Terms and Conditions

a) These terms and conditions shall govern the sole and hire of all equipment and services provided by XtreamInternet Installation Services, with a business address at Phase-1, Block-6, Lot-16, Advent Homes, Ayala,ZamboangaCity,hereinafter referred toasthe“Provider”.
b) ThepartywithwhomXtreamshallenterintothisagreement shallhereinafterreferredtoasthe“Subscriber”.

• The service subscription for Xtream Fiber Internet service shall be 30 days starting from service activationdateand will be renewed automatically on a monthlybasis.

Service Availability
a) ServiceisavailablewithinXtreamFTTHcoverage.
b) Xtream cannot guarantee the accuracy of Internet speed all the time because of technical barriers, natural oroperationalimpacts on its network.

Subscription or Renewal Start
• Subscription starts from the day the Subscriber activates or renews his service successfully. AutomaticRenewal shall be applied unless otherwise the Subscriber notifies Xtream for thecancellationofthe service atleast3daysbefore thesubscription expires.

Temporary Suspension
a) Subscribercan request tostopthe servicetemporarilybycalling Xtream’scontactnumber.
b) ONT Modem: In order to subscribe to Xtream Fiber Internet, the Subscriber must have the Xtream fibernetwork to his/her home and an Optical Network Terminal (ONT) installed and activated inside the premises.The ONT modem is provided as part of the installation fees when the Subscriber visits the Xtream’s Office orsubscribeto the service.
c) The ONT modem device is under the manufacturer’s warranty for one (1) month starting from the serviceactivation. In case the device is malfunctioning due to manufacturer defect, it will be replaced free of chargeduringthewarranty period. Liquidor physicaldamageis not coveredbythemanufacturer’swarranty.
d) In case the device is malfunctioning due to customer misuse or negligence, the Subscriber shall pay thedevicereplacementfees.
e) In case the device is malfunctioning as a result of unstable power supply, brownouts, fluctuations, and othercircumstance cannot be controlled by the Provider, the Subscriber should, willfully and voluntarily replace themodem at his/her own expense. Xtream will therefore install and reconnect the Subscriber’s connection freeof charge.

Eligibility and Required Documents
Any subscriber is eligible to get the service as long as he/she is within the coverage of Xtream’s FTTH network.Subscribermustprovide thefollowing:
1) ValidID
2) FullyaccomplishedXtreamServiceAgreementForm(thisform)

Service Request:
1) Subscriber can request the service by calling Xtream’ s contact number, sending email to Xtream’s officialemailaddress,or visiting theXtream’s office.
2) OfficialworkinghoursforservicingisfromMondaytoFriday,from8:00A.M.until4:00P.M,exceptonholidays.Anyrequestreceived outsideofworking hoursshallbe served thenextworking day.

Installation Rules
1) TheSubscribermust bepresentatthetimeoftheinstallation,oranyoneappointedbytheSubscriber.
2) Incasethesubscriptionagreementhasnotbeensigned,theSubscribermustbepresentandsigntheAgreement before the installation.
3) Xtream’sinstallationteamvisitstheSubscriber’spremisesattheconfirmedappointmenttimetoinstallcabling,sockets and all required equipment.The Subscriberisadvised on theproper usage.
4) TheinstallationteamshallconnecttheONT modemdevice.
5) TheinstallationteamshallconfiguretheONTmodemdevice.
6) Attheendoftheinstallation,theSubscriberorhis/herrepresentativeisrequiredtosignacceptanceor confirm theinstallation.

Packagechange, ServiceRelocation, and Early Termination
• IftheSubscriberwouldlike tochangethepackage/orthespeedorbothpackageand thespeed penaltyfeescan apply based on his remainingcommitmentorrequired change.
• SubscribercanrequesttorelocatehisservicewithintheXtream’sFTTHcoverage.TheSubscribershallbechargedfor any additional costs required forthe relocation.
• If theSubscriberwouldliketostoptheservicebeforetheexpiryof theagreement(earlytermination),penaltycanapply based on his remaining commitment.

