SUN CELLULAR POSTPAID  
TERMS AND CONDITIONS


The following terms and conditions shall govern the supply of the Sun Cellular telephone services to the Subscriber by Digitel Mobile Philippines, Inc. (DMPI) and shall take effect from the date of activation of subscription:

1. Scope of Services
Sun Cellular mobile telephone services consist of national and international voice calls and Short Messaging Services (SMS or “texts”) as well as Value Added Services (VAS), hereinafter referred to as “Services”. The availability and use of the Services shall be subject to the approved subscription plan as well as the terms and conditions herein provided, and any amendments thereto.

2. Subscription to Sun Cellular Services
Subscription to Sun Cellular Services shall commence upon DMPI’s approval of Subscriber’s application for subscription and his/her payment of the applicable charges. The charges may include, but are not limited to, registration fees, one (1) month for regular plans, two (2) months for SIM Only, advance Monthly Service Fee deposit, and other charges as DMPI may deem applicable and/or as approved by the National Telecommunications Commission (NTC). DMPI shall have the sole right to apply the deposit against any unsettled liabilities of the Subscriber.

3. Fees for Services
Upon activation of Subscriber’s account up to its termination, as provided for below, Subscriber shall be liable for the following: (i) a Monthly Service Fee based on the subscription plan, (ii) telephone usage charges for Services availed of, and (iii) any applicable fees, tolls, charges and taxes.

All calls, SMS and VAS shall be subject to the approved rates prevailing at the time that they were made or availed of. Rates may be changed without prior notice subject only to the approval by the NTC. A change in rates is applicable on and from its effective date notwithstanding the fact that the Subscriber may have been billed and/or has paid in advance under the previous rate.

Any Subscriber-initiated modification of the account e.g. subscription plan downgrade, transfer of ownership, etc. shall be subject to approval by DMPI which reserves the right to charge a nominal fee for processing such changes.

4. Billing and Payment Terms

(a)  The Subscriber shall be responsible for all calls, SMS and VAS made through the use of his/her Sun Cellular SIM card as well as all incoming collect/chargeable calls or Service terminating to his/her Sun Cellular SIM card.

(b)  The Subscriber agrees to pay all charges specified in the monthly billing statement on or before the due date specified therein. Failure or refusal of the Subscriber to pay any outstanding charges before the due date shall entitle DMPI to charge applicable interest and/or penalties, as well as to exercise its right, even without prior notice, to effect a redirection or disconnection of Services without any liability to DMPI.

(c)  The billing statement shall be delivered to Subscriber’s billing address. In case the Subscriber fails to receive the billing statement, it shall be the Subscriber’s responsibility to inquire and be informed of his/her outstanding fees and/or charges through the Sun Cellular Customer Care Hotline or at any of The Sun Shops, and to pay the outstanding charges without further demand on or before the due date.

(d)  Payments shall be applied first to any charges in arrears, including interest and penalties and the balance, if any, will be applied to the current obligation.

(e)  Payments may be made at any of The Sun Shops, accredited business centers or payment facilities. However, any overdue account must be paid only at DMPI’s Head Office or at any of The Sun Shops. Payments made through any of the payment facilities other than through The Sun Shops shall be credited to the Subscriber’s account only upon confirmation of payment by DMPI.

(f)  Should the Subscriber contest any charges appearing on a billing statement, he/she must file a complaint with DMPI within sixty (60) days from the date on the Statement of Account reflecting the disputed charges. Failure of the Subscriber to file a complaint within the said period shall be deemed an acceptance of the accuracy and correctness of the charges and fees mentioned in the billing statement and a waiver by the Subscriber to contest any charges or perceived inaccuracies appearing therein. Subscriber shall still pay the whole amount due while the contested charges are being investigated. Any excess or erroneous charging shall be credited to Subscriber’s account on the next billing statement.

(g)  Subscriber understands and agrees that for Services availed of which involve other networks or providers, such as but not limited to international roaming charges and VAS, the charges and/or fees for the same may not be readily available. Foregoing notwithstanding, Subscriber agrees to pay for the same when they become due.

