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Terms Condition

STATEMENT OF ACCOUNT (SOA) DELIVERY AGREEMENT

Your account will be automatically enrolled in paperless billing.

You will receive your monthly eStatement notification in our customer system (system.boholtechdoctor.com/crm/) by logging in the email address you provided.

By agreeing to the Terms and Conditions, I hereby authorize Bohol Tech Doctor Fiber Fast. (BTD) to send me my Statement of Account (SOA) three (3) calendar days after the Statement Date as well as any other notices by electronic mail (email) at the email address I specified in this form or such other email address which I may notify BTD in writing. BTD shall be deemed to have validly sent the SOA, and the SOA shall be deemed received, at my email address provided the same is sent at the email address I provided BTD. I will hold BTD free and harmless from any liability for my failure to receive the SOA despite it being sent to my email address. I understand that I will not be receiving a printed copy of my SOA. NOTE: This SOA Delivery Agreement applies to all new subscriptions for Fiberfast Wireless internet service with broadband.

BTD FIBERFAST DATA SERVICES

1. Fees, Rates and Charges. The Subscriber shall fully pay BTD Fiberfast the appropriate monthly service fee rate and/or charges (collectively, the “Total Charges”) on or before the due date for the use of the BTD Fiberfast Data Services according to the Subscriber’s selected payment / data plan.

2. Activation of the BTD Fiberfast Data Services. Within fifteen (15) working days from submission of the duly accomplished Customer Information Sheet or the Application Form, BTD Fiberfast shall proceed to install the subscribed BTD Fiberfast Data Services. The Subscriber shall be given a user name and password (collectively, the “Access Code”). The Access Code shall be the Subscriber’s keys in accessing the pertinent BTD Fiberfast Data Services. The Subscriber shall be responsible for keeping confidential the Subscriber’s Access Code and hereby hold BTD free and harmless from any unauthorized use of the BTD Fiberfast Data Services through the Subscriber’s Access Code.

3. Minimum Speed and Service Reliability Applicable to Broadband Data Services. BTD Fiberfast guarantees a minimum broadband speed of 150kbps across all plans. Said guarantee however excludes factors outside the control of BTD which among others, include the distance from the Fiberfast tower exchange to the Subscriber’s premises; the configuration and line quality of the antenna pair between the Fiberfast Tower and the Subscriber’s premises; electrical interference from outside sources (such as electric motors or other electronic devices); the configuration of the UTP wiring within the Subscriber’s premises; the software configuration and application on the Subscriber’s computer (in particular how it uses the uplink back to the Fiberfast Tower; the Subscriber’s hardware or modem; and the capacity of load or access data rate of the destination host computer or website which the Subscriber is accessing and the number of computers connected to the broadband service.

4. Termination /Processing Fee. Service termination requests not otherwise due to the fault or negligence of BTD shall take effect within a reasonable period from receipt by BTD of the request. Appropriate termination penalty and/or processing fee for Fiberfast Data Services termination or plan downgrade may apply depending on prevailing BTD Fiberfast Data Services promo.

5. Non-payment. The Subscriber shall pay BTD delinquency charges amounting to 1.0% per month of the outstanding Total Charges if the Subscriber fails to pay the Total Charges within thirty (30) days after the invoice date.

6. Reconnection. The Subscriber may have the BTD Fiberfast Data Service reconnected by paying to BTD: (a) all outstanding Total Charges; (b) the applicable delinquency charges; and (c) reconnection fee.

7. Bandwidth, Data Storage and Other Limitations. The Subscriber shall comply with the current bandwidth, data storage, and other limitations of the BTD Fiberfast Data Services. The Subscriber shall ensure that its activity does not improperly restrict, inhibit or degrade BTD’s or any other party’s use of the BTD Fiberfast Data Services nor represent (in the BTD’s sole discretion) an unusually large burden on the Fiberfast network.

