PARTIES. This Subscription Agreement, and the terms and conditions set forth below (“Terms”), govern the provision of service and equipment by ABS-CBN International (“ABS-CBN”) to the private individual(s), entity(ies), or corporation(s) (individually a “party” or collectively “parties”) identified herein or in the Subscription Application (the “Subscriber”). The Subscription Application Form (“SAF”) and this Standard Terms and Conditions are collectively referred to as “the Agreement”. The Subscriber acknowledges and represents that he/she, or in case of an entity or corporation, its authorized representative, has read and understands the Agreement, is at least eighteen (18) years of age and competent to enter into the Agreement, has the authority to use the credit card(s) provided for billing and deposit purposes, agrees to be bound by the Agreement, and agrees that others in the Subscriber’s household, corporation or entity agree to be bound by the Agreement, as it may be amended by ABS-CBN from time to time, in its sole discretion. The Subscriber hereby acknowledges that he/she has read and understood the terms and conditions of this Agreement and agrees that his/her signature on the SAF and/or Subscriber’s use of the Service constitutes its acceptance to be bound by this Agreement.
SUBSCRIPTION PERIOD; SUBSCRIPTION FEES. The minimum initial subscription period for new subscribers shall be one (1) year from date of the activation of the Set Top Box (“STB”) (“Initial Period”). The Subscriber may request the activation of the STB either through: (a) an authorized ABS-CBN dealer; (b) ABS-CBN’s Call Center; (c) ABS-CBN’s automated interactive voice response system (IVR); or (d) Automatic Activation (as defined herein). If not activated sooner, the STB shall be automatically activated on the eighth (8) calendar day from customer’s receipt thereof (an “Automatic Activation”). The activation date of the STB shall be the date when the Subscriber requests the STB to be activated through any of the means provided in
(a), (b) or (c) above, or the date of Automatic Activation, whichever comes first (“Activation Date”). The Subscriber will also be charged the Activation Fee indicated in the SAF, unless waived or reduced by ABS-CBN in its sole discretion or otherwise waived or reduced as specified in a specific promotion or offering by ABS-CBN.
During the Initial Period, (1) the monthly fee paid by the Subscriber (the “Monthly Subscription Fee”) and Other Service Charges (as described below) shall be fixed at the rate specified by ABS-CBN at the time the Subscriber completes the SAF and enters into the Agreement based on the number of STB(s) and Package(s) chosen by the Subscriber (the “Initial Package”); (2) the Subscriber may switch or change a channel to another channel within his/her chosen Package (“Switch”) by calling the Call Center, provided that the Initial Period is maintained; (3) the Subscriber may not change his/her chosen package to another Package with a lower Monthly Subscription Fee (“Downgrade”). Switching becomes available at the 1st day of each month and can be triggered at any day within that month. The Subscriber can Switch only once in each month and such Switch will take effect within twenty-four (24) hours from the time the request is
After the Initial Period, (a) the subscription shall continue on a month to month basis until terminated or cancelled as provided for in this Agreement, and (b) the Monthly Subscription Fee shall be subject to increase(s) from time to time at the discretion of ABS-CBN.
Should the Subscriber fail to complete the Initial Period, or choose to terminate or cancel the subscription prior to the end of the Initial Period (except if the Subscriber cancels the subscription before the STB is activated or within 30 days from Activation Date), the Subscriber shall pay to ABS-CBN an Early Termination Fee as described below in the Other Fees schedule, in addition to forfeiting all deposits previously made. In this case, ABS-CBN reserves the right to require the Subscriber to return any STB(s) to ABS-CBN and will provide Subscriber with a return label, postage prepaid, to be used for this purpose. Any failure to or delay in return of the STB will require Subscriber to pay the STB Return Fee as described below in the Other
Should the Subscriber cancel the subscription prior to Activation Date or within thirty (30) days from Activation Date, the Subscriber shall, within thirty (30) days from cancellation of the subscription, return the STB(s) to ABS-CBN in the same working condition as when it was received from ABS-CBN, normal wear and tear excepted, and pay ABS-CBN the STB Restocking Fee, as described in the Other Fees schedule and, if applicable, the STB Return Fee, for each STB. ABS-CBN will refund prepayment, if any, to the Subscriber after deducting the STB Restocking Fee and/or the STB Return Fee(s), as applicable. If prepayment amount is less than the applicable Restocking Fee or STB Return Fee(s), the difference will be charged to the Subscriber.
