DITO Telecommunity Corporation


GENERAL TERMS AND CONDITIONS
DITO BUSINESS WIFIVE

  1. Introduction
    1. These Terms and Conditions for the DITO Business WiFive and WiFive To Go (this “Agreement”), contain the most current and applicable terms and conditions that apply to the Applicant’s subscription for the DITO Business WiFive and WiFive To Go described above (the “Service”).
    2. As applicant for the Service, the Company named above (the “Applicant”) (acting through the Authorized Company Signatory stated above) acknowledges the existence of this Agreement, and, by subsequently receiving the benefits of the Service, the Company agrees to be bound by and accept this Agreement.
    3. DITO Telecommunity Corporation (“DITO”) may amend the Agreement from time to time. Any changes shall take effect upon posting at DITO’s official channels. The Applicant should periodically review the contents of this Agreement.
  2. Definition of Terms
    1. Account (or DITO Account): a DITO Business WiFive and WiFive To Go plan assigned to a specific DITO Business SIM card and mobile number. Details of a DITO Account may or may not correspond to owner registration information under the SIM Card Registration Act. As the DITO Business WiFive Services are an enterprise-level solution, several Accounts may be issued to the Applicant and the Applicant may opt to further assign each Account to different Company Assignees based on its internal policies and practices. For purposes of the Service, all Accounts issued to Applicant shall be managed under Applicant’s name and credit.
    2. Applicant: the Company named in the Service Application Form. Unless otherwise indicated, the Applicant is considered to have entered this Agreement through the Authorized Company Signatory.
    3. Authorized Company Signatory: the Applicant’s Authorized Signatory or Corporate Representative based on the Form or on official documents as DITO may require from time to time.
    4. Company Admin: a representative of the Applicant who shall liaise directly with DITO for administrative or logistical concerns regarding or requirements for the Service or this Application. The Company Admin shall also manage the Applicant’s Accounts and the Company Assignees (if any). Unless otherwise indicated in the Service Application Form, DITO shall consider the Authorized Company Signatory as the default Company Admin of the Applicant.
    5. Company Assignee: an end-user of an Account as designated by the Applicant. Some examples are employees, consultants, officers, or contractors of the Applicant who the Applicant assigns an Account to.
    6. DITO Account Manager: DITO’s representative who the Applicant can liaise with directly for concerns regarding the Service or this Application.
  3. Required Documents
    1. As part of the application, the Applicant will be required by DITO to submit certain official documents, such as:
      1. (a) Incorporation or regulatory registration documents, such as Articles of Incorporation (or equivalent document), latest General Information Sheet (or equivalent document), Certificate of Tax Registration, or latest Business Permit
      2. (b) NTC VAS License (for Wholesaler and Reseller)
      3. (c) Certification issued by the Corporate Secretary or Resolution issued by the Board of Directors stating or confirming the authority of the Business Representative to bind the Applicant
      4. (d) Proof of Identification of the Business Representative (Company ID)
      5. (e) ** bank details
    2. DITO reserves the right to require the submission of further or other documentation, based on circumstances of the Applicant, the number of assignees/accounts involved, or other regulatory requirements.
  4. Term

    This Agreement shall take effect from the date the Service is activated by DITO or any date assigned by DITO, and shall be effective throughout the Contract Period as stated in the Service Application Form.

