PLDT Home Biz Terms and Conditions
PLDT Home Biz is a consumer product available to subscribers (each a “Subscriber”) who operate microbusinesses at home or at their place of residence where the PLDT’s telephone service (the “PLDT Telephone Service”) and data service (the “PLDT Data Service”) (collectively, the “PLDT Services”) will be installed. The term “microbusiness” refers to small businesses that meet PLDT’s criteria, which will be subject to change at PLDT’s sole discretion.
PLDT will provide the PLDT Services in accordance with the following terms and conditions and in compliance with the applicable rules and regulations of the National Telecommunications Commission (NTC) and other appropriate government agencies.
A. TELEPHONE SERVICE
- Telephone Device. PLDT will provide the Subscriber with a telephone device to enable PLDT to provide the PLDT Telephone Service. The Subscriber will pay the applicable tolls and charges for all outgoing calls originating from the telephone device.
- Warranty. The telephone device will have a warranty against defects within the period indicated in the service manual. The warranty period will be reckoned from the date of installation of the telephone device. Beyond the warranty period, PLDT will not be liable to repair or, in case of factory defects, replace the defective telephone devices.
- Disconnection. PLDT may disconnect or discontinue the PLDT Telephone Service if PLDT determines that (a) the Subscriber does not qualify as a PLDT Home Biz subscriber or (b) such measures are necessary to protect PLDT against fraud or abuse of the PLDT Telephone Service.
B. DATA SERVICE
- Access to the PLDT Data Service. The Subscriber shall be given a user name and password (collectively, the “Access Code”), which will serve as the Subscriber’s keys in accessing the PLDT Data Service, which refer to broadband services such as the Digital Subscriber Line (or “DSL”) or Fibr®. The Subscriber shall be responsible for keeping confidential the Access Code and hold PLDT free and harmless from any unauthorized use of the PLDT Data Service through the Access Code.
- Minimum Speed and Service Reliability Applicable to Broadband Services. PLDT guarantees a minimum internet connection speed of thirty percent (30%) of the subscribed speed at eighty percent (80%) minimum service reliability across all plans subject to the performance of the subscriber’s computer, traffic of website/s visited, quality of in-house wiring, and other factors beyond the control of PLDT including, but not limited to, the software configuration and application on the Subscriber’s computer (in particular how it uses the uplink back to the PLDT exchange); the Subscriber’s hardware or modem; and the capacity of, load on, and 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.
- Bandwidth, Data Storage, and Other Limitations. The Subscriber shall be bound by the current bandwidth, data storage, and other limitations of the PLDT Data Service. The Subscriber shall ensure Home Biz Terms and Condition ver 2 09242021 that his or her use of the PLDT Data Service will not, in PLDT’s sole discretion, improperly restrict, inhibit, or degrade PLDT’s or any other party’s use of the PLDT Data Service nor cause or impose an unusually large burden on the PLDT network.
- Acceptable Use Policy. PLDT supports and promotes good citizenship within the internet community and will respond appropriately in case it becomes aware of any inappropriate use of the PLDT Data Service. PLDT reserves the right to monitor bandwidth and usage, identify violations of the Acceptable Use Policy or any inappropriate use of the PLDT Data Service, and protect the PLDT network and other customers using it.
If the PLDT Data Service is used in a way which PLDT considers inappropriate, PLDT will, without incurring any liability, take action as it deems necessary, which may include, but is not limited to, preventing access to the PLDT services that were inappropriately used or were used in connection with, or resulting in, violation of the Acceptable Use Policy or as may 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, including any violation of Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, and Republic Act No. 9208 or the Anti-Trafficking in Persons Act of 2003, or any and all succeeding amendments thereof. PLDT reserves the right to immediately suspend or terminate PLDT Services upon notice from a competent authority or upon knowledge that its network, facilities or services are being used for the delivery, transmission, or storage of any form of sexual abuse or exploitation of children, or all forms of child sexual abuse and exploitation material (CSAM) and/or any acts which the law considers as violation of law or laws relative thereto.