In addition to Monthly Service Fees and Other Service Charges, certain “Other Fees” may apply in particular circumstances. The Subscriber shall be liable to pay such Other Fees upon receiving
notice from ABS-CBN that ABS-CBN has, in its sole discretion, determined that the circumstances described below apply. The amount of each Other Fee is subject to change annually:
|Other Fee||Description of circumstances when payable by Subscriber||Amount|
|Dishonor Fee||Payable by Subscriber when his/her payment (credit card or check) is dishonored by the applicable bank, and a fee is charged to ABS-CBN in connection with such dishonored payment.||$25.00|
|Early Termination Fee||– Payable by Subscriber who cancels his/her Subscription and this Agreement prior to the end of the Initial Period (other than where cancellation occurs before the STB is activated or up to 30 days from the Activation Date). – Payable by Subscriber when ABS-CBN terminates this Agreement with Subscriber prior to the end of the Initial Period because of an Event of Non-Payment (defined below) or, where such termination complies with applicable law, upon the occurrence of any of the events which entitles ABS-CBN to terminate the subscription and/or this Agreement under nos. 1 to 9 on Termination of Agreement specified below. – The Early Termination Fee reflects the fact that ABS-CBN has waived certain charges and/or afforded the Subscriber a discount on the offer price of the Monthly Subscription Fee and Other Service Charges based on Subscriber’s agreement to remain a Subscriber of the Service for at least one(1) year.||$125.00|
|Reauthorization Fee||Payable by Subscriber when his/her Service has been suspended or deactivated due to an Event of Non-Payment, and Subscriber and ABS-CBN agree that the Service may be reactivated.||$30.00|
|STB Restocking Fee||Payable by Subscriber who cancels the Service before the activation of the STB or within thirty (30) days after the Activation Date and returns the STB(s) to ABS-CBN within thirty (30) days from the date or cancellation, to compensate ABS-CBN for the costs of shipping and restocking each STB. Subscriber will pay a STB Restocking Fee for each STB restocked.||$30.00|
|STB Return Fee||– Payable by Subscriber for each STB if ABS-CBN requires the Subscriber to return the STB(s) hereunder and Subscriber fails or refuses to return the STB(s) within thirty (30) days from the date when the Agreement is cancelled, terminated or expires. – Payable by Subscriber, with respect to each damaged or defective STB(s) that ABS-CBN requires the Subscriber to return, if Subscriber fails or refuses to return the STB(s) within thirty (30) days from ABS-CBN’s request. – Payable by Subscriber for each STB where Subscriber cancels or terminates his/her Subscription and fails or refuses to return the STB(s) within thirty (30) days the date of cancellation or from ABS-CBN’s request. – Payable by Subscriber for each STB in the event ABS-CBN cancels or terminates the Agreement under any of the instances specified under Termination of Agreement below, and Subscriber fails or refuses to return the STB(s) within thirty (30) days the date of cancellation or from ABS-CBN’s request.||$70.00|
BILLING AND COLLECTION. Billing Statements for charges relating to the Service (“Billing Statements”) will be generated on a monthly basis and issued to the Subscriber and will provide information including: the Monthly Subscription Fee(s) reflecting the number of STBs at the Subscriber Premises and the program packages selected by the Subscriber; Other Service Charges; any applicable Other Fees, previous balance; and payments and credits within the period covered. Subscriber may access his/her Billing Statement online at www.tfc-usa.com/customerportal or by toll-free phone call (1-877-884-6832). Any questions or discrepancies regarding amounts on any Billing Statement must be reported to ABS-CBN within thirty (30) days from the date of the Billing Statement. Failure to contact us within this 30-day period will be deemed to constitute acceptance of the Billing Statement and the charges therein. All currency amounts referred to in
this Agreement are in US currency (“US$”).