  5. Credit Limit
    1. DITO shall set an enterprise-level maximum credit that the Applicant may incur under the Service (the “Credit Limit”). This Credit Limit shall be the basis for the maximum recurring and additional charges for the Service and each Account issued under it. If allowed by the Service, the Applicant may set separate credit limits for each Account issued under the Applicant’s name.
    2. DITO shall have the sole discretion in revising the Applicant’s Credit Limit for the Service. DITO may, from time to time, review or revise the Credit Limit as DITO deems fit. Any changes to the Credit Limit shall be communicated to the Applicant through the usual communication channels or through the Company Admin. If for any reason the Applicant disagrees with the changes to the Credit Limit, the Applicant may inform DITO immediately; otherwise, the Applicant shall be considered to have accepted such change. 
    3. DITO reserves the right to waive, decrease, or increase the Credit Limit if the Applicant is a partner company or one of the top 1,000 companies in the Philippines.
  6. Plan Upgrade/Downgrade
    1. Once the Service is in place, Applicant may request for plan modifications whether for all Accounts under its name or for individual Accounts. Applicant may contact DITO through the usual communication channels or through its DITO Account Manager. DITO shall have sole discretion in approving any such request for upgrade or downgrade.
    2. If the requested plan upgrade/downgrade is approved, the corresponding adjustment in the Service and in the corresponding rates and fees shall take effect on the following billing cycle.
  7. Deposit
    1. DITO may require the Applicant to pay a deposit of such amount as may be determined by DITO as a guarantee for payments for the Service. The deposit shall not bear any interest.
    2. Without prejudice to DITO’s rights to recover amounts due from the Applicant, DITO may, at its sole discretion, offset the deposit against any amount payable by the Applicant in relation to the Service, or forfeit the deposit if the Applicant (or any Assignee) is in breach of this Agreement.
    3.  After deduction is made from all amounts due from Applicant, DITO shall refund the remaining deposit, if any, to Applicant within sixty (60) days from Applicant’s written request. Any unclaimed deposit for period of one (1) year from the termination of this Agreement shall be forfeited in favor of DITO.
  8. Billing
    1. All Electronic Statements of Account (eSOAs) relating to the Service shall be sent to the office e-mail address indicated in the Service Application Form. If the Applicant wishes to request for paper billing, the Applicant may do so by requesting with DITO via the 183 contact center hotline or contacting its DITO Account Manager.
    2. If the Account requires a “Mother” billing where all lines will be paid and managed solely by one corporate account, this shall reflect in the eSOA.
    3. eSOAs may be viewed, downloaded, or saved using a phone, tablet, or computer (PC / laptop). Should there be any changes on the Applicant’s office e-mail address, Applicant is expected to promptly notify DITO by calling the 183 DITO hotline or contacting its DITO Account Manager.
    4. As soon as an eSOA is available, DITO shall send a notification to the DITO App or via SMS to the concerned Account’s mobile number or to the Applicant’s e-mail address indicated in the Service Application Form. For security purposes, all eSOAs will be password protected. The instructions on how to input the password shall be included in the notification sent by DITO to the Applicant or to the concerned Acount mobile number. A one-time PIN (OTP) shall be sent via SMS or via e-mail. After entering the OTP, the Applicant (or its Company Admin) will be able to view, download, or save the eSOA.
    5. For billing-related inquiries or complaints, the Applicant or the concerned Assignee (if any) may contact DITO via the 183 DITO hotline, DITO Experience Stores, or the DITO Account Manager within thirty (30) days from receipt of the relevant eSOA. Failure to file an inquiry or complaint within this period shall mean that the Applicant or Assignee accepts the accuracy and correctness of the eSOA, making it final and conclusive. DITO shall respond to billing queries or resolve billing complaints within a reasonable time. Please understand that in responding to queries and in resolving complaints, DITO will rely on its records about the Applicant and the Service.
  9. Payment
    1. The Applicant is expected to settle the entire amounts indicated on each undisputed eSOA on or before the due date specified. The Applicant’s failure or refusal to pay, in whole or in part, any outstanding charges by due date shall entitle DITO to exercise the right to suspend or terminate the Service, at DITO’s discretion.
