs, industrial disputes (whether
f. Provide a secure, clean and a well-ventilated and air-conditioned room suitable for the proper and continuous or not involving PLDT’s employees); epidemic or pandemic.
operation of all equipment used in the provision of the Service. b. In the event of disconnection of Service arising from force majeure, PLDT shall endeavor to restore the Service as
g. Provide due care to all PLDT-owned equipment installed in its offices (the “Customer Premises Equipment” or “CPE”). soon as possible, subject to its discretion in the allocation of available resources.
The Customer shall be liable for any loss or damage to such Customer Premises Equipment upon completion of 13. Indemnification
installation thereof by PLDT unless such loss or damages are directly due to causes beyond the Customer’s The Customer agrees to defend, indemnify and hold PLDT, its directors, officers and employees, free and harmless from
reasonable control. and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any
h. Ensure that it and its representatives shall not assign, transfer, sublease, charge or otherwise part with the CPE; violation of applicable laws, regulations or these Terms and Conditions by the Customer (or any party using the
neither shall the Customer permit any extension of the Service whether or not said extension may cause damage or Customer’s account, with or without the Customer’s permission, to access the Service); (b) the use of the Service or the
interference to the Service, without prior written consent and approval of PLDT. placement or transmission of any message, information, software or other materials using the Service by the Customer
i. Provide its own additional protection to its system against external attacks/hacks. In the event of such occurrence, it (or any party using the Customer’s account, with or without the Customer’s permission, to access the Service); (c)
is the Customer’s responsibility to investigate the matter with the proper assistance of PLDT or its subsidiaries and/or negligent acts, errors, or omissions by the Customer’s (or any party using the Customer’s account, with or without the
affiliates. Customer’s permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any
3. Applicable Prices and Taxes property, which may in any way arise out of or result from or in connection with these Terms and Conditions, except to
a. Prices quoted are based on initial network design/configuration presented, and may be subject to change depending the extent that such liabilities arise from the act, negligence or willful misconduct of PLDT; or (e) claims for
on the final network configuration determined during the actual survey. PLDT shall inform the Customer of any infringement of any intellectual property rights arising from the use of the Service, any software, or the Internet.
change in the network configuration and seek prior approval for any change in price from the original proposal as a 13. Limitation of Liability
result of the difference between the network design/configuration presented and the actual configuration. Should In no event shall PLDT be liable for any loss of revenue, business opportunity or business advantage, loss of use,
the Customer not approve the change in initial network design/configuration and price, PLDT and the Customer shall interruption of business, any indirect, incidental, special or consequential damages, even if PLDT has been advised of
negotiate to achieve a mutually acceptable solution. the possibility of such claims.
b. Unless otherwise indicated, the prices quoted in the Proposal are exclusive of the 12% Value Added Tax 14. Acceptable Use Policy for Enterprise Broadband Service
(“VAT”)/Overseas Communications Tax (“OCT”). Applicable taxes may apply for services provided by foreign carriers The Customer shall use the Service in accordance with applicable law, including relevant regulations, ordinances, orders
(applies to international services only). or decrees; and with morals, customs and public policy and shall ensure that its use thereof shall not adversely affect,
c. customers claiming tax exemptions, the necessary exemption certificates and/or documents shall be submitted prior interfere with or disrupt the use of the Service by other parties or the manner by which PLDT provides the Service or
to installation of the Service. any other services to others.
d. In addition, the price shall be subject to fulfillment by the Customer of the special conditions (if any are specified in 15. Violation of Acceptable Use Policy
the Proposal) pursuant to which PLDT offered such price. Non-fulfillment by the Customer of such special conditions a. PLDT will respond appropriately in the event that it becomes aware of any Unauthorized Use or use of the Service in
shall entitle PLDT to amend the price of the Service. violation of the aforementioned Acceptable Use Policy. PLDT and its various affiliates and partners reserve the right to
4. Installation and Lead-times monitor bandwidth, usage and content from time to time to operate the Service to identify violations of the
Installation and activation of the Service shall be based on the mutually agreed Ready For Service (“RFS”) date as Acceptable Use Policy, and/or to protect the network and PLDT users.
