SMART SAT PREPAID SERVICE TERMS AND CONDITIONS FOR INDIVIDUAL CUSTOMERS

By using the Smart Sat Prepaid Service (“Service”), the Customer agrees to the following:

1. The Customer (also, the “Individual Subscriber”) hereby agrees to purchase a THURAYA SATELLITE Terminal  and THURAYA SATELLITE Subscriber Identity Module (SIM) from Smart Communications, Inc (SMART). or its authorized agent or distributor.
2. All terminal equipment connected to or used in conjunction with the THURAYA SATELLITE Terminal shall be of a type approved by the National Telecommunications Commission (NTC).  SMART does not, by this Agreement, cover any representation or warranty for any telecommunications and related equipment connected to or used in conjunction with the THURAYA SATELLITE Terminal.
3. The security of the THURAYA SATELLITE SIM card as well as the proper care and maintenance of the THURAYA SATELLITE Terminal shall be the Customer’s sole responsibility.
4. The THURAYA SATELLITE SIM will be activated after successful SIM Registration, in compliance with the SIM Registration Law (Republic Act No. 11934).  Once activated,the initial load credit  of the THURAYA SATELLITE SIM will have a validity of One (1) year.   After the One (1) year validity, all unused load credits will automatically expire and will be forfieted.
5. The initial preload credit can be used to make voice calls, SMS and data transactions.    The Customer can load additional credits into the THURAYA SATELLITE SIM ay any time with the use of the THURAYA SATELLITE Prepaid Cards.
6. All THURAYA SATELLITE Prepaid  Cards have a validity of One (1) year from date to top-up.
7. The customer is given Ninety (90) days from date of expiration (Grace Period) to load a minimum of US$250 THURAYA SATELLITE Prepaid Card to continue using the THURAYA SATELLITE SIM.  During the Grace Period, all outgoing features will be disabled.  Failure to reload a minimum of US$250 THURAYA SATELLITE Prepaid Card will result to permanent deactivation of the THURAYA SATELLITE SIM.
8. While disabled, the Customer cannot make voice calls, SMS or data transactions.  The Customer can, however, still receive voice calls and SMS while the THURAYA SATELLITE service is temporarily disconnected.
9. The Customer shall be liable for all outgoing calls, SMS and data transactions from the THURAYA SATELLITE Terminal and/or the THURAYA SATELLITE SIM regardless of who may make such voice calls, SMS or data transactions.
10. The THURAYA SATELLITE Terminal has a warranty of One (1) year against inherent defect from the time of receipt of the THURAYA SATELLITETerminal unit by the Customer.
    1. SMART or its authorized agent or distributor shall replace the THURAYA SATELLITE Terminal unit and accessories if the same is inherently defective and is returned to SMART or its authorized agent/ distributor within Seven (7) days from the release of the THURAYA SATELLITE Terminal unit to the Customer.
    2. SMART or its authorized agent or distributor shall provide free labor and free replacement of parts and/or accessories after Seven (7) days from receipt of the THURAYA SATELLITE Terminal unit by the Customer.
11. The warranty stated in Article 10 above covers inherent factory defects only and shall not include defects or damage due to ordinary wear and tear, the Customer’s negligence, misuse and force majeure.
12. For defective THURAYA SATELLITE Terminal for repair, the Customer shall shoulder the cost of shipping and handling of the THURAYA SATELLITE Terminal unit to and from SMART or it’s authorized agent/ distributor.
13. After the warranty period, the Customer shall deliver the defective THURAYA SATELLITE Terminal to THURAYA’s authorized repair center/s.  Repair or replacement of damaged or defective THURAYA SATELLITE Terminals and/or accessories shall be at the Customer’s expense.  The amount includes cost associated with shipping and handling of replacement.
    1. Authorized Service Center:
       DelNet International
       105B Mercantile Insurance Bldg. Gen Luna cor Beaterio St., Intramuros Manila, 1002
14. The Corporate Customer agrees to receive information from SMART regarding the Smart Sat Service from time to time.
15. Smart shall not be liable for any loss, cost, compensation, damage or liability to the Customer or any third party arising directly out of or in connection with supply of the Service or use by the Customer or third parties of the THURAYA SATELLITE Terminal unit and/or THURAYA SATELLITE SIM caused by:
    1. Any delay, interruption, or termination of the service whether caused by administrative error, technical, mechanical, electrical, or electrical fault or any other reasons or circumstances beyond SMART’s control including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation.
    2. Any inaccuracy or omission, lack of clarity, interference in, misdirection or distraction of any information transmitted to or from the Customer howsoever caused or any refusal by SMART to transmit any information subject to par. (e) here in below;
    3. Theft or unauthorized use of the THURAYA SATELLITE Terminal unit and/or THURAYA SATELLITETerminal SIM or any loss, costs damages or compensation incurred by or payable to any third party by the Customer or other.
    4. Any inherent defect in the THURAYA SATELLITE Terminal unit and/or THURAYA SATELLITETerminal SIM or any defect or damage to the THURAYA SATELLITETerminal unit and/or THURAYA SATELLITE SIM resulting from the use other than normal customary manner, or
    5. Refusal by SMART at its sole discretion, to transmit any illegal, obscene or vulgar messages or information.
16. SMART may temporarily suspend or terminate the Service without prior notice if:
    1. The Customer fails to comply with the SIM Registration Terms.  Reactivation is possible only upon successful SIM registration within 5 days after the deadline of SIM registration.
    2. The Customer commits breach of any of the terms of this Agreement;
    3. The Customer transfers or allows the THURAYA SATELLITE Terminal and/or THURAYA SATELLITE SIM to be tampered with or used by any other person (except authorized employees of the Customer) without the consent of SMART.
    4. The Customer dies or becomes bankrupt, any of its assets becomes subject to any form of winding up, administration, receivership, insolvency proceedings or it enter any agreements with its creditor generally.
17. The Customer shall use only  THURAYA SATELLITE Prepaid Cards purchased only from SMART or its authorized disctributors/agents.
18. Miscellaneous
    1. This Agreement shall be governed and construed in accordance with the laws of the Philippines.
