GSTECH Valenzuela Branch

1. CONTRACT DOCUMENTS

A. The following documents shall, by this reference, form integral parts of the agreement between GSTECH and the Customer for the provision by GSTECH of the GSTECH Internet Connectivity Services (the “Service”):

(1) Application with Customer’s written conform, which contains the commercial terms of the Contract (“Application Form”); and

(2) This GSTECH NETWORK & DATA SOLUTION Service Terms and Conditions (“Terms and Conditions”), herein collectively referred to as the “Contract”.

B. In case of any conflict in the interpretation of the provisions of the aforementioned documents, these Terms and Conditions shall prevail.

2. CUSTOMER RESPONSIBILITIES.

The Customer shall have the following responsibilities for the proper installation, operation and maintenance of the Service:

A. Provide access and clearance to allow duly authorized GSTECH’s personnel to enter and leave the Customer’s premises at reasonable hours or at such frequency as may be necessary, and subject to prior notice to the Customer, for the purpose of conducting site surveys, installation, inspection and maintenance, and/or removal of its equipment and facilities used in connection with the Service. In the event that the Customer’s premise is located inside a building, the Customer shall coordinate with the building administrator/property management office of the building and secure the necessary permits granting GSTECH egress and ingress to the building twenty-four (24) hours a day, seven (7) days a week for maintenance, test and repair, and installation activities, subject to compliance by GSTECH with reasonable building security regulations.

B. Provide the required Uninterrupted Power Source (“UPS”) in each location to ensure the uninterrupted power supply necessary for the continuous operation of the Service. The Customer shall provide electric power from a commercial source connected to the standby generator required for the efficient operation of GSTECH-provided equipment.

C. Provide the interface cables between the GSTECH equipment and the Customer-provided equipment.

D. Ensure that no connection, disconnection, movement, and/or alteration of any and all equipment and facilities furnished by GSTECH are conducted by parties other than the duly authorized GSTECH personnel.

E. Provide a secure, clean and well-ventilated and air-conditioned room suitable for the proper and continuous operation of all equipment used in the provision of the Service.

F. Provide due care to all GSTECH-installed equipment installed in its offices (the “Customer Premises Equipment” or “CPE”). The Customer shall be solely liable for any loss or damage to such Equipment upon completion of installation thereof by GSTECH.

G. Ensure that it and its representatives shall not assign, transfer, sublease, charge or otherwise part with the CPE; neither shall the Customer permit any extension of the Service whether or not said extension may cause damage or interference to the Service, without prior written consent and approval of GSTECH.

H. Provide its own additional protection to its system against external attacks/hacks. In the event of such an occurrence, it is the Customer’s responsibility to investigate the matter with the proper assistance of GSTECH.

3. APPLICABLE PRICES AND TAXES

A. Prices quoted are based on the initial network design/configuration presented and may be subject to change depending on the final network configuration determined during the actual survey. GSTECH shall inform the Customer of any change in the network configuration and seek prior approval for any change in price from the original Application Form as a result of the difference between the network design/configuration presented and the actual configuration. Should the Customer not approve the change in initial network design/configuration and price, GSTECH and the Customer shall negotiate to achieve a mutually acceptable solution.

B. Unless otherwise indicated, the prices quoted in the Application Form are exclusive of the 12% Value Added Tax (“VAT”). 

C. In addition, the price shall be subject to fulfillment by the Customer of the special conditions (if any are specified in the Application Form) pursuant to which GSTECH offered such price. Non-fulfillment by the Customer of such special conditions shall entitle GSTECH to amend the price of the Service.

4. INSTALLATION AND LEAD TIMES.

Installation and activation of the Service shall be based on the mutually agreed Ready for Service (“RFS”) date as indicated in the Application Form. The projected installation and activation lead time is determined on the basis of the location of the Customer’s site (whether the site is within or outside GSTECH’s franchise area) and whether the provision of the Service in the Customer’s site requires the construction and installation of additional or new facilities.