PAYMENT; NON-PAYMENT. Payments due from the Subscriber to ABS-CBN for the Service and for any other goods or services provided by ABS-CBN to the Subscriber, such as the Monthly Subscription Fees, Other Service Charges, and Other Fees, shall be made depending on Subscriber’s chosen payment method, as stated below:
For the Initial Payment:
The Initial Payment, equivalent to one (1) month subscription fee, is due upon signing the SAF and may be made through any of the following methods:
|a)||Through Subscriber’s credit card – The Subscriber shall enroll a valid credit card with ABS-CBN by filling-in the required details on the Subscription Form. Subscriber agrees to keep it valid for the Initial Payment. Subscriber authorizes ABS-CBN to present such charges to, and collect the Initial Payment from the issuing, processing and clearing agents of Subscriber’s credit card account. Subscriber also agrees that Subscriber be charged with bank charges and/or fees in relation to the transaction under this payment method.|
|b)||Through Subscriber’s bank account –Subscriber shall provide a valid and active checking account number and the routing number on the Subscription Form and authorizes ABS-CBN to debit the Initial Payment on such account. Subscriber also agrees that Subscriber be charged with bank charges and/or fees in relation to the transaction under this payment method.|
|c)||Through ABS-CBN’s authorized dealer/s and agent/s – Subscriber shall indicate the name of the authorized dealer or agent of ABS-CBN to which the Initial Payment will be made and to which the Subscriber submits the signed Subscription Application Form.|
|d)||At ABS-CBN Offices –Subscriber shall pay through check, money order, cash, credit/debit card or any other means authorized by or acceptable to ABS-CBN, at an ABS-CBN office during business hours.|
For Succeeding Monthly Subscription Fees and Other Service Charges:
Subscriber shall indicate in the Subscription Application Form the complete, accurate and current address of the Subscriber where ABS-CBN will send the monthly Billing Statements for the Service (the “Billing Address”). ABS-CBN shall send monthly Billing Statements to the Subscriber at the Billing Address, which will indicate, among others, the Monthly Subscription Fee, previous balance (if any), Other Service Charges, Other Fees, other charges and/or adjustments due (if any) and payments made by Subscriber within the period covered. The Subscriber must pay in full the amount due on or before the Due Date indicated in the Billing Statement. Should Subscriber wish to dispute in good faith any amount on the Billing Statement, Subscriber must notify ABS-CBN of such dispute within thirty (30) days from date of Billing Statement. If ABS-CBN has not received notice of any dispute during such period, the amounts stated on the Billing Statement will be deemed accepted. Monthly Subscription Fees, Other Service Charges, Other Fees (and other fees and charges, if any) after the Initial Payment may be made through any of the following payment methods:
|a)||Through Subscriber’s credit card –The Subscriber shall enroll a valid credit card with ABS-CBN by filling-in the required details on the Subscription Application Form at the inception of this Agreement, and agrees to keep a valid credit card enrolled with ABS-CBN at all times for payment of the Monthly Subscription Fee, Other Service Charges, Other Fees and any charges incurred by the Subscriber in connection with the Service and any goods or services provided by ABS-CBN. Subscriber also agrees that Subscriber be charged with bank charges and/or fees in relation to the transaction under this payment method. In the event of termination or suspension of the validity or effectiveness of the Subscriber’s enrolled credit card, the Subscriber agrees to immediately notify ABS-CBN and enroll a valid, effective substitute credit card with ABS-CBN. In the event that any amount due under a Billing Statement or any charge incurred by the Subscriber is not timely or fully paid on or before Due Date after presentment to the issuing, processing and/or clearing agents for the Subscriber’s credit card and such amount is not subject to a good faith dispute (“an Event of Non-payment”), the Subscriber must immediately pay in full all amounts due to ABS-CBN through any of the allowed payment methods herein.|
|b)||Through Subscriber’s bank account – Subscriber shall provide a valid, existing and active checking account number and the routing number on the Subscription Application Form and agrees to maintain such checking account funded at all times for payment of the Monthly Subscription Fee, Other Service Charges, Other Fees and any charges incurred by the Subscriber in connection with the Service and any goods or services provided by ABS-CBN. Subscriber also agrees that Subscriber be charged with bank charges and/or fees in relation to the transaction under this payment method. In the event of termination or insufficient funding of Subscriber’s enrolled bank account, the Subscriber agrees to immediately notify ABS-CBN and enroll a valid, effective substitute bank account number with ABS-CBN. In the event that any amount due under a Billing Statement or any charge incurred by the Subscriber is not timely or fully paid on or before Due Date through Subscriber’s bank account and such amount is not subject to a good faith dispute (also an “Event of Non-payment”), the Subscriber must immediately pay in full all amounts due to ABS-CBN through any of the allowed payment methods herein.|
|c)||At ABS-CBN Offices –Subscriber shall timely settle and pay in full any and all amounts due from Subscriber on or before the Due Date indicated in the Billing Statement to ABS-CBN through check, money order, cash, credit/debit card or any other means authorized by or acceptable to ABS-CBN, or at ABS-CBN offices during business hours. In the event that any amount due under a Billing Statement or any charge incurred by the Subscriber is not timely or fully paid on or before Due Date and such amount is not subject to a good faith dispute (also an “Event of Non-payment”) the Subscriber must immediately pay in full all amounts due to ABS-CBN through any of the allowed payment methods herein.|
EVENT OF NON-PAYMENT. In the event that any amount due to ABS-CBN as an Initial Payment, a Monthly Subscription Fee, Other Service Charges, Other Fee or any other charge or fee on a Billing Statement to the Subscriber is not timely and fully paid on or before Due Date (“an Event of Non-payment”), the Subscriber must immediately pay in full all amounts due to ABS-CBN through one of the permitted payment methods. ABS-CBN reserves the right to suspend or terminate the delivery of the Service to the Subscriber immediately upon such an Event of Non-payment.