indicated in the Proposal. The projected installation and activation lead time is determined on the basis of the location of b. PLDT shall advise the Customer of any inappropriate behavior and take any necessary corrective action. However, if
the Customer’s site (whether the site is within or outside PLDT’s franchise area) and whether the provision of the Service the Service is used in a way which PLDT, in its sole discretion, believes is violative of the Acceptable Use Policy, PLDT
in the Customer’s site requires the construction and installation of additional or new facilities. may take any immediate responsive action it deems appropriate. Such actions include, but are not limited to,
5. Delivery of Equipment; Acceptance of the Service temporary or permanent removal of content and the immediate suspension or termination of all or any portion of the
a. Upon delivery of the CPE to the Customer’s designated site, the Customer shall sign an Endorsement of Property and Service. PLDT shall not be liable for any such responsive actions and such acts shall be without prejudice to any action
Service (“EPS”) form to acknowledge receipt of the CPE. available to PLDT under these Terms and Conditions, the law or in equity in order to recover any and all damage/s
b. Upon activation of the Service and conclusion of PLDT’s testing thereof based on PLDT’s parameters, the Customer suffered by PLDT arising from the violation of the Acceptable Use Policy.
shall cause its duly authorized or designated representative(s) to sign PLDT’s Acceptance of Service Form (“ASF”). If, c. PLDT reserves the right to investigate suspected violations of the Acceptable Use Policy, including the gathering of
for any reason whatsoever, PLDT shall not hear from the Customer or receive the signed ASF within seven (7) days information from the user or users involved and the complaining party, if any, and the examination of any information
from date of endorsement of the form, PLDT shall assume that the Service is working, deemed accepted and billable. on PLDT’s servers and network. During an investigation, PLDT may suspend the Service of the Customer and the
PLDT shall therefore take this as commitment on the Customer’s part to pay/settle necessary billing Customer hereby authorizes PLDT to cooperate with (i) law investigation authorities in the investigation of suspected
components/charges for the Service as set forth in the Proposal. criminal violations, and (ii) system administrators of other internet service providers or other network or computing
c. PLDT’s responsibility shall strictly relate to the Service as described in the Proposal only. PLDT expressly waives facilities in order to enforce the Acceptable Use Policy. Such operation may include PLDT providing the username, IP
liability for claims arising from internal hardware problems and software requirements of the Customer. address, or other identifying information about the Customer. Upon termination of an account, PLDT is authorized to
6. Payment Terms delete any files, programs, data and e-mail messages associated with such account.
a. Billing shall commence one (1) day after activation of the Service. Delivery and turn-over of PLDT Add-ons & Freebies 16. Representations and Warranties
(if any) shall not hinder the start of the Effective Billing Date of the Fixed Bundle Service. Each party represents and warrants to the other party that:
b. PLDT has the option to provide the bill for the Service using any media available such as, but not limited to, electronic a. It is a corporation duly organized and validly existing under the laws of the Republic of the Philippines and has all the
mail, or printed bill sent through courier or mail. legal power and authority to execute this Agreement and to carry out the terms, conditions and provisions hereof;
c. Payment must be remitted to PLDT within the stipulated due date as indicated in the bill. b. The Contract constitutes a valid, legal and binding obligation, enforceable in accordance with its terms;
7. Contract Period c. There are no actions, suits or proceedings pending, or to its knowledge, threatened, against or affecting it before any
a. The Contract term shall be based on the signed application form from the date of activation of the Service (“Contract court or administrative body or arbitral tribunal that might adversely affect its ability to meet and carry out its
Term”). obligations under the Contract;
b. If PLDT does not receive any written termination advice from the Customer sixty (60) days before the end of Contract d. The execution and delivery of the Contract has been duly authorized by all requisite corporate action, and will not
Term, the Contract Term shall be deemed automatically renewed for a period equivalent to the original Contract contravene any provision of, or constitute a default under, any other agreement or instrument to which it is a party or
Term. its property may be bound.