5. DELIVERY OF EQUIPMENT; ACCEPTANCE OF THE SERVICE

A. Upon delivery of the CPE to the Customer’s designated site, the Customer shall sign an Endorsement of Property and Service (“EPS”) form to acknowledge receipt of the CPE.

B. Upon activation of the Service and conclusion of GSTECH’s testing thereof based on GSTECH’s parameters, the Customer shall cause its duly authorized or designated representative(s) to sign GSTECH’s Acceptance of Service Form (“ASF”). Upon Signing of ASF, GSTECH shall assume that the Service is working, deemed accepted and billable. GSTECH shall therefore take this as a commitment on the Customer’s part to pay/settle necessary billing components/charges for the Service as set forth in the Application Form.

C. GSTECH’s responsibility shall strictly relate to the Service as described in the Application Form only. GSTECH-installed-equipment/s including the wires shall be the property and responsibility of the customer and loss, damage, theft, and the like shall be on the account of the customer.

6. PAYMENT TERMS

A. Billing shall commence one (1) day after activation of the Service. Delivery and turnover of GSTECH Add-ons & Freebies (if any) shall not hinder the start of the Effective Billing Date of the Fixed Bundle Service.

B. GSTECH has the option to provide the bill for the Service using any media available such as, but not limited to, electronic mail, or printed bills sent through courier or mail.

C. Payment must be remitted to GSTECH within the stipulated due date as indicated in the bill, or through our House-to-House collection scheme as the case may be allowed by GSTECH.

7. CONTRACT PERIOD

A. The Contract term shall be based on the signed application form from the date of activation of the Service (“Contract Term”).

B. If GSTECH does not receive any written termination advice from the Customer sixty (60) days before the end of the Contract Term, the Contract Term shall be deemed automatically renewed for an indefinite period unless otherwise, the Customer notifies GSTECH.

8. CANCELLATION OF ORDER.

IN CASE OF CANCELLATION OF ORDER:

A. After installation but prior to acceptance of the Service, the Customer shall pay 100% of the total Contract value for the CPE that may be provided by GSTECH PLUS P5,000.00 to compensate GSTECH for the costs incurred by it in the installation works.

B. After installation and Service have been accepted, the Customer shall pay the standard Pretermination charges as stated in Section 9.

9. PRE-TERMINATION OF CONTRACT

A. In case of pre-termination of Contract without fault on the part of GSTECH:

(1) The Customer is required to submit a written notice at least sixty (60) calendar days prior to the date of circuit termination stating the reason/s for such request.

(2) Pre-termination charge equivalent to 100% of the unrealized Monthly Recurring Charges (MRC) for the unexpired Contract term plus other charges will be imposed.

B. Upgrading/Downgrading of Service within the Contract term

 (1) Upgrading and downgrading of services shall be allowed subject to existing fees.

10. DISCONTINUANCE OF SERVICE

A. GSTECH has the option to discontinue the Service because of the Customer’s failure to pay the fees due within the period provided for in the relevant bill. Subject to prior written notice to the Customer and provided that the Customer continues to fail to pay the required amount despite such notice, GSTECH has the option to discontinue the Service for non-payment of the overdue account, as well as other accounts involving other existing GSTECH services which, based on GSTECH records, are maintained or owned by, or kept under the same Customer’s name. Aside from the outstanding charges of the Customer due to GSTECH, applicable pre-termination charges shall be imposed, subject to Section 9 hereof.

B. The basis for disconnection of Service will be the stipulated due date in the billing statement.

C. The Service is intended for the Customer’s official business use only and not intended for national/international resale of voice and/or data. The circuits of the Service will not be used for any Voice Callback, or any form of Public Switched Telephone Network (“PSTN”) by-pass operation similar to that of an International Simple Resale (“ISR”) (collectively, the “Unauthorized Use/s”).