After an Event of Non-Payment, ABS-CBN may, at its sole discretion and in accordance with applicable law: (a) refer Subscriber’s unpaid account to a collection agency or a debt collector for the purpose of collecting overdue accounts; (b) report the matter to the appropriate credit rating agencies/bureaus, and/or (c) commence legal proceedings to collect the full amounts owed to ABS-CBN.
In a situation where a Subscriber has multiple STBs, an Event of Non -Payment related to any of a Subscriber’s STBs (a Monthly Subscription Fee, Other Service Charges or any other charge or fee, including any STB Restocking Fee, STB Return Fee or Other Fee) shall be deemed to be an Event of Non-Payment for the Subscriber’s account generally and ABS-CBN reserves its right to exercise its available remedies with respect to the overall account, including the other STBs.
SERVICE AND SET TOP BOX (“STB”). To enable the Subscriber to receive the signals containing the audio-visual and/or radio programming services to be provided to Subscriber under the Agreement (the “Service”) which is delivered via Internet protocol television (“IPTV”), ABS-CBN shall provide the Subscriber one or more STB(s), as ordered by Subscriber on the SAF. One STB is required for each screen receiving the Service. The Service shall include scheduled and/or on-demand programming on one or more channels, as further set out in the Package description selected by the Subscriber on the SAF, for the applicable monthly charge (the “Monthly Subscription Fee”). The Subscriber may also choose to receive pay-per-view movies, programs or content, other individual programs, or other products and services for amounts identified on the applicable rate schedule (the “Other Service Charges”). The Subscriber shall not purchase an STB or be charged the cost of the STB(s), except as otherwise provided in this Agreement, but shall shoulder the cost for shipping, delivery, and installation (if applicable) of the STB indicated in the SAF, unless waived or reduced by ABS-CBN in its sole discretion or otherwise waived or reduced as specified in a specific promotion or offering by ABS-CBN. The STB shall be installed by the Subscriber following directions provided by ABS-CBN, and shall be kept at the premises of the Subscriber as indicated by Subscriber in the SAF (the “Subscriber Premises”). The STB shall not be moved from the Subscriber Premises, nor used to receive any programming or other service, other than the Service, nor for any purpose not expressly permitted by the Agreement, without the prior written consent of ABS-CBN. The mere delivery or possession of the STB does not give Subscriber the right to receive the Service unless the STB is activated and Subscriber has paid and continues to pay the appropriate Monthly Subscription Fee and Other Service Charges as applicable. The STBs are and shall remain property of ABS-CBN during the term of this Agreement and after expiration or termination thereof.
If the Subscriber cancels the subscription before activation of the STB, or within thirty (30) days from Activation Date, the Subscriber shall, within thirty (30) days from the date of cancellation of the subscription return the STB(s) to ABS-CBN in the same working condition as when it was received from ABS-CBN, normal wear and tear excepted, and pay a STB Restocking Fee for each STB. For this purpose, ABS-CBN shall send the Subscriber a return label, postage prepaid, through which Subscriber shall return the STB to ABS-CBN. If the Subscriber fails or refuses to return the STB(s) within thirty (30) days from the date when the subscription is cancelled, the Subscriber will pay ABS-CBN the STB Return Fee for each unreturned STB(s).