5. Credit Limit
DMPI shall assign the Subscriber with a credit limit, which is an indicative amount of all outstanding billed and/or unbilled charges and fees, that when attained may cause the redirection of Services (meaning, only incoming calls and SMS shall be available). DMPI shall have no obligation nor can it be compelled to effect a redirection of Services once the credit limit is reached. Subscriber agrees to pay for all charges and fees whether it is within or in excess of the credit limit. The Subscriber must first settle all outstanding accounts in order to avail of the Services and prevent the temporary disconnection (meaning, no incoming and outgoing calls and SMS) or permanent disconnection (i.e. cancellation of account) of the Services. Any redirection or disconnection of Service shall be effected without need of prior notice and liability to DMPI.

6. Telephone Handset
All equipment used by the Subscriber to connect to and avail of Sun Cellular Services should be compatible with Sun Cellular’s network and systems infrastructure and should be authorized by DMPI in writing prior to use. The use of any unauthorized equipment to access Sun Cellular Services is strictly prohibited, and shall be sufficient cause for the immediate disconnection of the Service without need of prior notice and liability to DMPI.

Any handset/equipment provided by DMPI to the Subscriber arising from his/her Sun Cellular subscription is locked to the Sun Cellular network and is to be used exclusively with a Sun Cellular SIM Card. The Subscriber shall be responsible for the repair and maintenance of his/her mobile telephone handset. Any handset defect shall be subject to the applicable warranty terms and conditions of the handset manufacturer.

7. Subscriber’s Obligations

(a)  It is the Subscriber’s responsibility to secure and safely keep his/her cellular telephone handset, SIM card, as well as PIN and PUK codes. DMPI shall not be liable in cases where other people other than the Subscriber are able to access the SIM card. All services made through and/or terminating to the Subscriber’s Sun Cellular SIM card are deemed to have been made or authorized by the Subscriber, unless DMPI determines otherwise through sufficient documents submitted by the Subscriber.

(b)  In cases where the Subscriber’s mobile telephone handset and/or SIM card are lost or stolen, the Subscriber must inform DMPI of the same through its Hotline (dial “02-3958000” from any phone or “200” toll-free from any Sun Cellular phone) as soon as possible. However, it is understood that the Subscriber shall be liable for all charges made on his/her Sun Cellular line until the time that the Subscriber reported the loss. DMPI shall not replace any lost telephone handset.

(c)  The Subscriber shall not assign, mortgage or encumber this agreement and any of the rights emanating therefrom, nor shall he/she sell, pledge or mortgage the cellular line, without the prior written consent from DMPI. Any transaction made without DMPI’s prior written consent shall be null and void and DMPI shall have the right, without incurring any liability, to disconnect the service or terminate this agreement.

(d)  Should the Subscriber require International Roaming Service, a request must be made at least two (2) working days prior to Subscriber’s departure date. The Subscriber shall be charged applicable roaming rate charges and may also be charged roaming activation fees, whenever applicable. DMPI reserves the right to restrict the use of the International Roaming Service.(e)  In case of voluntary termination of Subscriber’s line, a written request for termination must be submitted to DMPI. DMPI policies on termination of subscription shall apply including, but not limited to, the payment of all accrued/outstanding charges and pre-termination fees, if applicable. In the absence of such written request for termination, it is understood that subscription to Sun Cellular Services continues and remains valid and that DMPI shall have the right to continue charging and Subscriber shall continue to be liable for all applicable fees, including but not limited to the Monthly Service Fee regardless of whether Services were availed of.

8. Redirection/Disconnection of Services

(a)  Other than the aforementioned instances where redirection or disconnection of Services may apply, Sun Cellular reserves the right to redirect or disconnect temporarily or permanently the Services without need for prior notice in any of the following instances: (i) unauthorized connection of telecommunications equipment/device, (ii) use of the service for any unlawful or fraudulent, illicit or mischievous purpose as determined solely by DMPI, or any usage beyond the ordinary manner of making personal texts or calls; (iii) use of the Services for any activity/service, whether or not prohibited under Philippine law, which defrauds or tends to defraud DMPI or interferes with the delivery of Services to its subscribers, as determined solely by DMPI, including but not limited to, International Simple Resale (ISR), Call Back or any alternative calling procedure that prevents DMPI from imposing and/or collecting the applicable charges and fees; (iv) emission of signals interfering with Sun Cellular’s Network; (v) any similar or analogous instances; or (vi) violation of any DMPI policies or procedures.