D. GSTECH reserves the unilateral right to immediately terminate/cancel the Service at any time and without prior notice should GSTECH find any Unauthorized Use or find that the Service or any of the circuits provided therefor are utilized other than for their specified purpose and/or in any instance that GSTECH finds that any of its materials, wires, equipment, and devices, resources and effects are actually being used or have been used by the Customer but without, however, securing the prior written consent of GSTECH. Finally, GSTECH reserves the right to collect monetary compensation due to revenue loss occasioned by such unauthorized use and/or operations or to collect from the Customer liquidated damages in the total amount of One Million Pesos (Php1,000,000.00), whichever is higher.

E. In addition to having the Service temporarily/permanently disconnected, the Customer shall likewise be liable to pay pre-termination charges computed in accordance with Section 9.

11. FORCE MAJEURE

A. GSTECH shall not have any liability whatsoever or be deemed to be in default for any delay or failure in the performance of its obligations under the Contract resulting from acts beyond its control, including without limitation, international system cable faults; acts of God, acts of nature, such as, but not limited to, typhoon, flood, landslide, earthquake, tsunami, lightning, a natural disaster of overwhelming proportions; acts or regulations of any governmental or supranational authority; war; national emergency; accident; fire; riot; strikes, lock-outs, industrial disputes (whether or not involving GSTECH’s employees); epidemic or pandemic.

B. In the event of disconnection of Service arising from force majeure, GSTECH shall endeavor to restore the Service as soon as possible, subject to its discretion in the allocation of available resources. 12. Indemnification the Customer agrees to defend, indemnify and hold GSTECH, its officers and employees, free and harmless from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from:

(A) any violation of applicable laws, regulations, or these Terms and Conditions by the Customer (or any party using the Customer’s account, with or without the Customer’s permission, to access the Service);

(B) the abuse of the Service or the placement or transmission of any message, information, software or other materials using the Service by the Customer (or any party using the Customer’s account, with or without the Customer’s permission, to access the Service);

(C) negligent acts, errors, or omissions by the Customer (or any party using the Customer’s account, with or without the Customer’s permission, to access the Service).

GSTECH is committed to providing the Subscriber with the highest levels of customer service, and this includes protecting the Customer’s privacy.

To accomplish this, GSTECH created a comprehensive Privacy Policy (“Privacy Policy”) that governs all information collected on or submitted to https://gstechval.com/ (the “Site”). By accessing, browsing or using the Site, the Subscriber acknowledges that it has read, understood, and agreed to the terms and conditions of the Privacy Policy.

