a. Cancellation of the Services. If you use one or more Service/s, you may change or cancel any individual Service by calling the PLDT Talkpad customer service number provided in the http://www.pldttalkpad.net/support.asp or http://www.pldttalkpad.com/support.asp website, subject to the applicable terms and conditions in the PLDT Talkpad Service Information. This Agreement remains in effect for any and all Services that you continue to be enrolled in or use. If you want to cancel all of the Services, you must discontinue your use of all the Services and call PLDT Talkpad customer service to cancel all your PLDT Talkpad Services.

b. Acceptable Use of the Services. You shall not use the Services for any unlawful, abusive, or fraudulent purpose or for any activity that is contrary to laws, morals, customs or public policy or which violates any ordinance, decree, order or regulation, including, for example, using the Services in a way that (1) interferes with or disrupts PLDT’s ability to provide Services to you or other customers; or (2) exceeds the limitations set for the service. If PLDT Talkpad has reason to believe that you or someone else is violating the provisions of this paragraph, PLDT shall have the right to immediately suspend, restrict, or cancel the Services without advance notice and without incurring any liability for damages whatsoever.

c. Others. PLDT Talkpad may from time to time discontinue certain Services for whatever reason, subject to prior notice to you.

You agree and understand that we are not be responsible for any third-party claims that arise from your use or abuse of the Services. Further, you agree to indemnify/reimburse us for all costs and expenses related to the defense of any such claims, including attorneys' fees. This provision shall survive the termination of this Agreement or cancellation of the Services.

If our willful misconduct causes damage to persons or property, we will be liable for no more than the amount of direct damages to such person or property. If our willful misconduct causes other forms of damages, we shall only be liable for no more than the amount of our charges for the Services during the affected period. Notwithstanding the foregoing, in no event shall PLDT be liable for indirect, consequential, punitive, or special damages, including but not limited to lost profits or revenue or increased costs of operation, regardless of whether we have been informed or aware of the possibility thereof.

In any event of Service interruption not otherwise due to your fault or negligence, we shall not be liable for any and all damages that you or your clients may suffer as are result thereof, except to the extent of the charges applicable during the period of interruption. This provision shall survive the termination of this Agreement or cancellation of the Services.

Except as this Agreement expressly states, we make no express warranty regarding the services and disclaim any implied warranty, including any warranties of merchantability or fitness for a particular use or purpose. We also make no warranty that the services will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, PLDT employees, agents or representatives, to make a warranty of any kind on our behalf and you should not rely on any such statement.

In case of any dispute, you may contact our customer account representatives at the email address and/or customer service number provided in the website, http://www.pldttalkpad.net/support.asp or http://www.pldttalkpad.com/support.asp.

a. No Third Party Rights. This Agreement is binding upon and inures solely to the benefit of the parties. It does not provide any third party with a remedy, claim, or right of reimbursement whatsoever.

b. Acts Beyond Our Control. Neither party will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.

c. Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.

d. Notices. Notices from you to PLDT Talkpad must be made by calling the PLDT Talkpad customer service hotline. Your notice shall take effect as of the date that our records show that we received your call. PLDT Talkpad’s notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you.

e. Separability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.

f. Governing Law. This Agreement is governed by Philippine Laws to the full extent applicable, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Services.

Legal Suit. Any and all suits that may arise from the provision of the this Service shall be brought exclusively to the proper Courts of Makati City, Philippines, to the exclusion of any other Courts or jurisdictions.

g. Entire Agreement. This Agreement (which incorporates by reference the PLDT Talkpad Service Information) constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in Section 9 below. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor PLDT Talkpad is relying on any representations or statements by the other party or any other person that are not included in this Agreement.

This Agreement may only be changed in the manner provided for in this Section 7. We may change this Agreement, including the incorporated PLDT Talkpad Service Information, from time to time. If we make any changes to the terms and conditions, we will comply with our notice commitments described in Section 6.d above. With respect to all other changes to this Agreement, we will notify you of the changes, and they will be effective no sooner than fifteen days after we post them at http://www.pldttalkpad.net or http://www.pldttalkpad.com.

IF YOU CONTINUE TO BE REGISTERED IN OR USE THE SERVICES AFTER ANY CHANGES IN THE TERMS OR CONDITIONS, YOU ARE DEEMED TO HAVE AGREED TO THE CHANGES.