8. Cancellation of Order 17. Non-Waiver
In case of cancellation of order: Failure to enforce compliance with any term or condition of the Contract will not constitute a waiver of such term or
a. After installation but prior to acceptance of the Service, the Customer shall pay 100% of the total Contract value for condition of the Contract or the right to subsequently enforce such term or condition in the future. It is a corporation
the CPE that may be provided by PLDT and P2,500.00 to compensate PLDT for the costs incurred by it in the duly organized and validly existing under the laws of the Republic of the Philippines and has all the legal power and
installation works. authority to execute this Agreement and to carry out the terms, conditions and provisions hereof;
b. After installation and Service has been accepted, the Customer shall pay the standard Pre-termination charges as 18. Governing Law, Venue of Suits, Attorney’s Fees
stated in Section 9. a. The Contract shall be governed by and construed in accordance with the laws of the Philippines.
9. Pre-Termination of Contract b. In case any dispute arises in connection with these Terms and Conditions, the Parties shall promptly meet and exert
a. In case of pre-termination of Contract without fault on the part of PLDT: best efforts towards an amicable settlement of the dispute in good faith. In the event such dispute is not resolved
(1) The Customer is required to submit a written notice at least sixty (60) calendar days prior to the date of circuit amicably within a period of thirty (30) days from the date of its occurrence, the same may be resolved through legal
termination stating the reason/s for such request. action.
(2) Pre-termination charge equivalent to 100% of the unrealized Monthly Recurring Charges (MRC) for the unexpired c. In Cothe event of suit, venue shall exclusively be in Makati City, Metro Manila. In the event that either party is
Contract term will be imposed. compelled to seek judicial relief against the other party in order to enforce any or all of its rights under these Terms
(3) In addition, a de-installation charge amounting to the actual total expenses incurred (“De-installation Charge”) and nditions, the erring party, as determined by the proper court, shall, in addition to any other damages that may be
will be imposed. awarded by the court, hereby agrees to pay an amount equivalent to twenty-five percent (25%) of the amount
(4) Total pre-termination charge shall be computed as follows: claimed by the aggrieved party but shall in no case be less than Fifty Thousand Pesos (P50,000.00), as and by way of
Total Pre-termination Charge = (No. of months remaining in the contract x MRC) + De-installation Charge attorney’s fees, apart from the costs of litigation and other expenses which the law allows the aggrieved party to
b. Upgrading/Downgrading of Service within the Contract term: recover from the erring party.
(1) Upgrading within the Contract term is allowed, subject to an adjustment in the fees payable to PLDT for the 19. Data Privacy Policy
upgraded Service. However, downgrading is not allowed within the Contract term, unless the Customer pays pre- Whenever applicable, in performing its obligations under this Agreement, the PLDT Enterprise shall, at all times, comply
termination charges computed in accordance with the following formula: with the provisions of Republic Act No. 10173 or “the Data Privacy Act of 2012,” its implementing rules and regulations,
Pre-termination charge = (MRC under the original Contract - MRC of the downgraded Service) x No. of months of and all other laws and government issuances which are now or will be promulgated relating to data privacy and the
the original Contract. protection of personal information as provided in the Data Privacy Statement, attached as Annex “A” to this Agreement.
(2) It is understood that the Customer is still obligated to pay the MRC for the downgraded Service for the remainder
of the Contract term.