    2. The Applicant may settle amounts due on the Service through any DITO accredited payment channels or through any DITO Experience Stores. DITO is not bound to honor payments made to persons or entities or at places not authorized by DITO. If the Applicant opts to settle amounts due on the Service via direct debit from an identified account, by credit card, or by check, and the payment is not fulfilled or honored for any reason not attributable to DITO, DITO may charge the Applicant a penalty fee or a late payment fee, as may be applicable.
      1. The Applicant’s payments shall be applied as follows: late payment fee, billings in arrears, if any, and current billing.
      2. In case of overpayment, the excess amount shall be used to offset any outstanding charges, fees, costs, or any other sum due from the Applicant. If the Service has been terminated in accordance with the terms of this Agreement, the Applicant must notify DITO of the overpayment and the refund for such overpayment shall be processed in accordance with DITO policies.
      3. Any deficiency in the payment made by the Applicant, whether in full or in part, shall not affect the right of DITO to impose and collect penalties or pursue legal remedies as a result of the Applicant’s late payment, incomplete payment, or non-payment of the Applicant’s bill/s. In the event the Applicant continues to fail to pay any outstanding bill, DITO may engage the services of a collection agency or institute legal proceedings against the Applicant to recover the money owed to DITO, and DITO may seek to collect recovery fee or other reasonable costs and legal fees.
  10. Termination or Disconnection of the Service
    1. Customers will receive SMS notification if their plan is almost consumed, and another SMS notification if the data has been fully consumed.
    2. If an Account remains unpaid after 60 days from the due date of any outstanding bill, the Service shall be automatically suspended until settlement of all arrears and fees, if any. In case of arrearage of 363 days or more, the entire enterprise account for the Service will be terminated. The Service may be reinstated after full settlement of all arrears and fees or penalties, if any.
    3. Without prejudice to the Subscription Terms and Conditions, DITO may suspend or terminate this Agreement (as may be applicable) for any of the following reasons:
      1. (a) the Applicant refuses or fails to perform any of its obligations under this Agreement.
      2. (b) the Applicant refuses or fails to promptly pay any of the amounts due under this Agreement. If the Applicant is subscribed to other DITO services, DITO shall have the right to terminate any or all of those subscriptions even if those are in good standing. 
      3. (c) the Applicant is proven to have provided incorrect, false, or incomplete information in the Service Application Form or at any time during the application process.
      4. (d) the Applicant or any account under the Service repeatedly exceeds the Credit Limit set by DITO.
    4. After the lapse of the Contract Period, DITO shall continue providing the Service until the Applicant otherwise terminates this Agreement by giving DITO at least thirty (30) days’ written notice prior to the intended date of termination, and upon payment of all outstanding charges, fees, or penalties.
    5. During the Contract Period, the Applicant may pre-terminate this Agreement by giving DITO at least thirty (30) days’ written notice. The termination shall become effective only upon settlement of all outstanding charges, fees, or penalties, including the payment of a pre-termination fee equivalent to the monthly service fee (MSF) multiplied by the number of remaining months under this Agreement. 
    6. Depending on the circumstances, the Service may be extended upon subscription reconnection after having been previously temporary disconnected, based on the number of days the Service was temporarily disconnected.
    7. The quality of the Service may also be affected by the download speed, especially when the monthly data allocation of an Account is fully consumed for the relevant period (i.e., days covered by a given billing cycle). In such case, to prevent from exceeding the Credit Limit, the Service shall continue but at a speed lower than the committed speed until the Service is fully restored at the start of the next billing cycle. Any supplemental or booster promo, when subscribed to in the meantime, can bring the service level back to the committed speed. Each supplemental or booster promo is governed by separate terms and conditions.
  11. Bundled Devices or Equipment