ABS-CBN reserves the right to require the Subscriber to return the STB to ABS-CBN in the same working condition as when it was received from ABS-CBN, normal wear and tear excepted, after the subscription or this Agreement is cancelled, terminated (whether by Subscriber or ABS-CBN, whether during or after the Initial Period) or expires. If ABS-CBN requires the Subscriber to return the STB(s) hereunder and Subscriber fails or refuses to return the STB(s) within thirty (30) days from the date when the Agreement is cancelled, terminated or expires, the Subscriber will pay ABS-CBN the STB Return Fee for each unreturned STB(s).
If the STB is or becomes defective, the Subscriber shall notify ABS-CBN promptly. ABS-CBN, at its sole option, will repair or replace the defective STB. It will be repaired or replaced free of charge, at the option of ABS-CBN, provided that it has been used in accordance with any operating instructions and guidelines distributed with the STB or as ABS-CBN may advise the Subscriber from time to time, and has not been mishandled or altered in any way or used for any purpose not expressly permitted by the Agreement. Costs of transporting the defective STB (if required to be returned by ABS-CBN) and the replacement STB to and from the Subscriber’s Address and the offices or authorized distributors of ABS-CBN shall be borne by the ABS-CBN.
If the damaged or defective STB qualifies for replacement, the Subscriber may be required by ABS-CBN, at its sole option, to return the STB to ABS-CBN. For the return of the STB, ABS-CBN shall send the Subscriber a return label, postage prepaid, through which Subscriber shall return the STB to ABS-CBN. Costs of transporting the replacement STB to and from the offices of ABS-CBN shall be borne by ABS-CBN. If ABS-CBN requires the Subscriber to return the damaged or defective STB(s) hereunder and Subscriber fails or refuses to return the STB(s) within thirty (30) days from ABS-CBN’s demand, the Subscriber will pay ABS-CBN the STB Return Fee for each unreturned STB(s).
THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR QUALITY OF THE SERVICE, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED, WITH THE EXCEPTION OF, AND ONLY TO THE EXTENT THAT, THOSE WARRANTIES CANNOT BE LEGALLY EXCLUDED IN CERTAIN JURISDICTIONS.
RESALE OF STB. The sale, transfer or rental of the STB by Subscriber to any other person, whether for use in connection with the Service or otherwise, is strictly forbidden.
EXPORT CONTROL LAWS. Notice is hereby given to the Subscriber that the transfer of the STB, and its resident technology and software, may violate applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
CARE AND USE OF STB. The Subscriber shall at all times observe proper care and maintenance of the STB and shall ensure that the requirements for the STB’s use, storage and maintenance as provided in any operating instructions and guidelines distributed with the STB or as ABS-CBN may advise the Subscriber from time to time are properly complied with. The Subscriber shall not, under any circumstances, (a) alter, tamper with or disassemble the STB, reproduce or allow the reproduction of any of the technology included therein, or take any other action that would constitute piracy or any infringement of the intellectual property rights of ABS-CBN or any third party, or assist in piracy or any infringement of the intellectual property rights of ABS-CBN or any third party, (b) use the STB to receive any programming or other service, other than the Service, (c) use the STB for the unauthorized reception of the Service, or (d) use the STB for any purpose not expressly permitted by the Agreement. Any repair or maintenance of the STB shall be performed only by the manufacturer or by a service provider authorized by ABS-CBN to perform such maintenance.
AUTHORIZED USE. Use of the Service or its content in any manner not expressly permitted by the Agreement is strictly prohibited, may infringe on the intellectual property rights of ABS-CBN, content providers or others, and may subject the Subscriber and/or the unauthorized user to civil and criminal penalties, including possible monetary damages, for copyright infringement. The payment of the Monthly Subscription Fee entitles the Subscriber only to receive and view the Service as provided by ABS-CBN, in compliance with the Agreement. The Subscriber shall not resell, share, give away, redistribute, sublicense, allow the use of, or otherwise distribute or transmit or permit the distribution or transmission of the Service to any location or person outside the Premises, or authorize others to receive, transmit or exhibit by any means, whether now known or hereafter devised, the Service or any part thereof, provided that the Subscriber may view the Service remotely in compliance with procedures and security regulations prescribed by ABS-CBN from time to time so long as the Subscriber imposes no charge on and collects no money or thing of value from any other person for viewing the content of the Service. Nor shall the Subscriber record, tape, copy, transcribe or otherwise store or reproduce any portion of the Service, provided that the Subscriber may record or store content from the Service on digital video recording devices or similar devices within the Premises so long as any such content is recorded or stored only for the viewing or listening enjoyment of the Subscriber or other occupants of the Subscriber’s Premises and that the Subscriber imposes no charge on and collects no money or thing of value from such persons for viewing the recorded or stored content. If the Subscriber becomes aware of any unauthorized reception, transmission or exhibition by any person of the Service or any part thereof, the Subscriber shall immediately notify ABS-CBN and take all steps reasonably necessary (including all steps reasonably requested by ABS-CBN) to prevent such unauthorized use or reproduction of the Service.
