PLDT DATA SERVICES TERMS AND CONDITIONS

1. Customer responsibilities The customer shall have the following responsibilities for the proper installation, operation and maintenance of the service requested: Provide access and clearance allowing duly authorized PLDT personnel to enter and leave the subscribers premises at all reasonable hours or at such frequency as may be necessary for the purpose of conducting site surveys, installation, inspection and maintenance, and/or removal of its equipment and facilities used in connection with the data service. Prepare all the required civil works, conduits and in-house wiring installations prior to the installation of service. For Microwave Radio and VSAT installations, electrical, civil works and tower construction (if applicable) are for the account of the customer and must comply with engineering standards required by PLDT. Provide the required Uninterrupted Power Source (UPS) or Automatic Voltage Regulator (AVR) in each location to ensure the uninterrupted power supply necessary for the continuous operation of the service. Provide the interface cables between the PLDT equipment and the Customer Provided Equipment (CPE). Ensure that no connection, disconnection, movement, and/or alteration of any and all equipment and facilities furnished by PLDT are conducted by parties other than the duly authorized PLDT personnel. Provide a secure, clean and a well ventilated and air-conditioned room suitable for the proper and continuous operation of all equipment used in the provision of the service. Provide due care to all PLDT owned equipment installed in its offices. The customer shall be liable for any loss or damage on the equipment upon completion of the installation by PLDT unless such loss or damages is directly due to causes beyond its reasonable control. Undertakes not to assign, transfer, sublease, charge or otherwise part with the said equipment; neither shall the customer permit any extension of the service regardless of whether or not the said extension may cause damage or interference to the service, without prior written consent and approval of PLDT. Provide its own additional protection to its system against external attacks/hacks. In the event of such occurrence, it is the Customers responsibility to investigate the matter with the proper assistance of PLDT or its affiliates and/or Subsidiaries. 2. Applicable Prices and Taxes Prices quoted are based on initial network design/configuration presented subject to change depending on the final network configuration determined during the actual survey. PLDT shall inform customer of any change in the network configuration and seek prior approval for any change in price from the original proposal as a result of the difference between the network design/configuration presented and the actual configuration. Unless otherwise indicated, the prices quoted above are exclusive of the 10% Value Added Tax (VAT)/ Overseas Communications Tax (OCT). Applicable taxes may apply for services provided by foreign carriers (Applies to international services only). For customers claiming tax exemptions, the necessary exemption certificates and/or documents shall be submitted prior to installation of the service. The prices provided for herein shall be valid for thirty (30) days from the date of proposal. 3. Installation and Lead-times Installation and activation of service shall be __30-45___ working days reckoned from receipt of the signed conforme letter by PLDT Sales. The projected installation and activation lead time above shall apply to requests for service within PLDT franchise areas only. Installation and activation lead time may vary for service requests outside the said franchise areas or when the provision of service requires the construction and installation of additional or new facilities. 4. Acceptance of the Service

Upon activation, PLDT shall test the circuit, and if acceptable within industry standards, PLDT shall turn over the circuit to the customer and issue an Endorsement of Property and Service (EPS) for customer acceptance. PLDTs responsibility shall strictly relate to the service as described in the proposal only. PLDT expressly waives liability for claims arising from internal hardware problems and software requirements of the customer.

5.

Payment Terms Billing shall commence __8_____ days from service activation as indicated in the EPS form duly signed by the customers authorized or designated representative/s. PLDT has the option to provide the bill for the service using any media available such as but not limited to electronic mail, CD, printed bill sent through courier or mail. Upon receipt of the bill either through a billing statement sent through either of the above means, payment must be remitted to PLDT within the stipulated due date as indicated in the bill.

6.

Contract Period The minimum contract term shall be __1__ year/s from the date of activation of each link. If PLDT does not receive any written termination advise from the customer on or before the end of contract date, the contract shall be deemed automatically renewed for another year.

7.

Cancellation of Order In case of cancellation of order: After installation works have been started but prior to acceptance of the service, the customer shall pay 100% of the total contract value for the CPE (routers, multiplexers, radio equipment, special equipment and others) and 20% of the total contract value for the network service to compensate PLDT for the cost it incurred in the installation works. If the circuit is not accepted by the customer after it has passed the BER and parameter testing, the customer shall pay the cancellation charges as follows: i. Standard installation charges or actual installation expenses incurred (whichever is higher) ii. Actual de-installation charges incurred iii. One-month charges/rental

8.