    1. If applicable, images of devices or equipment that are bundled with any Account or offered for sale with the Service (the “Bundled Device or Equipment”) are for illustrative and reference purposes only. Although DITO has made efforts to display the colors accurately, DITO cannot guarantee that display of the colors of any Bundled Device or Equipment utilized for the purpose of the subscription to the Service accurately reflect the color of the relevant Bundled Device or Equipment. Any Bundled Device or Equipment delivered to the Applicant may vary slightly from those images published by DITO. The packaging of any Bundled Device or Equipment may vary from that shown by DITO on its channels or materials.
    2. The product information in relation to any Bundled Device or Equipment is provided by the relevant manufacturer/s. DITO will make reasonable efforts to ensure such product information is accurate, however, DITO shall not be held liable for any claims in relation to the accuracy or completeness of such information.
    3. All risk in any Bundled Device or Equipment shall pass to Applicant (or to the Assignee, if any) upon successful delivery or installation of the Bundled Device or Equipment to the delivery address designated by the Applicant, regardless of whether Applicant is the actual recipient signing receipt of the delivery.
      1. Applicant shall keep any Bundled Device or Equipment in good condition and shall use such Bundled Device or Equipment only for its intended purpose.
      2. Damage to or loss of any Bundled Device or Equipment due to Applicant’s (or Assignee’s) fault or negligence shall not excuse the Applicant from paying the Monthly Service Fee (MSF) and other charges associated with the Service.
      3. In case of theft or loss of any Bundled Device or Equipment, Applicant shall notify DITO via the Customer Service Hotline, help ticket via the DITO app or e-mail, through the DITO Experience Store, or through the DITO Account Manager. DITO, in its sole discretion, may temporarily disconnect or suspend the Service for a period of up to thirty (30) days upon the request of Applicant. Applicant shall pay for all outstanding usage charges prior to the time the loss is reported. The Contract Period shall be extended to a period equal to the period of temporary disconnection or suspension.
    4. If applicable, title to and ownership over any Bundled Device or Equipment shall only pass to Applicant after the completion of the Contract Period and payment of all outstanding fees to DITO for the Service.
    5. DITO may only guarantee the quality of the Service if the Service is provided with the default Service device or equipment (such as a Customer Premise Equipment) and tested and installed by its authorized representatives. 
    6. If applicable, no Bundled Device or Equipment shall be issued for any SIM-Only Plan and Applicant shall be responsible in providing its own device or equipment to run the Service. In this case, Applicant acknowledges that:
      1. (a) the Service will only work on devices or equipment that are compatible with the technology used or implemented by DITO for the Service;
      2. (b) any device or equipment used by the Applicant for the Service must meet the type approval issued by DITO (Applicant may inquire with DITO, through the DITO Account Manager, whether a particular device or equipment already has DITO’s type approval or in the process for type approval);
      3. (c) if Applicant’s device or equipment is not type approved by DITO (or in the process of being type approved), the Applicant must provide DITO with either (i) the relevant technical specification of the intended device or equipment, or (ii) the actual device(s) or equipment proposed to be used for the Service, for type approval; and
      4. (d) in SIM-Only Plans, the quality of the Service (including speed and latency, among others) will be affected by the type of device or equipment used, the nature of the connected network (5G or 4G), the location of the device or equipment, and other network traffic in the premises. DITO shall not be responsible for any of these factors.
      5. (e) For WiFive and WiFive To Go, devices may vary upon application.
  12. Delivery and Installation
    1. Applicant shall allow DITO personnel or any of its designated contractors to enter Applicant’s premises to inspect, test, service, modify, repair, or replace any Bundled Device or Equipment, during any reasonable time of day or as may be scheduled with DITO.
    2. All dates quoted by DITO for delivery and/or installation of any Bundled Device or Equipment are estimates only.
    3. DITO shall install any Bundled Device or Equipment to the address that Applicant specified in the Service Application Form.
    4. DITO shall not be liable if the installation of the Bundled Device or Equipment is delayed or unsuccessful due to any of the following reasons:
