1.1 The Subscriber shall fully pay Horizon the appropriate monthly service fee rate and/or charges as applied accordingly on the “Subscription Form”. Payment must be paid on or before the Due Date indicated in the Statement of Account. Any and all required fees subject to the application, such as but not limited to; installation fees, security deposit, and other additional charges, as the case may be, must be settled by the Subscriber on or before the installation activity.
1.2 Subscriber acknowledges that Horizon has advised him that Horizon may suspend the Service in case of Subscriber’s failure to pay any bill on or before the specified Due Date.
2.1 Upon receipt of the accomplished application requirements and related forms, Horizon shall commence installation from the time of application. The Service shall be activated. If the client didn’t raise any technical issue with the service within a day from the time of activation, the service shall be deemed to be accepted. The date of activation of the service shall be considered as the Service Commencement Date.
2.2 Billing will commence on the day following the Service Commencement Date. Electronic Statement of Account will be sent to Subscriber’s active email provided during the application process or such other email address provided to Horizon by the Subscriber.
3.1 The Service shall begin on the Service Commencement Date and shall have an effectivity term as indicated in the Subscription Form.
3.2 After the lock-in period, and if the Service has not yet been pre-terminated, the Service shall be automatically renewed and continue indefinitely on a month-to-month basis under the same terms and conditions of this Agreement and subject to the continued payment of the Monthly Service Fee, until terminated by either or both of the Parties. Horizon reserves the right to amend, change or modify the applicable rates without prior notice to the Subscription.
4.1 Through the submission of a written request, the subscriber may request to change their service plan is they are to avail of a higher service. Changes from this request will not incur additional fees. However, if there are Subscription deposits required from the subscriber, they must update it to be aligned with the service.
4.2 The subscriber shall not be allowed to request to change its service plan for a lower service during the lock-in period. However, during renewal of the service, the client may request for a lower service through submission of a written request.
4.3 Any request for changes in the service is expected to take appropriate time for implementation.
4.4 Horizon reserves the right to make changes in the Service for technical and other reasons with due notice to the Subscriber.
4.5 Subscriber agrees to pay all applicable charges for request of changes in the service, including but not limited to reconnection, change of service plan and change of ownership.
5.1 If the Subscriber will transfer residence from the installation address, he may apply for relocation subject to applicable relocation fee.
5.2 Applications for relocation shall be for the sole approval of Horizon. If the applied relocation address is not within the service coverage of Horizon, and the service is still within the lock-in period of the term, the service shall be deemed pre-terminated, whereas, Section 7 shall apply.
6.1 The Subscriber shall be liable to pay Horizon a “Penalty” applicable to months delayed if the subscriber fails to pay the Monthly Service Fee “MSF” from the due date.
6.2 In determining the penalty, a fraction of a month shall be considered as one month.
7.1 A Subscriber may request to terminate the service through a written request from the intended cancellation date. In the event that the termination is within the date of the locked-in period, the Subscriber shall pay a “Pre-termination fee” based on the formula below, whereas, in determining the remaining months in the contract, a fraction of a month shall be considered a whole month:
(MSF X Remaining months in the contract) + Outstanding Balance
(w/penalty) + Additional Charges as applicable (under Section 9)
7.2 Horizon may temporarily or permanently disconnect, suspend and/or terminate the service (as the case deems necessary), without need for notice, in the event of the following;
(1) Non-payment or delay in payment by the Subscriber of its MRC from its due date, and;
(2) Or for any violation by Subscriber of any provision of this Agreement, or for such other causes set forth in this Agreement.
8.1 In the event of suspension or disconnection of service, Horizon may restore the disconnected service in the event the Subscriber pays the: (a) accumulated outstanding balance; and (b) reconnection fee.
8.2 Reconnection of service shall be made after receipt of the payment update and other applicable fees.
8.3 Request for reconnection shall not cure any forfeited fees made in favor to Horizon as the result of the prior Termination. Likewise, permanently disconnected service shall not be applicable for reconnection.
9.1 The Subscriber may be required to pay the installation fee or the one-time charge (OTC) subject to applicable rates by Horizon. In certain cases, the subscriber may be required to pay additional fees outside of what is commercially marketed to cover for non-standard installation activity for the labor and materials to be incurred. The client shall pay the installation fee on or before the day of the acceptance of the service plus the first monthly service fee. This requirement may be altered, revised, or updated by Horizon at its own designation as deemed necessary.
9.2 The Subscriber may be required to pay the amount of the equipment to be dedicated to the service such as but not limited to the router herein referred to as “equipment fee”. Horizon may impose that the equipment fee be paid on a one-time basis, or its payment may be broken down during the pendency of the term. If the Subscriber requests for pre-termination as stipulated under Section 7 and has not yet completed payment for the equipment fee, the remaining balance of said fee shall be included in the pre-termination fee.
9.3 The Subscriber shall maintain the Subscription Deposit in the amount required during application or as may be changed from time to time by Horizon in its sole but reasonable discretion.
10.1 Horizon shall not be responsible for failure or omission of its Service due to any cause beyond its control, not due to its willful and intentional fault or negligence and which cannot be overcome by the exercise of due diligence, including but not limited to labor disturbance, human acts or equipment breakdown, acts of God, or force majeure, whether or not the cause be of the same class or kind as those therein.
10.2 The Subscriber agrees that in such cases, the operation of this Agreement and delivery and rendering of the Service, so far as necessary, may be suspended or terminated as the case may be, even without notice, without liability for loss and damage, it being understood that the cause of such interruption shall be remedied, if possible, with all necessary dispatch at the earliest practicable time. In the cases mentioned above, Horizon shall not be liable for any loss or damage suffered by the Subscriber, unless such loss or damage is caused by the willful or grossly negligent act or omission of Horizon’s employees or agents which liability shall not exceed the amount of the Monthly Recurring Fee of the Subscriber as may be proven in a court of law.
10.3 The Subscriber holds Horizon free from any responsibility for any loss or damage resulting from the failure of the Service caused by a malfunction beyond the control of Horizon.
10.4 Notwithstanding any other provision of this Agreement, Horizon will not for any reason be liable for any indirect, incidental, consequential, punitive, special or other similar damages, and out-of-pocket expenses, including but not limited to damages resulting from loss of actual or anticipated revenues or profits, or loss of business, data or good will.
10.5 Horizon partnered with several third-party service providers to ensure maximum ease of transaction. Any refunds, rebates, or fund returns arising from errors may by our payment platform should be taken up with the service provider/s concerned.
11.1 Subscriber shall indemnify and hold harmless Horizon, its affiliates, partners, directors, officers, employees, shareholders, agents and representatives from and against all claims, causes of actions, judgments, damages, expenses and liabilities arising from or in connection with (a) the use of Service by Subscriber other than as permitted by this Agreement, and (b) the content of material that Subscriber transmits through use of the Service including but not limited to, claims for defamation, invasion of privacy, disparagement and/or alleged violation of trademark of copyright.
11.2 Subscriber acknowledges that the Service is provided on an “as is” basis. Horizon, its employees, agents, suppliers, vendors, and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy or validity of the date or information available on its system, or residing on or passing through its interconnecting networks, or that Horizon’s service will be uninterrupted or error-free. Horizon expressly excludes any implied warranty of Merchantability or fitness for a particular purpose to the fullest extent possible by law.
12.1 The Subscriber shall not use the Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, the Subscriber is prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.