Terms of Agreement

This is an agreement between the undersigned, hereinafter known as the “Subscriber”, and “BCATVi CABLE”, hereinafter known as (BCATVi). Signature on this agreement or use of the Service indicates that subscribers accept these terms.

1. Subscriber shall abide by all the terms of all BCATVi policies.
2. The duration of this Contract shall be between 12 to 24 months. Such period shall be indicated in the Service Order duly signed by the subscriber and shall form as an integral part of this Contract. In case the subscriber is unable to complete the contract term agreement, a pre-termination charge of Php 5,000 (five thousand pesos) shall be charged to the client along with any unpaid charges on his last bill. Contract shall be automatically extended for the same period unless subscriber submits a written request for termination of the service.
3. BCATVi may terminate/suspend subscriber’s connection 1.) Due to subscriber’s non-payment of services; 2.) If BCATVi determines that subscriber fails to comply with the terms stipulated in this agreement; 3.) Or, if a subscriber has been found to give false information to BCATVi upon applying for the service.
4. Additional charges: Subscriber is subject to additional charges including but not limited to, installation, reactivation fees and transfer to another address, based on subscribers request.
5. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE RISK. NEITHER BCATVi NOR ANY LICENSOR, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BCATVi, THEIR AGENTS EMPLOYEES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. BCATVi, its EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR LOSS OF ANY SOFTWARE, HARDWARE OR DATA, IN WHATEVER FORM STORED ON ANY COMPUTER EQUIPMENT IS INSTALLED. IT IS THE SUBSCRIBER’S RESPONSIBILITY TO BACK UP ANY AND ALL DATA, AND SOFTWARE PRIOR TO THE INSTALLATION OF THE CABLE MODEM AND ASSOCIATED EQUIPMENT.
6. Subscriber shall provide the designated cable entrance for the installation. BCATVi shall install service via the simplest route possible. BCATVi shall not be responsible to fix/renovate/beautify existing wirings, not are they allowed to climb ceilings or drill holes on walls for installation of service.
7. BCATVi shall not be liable to subscriber for any damages arising from any event that is out of the control of BCATVi shall not be liable for indirect, special, incidental .exemplary, consequential, or any other form of money damages, including but not limited to, lost profits, or for the loss of data or information or any kind, however caused and arising out of or in connection with the performance of BCATVi or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not BCATVi has been made aware of the possibility of such damages.
8. Subscriber expressly acknowledges that the bandwidth provided by BCATVi is a shared service. Any quoted bandwidth rating or transfer rate for the service is a maximum rate and is not guaranteed continuously. BCATVi reserves the right to manage its networks to provide for maximum efficiency. Due to the demands of the internet, the limitations of other networks that comprise the internet and subscribers equipment limitations, the maximum speeds may be available but only on a burst basis and service may not be continuous.
9. BCATVi permits IP traffic only. Other protocols are prohibited without prior arrangement.
10. Subscriber hereby certifies that he or she will not use this service to conduct any illegal activity including but not limited to violations of the republic ACT 8792 or the E-Commerce law.
11. Subscriber hereby indemnifies and will hold harmless, BCATVi, its successors and assigns, from any and all copyright, trademark, patent or any other legal liability arising out of the use of this service.
12. Account holder owned equipment: Subscribers may purchase cable modems from BCATVi or from other sources. BCATVi cannot and does not guarantee that any cable modem that is not purchased from BCATVi will work properly within the BCATVi cable system. BCATVi will offer reasonable assurances that modem purchased from BCATVi will work in certain areas of the system. Before purchasing a modem from BCATVi, the subscriber must check with the subscriber local office to determine if the subscriber cable modem will work at subscriber residence.
13. Breach of this agreement by Subscriber may result in immediate termination of services in addition to liability for any and all damages, including attorney fees and costs.
14. Leased equipment. A Subscriber in good standing may be issued a cable modem by BCATVi free of charge. During its use, the modem and any associated equipment shall not be transferred from the address of the subscriber as reflected in the Contract and its Annexes. Upon termination of the service the Subscriber undertakes to return the modem and all associated equipment undamaged to the nearest BCATVi office within three (3) days therefrom. Failure of the Subscriber to comply with this obligation shall make him liable to pay the cost of collection in the amount of P 2,500.00. During its use the modem, if damaged, may be replaced only once free of charge. Any subsequent replacement shall be charged the amount of P2,500.00, plus cost of the installation.
15. Responsibility for equipment: The Subscriber shall assume full responsibility for the cable from the time it is installed until it is returned to BCATVi. In the event the modem is lost, the Subscriber shall be charged the price of the modem plus cost of installation.
16. The subscribers agree to allow BCATVi or any of their respective agents or authorized representative, reasonable access to the subscribers premises whenever necessary for the purpose of inspection, maintenance or repossession of the equipment.
17. Subscriber shall use reasonable efforts to minimize unnecessary network traffic and interference with the work of other users of interconnected networks. BCATVi reserves the right to terminate service, if in BCATVi’s sole determination the subscriber utilizes excessive bandwidth.
18. Subscriber is solely responsible for limiting access to objectionable materials, which may be on the internet. BCATVi takes no responsibility of liability to unauthorized viewing of said materials by minors or any other person.
19. This Contract shall be governed by the applicable provisions of Republic Act No. 8792 otherwise known as the Electronic Commerce. Subscriber agrees that in all matters relating and concerning any of these terms and conditions where any question or dispute or difference shall, as far as practicable, be settled in good faith by the parties. In case such question difference or dispute is not settled amicably, a party may institute the appropriate action and file the same only with proper courts of GUIMBAL, Iloilo, the Subscriber hereby waiving any other venue.
20. BCATVi shall not be liable for any failure or delay in performance that is due to acts of God, acts of civil or military authorities, acts of the public enemy, war or threats of war, accidents, fires, explosions, earthquakes, floods, unusually severe weather, epidemics, or unusually severe weather due to any other cause beyond its control.
21. The service is provided to the named subscriber for the private non-commercial use. The subscriber shall not assign nor transfer its rights or obligations with respect to the service without written consent of BCATVi.