      1. (a) incorrect delivery or contract information is provided by Applicant;
      2. (b) no one is available at the delivery address provided Applicant;
      3. (c) fault due to the third-party contractor; or
      4. (d) any other circumstances outside the reasonable control of DITO, including the occurrence of a fortuitous event.
  13. Product Warranty
    1. Any Bundled Device or Equipment shall be covered by a product warranty on all parts in accordance with the warranty guidelines provided by the relevant manufacturer/s. This warranty shall be granted only to the Applicant and shall start once Applicant received the devices.
    2. To ensure continued access to the DITO Network, your device must not be locked to other networks, not blacklisted (as in the case of reported theft), and have the latest updates installed.
    3. WiFive devices may be SIM-locked to the DITO Network. We may reverse the SIM-lock upon request, but only upon presentation of the official receipt for the device bundle and the device’s IMEI number. We may refuse the request if it appears that unlocking was already attempted on the device by an unauthorized person.
    4. To avail of product warranty, Applicant (or the relevant Assignee) must show proof of enrollment under the Service by presenting the official receipt or a copy of the signed Service Application Form and a valid proof of identification. DITO reserves the right to request for further documents or to implement a procedure for the claiming and processing of product warranty.
    5. Subject to the relevant manufacturer’s and DITO warranty guidelines, the product warranty shall be forfeited if the concerned Bundled Device or Equipment is altered, repaired, or otherwise tampered with or is used or subjected to the unintended usage of a product of its nature.
    6. All product information or any other details set out by DITO in relation to the Bundled Device or Equipment and to the Service are provided “as is.” DITO and its affiliates make or give no condition, representation, or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any part of any Bundled Device or Equipment, and of the Service. To the fullest extent permitted by applicable Laws, all implied warranties, conditions, or other terms of any kind are hereby excluded.
  14. Service Reliability Applicable (where applicable)
    1. For WiFive plans and promo, internet service is up to 500Mbps with an average speed of 55Mbps and a minimum speed of 12Mbps at 80% service reliability. For 5G Unlimited 2088, Internet Service Speed: Up to 500+ Mbps for the first 50 GB per day, and up to 27 Mbps data thereafter at 80% reliability. Internet speed will be refreshed at 12:00am the next day. Signal strength may affect connectivity.
    2. For WiFive To Go plans and promo, internet service is up to 400Mbps with an average speed of 27Mbps, and a minimum speed of 12Mbps at 80% service reliability. Once GB is fully consumed, internet will be put into a hard stop. Any supplemental or booster promo, when subscribed to in the meantime, can bring the service level back to the committed speed.
  15. Applicant Responsibilities (Privacy and SIM Card Registration)
    1. Applicant represents and warrants that:
      1. (a) Applicant has provided valid and correct personal and payment information on the Service Application Form, including correspondence e-mail address, billing address, delivery address, name, contract number, and any other information reasonably required for DITO to process the application; and
      2. (b) if Applicant is required to share personal data belonging to other data subjects to enable DITO to provide the Service, Applicant has secured the consent recognized by the Data Privacy Act of 2012 and other relevant privacy laws and regulations and that Applicant can produce proof of such consent upon the request of DITO.
    2. SIM Card Registration Act
      1. In compliance with the SIM Card Registration Act, Applicant commits to maintain information of any Assignee internally within the enterprise.
      2. Applicant understands and agrees that the Service stays within its enterprise account with DITO, unless otherwise indicated in other applicable policies or mechanics.
  16. Assignment
    1. Apart from the right to assign Assignees to use any DITO Account under the Service, the Applicant shall not transfer any of its rights and obligations under this Agreement without DITO’s prior written consent.
    2. DITO may assign, novate, or transfer all or part of its rights and obligations under this Agreement upon notice to the Applicant (which may include advertisements, statements, letters, by posting on our website or such other forms as DITO deems appropriate).