In the event that the Service was used for any illegal or unauthorized activity as determined solely by DMPI, the Subscriber shall pay 150% of the appropriate revenue that DMPI should have collected. Subscriber shall also be liable for all other claims by DMPI’s interconnect partners affected by the illegal or unauthorized activity.

(b)  Should the Services be redirected or temporarily disconnected by Sun Cellular for any reason, the Subscriber shall still be liable for all applicable charges and/or fees, including but not limited to the Monthly Service Fee, etc., during the period of Service redirection or disconnection.

(c)  A service that has been redirected shall escalate to a temporary disconnection should the Subscriber fail to settle all outstanding charges. A temporary disconnection shall become permanent should the Subscriber fail to settle his/her account within a period of sixty (60) days from the date when the temporary disconnection was implemented.

(d)  DMPI shall not be liable for any loss or damage arising from the redirection, temporary or permanent disconnection of the Services. Any reduction of Service shall be without prejudice to DMPI’s rights to recover all amounts due from the Subscriber and to avail itself of any remedies under the law.

(e)  In case of delinquency in any or all of the existing or subsequent Sun Cellular subscriptions under the name of Subscriber, DMPI has the right to redirect or disconnect any or all of the said lines, regardless of whether the redirected or disconnected lines are current or active in status.

9. Pre-termination
Subscriber agrees to keep and maintain his/her Sun Cellular subscription active for the whole duration of his/her contract period (referred to as the “Holding Period”) starting from the date of activation of his/her subscription. Should Subscriber pre-terminate the subscription or should the subscription be permanently disconnected by DMPI for any cause as provided for herein before the expiration of the Holding Period, Subscriber shall pay DMPI a pre-termination fee as follows:

For those under 12 months Holding Period Pre-termination Fee:

Active Sun Cellular subscription for 6 months or less Handset Solo Price + P3,750.00
Active Sun Cellular subscription for more than 6 months Handset Solo Price + P2,500.00

For those under 15 months Holding Period:

Active Sun Cellular subscription for 7.5 months or less Handset Solo Price + P4,750.00
Active Sun Cellular subscription for more than 7.5 months Handset Solo Price + P3,250.00

For those under 18 months Holding Period Pre-termination Fee:

Active Sun Cellular subscription for 9 months or less Handset Solo Price + P5,750.00
Active Sun Cellular subscription for more than 9 months Handset Solo Price + P4,000.00

For those under 24 months Holding Period Pre-termination Fee:

Active Sun Cellular subscription for 12 months or less Handset Solo Price + P7,500.00
Active Sun Cellular subscription for more than 12 months Handset Solo Price + P5,000.00 

For those under 30 months Holding Period:

Active Sun Cellular subscription for 15 months or less Handset Solo Price + P9,500.00
Active Sun Cellular subscription for more than 15 months Handset Solo Price + P6,500.00

For Line Only subscription (where no handset is availed), an administrative fee of P1,000.00 shall be charged if the subscription is terminated within six (6) months from release/claim of the Postpaid SIM. Handset Solo Price refers to Sun Cellular’s list price of the handset at the time of activation or renewal of subscription. Payment of the pre-termination charge shall however be without prejudice to the collection of all accrued charges up to the time of pre-termination. The subscriber shall be furnished with a final statement of account, which shall be due and demandable upon receipt. An account shall be considered closed only upon full payment of all charges.

10. Downgrading

Subscriber agrees not to downgrade his/her subscription plan at any time before the expiration of the Holding Period. Should he/she downgrade within the Holding Period, Subscriber shall pay the difference of the handset price, on the subscribed plan and the intended lower subscription plan, based on the handset prices offered at the time of activation or renewal of subscription.

11. Historical Data

Subscriber understands and agrees that DMPI may, upon lawful order of a competent authority, reproduce or disclose its available historical data concerning calls or texts from or to the Subscriber’s telephone line without the knowledge or consent of or even against the will of the Subscriber. The Subscriber shall hold DMPI or its directors, officers and employees free and harmless from any cause of action, liability or claim by reason of, or in connection with the reproduction or disclosure of such historical data.