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ANNEX A – DATA PRIVACY POLICY
Whenever applicable, in performing its obligations under this Agreement, PLDT Inc. shall, at all times, comply with the provisions of
Republic Act No. 10173 or “the Data Privacy Act of 2012,” its implementing rules and regulations, and all other laws and government
issuances which are now or will be promulgated relating to data privacy and the protection of personal information. PLDT Inc., its officers,
employees, agents, and representatives, shall, among others:
a. Process personal data only upon the documented instructions of PLDT Enterprise including transfers of personal data to another
country or an international organization, unless such transfer is authorized by law;
b. Implement measures and systems such as clear written guidelines and training modules for its employees, agents, and
representatives, that will enable data subjects or subscribers to exercise any and all of their rights under the Data Privacy Act of
2012;
c. Implement such measures and systems that will allow data subjects or subscribers to exercise their right to object or
withhold consent to further processing as provided under the Data Privacy Act of 2012;
d. Implement such measures and systems that will allow data subjects or subscribers to exercise their right to access under
the Data Privacy Act of 2012;
e. Maintain proper records, and provide PLDT Enterprise access to such records, as will allow PLDT Enterprise to comply with
the exercise by data subjects or subscribers of their right to access under the Data Privacy Act of 2012;
f. Ensure that data subjects or subscribers will be able to exercise their right to rectification, modification, or blocking of
data under the Data Privacy Act of 2012;
g. Determine the appropriate level of security measures, subject to, and in conjunction with, that of PLDT Enterprise, taking
into account the nature of the personal information to be protected, the risks represented by the processing, the size of the
organization and complexity of its operations, current data privacy best practices, and cost of security implementation;
h. Implement security measures for data protection (i.e., generally, the physical, organization, and technical security
measures prescribed by the Data Privacy Act and its implementing rules and regulations), including policies for evaluation,
monitoring, and review of operations and security risks. These measures may include clear written guidelines, training modules for its
employees, agents, and representatives, and audit measures in relation to the (1) collection, processing, maintenance, and
deletion/disposal of personal data and records; and (2) the sharing of these information, especially on the specific persons to whom the
information may be given access. Such measures shall aim to maintain the availability, integrity, and confidentiality of personal data,
and prevent negligent, unlawful, or fraudulent processing, access, and other interference, use, disclosure, alteration, loss, and
destruction of personal data;
i. Implement reasonable and appropriate organizational, physical, and technical measures intended for the protection of
personal information against any accidental or unlawful destruction, alteration, and disclosure, as well as against any
other unlawful processing, or for such other purposes as may be required under the Data Privacy Act of 2012 or any other
applicable law or regulation;
j. Implement reasonable and appropriate measures to protect personal information against natural dangers such as
accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration, and
contamination;
k. Ensure that its employees, agents, and representatives who are involved in the processing of personal information
operate and hold personal information under strict confidentiality. This obligation shall continue even after their transfer to
another position or upon termination of their employment or contractual relations;
l. Not to engage another processor without prior instruction from PLDT Enterprise: Provided, that any such arrangement shall
ensure that the same obligations for data protection under this document are implemented, taking into account the nature of the
processing;
m. In case of data breach, promptly notify PLDT Enterprise within twenty-four (24) hours or earlier from the time of
discovery, to enable PLDT Enterprise to notify the National Privacy Commission and the affected data subject or
subscriber within the period prescribed under the Data Privacy Act of 2012, when sensitive personal information that may, under the
circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person, and PLDT
Enterprise, or the National Privacy Commission believes that such unauthorized acquisition is likely to give rise to a real risk of serious
harm to any affected data subject or subscriber;
n. Promptly inform PLDT Enterprise if, in its opinion, any instructions of PLDT Enterprise violates, or may be construed to
violate, any provision of the Data Privacy Act of 2012 or any other issuance of the National Privacy Commission;
o. Assist PLDT Enterprise in ensuring compliance with the Data Privacy Act of 2012, its implementing rules and
regulations, other relevant laws, and other issuances of the National Privacy Commission, taking into account the nature of
processing and the information available to PLDT Enterprise.
p. At the instruction of PLDT Enterprise, delete, destroy, or return all personal data to the former after the end of the
provision of services relating to the processing: Provided, that this includes deleting or destroying existing copies unless storage
is authorized by the Data Privacy Act of 2012 or another law;
q. Make available to PLDT Enterprise all information necessary to demonstrate compliance with the obligations laid down
in the Data Privacy Act of 2012, and allow for and contribute to audits, including inspections, conducted by PLDT Enterprise
or another auditor mandated by the latter; and
r. Include all the foregoing in the privacy and security policy of the PLDT (http://www.pldt.com/privacy-policy).
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