DITO Business Terms & Conditions

DITO Business Website Terms and Conditions

The Website of the DITO Telecommunity Corporation’s (“DITO”) Enterprise Business is found at http://www.ditobusiness.ph/ ("Website"). By using our Website, you are accepting the Terms and Conditions herein described. If you do not agree to these Terms and Conditions, please do not use the Website and exit immediately. Your continued use of our Website will be taken as your acceptance of the Terms and Conditions. We reserve the right to modify or amend the following Terms and Conditions from time to time without notice.

Copyright and Ownership

All content displayed on the Website, including text, graphics, photographs, images, moving images, sound, and illustrations, is the property of DITO and/or its content providers. The Website's elements, encompassing the general design and Content, are protected by copyright, moral rights, trademarks, and other intellectual property laws. The Website may only be used for their intended purposes. You are authorized to view, play, print, and download documents, audio, and video for personal, informational, and non-commercial purposes. Modification, distribution, reproduction, publication, licensing, or any unauthorized use of the materials without express permission is prohibited.

Trademarks

All trademarks, service marks, and trade names of DITO, its brands, and subsidiaries used on the Website are the property of DITO or its subsidiaries, content providers. Unauthorized use, reproduction, distribution, or modification of these marks is strictly prohibited without DITO's prior written consent.

Limitation of Liability

DITO disclaims any responsibility and shall not be liable for any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property, resulting from or arising out of your access to, use of, or browsing on this Website, or your downloading of any information or materials from this Website. We cannot guarantee continuous, uninterrupted, or secure access to our Website, and its operation may be interfered with by numerous factors beyond our control.

In no event shall DITO, its officers, directors, board of trustees, employees, sponsors, shareholders, agents, successors, or assigns, nor any party involved in the creation, production, or transmission of this Website, be liable to you or any other party for any indirect, special, punitive, incidental, or consequential damages, including, without limitation, those resulting from lost profits, lost data, or business interruption arising from the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials, information, or services contained on any or all such websites. This applies whether based on warranty, contract, tort, or any other legal theory, and whether or not advised of the possibility of such damages.

Indemnity

You agree to defend, indemnify and hold DITO harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with:

(a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the Republic of the Philippines or any other country; and (e) any other party's access to and use of the Website with your unique username, password or other appropriate security code.

Force Majeure

DITO shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond its or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Disclaimers

Your usage of this Website is undertaken at your own risk. The information presented on or through this Website is provided "as is," without any warranties of any kind, whether expressed or implied, including warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property. While we strive to offer the most accurate and current information, DITO does not guarantee the accuracy or completeness of the information, materials, or services provided on or through this website. Some information on this website may be outdated, and DITO does not commit to updating such information or assume any duty to do so.

Release

In the event that you have a dispute with one or more users of the Website, you hereby release DITO, as well as our officers, directors, board of trustees, agents, subsidiaries, joint ventures, and employees, from any and all claims, demands, and damages, both actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Inappropriate Materials

Users are prohibited from posting unlawful, threatening, defamatory, or offensive material. DITO reserves the right to reject or remove any submissions violating these terms. Unauthorized use of DITO's computer systems for spam or unsolicited advertisements is strictly prohibited. Running or displaying this Website on another site without prior written permission is prohibited. Permitted links must comply with applicable laws and regulations.

Third-Party Links

DITO is not responsible for content on external websites linked from the Website. Users access such sites at their own risk. From time to time, this Website may contain links to websites that are not owned, operated or controlled by DITO. We are not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from that website or any donations made through that website.

Unauthorized Access

Unauthorized automated access to the Website is prohibited. Users agree not to interfere with the Website's proper functioning.

General

Any claim related to the use of this Website and the materials contained herein is subject to the laws of the Republic of the Philippines. If any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be invalid, and the remaining provisions will be upheld. You acknowledge that DITO may, at its sole discretion, automatically assign these Terms and Conditions and all incorporated agreements. Headings in these Terms and Conditions are for reference purposes only and do not define, limit, construe, or describe the scope or extent of the provisions. Our failure to act regarding a breach by you or others does not waive our right to act concerning subsequent or similar breaches. These Terms and Conditions constitute the entire understanding and agreement between us regarding the subject matter herein.

Entire Agreement

These Terms and Conditions are the entire agreement between the user and DITO and supersede any prior understandings or agreements both written and oral.

Copyright Notice

All Website design, content, graphics, text selections, arrangements and all software are Copyright © 2024, DITO Telecommunity Corporation. ALL RIGHTS RESERVED.