ASSIGNMENT/TRANSFERS. The Subscriber shall not transfer the subscription established by the Agreement to any other person without the prior written approval of ABS-CBN.
SUSPENSION OF ACCESS TO SERVICES. Without prejudice to its right to terminate the Agreement as provided below, ABS-CBN may cut-off the signal for the Service or otherwise suspend the Subscriber’s access to the Service, with or without notice to the Subscriber, if by reason of any act or omission directly or indirectly attributable to the Subscriber, including ABS-CBN’s inability to access, enter and inspect the Subscriber’s Premises:
a. ABS-CBN reasonably believes that the Subscriber is in breach of the Agreement;
b. it becomes necessary to protect against unauthorized use of proprietary information or technology in the STB;
c. ABS-CBN becomes aware that any part of the STB is lost or stolen, or is being used or has been relocated outside the Subscriber Premises;
d. ABS-CBN becomes aware that the STB is being used to receive any programming or other service, other than the Service; or
e. it may be required to comply with or avert any violation of any law or regulation.
ABS-CBN also may suspend delivery of the Service at such times and for such periods as may be necessary for ABS-CBN’s maintenance, repair or management of the Service and the equipment over which the Service is transmitted, or due to interruptions in transmission by intermediate networks and facilities over which the Service is provided to Subscriber.
ABS-CBN also may suspend delivery of the Service at such times and for such periods where there is an Event of Non-Payment.
EFFECTS OF SUSPENSION. If the Subscriber’s access to the Service is suspended for any of the causes specified above, the Subscriber shall continue to be liable for payment of the Subscription Fee and ABS-CBN shall not reinstate that access unless and until ABS-CBN determines, in its sole discretion, that the circumstances giving rise to the suspension have been resolved to its satisfaction. If ABS-CBN agrees to reinstate the Subscriber’s access to the Service, the fact that such access has been interrupted during the subscription period will not postpone the date on which the subscription period is due to expire.
VOLUNTARY SUSPENSION OF SERVICE BY THE SUBSCRIBER. After the Initial Period, the Subscriber may voluntarily request suspension of the Service upon at least fifteen (15) days written notice to ABS-CBN prior to the intended date of suspension. ABS-CBN shall consider the request and approve it or not, in its discretion. If the Subscriber’s request for suspension of the Service is approved, the Subscriber shall be relieved of its obligation to pay the Monthly Subscription Fee corresponding to the approved period during which the Service is suspended (the “Suspension Period”), provided that the Subscriber may suspend the Service for a maximum period of thirty (30) days only. The Service will be automatically activated after the Suspension Period and the Subscriber shall resume payment of the Monthly Subscription Fees after the Suspension Period.
TERMINATION OF AGREEMENT. The Subscriber’s access to the Service and this Agreement may be terminated by ABS-CBN, effective immediately, with notice to the Subscriber upon occurrence of any of the following:
In addition to the above, ABS-CBN reserves the right to terminate this Agreement and the Subscriber’s access to the Service in the event that it (a) discontinues offering the Service in the Subscriber’s area or in the United States; or (b) discontinues offering the Service through the STB, by giving Subscriber at least thirty (30) days written notice prior to the intended effectivity of the termination of the Agreement and/or discontinuation of the Service. In this case, ABS-CBN will refund to the Subscriber any pre-paid amount, if any, less any other charges or fees payable or due on the Subscriber’s account(s).
Consequences of Termination. If ABS-CBN terminates the Agreement as provided above:
CANCELLATION OF SERVICE AND TERMINATION OF AGREEMENT BY SUBSCRIBER.