1. GSTECH Privacy Policy and its Services
   1. This Privacy Policy is only applicable to the Site and not to any other sites or the Services which the Subscriber may be able to access from the Site which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.
   2. The Subscriber shall be required to provide certain information to GSTECH in order to access the Site and avail of the Services therein.
2. Information Collection and Usage
   1. Non-Personal and Aggregated Information. GSTECHshall automatically log in general data about the Subscriber which will allow GSTECH to continually monitor and improve the Site.
      1. Cookies
         1. Definition. Cookies are files that are transferred from a Web site to the user’s computer’s hard drive that contain certain information such as the User ID, user preferences, the pages the user has visited, and the activities the user performed while using the Site.
         2. While the Subscriber may have the option of choosing whether or not to accept cookie files, as well as deleting cookies from the hard drive, GSTECH cannot guarantee that not accepting the cookie file will allow the Subscriber to navigate the Site successfully or will be able to access all the features of the Site. GSTECH will be using cookie files for online purchasing and the customized presentation of the Site’s web pages. The cookies, however, will not be used to retrieve information from the Customer’s computer that was not originally sent in the cookie, nor will the information transferred through cookies be used for any promotional or marketing purposes, with the exception of those expressly set forth in this Privacy Policy.
         3. Some of GSTECH partners may use cookies to provide GSTECH with anonymous data and information regarding the Customer’s use of the Site. GSTECH does not have access or control over those cookies and this Privacy Policy does not cover the use of third party cookies.
      2. Traffic Data
         1. GSTECH shall automatically track and collect the following categories of information when Customers visit the Site: IP addresses, domain servers, types of computers accessing the Site, types of web browsers used to access the Site, referring source which may have sent the Subscriber to the Site, and other information associated with the interaction of the Customer’s browser and the Site (“Traffic Data”).
         2. GSTECH undertakes not to link information from the Traffic Data to the Personal Information without the Customer’s permission.
   2. Personal Information.
      1. As a user of the Site, certain personal information shall be required by GSTECH prior to the grant of a User ID which shall be the Customer’s means of accessing and availing of the Services therein. The personal information shall include, but shall not be limited to, the following: name, date of birth, previous and current mailing addresses, telephone number/s, mobile phone number/s, email address, credit card details, employer, occupation/position, marital status, birth date, and GSTECH account number/s.
      2. The personal information GSTECH obtains from the Subscriber may be used to verify the Customer’s identity; assist the Subscriber in subscribing to the Services available on the Site; provide the Services required by the Customer; administer and manage the Services provided, including charging, billing and collecting debts; Inform the Subscriber of ways the Services provided could be improved; conduct appropriate checks for credit-worthiness and for fraud; research improvements and further develop the Services; gain an understanding of the Customer’s telecommunication needs in order for GSTECH to provide the Customer with better Services; and maintain and develop our business systems and infrastructure, including testing and upgrading of these systems.
      3. Any time the Subscriber submits personal information for a specific purpose using the Site, the information provided shall be used for that purpose only, unless the Subscriber consents otherwise or as required by law. The Subscriber further acknowledges that personal information submitted to GSTECH on the Site may be transferred across national boundaries and may be stored and processed in another country, which may not provide privacy protections similar to those the Subscriber’s country provides.
   3. Email
      The Subscriber understands that GSTECH will communicate with the Subscriber via email to continually update him on the current offerings of the GSTECH Group. Thus, the Subscriber should expect to receive regular emails from GSTECH, which emails shall include replies to e-mail messages sent by the Subscriber, confirmation of product or service orders placed online and to engage in other communication authorized by the Subscriber or that which GSTECH has determined as necessary to more effectively provide Services to its Subscribers. The Subscriber may, at any time, choose to unsubscribe from GSTECH’s mailing list.
   4. Use of Information
      1. GSTECH shall use the information to customize and tailor the Subscriber’s experience on the Site, in emails, and in other communications.
      2. In many cases, the Subscriber may choose the amount of information it will supply to GSTECH. There may be instances, however, where GSTECH will require the Subscriber to provide certain information, and in such cases, where the Subscriber refuses to provide such mandatory personal information, GSTECH may refuse to provide the Service requested.
      3. The information which GSTECH has in its records may be used by it to protect its customers, employees, or property. In some cases, it may be necessary to provide this information to the government or third parties who make a lawful demand for it.
      4. GSTECH reserves the right to share the information obtained with other members of the Group of Companies (“GSTECH Group”) to equip the GSTECH Group with a better understanding of its customers’ product and service needs, and to learn how to best design, develop, and package products and services to meet those needs.