Monthly Payment/Bill Due
• Monthly Subscriptionfeewillbedueonafter every days days from the activation date.
• Subscribershallreceiveanotificationthrough SMS/Emailonce thebillisduefor payment.
• Subscribershallgettheservice backonce payment ismade.
• NocompensationshallbegrantedforthedaysthattheSubscriberdoesnotgettheserviceduetonon-paymentcases.
• If Subscriber fails to pay his bill within the specified period, Xtream may temporarily suspend service to theSubscriber, without prejudice to Xtream’s rights to recover any amount which may be due at the time ofsuspensionor which may accrue during the timeofsuspension.
• IfSubscriberdoesnotpaythebillafterfinalnotification,hisservicewillbeterminatedandhewillberequestedtopay all due amounts,including early termination feeswhen applicable.
• Thebillshallbefinal andconclusiveevidencefor theamountsduebytheSubscriber.
• TheSubscribershouldpayhisdue billnot laterthan3 daysfromthebilldue date.
• On the tenth (10th) day from the bill issuance date, the service will be suspended until the subscriber payhisdue bill amount.
• On the fourteenth (14th) day from the bill issuance date, and if the Subscriber did not pay the due bill amount,hisinternet servicewill betemporarily disconnected.
• Xtream has the right to change the above policy from time to time and should inform the Subscriber on thechangesthirty (30) daysbefore applying it.

Termination of the Service
ThisAgreement shallbeterminatedduetothefollowingreasons:
• Unauthorized selling of the internet service
• Subscriberdidnot maketheneeded payment
• Xtreamrequest: Duetoany breachofXtream’stermsandconditionsof service bytheSubscriber
• Subscriberrequest, earlytermination(feesmight apply)
• Xtream reserves the right to terminate this Agreement in part or in whole or any service provided under it atany time in case of technical obstacles preventing Xtream from providing the service during the originalagreementperiodoranyrelatedextension.Xtreamshouldinformthesubscriberinsuchcasebywrittennoticenotless than 30 daysfromthe Agreementtermination.
• Xtream shall be liable or responsible to Subscriber for any violation or breach resulting out or in connectionwith such termination. Moreover, Xtream will not undertake to pay any losses, expenses or compensationclaimsraised by the subscriberregarding this termination.

Access and Leave
It is required for the provisioning and maintenance of Xtream services that the Subscriber shall allow access at allreasonable times to Xtream employees in the execution of their duty for the purpose of maintaining, inspecting, orrecoveringtools and equipment.

Xtream reserves the right to provide its services as per the applicable law and Xtream Terms and Conditions.UnauthorizedmodificationinorinstallationofXtreamequipmentperipheralswithoutpermissionfromXtreamisstrictlyprohibited.

Xtreammaycollectdepositsfromapplicantsandcarryoutsuchchecksoncreditreferences,astheydeemnecessary.Depositsmayalsobe requestedbeforeservice isprovided/disconnectedforlate payment of Subscriberdues.

Disconnection and Claiming Compensation
Xtream reserves the right to claim compensation and/or disconnect all services to the Subscriber if the Subscribershall:
1) Delay payment of Xtream charges in respect of any or all service Agreements with Xtream. Failure toreceivebill does notconstitute avalid reason fornon-payment.
2) Play, tamper with, or open any Xtream equipment or any internal circuit or other component of suchequipment.
3) WithoutfirstobtainingXtream’spermissionorauthority,interferewithXtreamequipment orcauseorpermitany attachment to be made to, or anything to be placed in electrical contact with, or to be used in such amanner or position in relation to Xtream equipment that transmits messages or other communications to orfromsuch equipment.
4) Use of profane language or fraudulently or maliciously use the telecommunication system in a mannerprohibitedby law.
5) UnreasonablymonopolizeXtream’slinesandfacilities.
6) IntheopinionofXtream,commit anybreachof these“TermsandConditions”