C. GENERAL TERMS AND CONDITIONS OF THE PLDT SERVICES
- Installation of the PLDT Services. Within fifteen (15) working days from submission of the duly accomplished Customer Information Sheet, Subscription Certificate, and related forms, and completion of the required steps, PLDT shall proceed to install the subscribed PLDT Services subject to the availability of PLDT facilities in the Subscriber’s given address. In case there are no available PLDT facilities in Subscriber’s area, PLDT shall not be liable in any way for its inability to install the PLDT Services applied for.
- Fees, Rates, and Charges. The Subscriber shall pay PLDT with the full amount of the applicable monthly service fee, rate, and/or charges (collectively, the “Total Charges”) for the use of the PLDT Services in accordance with the Subscriber’s selected plan.
- Service Commitment, Additional Charges, and Property Rights. The Total Charges due to PLDT shall continue to accrue without deductions even in case of service interruption. Due to the nature of the Internet, PLDT does not guarantee fast and efficient internet access to be available at all times. However, PLDT shall exert its best efforts to ensure continuously available and reliable internet connection at the premises of the Subscriber.
PLDT owns the property rights and interest in the PLDT Data Service and all that is attached to the system. The Subscriber undertakes to uphold the property rights and interests of PLDT and binds itself to refrain from taping, recording, duplicating, or reproducing, in any manner or form, and for any purpose, the programs, trademarks, logos, copyrights, and services received by and passed on to the Subscriber under these terms and conditions.
- Payment. The Subscriber shall fully pay any and all outstanding Total Charges on or before the due date indicated in the PLDT bill.
- First Bill Charges. The Subscriber’s first bill upon activation of the PLDT Services may be higher than the subscription’s monthly service fee (MSF) due to installation or activation fees and/or modem fees, if any. The Subscriber agrees to settle his first bill and all succeeding monthly bills thereafter in accordance with applicable terms and conditions imposed by PLDT and provided for in the Subscriber’s plan.
- Payment Channels. Payments can be made at any partner bank and alternative payment channel, through mobile, internet, and phone banking, e-wallets or any of PLDT’s duly authorized collectors. PLDT 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 PLDT’s account. The Subscriber shall indemnify PLDT for any and all penalties, fees, and charges arising from, or by virtue of, the dishonor of the Subscriber’s check. PLDT reserves the right to (a) disconnect the PLDT Services for the dishonor of the Subscriber’s check; (b) discontinue the PLDT Services due to non-payment of overdue accounts; (c) subject to the limits prescribed by existing laws, rules, and regulations, impose penalties or interest for non-payment of overdue accounts; and (d) 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 and Charges. PLDT reserves the rights to increase any of the fees and charges or impose new or additional fees and charges applicable to the PLDT services, subject to appropriate approvals from the NTC or and other government agency having jurisdiction over the approval thereof.
- Taxes and Other Charges. Any and all taxes including value-added tax (VAT) and/or Overseas Communications Tax (OCT), charges, fees, and other imposts that may be imposed by the government of the Republic of the Philippines or any of its instrumentalities or other applicable authority in connection with or incidental to the provision of the PLDT Services shall be for the exclusive account of the Subscriber.
- Reconnection. The Subscriber may have the PLDT Services reconnected by paying to PLDT: (a) all outstanding Total Charges; (b) the applicable delinquency charges; and (c) reconnection fee.
- Termination Penalty and Downgrade Processing Fee. Service termination requests shall take effect within a reasonable period from PLDT’s receipt of the request. The appropriate termination penalty and processing fee for plan downgrade may apply depending on the applicable rates and promos for the PLDT Services.
- Credit Limit. PLDT may, at its sole discretion, set a Credit Limit which represents the Subscriber’s cap to enable him to manage his usage of the PLDT Services within a billing cycle. If the Subscriber exceeds the Credit Limit, PLDT may require payment even before the end of the Subscriber’s billing cycle or PLDT may notify him through any of his contact details/numbers or at the point where the Subscriber applies for an additional service or product. PLDT may bar, suspend, or disconnect the PLDT Services as soon as the Subscriber exceeds his Credit Limit, or when warranted by abnormal usage patterns or other circumstances, without need of prior notice from, and liability on the part of, PLDT. The Subscriber agrees to pay for all usage whether within or in excess of his Credit Limit in order to continuously avail of the PLDT Services. PLDT reserves the sole right to review the criteria for the increase/decrease of the Subscriber’s Credit Limit and approves or disapproves any such request subject to existing terms and conditions.