CONTACT NUMBERS AND ADDRESSES. The Subscriber agrees to, without delay, notify ABS-CBN directly of any change in his/her/its contact details provided in the Subscription Application or the Agreement. ABS-CBN shall not be responsible for any disconnections, charges, fees, etc., resulting from the Subscriber’s failure to timely inform ABS-CBN of any such change.
LIMITATION OF LIABILITY. SUBSCRIBER HEREBY (a) AGREES
THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, NEITHER ABS-CBN NOR ITS SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, SHALL HAVE ANY LIABILITY TO THE SUBSCRIBER OR HIS/HER/ITS CUSTOMERS, RELATIVES OR RELATIONS OR OTHER PARTIES CLAIMING THROUGH THEM WITH RESPECT TO ANY INTERRUPTION, FAILURE OR LOSS IN THE TRANSMISSION OR RECEPTION OF THE SERVICE, OR FOR ANY CLAIM RELATING TO UNAUTHORIZED ACCESS OR DAMAGE TO THE SUBSCRIBER’S EQUIPMENT, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, AND (b) WAIVES ANY RIGHT OR REMEDY IT MAY HAVE AGAINST ABS-CBN AS A RESULT OF ANY SUCH INTERRUPTION, FAILURE OR LOSS OF SIGNAL OR SERVICE. FURTHER, ABS-CBN SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES OR LOSS OF PERSONAL PROPERTY), OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND THE SUBSCRIBER WAIVES ALL RIGHTS THAT IT OTHERWISE MAY HAVE OR HAVE HAD IN RESPECT THEREOF WHETHER PURSUANT TO THE AGREEMENT, ANY LAW OR OTHERWISE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ABS-CBN HAS SET ITS PRICING FOR THE SERVICE AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
NO REFUND. ABS-CBN shall have no obligation to refund any paid Monthly Subscription Fee for any interruption, failure or loss of signal due to force majeure including, but not limited to, acts of God, war, civil disturbance, satellite failure, riots, strikes, work stoppage, acts of terrorism, interruptions caused by third parties or third parties’ facilities, or any other cause beyond the reasonable control of ABS-CBN. Neither shall ABS-CBN be obliged to refund any paid Monthly Subscription Fee upon cancellation of the Service due to any cause that would give rise to ABS-CBN’s right to terminate or suspend the Agreement as provided herein.
INDEMNITY. The Subscriber agrees to indemnify and hold harmless ABS-CBN, and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost or expense (including without limitation reasonable attorneys’ fees) arising out of or related to the Subscriber’s use of the Service, any actions taken by the Subscriber in connection with use of the Service, any violation of any third party’s rights, any violation of law or regulation, or any breach of the Agreement. This section will not be construed to limit or exclude any other claims or remedies that ABS-CBN may assert under the Agreement or applicable law.
PRIVACY. The Subscriber expressly agrees that any personal information provided by the Subscriber to ABS-CBN in connection with his/her/its subscription to the Service and any information collected by ABS-CBN concerning the Subscriber’s receipt and use of the Service (“Information”) will be used by ABS-CBN and its agents, service providers, and vendors to administer the Subscription including without limitation for billing purposes (including to collect and recover any unpaid amounts), to provide the Service, to customize advertising sent to the Subscriber, to fulfill requests for the STB, the Service and any other products and services ordered by the Subscriber, to improve ABS-CBN’s services to the Subscriber, to conduct market research and analysis based on anonymized data and to report the results thereof to internal and external clients, affiliated or related companies and/or partners of ABS-CBN (“Affiliates”), to manage customer relations and for its customer loyalty program, to disclose the Information in connection with the transfer by ABS-CBN of its business to any successor, and to contact the Subscriber for or in regard to any of the foregoing purposes. If agreed by the Subscriber on the Subscription Application Form or the Agreement, ABS-CBN and the Affiliates may use the information provided in the Subscription Application Form or the Agreement to inform the Subscriber about other programs, products and services of ABS-CBN and its Affiliates such as promotional offerings, new products and new services, and to send newsletters and announcements to the Subscriber, including communications via email.
USE OF SUBSCRIBER PERSONAL INFORMATION. ABS-CBN does not rent, sell, provide or share Information with other people or third party companies except to provide products or services requested by the Subscriber, and/or as expressly allowed under the Agreement. ABS-CBN shall not use the Subscriber’s Information beyond the purposes and conditions specified in the Agreement without the Subscriber’s permission. If the Subscriber wants to revoke the permission previously granted for use of Information, notice must be sent to ABS-CBN in writing at the address specified below. Until and unless ABS-CBN receives such written notice revoking the permission granted herein, the Subscriber agrees and confirms that ABS-CBN may continue using the Information in accordance with the Agreement.