    2. This Agreement together with THURAYA’s record shall be final and conclusive evidence of any dispute between THURAYA and the Customer.
    3. By continuing to use this service, the Customer agrees that SMART reserves the right at its absolute discretion to modify, delete, or add to any of the terms and conditions of this Agreement without prior notice.This Agreement constitutes the entire Agreement between SMART and the Customer and supercedes all previous agreements (if any) between the parties and the Customer acknowledges that in agreeing to enter into this Agreement it has not relied on any representation, warranty or other assurance (including any that may have been made by the authorized agent or distributor of SMART) except those set out in this Agreement.
    4. SMART’s right shall not be prejudices or restricted by any occasion, indulgence or forbearance extended to the Customer.
    5. No waiver by SMART or any breach shall operate as a waiver of any other subsequent breach.
    6. All notices under this Agreement shall be in writing and sent to the registered office of SMART or the address of the Customer written on this Agreement or such other address which may be notified to SMART in writing from time to time.
    7. Any complete or partial invalidity of or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any purpose of the remaining provisions.
19. SIM Registration
    1. The Customer hereby agrees to register the THURAYA SATELLITE SIM in compliance with the SIM Card Registation Law (Republic Act No. 11934). 
    2. Upon successful SIM Registration, the THURAYA SATELLITE SIM shall be automatically actvated.
    3. SIM Registration Process.
       1. The required information mandated by the SIM Registration Law shall be extracted from the information submitted by the customer in the Individual Customer Information Sheet Form, and customer’s supporting documents (please refer to the Customer Information Sheet For for the list of documentary requirement). SIM Registration shall be incorporated into the Service Fulfillment and Activation process for new Smart Sat Prepaid Service.
       2. Existing customer shall receive a notification through SMS and email on the SIM Registration procedure. The customer shall download the Individual Customer Information Sheet Form from the SIM Registration landing page as linked in the notification. The customer shall completely accomplish the form and provide the required documents (valid government ID and a clear selfie photo).  The customer shall send the form and the required documents to SMART SAT SIM Registration email address (smartsatsimreg@smart.com.ph). Upon receipt of the filled-out and signed Individual Customer Information Sheet Form and the required documents, SMART shall acknowledge it through email. Once validation is complete, SMART shall sync the customer data in its SIM Registration Database and the customer shall receive a confirmation with his/her registration control number.
    4. SMART shall provide the SIM Registration service free-of-charge to Customers.
    5. All new THURAYA SATELLITE SIMS will be automatically registered as part of the Service Fulfillment and Activation process; provided, the customer submits the required documentation and information. The customer authorizes and allows SMART to perform the following, among others:
       1. Assist the SMART SAT Customer with the SIM Registration process during the Service Fulfillment and Activation process;
       2.  Obtain any and all information and other pertinent documents pertaining to the verification of the submitted information by the SMART SAT Customer;
       3. Further verify and validate the submitted information; and
    6. iv. Deny the SMART SAT Customer availment of SMART SAT SERVICE  if it does not meet the criteria set by SMART in observance of the SIM Registration process. The SMART SAT Customer acknowledges that SMART shall not be liable for the SMART SAT Customer’s failure to register its THURAYA SATELLITE SIM on account of non-submission of required latest information and supporting documents within the specified deadline.It is the Customer’s sole responsibility to report any incindence of loss, stolen or change of ownership of the THURAYA SATELLITE SIM in compliance with the SIM Registration Law.The THURAYA SATELLITE SIM has an initial preload credit of One Hundred Twenty United States Dollars (US$120).  The initial preload credit can be used to make voice calls, SMS and data transactions.  The initial preload credit has a validity period of One (1) year from the date of activation of the THURAYA SATELLITE SIM.  The Customer can load additional credits into the THURAYA SATELLITETerminal SIM ay any time with the use of the THURAYA SATELLITE Prepaid Cards.
    7. If   the Customer provides false or fictitious information or has used fictitious identities or fraudulent identification documents to register a SIM, SMART will report these acts to the appropriate government authority. Such Customer providing false or fictitious information or using a fictitious identity or fraudulent identification documents to register a SIM may suffer the penalty of imprisonment ranging from six (6) months to two (2) years, or a fine of not less than One Hundred Thousand Pesos (PHP100,000.00) but not more than Three Hundred Thousand Pesos (PHP300,000.00), or both, to be imposed by the government. The government may also impose other penalties on the Corporate Customer for other acts that are punishable under the SIM Registration Law.
    8. The THURAYA SATELLITE SIM Card will be deactivated If the Customer fails to register within the period prescribed by law.  Reactivation is possible only upon successful SIM registration within 5 days after deactivation.
20. Data  Privacy
    “Annex A” on Data Privacy aims to provide clear statements on the protection of Personal Data under the Privacy Laws to provide an adequate level of protection for Personal Data processed by the Parties as Customer avails of the Service. The Parties shall, at all times, comply with the provisions of the Republic Act. No. 10173 or the Data Privacy Act, and its Implementing Rules and Regulations as may be amended from time to time (the “Privacy Laws”).
21. The venue of all suits from this Agreement of other suits directly arising from the relationship between THURAYA, SMART and the Customer shall be in the proper courts in Makati City.  Customer hereby expressly waives claims to any other veue.
22. Complaints against THURAYA, SMART or its Agents should be brought to the attention of THURAYA and SMART.