Fault Reporting
Responsibility for the reporting of faulty operation of the equipment rests with the Subscriber. Except for non-Xtreamequipment, theSubscribershallnotattempttorepairormodifytheequipment, norpermitathirdpartyto doso.

a) Limitations of Xtream’s liability: Xtream shall not be liable to the Subscriber in damages or otherwise, forany delay in providing or restoring the services, or for the loss or damage occasioned by the total or partialinterruption or disconnection or service. No abatement shall be made from the rental reason of whatevercause unless the service was totally unserviceable for a continuous period of not less than one calendarmonth. However, Xtream shall, under no circumstances, be liable for any loss of profit or income or for anyotherindirector consequential loss or damage.
b) TheSubscriber’sliabilityforequipment:Subscribershallbeliableforthecostofanycallsmadeorotheruseof the equipment whether with or without his/her knowledge or permission and are liable for the loss ordamage to Xtream’s equipment hired by him/her. The Subscriber shall pay to Xtream on demand, theamount ofdamage,beyondfair wearand tear,tothe equipment.
c) Notwithstanding the above and without prejudice to any further claim by Xtream, if any equipment shallsufferanyfault ordamageasaresultofanyactoromissioncommittedincontraventionthisAgreement,theSubscriber shall pay to Xtream double the cost of repairs of such equipment and shall undertake not tohandle to mishandle or abuse the equipment any further. Xtream shall be bound to repair the equipmentuntilthis Agreementisfully satisfied bythe Subscriber.
d) Subscriber’sliabilityfordamagecausedbyattachments:TheSubscriberofthisserviceshallbeliableforanyloss or damage to the Xtream’s network resulting from the use of any equipment/products which are non-type approved by Xtream without prejudice to the right of Xtream to initiate legal action against suchsubscriber. This statement shall not be interrupted to indicate Xtream acceptance of the use of non-typeapprovedproducts/equipment.

Responsibility for Death and Injury
Xtream shall not be responsible for any death and/or injury to any person howsoever arising from the operation of theequipmentandtheSubscribershallindemnifyXtreamagainstallclaimsmadebyoronbehalfofanypersonhowsoeverarisingfrom any death and/or injuryorloss and/or damage to property.

Cancellation of Service Order
If the Subscriber cancels his service order, Xtream may charge cancellation fees. Xtream reserves the right to rejectany subscription or access to any of the services available if it finds out that information provided by the Subscriber isincorrect/inaccurate.TheSubscribershallthenhavenolegalrightstoclaimsuchsubscriptionortoapplyfortheservice.

Suggestions from Subscribers
Xtream welcomes suggestions from Subscribers that are related to introduction/development of service etc. However, Subscribers shall be fully responsible for the genuineness of these suggestions. Xtream does not assure adoption/enforcement of suggestions, nor does it pay any specific amount against enforcement of any suggestion(unless this is mutually sand specifically agreed upon). Xtream shall be held responsible towards any third party foranyclaims arising outof anysuggestions introduced or implementedatanytime.

• Xtream reserves the right to change, amend or reproduce these Terms and Conditions from time to time as itmaysee it.
• Any such change, amendment or reproduction shall immediately be binding on the Subscriber from the dateonwhich itis issued by Xtream.

Terms and Conditions Related to Regulators
Subscriber has been informed that the subscription with its related terms and conditions as per this Agreement clauses are subject to related local regulators of the Republic of the Philippines, including DICT (Department of Information and Communication Technology) and the National Telecommunication Commission (NTC). Those regulators have the rightto modify these Terms and Conditions at any time. Accordingly, the Subscriber commits to adhere to all the terms andconditions imposed by related regulators and any modifications on those terms that will be imposed by the companyand/oranyrelatedlocalorgovernment regulatorafterbeinginformedof thoseupdatedtermsandendorsing it.

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