YOUR CALIFORNIA PRIVACY RIGHTS. California Civil Code Section 1798.83 permits customers of Company who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please call 1.877.884.6832.
INJUNCTIVE RELIEF. The Subscriber acknowledges and agrees that the rights of ABS-CBN are of a special, unique and extraordinary character that gives them a particular value, the loss of which cannot be reasonably or adequately compensated in damages in any action at law, and that a breach of this Agreement by the Subscriber will cause ABS-CBN immediate and irreparable injury and damage. The Subscriber therefore expressly agrees that, in the event of a breach or threatened breach of the Agreement or any part thereof by the Subscriber, ABS-CBN shall, at its discretion, be entitled to injunctive and other equitable relief against the Subscriber to end or prevent such breach and to secure enforcement of the Agreement. Resort to such equitable relief, however, shall not be construed as a waiver of any other rights or remedies that ABS-CBN may have for damages or other relief. In any action brought by ABS-CBN to enforce its rights under the Agreement in which ABS-CBN substantially prevails, ABS-CBN shall be entitled to recover its costs of bringing such action, including reasonable attorneys’ fees.
WAIVERS. No course of dealing between the parties or delay or omission on the part of either party in exercising any rights under the Agreement, or under applicable law, shall operate as a waiver of any such rights. A waiver by any party in any instance shall not constitute a waiver in any other instance. All remedies and rights hereunder or under applicable law shall be cumulative, and none of them shall be in limitation of any other remedy or right of either party. No waiver, amendment or modification of the Agreement shall be effective unless in writing and signed by the party against whom the waiver, amendment or modification is sought to be enforced.
GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of California (but excluding its choice of law provisions) and the federal laws of The United States applicable therein. The parties hereto agree to submit to the jurisdiction of courts in the state of California.
COMPLETE AGREEMENT/SEVERABILITY. The Agreement, as comprised of Subscription Application Form, this Agreement and its Terms and Conditions, constitute the complete and entire statement of all terms, conditions and representations of the agreement between the Subscriber and ABS-CBN with respect to its subject matter and supersede all prior writings or understandings. The Subscriber agrees that the terms of the Agreement, and the operating procedures and guidelines for the Service, may be amended by ABS-CBN from time to time by ABS-CBN delivering to the Subscriber via email notice of any such amendment, and that the Subscriber’s sole remedy, in the event of disagreement with any such change, is to terminate the Service pursuant to the provisions of the Agreement.
Each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision or part of a provision of the Agreement shall be held to be invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement, and the remaining provision(s) shall be construed so as to most fully enforce the original intent of the parties.
ABS-CBN RESERVES THE RIGHT TO MODIFY OR AMEND THIS SUBSCRIPTION AGREEMENT FROM TIME TO TIME AS NECESSARY. WE WILL NOTIFY OUR SUBSCRIBERS THAT THE TERMS OF OUR SUBSCRIPTION AGREEMENT HAVE CHANGED. UNLESS OTHERWISE NOTED, ALL CHANGES WILL BE EFFECTIVE THIRTY (30) DAYS AFTER OUR NOTIFICATION OF THE CHANGE OF OUR TERMS THROUGH THE STB, OUR WEBSITE, OR VIA E-MAIL OR MAIL. YOUR CONTINUED USE OF OUR SERVICE FOLLOWING NOTIFICATION OF THESE CHANGES WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO MATERIAL CHANGES TO THIS SUBSCRIPTION AGREEMENT WILL APPLY RETROACTIVELY.
A minimum speed of 2 Mbps is required for the Service to run efficiently. While ABS-CBN tries to ensure uninterrupted Service to all of its customers, video buffering may be experienced depending on the Subscriber’s broadband provider’s network especially during peak hours when the high volume of users often results in slower internet connection. Please call our Technical Support Hotline at 1-888-216-1671 or email [email protected] if you have any issues.
NOTICES: Please send notices to:
2001 Junipero Serra Blvd. Suite 200 Daly City CA 94014
Email: [email protected]
Revised, May 16, 2017