The BTD Fiberfast residential service offering is a consumer product designed for Subscriber’s exclusive and personal use of the Internet only. The Subscriber shall not run a server in connection with the BTD Fiberfast Data Services or connect more than the agreed number of terminals, nor shall Subscriber provide network services to others via the BTD Fiberfast residential service.

8. Service Commitment, Additional Charges and property Rights. The Total Charges due to BTD shall continue to accrue without deductions even in case of service interruption. Due to the nature of the Internet, BTD does not warrant fast and efficient Internet access to be available at all times. However, BTD shall exert its best efforts to ensure continuous fast Internet at the premises of the Subscriber.

BTD owns the property rights and interest in the BTD Fiberfast Data Services and all that is attached to the system. The Subscriber hereby undertakes to uphold the property rights and interest of BTD and hereby binds itself to refrain from taping, recording, duplicating or otherwise reproducing, in any manner and form whatsoever and for any purposes, the programs, trademarks/logo, copyrights and services received by and passed to him/in under and by reason of these terms and conditions.

Acceptable Use Policy. We support and promote good citizenship within the internet community and will respond appropriately in the event that we become aware of any inappropriate use of our service. We have the right to monitor bandwidth and usage, and from time to time identify violations of the Acceptable Use Policy or any inappropriate use of our service and/or to protect the BTD Fiberfast network and other customers in our network.

If our services are used in a way which we would consider inappropriate, we will take action as we deem necessary, which may include, but is not limited to, preventing access to the BTD service/s that were inappropriately used or were used in connection with, or resulting in, the violation of the Acceptable Use Policy, without incurring any liability for damages, or as may otherwise be directed by government agencies or the courts pursuant to applicable laws. Inappropriate use generally means any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty.

GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL BTD SERVICES

Aftersales Request. The Subscriber’s request for additional products or service shall always be subject to BTD’s credit policies and absolute discretion.

The Subscriber agrees to indemnify and hold BTD free and harmless from any liability, suit or damage arising from or connected with the Subscriber’s Unauthorized and/or Illegal Activities. The Subscriber further authorizes BTD to supply any and all information requested by any law enforcement or government agency/ies of other private entities, the latter within the limits provided by law, relative to the Subscriber’s subscription to the pertinent BTD Fiberfast Service. In which case the Subscriber hereby irrevocably and unconditionally waives any and all its relevant remedies under the law, including but not limited to the right to claim damages.

Customer Premises Equipment (CPE). Please take proper care of these equipment, do not remove from the place of connection nor directly or indirectly allow the connection, disconnection, movement and/or alteration of such equipment by any person other than our authorized personnel.

Full administrator rights to BTD -provided modem-routers are generally not provided to the Consumer due to the security risks involved for the User, except with respect to customer-owned attachment. But it may be requested through our customer system online. Our customer system online can be reviewed in our website (http://system.boholtechdoctor.com/crm/).

BTD-Owned CPE. Refers to BTD Fiberfast-provided modem-routers, cable including connections and other accessories (collectively, “CPE”) we have provided and installed at your premises, shall remain our property. The equipment shall be pulled-out and/or returned to BTD upon termination of this Agreement.

Lock-in Period. The Subscriber acknowledges and agrees to the lock-in period for the service availed of such that, if he chooses to downgrade his plan or transfer to another address where there are no available

BTD Fiberfast facilities to continue serving him of the availed service or pre-terminate or cancel his subscription within the lock-in period, he agrees to pay the relevant pre-termination fees, charges and penalties imposed by BTD.

First Bill Charges. The Subscriber’s first bill upon service activation may be higher than the subscription’s monthly service fee (MSF) due to installation or activation fees and/or modem fees, if any and the pro-rated MSF that is computed from activation date to bill cut-off date. The Subscriber agrees to settle his first bill and all succeeding monthly bills thereafter.