3. Information Sharing and Disclosure
   1. Certain Services offered to the Subscriber through the Site may be served on websites hosted and operated by organizations other than GSTECH (“Third Party Contractor Website”). GSTECH shall not disclose the Subscriber’s Personal Information to these Third Party Contractor Websites without the Subscriber’s consent, but the Subscriber should be aware that any information disclosed by the Subscriber once it accesses these other websites shall not be subject to this Privacy Policy. It shall be the Subscriber’s responsibility to review the privacy policy posted on any other website to understand how that Third Party Contractor Website collects and uses the Subscriber’s personally identifiable information.
   2. GSTECH may share non-personal, aggregated information with its customers, partners, and their third parties. Aggregated information is not linked to any Personal Information.
   3. In order to deliver the Services required by the Subscriber, GSTECH may be required to disclose the Subscriber’s personal information with its affiliates and/or business partners or to organizations outside of GSTECH. GSTECH guarantees that the Subscriber’s personal information is disclosed to these organizations only in relation to the provision of Services. These organizations may carry out customer inquiries, mailing operations, billing and debt-recovery functions, information technology services, installation, maintenance and repair services, marketing, telemarketing and door-knocking services, market research, and website usage analysis.
   4. Unless GSTECH is able to obtain the Subscriber’s permission or the disclosure is required by law, GSTECH shall only share the Personal Information provided by the Subscriber through the Site with its affiliates and business partners or to third-party organizations engaged by GSTECH to act in its behalf. GSTECH reserves the right to disclose customer information to the extent authorized by government statutes.
   5. GSTECH reserves the right to disclose the Subscriber’s personal information to its authorized representatives or legal advisers (if requested in writing), credit-reporting and fraud-checking agencies, credit providers (for credit-related purposes such as credit-worthiness, credit rating, credit provision and financing), GSTECH’s dealers, related companies, professional advisers, including its accountants, auditors and lawyers, government and regulatory authorities and other organizations, as required or authorized by law, and organizations who manage GSTECH’s business and corporate strategies, including those involved in a transfer/sale of all or part of GSTECH's assets or business (including accounts and trade receivables) and those involved in managing GSTECH’s corporate risk and funding functions (e.g. securitization), and collection agencies when customers do not pay their bills.
   6. GSTECH’s business partners shall be bound to uphold the same standards of security and confidentiality that GSTECH has committed to the Subscriber under this Privacy Policy, and these business partners shall only use the Contact Data and other Personal Information to carry out their specific business obligations to GSTECH and to provide the Subscribers with Site-related services.
4. Data Security
   1. The Personal Information collected is stored on a secure, password-protected server, and only authorized personnel shall have access to the Subscriber’s Personal Information. GSTECH uses industry-standard encryption technologies with respect to the receipt and transfer of the Subscriber’s Personal Information submitted through the Site.
   2. Owing to the nature of the internet, GSTECH cannot guarantee and has no control over the public or third-party network through which the Subscriber sends its Personal Information to GSTECH’s Site.
   3. GSTECH requires employees to keep customer information confidential and GSTECH employees shall be held accountable for their actions.
5. Children’s Privacy
   1. Protecting the privacy of children is especially important. For that reason, GSTECH shall never collect nor shall it maintain information on the Site from those below the age of eighteen (18), provided that GSTECH is aware of the user’s age. GSTECH shall not knowingly collect any personally identifiable information from children.
   2. No part of the Site is structured to attract anyone under 18 and is intended for a general audience.
6. External Links
   The Site provides hyperlinks which, when clicked, will either redirect the user to another place within the document, to another document altogether or to other Web sites not controlled by GSTECH. These websites may contain privacy provisions that are different or inconsistent from those provided herein and GSTECH shall not be responsible for the collection, use or disclosure of information collected through these third-party websites, and GSTECH expressly disclaims any and all liability related to such collection, use, or disclosure.
7. Information Modification
   GSTECH shall honor requests from the Subscriber to correct or amend its account information. To protect the Subscriber’s privacy and security, GSTECH shall take reasonable steps to verify the Subscriber’s identity before granting access to the Personal Information to be modified or corrected.
8. Privacy Policy Changes
   1. GSTECH reserves the right, at any time, to add to, change, update, or modify this Privacy Policy. It shall be the Subscriber’s obligation to review the Privacy Policy frequently.
   2. Changes to the Privacy Policy shall be posted on the Site and such posting shall be the only manner in which the Subscriber shall be informed of such changes.
   3. In all cases, the use of information submitted through the Site or collected by GSTECH shall be subject to the Privacy Policy in effect at the time such information is collected.