- Credit Rating. The Subscriber’s account profile which may include, but not be limited to, the payment history and tenure, shall be categorically measured under the Credit Rating System which PLDT may use as reference in approving applications for other products and services of the Subscriber.
- Aftersales Request. PLDT reserves the right to approve or disapprove any request for additional services and products in accordance with PLDT’s credit and other applicable policies.
- Reselling and Illegal or Prohibited Use. The Subscriber’s right to use the PLDT Services is personal to the Subscriber. The Subscriber agrees not to make any unauthorized commercial use of the PLDT Services without the prior, written, and express consent of PLDT.
- The PLDT Services should not be utilized in bypassing, or in any activity that tend to bypass, the Public Subscriber Telephone Network (PSTN) of PLDT or be used in prohibited services such as callback, dial back, unauthorized audio text, International and National Simple Resale (ISR/NSR) and other similar services (the “Unauthorized Activities”).
- PLDT will be entitled to receive a bypass compensation fee from the Subscriber on account of any of the Unauthorized Activities. The bypass compensation payable will be reckoned, without any limitation, from the time the Unauthorized Activity accrued or was discovered by PLDT, whichever is earlier, until the actual cessation thereof. For this purpose, PLDT shall have the right to full access to the relevant books and all other records of the Subscriber in order to ascertain the volume of traffic and total amount of bypass compensation payable. In the absence of said record, PLDT shall have the sole discretion in determining the bypass compensation.
- In addition to the Unauthorized Activities referred to above, the Subscriber undertakes not to use the PLDT service for any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation, or treaty (the “Illegal Activities”).
- The Subscriber agrees to indemnify and hold PLDT free and harmless from any liability, suit, or damage arising from, or connected with, the Subscriber’s Unauthorized and/or Illegal Activities. The Subscriber authorizes PLDT to preserve and supply any and all information requested by any law enforcement or government agency, or, as permitted by law, other private entities, relative to the Subscriber’s subscription to, and activities arising from, the PLDT Services. Accordingly, the Subscriber irrevocably and unconditionally waives any and all its relevant remedies under the law, including, but not limited to, the right to claim damages against PLDT arising from PLDT’s act of supplying such requested information.
- The PLDT Services are not intended for national/international resale of voice and/or data. Thus, the PLDT Services may not be used for VAS license application with the National Telecommunications Commission or any other regulatory body without prior notice and consent of PLDT. The PLDT Services shall be immediately suspended or terminated any time and without prior notice should PLDT find any unauthorized used thereof as defined herein or that the same have been utilized other than the specified and intended purposes.
- Customer Premises Equipment (CPE). The Subscriber shall take proper care of CPEs and undertakes not to remove them from the place of connection nor directly or indirectly allow the connection, disconnection, movement and/or alteration of the CPEs by any person other than authorized PLDT personnel.
- PLDT-owned CPEs refer to PLDT-provided modem-routers, telephone sets, cable including connections and other accessories provided by PLDT and installed at the Subscriber’s premises. Except for PLDT-owned CPEs for prepaid telephone service, all PLDT-owned CPEs will remain the property of PLDT and will be pulled-out and/or returned to PLDT upon termination of the PLDT Services.
- Customer-Owned CPEs refer to PLDT-provided CPEs which are paid by the Subscriber in full upfront or in installments. Ownership over the CPEs will be transferred to the Subscriber upon full payment of the subscription. As a condition for the subscription to the PLDT Service, the Subscriber assigns his rights to manage the Customer-Owned CPEs to PLDT. In case the Subscriber refuses to assign his rights to PLDT, the Subscriber will be obliged to sign a Waiver and Assumption of Liability, provided in the immediately following paragraph.
The Subscriber will not be provided with full administrator rights to the CPEs due to the security risks to which the Subscriber may be exposed. In any case, full administrator rights to the CPEs may be requested through PLDT’s customer channels provided that the Subscriber submits a duly executed Waiver and Assumption of Liability, the form for which can be reviewed at the PLDT website. Click here to view and download the form.