Payment. The Subscriber shall fully pay any and all outstanding Total Charges on or before the due date indicated in the Fiberfast bill. Payments may be made at any of Bohol Tech Doctor’s offices, through duly authorized banks, or to its duly authorized collectors. BTD shall not be liable for any payment made to persons other than its authorized representatives. Payment made by check shall not release the Subscriber from liability for non-payment until the check is cleared and payment is credited to BTD’s account. The Subscriber shall indemnify BTD for any and all penalties, fees and charges arising from or by virtue of the dishonor of the Subscriber’s check. BTD likewise reserves the right to disconnect the pertinent BTD Fiberfast Service for the dishonor of the Subscriber’s check. BTD reserves the right to discontinue service due to non-payment of overdue accounts BTD also reserves the right, subject to the limits prescribed by existing laws, rules and regulations, impose penalties or interest for non-payment of overdue accounts. BTD reserves the right to automatically bar access to services, including toll access, for non-payment of the allowable toll charges without prejudice to the exercise of other remedies under existing law, rules and regulations.

Change in Fees / Charges. BTD reserves the rights to increase any of the fees and charges or impose new or additional fees and charges applicable to the pertinent BTD Fiberfast service.

Disclaimer and Limitation of Liability. Except as provided under the foregoing terms and conditions, BTD gives no warranty with respect to the speed and quality of data, software/internet access of the Subscriber and shall not be liable to the Subscriber for any claim or liability whatsoever (including loss of data, profits, loss of savings or incidental or consequential damages) arising out of the Subscriber’s use of or inability to use the pertinent BTD Fiberfast services or the software/internet access, even if BTD had been advised of the possibility of such damages, or for any claim by any other person.

In the event of any service interruption, BTD shall not be liable for any and all damages that may be suffered by the Subscriber for the service interruption.

Subscriber shall hold BTD, its directors, officers and employees free and harmless from, and shall indemnify them for any liability arising from any and all suits, actions and/or claims made by any person, natural or juridical, against the Subscriber or BTD arising from the Subscriber’s use of pertinent BTD Fiberfast service. Notwithstanding anything contained herein to the contrary, any liability adjudged against BTD in connection with or arising from the Service shall be limited to the payment of the most recent charges actually paid by the Subscriber to Bohol Tech Doctor.

Disconnection. Subject to existing provisions of law, violation of any of the foregoing provisions shall give BTD the right to immediately disconnect the pertinent service without incurring liability for damages. Such disconnection shall not relieve the subscriber from any monetary obligations accruing prior to the disconnection or from any liability to BTD as a consequence of such violation.

Non-Transferability. All BTD Services, the Customer Premises Equipment including any of the foregoing terms and conditions may not be leased, assigned or transferred by the Subscriber without the prior written consent of BTD. Any lease, assignment or transfer made without the necessary BTD consent shall be void and BTD shall have the right to continue billing the Subscriber on record liable under the pertinent terms and conditions as if no such lease, assignment or transfer was made.

Amendment. BTD reserves the right to amend any of the provisions of any of the foregoing terms and conditions. Any such amendment shall take effect fifteen (15) days from notice to the Subscriber, through whatever means, or by posting at the pertinent BTD website. The continued use and availment of the pertinent BTD Fiberfast Service shall give the undisputed presumption that the Subscriber fully agrees and undertakes to adhere to such amendments.

Rights Cumulative. All rights, power or remedies under the foregoing terms and conditions granted to BTD shall be cumulative and not alternative and shall be in addition to and not in substitution for and in derogation of the rights, power and remedies conferred to BTD by law.

Non Waiver. The failure of BTD to enforce any of its rights under these terms and conditions or any portion thereof, for whatever reason, shall not be construed as a waiver of such right.

Severability. The Subscriber agrees that if a court of competent jurisdiction declares any portion of the pertinent terms and conditions governing a particular BTD Fiberfast service is declared to be invalid or unenforceable, that portion will be construed consistent with applicable law as possible, and the remaining portions will be in full force and effect.

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