Pre-termination of Contract In case of pre-termination of contract: Customer is required to submit a written notice at least one (1) month prior to the date of circuit termination stating the reason/s for such request. Pre-termination charge equivalent to 100% of the unrealized monthly revenue charges for the unexpired term will be imposed if pre-termination is done without cause. In addition, a de-installation charge will be imposed amounting to the actual total expenses incurred. Total pre-termination charge shall be computed as follows: Total Pre-termination Charge = No. of months remaining in the contract x Monthly Charge + actual expenses incurred in the recovery of equipment and facilities (De-installation cost)

9.

Discontinuance of Service PLDT has the option to discontinue the service for non-payment of overdue accounts including accounts involving other existing PLDT services which, based on PLDTs records, are maintained or owned by or kept under the same customers name. Aside from the outstanding charges of the customer due to PLDT, applicable pre-termination charges shall be imposed. The basis for disconnection of service will be the date of receipt of the PLDT billing statement or the date the electronic bill was sent. The PLDT Product or Service is intended for the customers own internal operations and not intended for national/international resale of voice and/or data. These circuits will not be used for any Voice Callback, or any form of PSTN by-pass operation similar to that of an ISR (the Unauthorized Use/s). PLDT RESERVES THE RIGHT TO TERMINATE/CANCEL THE SERVICE ANY TIME SHOULD WE FIND THAT THE SERVICE OR ANY OF THE LINES ARE UTILIZED OTHER THAN FOR THE SPECIFIED PURPOSE. PLDT ALSO RESERVES THE RIGHT TO COLLECT MONETARY COMPENSATION DUE TO REVENUE LOSS OCCASSIONED BY SUCH UNAUTHORIZED OPERATIONS. In addition to having the Service temporarily / permanently disconnected and/or the telephone lines (if applicable) barred from toll placement, there shall be a 2% penalty per month for accounts with 90 days past due.

10. Force Majeure

PLDT shall not have any liability whatsoever or be deemed to be in default for any delay or failure in the performance under this Agreement resulting from acts beyond its control, including without limitation acts of God, acts or regulations of any governmental or supranational authority, war or national emergency, accident, fire lightning, riot, strikes, lock-outs, industrial disputes (whether or not involving PLDTs employees) or epidemics. 11. Rebates Rebate computation shall be as follow: Rebate for the Month = Monthly Rental X Total downtime for the month (in hrs.) 730 Hrs.

This Rebate is subject to the following conditions: a. b. c. d. All applicable rebates will be computed based on PLDTs corporate helpdesks (177) records. Customer is required to send a formal written request to avail of the rebates. Customer shall be responsible to report to PLDT Helpdesk any outages experienced by the network. For outages monitored by PLDTs NMS, PLDT will voluntarily apply applicable rebates without any need for the customer to report or claim rebates. The following outages are not subject to rebates: Outages due to customers fault, equipment failure and applications. Power failure in customers sites Scheduled maintenance Last mile facilities provided by Private Telephone Companies (PTCs) and third party VSAT equipment. Force Majeure as indicated in section 10.

12. Acceptable Use Policy for PLDT Data Services

The use of the Service for any activity that is contrary to laws, morals, customs or public policy or which violates any ordinance, decree, order or regulation, or affects, interferes with or disrupts the use of the Service by other parties or the manner by which PLDT provides the Service or any other services shall be deemed inappropriate use and shall be considered as a violation of the acceptable use of the Service under these Terms and Conditions (the Acceptable Use Policy). A) Acceptable User Policy for Customer Premises Equipment (CPE) {if applicable} PLDT leases router equipment, switches, and access points (from hereon to be referred to collectively as CPEs to customers for installation on their premises. These PLDT-provided routers (host and remote) are provided to allow connectivity to the Brains network. The switches and access points are provided to allow Local Area Network connectivity to the customer. The following terms and conditions apply to all PLDT-provided Customer Premises Equipment (CPE): a. Managed CPE includes CPE management with the following services : a.1. Lease of the CPEs. a.2. Initial Configuration and subsequent re-configurations of CPE settings. Re-configurations shall be done on a per-request basis and may or may not involve charges. a.3. Troubleshooting and repair: includes remote troubleshooting and unlimited on-site repair as the need arises. b. The router is provided for the sole purpose of connecting the Customer's network to the Brains network via one or more serial ports. The switch is to be used for the sole purpose of accessing the Customer's local area network (LAN) that is connected to the PLDT network via a PLDT-managed router or DSL CPE. The wireless LAN equipment are to be used for the sole purpose of accessing the Customer's local area network (LAN) that is connected to the PLDT network via a PLDT-managed router or switch or DSL CPE. For router maintenance and management purposes, customers are requested to allocate 1Kbps per remote site on the host frame relay port for monitoring and control. PLDT will provide either Static or Dynamic routing to the customer's internal network at the customer's request.

c.

d.

e.

f.

g. h.