- Customer-Owned Attachments. For permitted customer-owned attachments, the Subscriber agrees to be solely responsible for any security breach that may arise from the use thereof such as, but not limited to, Private Branch Exchange or PBX hacking, in-house fraud, unauthorized call forwarding, or illegal connection through house cable wiretapping, and agrees to be liable to PLDT for all call charges accruing as a result of such security breach. Subscriber shall not in any manner undertake re-tagging of lines either directly or indirectly or provide for dummy numbers to be reflected as the calling number from their customer-owned attachments using the PLDT Services, without the prior written consent of PLDT. In case a permitted customer-owned attachment affects or impairs the quality of the PLDT Services, PLDT shall have the right to demand the immediate disconnection or discontinuance of the use thereof.
- Lock-in Period. The Subscriber acknowledges and agrees to the lock-in period for the PLDT Services availed of such that, if the Subscriber chooses to downgrade the plan or transfer to another address where there are no available PLDT facilities to continue serving the Subscriber of the availed PLDT Service, or pre-terminate or cancel the subscription within the lock-in period, the Subscriber will pay the relevant pre-termination fees, charges, and penalties imposed by PLDT.
- Disclaimer and Limitation of Liability. Except as provided under these terms and conditions, PLDT gives no warranty with respect to the speed and quality of data or voice transmitted by, and any intrusions on the telephone lines, software/internet access of the Subscriber. PLDT 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 PLDT Services or the software/internet access, even if PLDT had been advised of the possibility of such damages, or for any claim by any other person.
In case of service interruption, PLDT shall not be liable for any and all damages that may be suffered by the Subscriber for the service interruption.
The Subscriber shall indemnify and hold PLDT, its directors, officers, and employees free and harmless from any liability arising from any and all suits, actions, and/or claims made by any person, natural or juridical, against the Subscriber or PLDT arising from the Subscriber’s use of the PLDT Services. Notwithstanding anything contained herein to the contrary, any liability adjudged against PLDT in connection with or arising from the PLDT Services shall be limited to the payment of the most recent charges actually received by PLDT from the Subscriber.
- Disconnection. Subject to existing provisions of law, violation of any of these terms and conditions will give PLDT the right to immediately suspend, disconnect, or terminate 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 PLDT as a consequence of such violation.
- Collection Agency Fees. In case it will be necessary for PLDT to resort to court action or litigation, or use the services of a collection agency, the Subscriber shall pay a penalty of 25% of the amount due as collection fees or attorney's fees, in addition to damages or billing for services, penalty, charges, and surcharges.
- Non-Transferability. The PLDT Services and the pertinent CPEs may not be leased, assigned, or transferred by the Subscriber without the prior written consent of PLDT. Any lease, assignment, or transfer made without the consent of PLDT will be void and PLDT shall have the right to continue billing and holding the Subscriber on record liable under the pertinent terms and conditions as if no such lease, assignment or transfer was made.
- Amendments. PLDT reserves the right to amend these terms and conditions. Any such amendment shall take effect thirty (30) days from notice to the Subscriber, through publication, or by posting at the PLDT website. The continued use and availment of the PLDT Services shall give the undisputable presumption that the Subscriber fully agrees and undertakes to adhere to such amendments.
- Cumulative Rights. All rights, powers, or remedies under these terms and conditions granted to PLDT shall be cumulative and not alternative and shall be in addition to and not in substitution for and in derogation of the rights, powers, and remedies conferred to PLDT by law.
- Non-Waiver. The failure of PLDT to enforce any of its rights under these terms and conditions, 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 the PLDT Services is declared to be invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will not be affected or impaired thereby.
- Venue of Actions. The parties agree that the venue of all actions arising from any of these terms and conditions shall be the court of proper jurisdiction of Makati City, Metro Manila, Philippines to the exclusion of any other venue.
- Other Terms and Conditions. The other terms and conditions, including any amendments thereof, of the PLDT Services are found at the PLDT website at www.pldthome.com/biz-terms-and-conditions