ANNEX A: DATA PRIVACY

The Customer or Subscriber acknowledges that SMART and Thuraya are independent Personal Information Controllers of his or her Personal Data as Thuraya device/s and Thuraya Satellite SIM/s (collectively, the “SMART SAT Service powered by Thuraya”) are availed and used by Customer End-User.

1. SMART is a Personal Information Controller of the Customer’s Personal Information, which is used for Account Creation & Management, Service Fulfillment, and after-sales support. As the Philippine-based Telecommunications Service Provider reselling Thuraya’s Satellite services, SMART controls its own network infrastructure that routes calls and SMS to local mobile and landline numbers that are transmitted by Thuraya’s satellites. SMART shall register the SIM/s of the Customer in compliance with the SIM Registration Act. The Full Name, Sex, Birthdate, Present Official Address of Customer will be included in SMART’s SIM Register, to comply with its Legal Obligation to the SIM Registration Act. The applicable requisite information for Foreign End-Users will be collected and processed by SMART to comply with the SIM Registration Act. SMART may share Customer’s Personal Data to Thuraya, after reasonable notice to Customer, in the event THURAYA has to comply with a valid and legal request of any regulatory or governmental authority from other countries.
2. THURAYA is an independent Personal Information Controller as a Satellite Communication Service Provider that supplies all the Satellite devices and Satellite SIMs that SMART resells in the Philippines. Thuraya controls and operates its Satellites and Networks, including the Interconnection Hubs where SMART is connected. For Subscribers who availed of the Sat Sleeve, Thuraya likewise operates its own Mobile Application to support the Service. Apart from controlling the call rates, the routing of calls to its network of Carrier Partners, Thuraya collects and processes Call Detail Records (CDRs) which it shares to SMART. Thuraya may only request Personal Information of its Users when it needs to comply with its legal obligations to regulators in other Countries.

Obligations of the Parties as Personal Information Controllers

1. Determine the appropriate level of security measures, taking into account the nature of the Personal Data to be protected, the risks represented by the collection, processing, and transfer of Personal Data, the size of the organization and complexity of its operations, current data privacy best practices, and cost of security implementation;
2. Implement security measures for data protection, including policies for evaluation, monitoring, and review of operations and security risks. 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;
3. Implement reasonable and appropriate organizational, physical and technical measures intended for the protection of Personal Data 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 Privacy Laws;
4. Implement reasonable and appropriate measures to protect Personal Data against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination;
5. Ensure that their employees, agents and representatives who are involved in the processing of Personal Data operate and hold Personal Data under strict confidentiality. This obligation shall continue even after their transfer to another position or upon termination of their employment or contractual relations;
6. Promptly notify the National Privacy Commission (“NPC”), the affected data subject, and the other Party in the event there is a security incident or data breach which under the Privacy Laws is covered by the compulsory data breach notification requirement; and
7. Be solely and exclusively responsible for: (a) the accuracy, quality, relevancy, completeness, and currency of Personal Data shared with the other Party; (b) as required by Privacy Laws, notifying and providing data subjects with information required under the Privacy Laws, obtaining and maintaining informed consents from such data subjects, and otherwise complying with all Privacy Laws and relevant Laws to permit the collection, disclosure, storage, and use of Personal Data in accordance with this Agreement; and (c) obtaining and maintaining all hardware, software, services, or equipment required in performing the Services;
8. Implement such measures and systems as will enable their data subjects to exercise their rights under the Privacy Laws;
9. Include the foregoing in their respective privacy and security policies.