PLDT does not allow SNMP read/write access to the PLDT CPE going to clients NMS. PLDT will provide Static or Dynamic routing to specific customer between the CPE router and the PLDT management router. PLDT does not permit the connection of other providers equipment or connections to any PLDT CPE, managed or otherwise, and will not be responsible for configuring other provider's equipment. Connecting non-customer equipment (e.g. customer's downstream customers equipment) to a PLDT router is also not permitted. The PLDT router is intended for the customers enterprise network only. It is provided for connectivity to Brains and must be used as an edge device. PLDT provides only WAN addresses and not LAN addresses. The addresses for the LAN segment are merely redistributed by the managed central routers of the client. PLDTs responsibility is up to the managed CPEs only. The enterprise network should have their own means of securing their network. User authentication and authorization is the responsibility of the Customer. To prevent any unauthorized person from tampering or accessing the CPEs, a security seal will be applied on the console port and on the auxiliary port of the clients router. The seals are applied after the client or the customer has accepted the site. Prior to applying the security seal on the managed CPEs, an acceptance test shall be conducted between PLDT and the Customer. Customer agrees to provide a suitable space for the switch, which is reasonably secure, has ample ventilation, allowing at least 3 clearance around ventilation openings, and ambient temperature not exceeding 104 oF (40 oC). Additional Information: o o WLAN operation may cause interference to radio and TV reception. It is advised to keep said devices as far as possible to the access point. Microwave ovens and 2 GHz cordless phones can cause signal interference thereby reducing the range and throughput of the wireless LAN system. It is advised to keep said devices as far as possible to the access point. Avoid extended body exposure within 8 inches to the antenna. Avoid extended body exposure within 2 inches to the wireless card.

i.

j.

k.

l.

m.

n.

o.

o o

13.

Violation of the Acceptable Use Policy

In PLDTs efforts to promote good citizenship within the Internet community, PLDT will respond appropriately in the event that it becomes aware of inappropriate use of the Service. PLDT and its various affiliates and partners reserve the right to monitor bandwidth, usage and content from time to time to operate the Service to identify violations of the Acceptable Use Policy, and/or to protect the network and PLDT users. PLDT shall advise Customers/Subscribers of inappropriate behavior and take any necessary corrective action. However, if the Services are used in a way which PLDT, in its sole discretion, believes violate the Acceptable Use Policy, PLDT may take any immediate responsive action its deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content and the immediate suspension or termination of all or any portion of the Service. PLDT shall not be liable for any such responsive actions and shall be without prejudice to any action available to PLDT under these Terms and Conditions, the law or in equity in order to recover any and all damage/s suffered by PLDT arising from the violation of the Acceptable Use Policy.

PLDT reserves the right to investigate suspected violations of the Acceptable Use Policy, including the gathering of information from the user or users involved and the complaining party, if any, and the examination of any information on PLDTs servers and network. During an investigation, PLDT may suspend the Service of the Subscriber and the Subscriber hereby authorizes PLDT to cooperate with (i) law investigation authorities in the investigation of suspected criminal violations, and (ii) system administrators of other internet service providers or other network or computing facilities in order to enforce the Acceptable Use Policy. Such operation may include PLDT providing the username, IP address, or other identifying information about the Subscriber. Upon termination of an account, PLDT is authorized to delete any files, programs, data and e-mail messages associated with such account.

I/We agree to hire the Service(s) and facilities mentioned and provided by PLDT and agree to be bound to PLDTs Terms and Conditions as stated above.

Conforme: Company Name: By: __________________________________________ Name of Authorized Signatory/Representative (Date) Position

Signed in the presence of:

Ma. Glenda M. Limjap

Sr. RM /RM Name (DATE) WITNESS