12. Miscellaneous

(a)  The specific terms and conditions of the particular Sun Cellular product/service (such as, but not limited to Group Plan, Fixed Load Plan, 24/7 Unlimited Services, etc.) that Subscriber may choose to avail of, shall form integral part of the terms and conditions stipulated herein.

(b)  DMPI does not warrant that the Services shall at all times be available, uninterrupted, error free or conform to any reliability or performance standards. Subscriber also understands and agrees that Sun Cellular Services are available only in areas where Sun Cellular has network coverage.

(c)  DMPI shall not be liable for any direct, indirect, consequential, or other damages or losses resulting from the use or failure of the Sun Cellular service, or for any loss, damage, theft, or misuse of the Sun Cellular SIM, or any handset used as part of the Sun Cellular service.

(d)  Except as otherwise provided herein, DMPI does not expressly or impliedly warrant the reliability, condition or merchantability of the information or communication provided or accessed through the Sun Cellular service for any particular use or purpose.

(e)  DMPI reserves the right to amend these terms and conditions at any time with or without prior notice.

(f)  These terms and conditions shall be construed in accordance with the laws of the Republic of the Philippines. All suits involving the Sun Cellular Service shall be filed exclusively with the proper courts of Quezon City, Metro Manila, Philippines.

SUN CELLULAR PRODUCTS/SERVICES 

A.  Group Plan

Group Plan allows a registered group of Sun Cellular Subscribers to share among themselves the aggregate monthly consumable allowances for voice and/or short messaging services

For Subscribers availing of the Group Plan, the following terms and conditions shall likewise apply:

1. Group Plan 999 and Group Plan 1299 shall be composed of a Primary Subscriber and a maximum of two (2) members.

2. Only the Primary Subscriber can request for the modification, addition/deletion of services or the dissolution of the Group. Member/s will only be allowed to report the lost handset and SIM for temporary disconnection.

3. The Primary Subscriber and his/her member/s (the “Group”) shall be treated as a single account and shall receive only one (1) billing statement containing all the details of transactions made per mobile number. The billing statement shall be sent to the Primary Subscriber who shall be solely liable to DMPI for the payment of all applicable fees and charges of the Group.

4. For Group Plans 999 and 1299, the Primary Subscriber and his/her members shall share the aggregate Monthly Service Fee (MSF) consumables/allowances for voice services and the free SMS, without specific allocation.

5. The Group shall be subject to the same state of subscription (i.e., if one is redirected, the rest shall be redirected, etc.)

6. The Group shall have only one (1) profile and Unlimited service option (Call & Text Unlimited, or Text Unlimited), if requested. The Group shall also be covered by a single Holding Period based on the longest Holding Period of the handsets availed of.

7. Enrollment to any additional service (GPRS, IDD, International Roaming, Voicemail, Fax & Data, etc.) shall be on a per line basis. Applicable fees shall be charged accordingly.

8. Upgrading or downgrading of a Group Plan shall not be allowed.

9. Credit limit for Group Plan 999 and Group Plan 1299 shall be at P4,000.00. Credit limit may be changed upon approval by Sun Cellular.

10. Existing individual plans within the holding period shall not be allowed to convert to Group Plans.

11. In case of Group dissolution:

Within the Holding Period. The Primary Subscriber shall pay pre-termination charges for all the members in the Group. Members can retain their subscription under an individual account subject to submission of required documents and approval by Sun Cellular.

Beyond the Holding Period. Members can migrate to any individual plan subject to submission of required documents, payment of applicable fees and approval of Sun Cellular.

12. There must always be a Primary Subscriber and at least one (1) member in a Group. A Primary Subscriber may be replaced without dissolution of the Group subject to submission of required documents by the new Primary Subscriber and prior approval thereof by Sun Cellular. Provided the Group is not dissolved, a member may migrate to any individual plan subject to submission of required documents, payment of applicable fees and approval by Sun Cellular.

13. The Primary Subscriber warrants that all members in the Group are aware of and shall abide by all the foregoing terms and conditions.

B.  Fixed Load Plan

Fixed Load Plan (FLP) allows a postpaid Sun Cellular Subscriber (referred to as the Primary Subscriber) to provide a monthly fixed prepaid load to pre-registered Sun Cellular Subscribers (referred to as FLP Subscribers).

For Subscribers availing of the Fixed Load Plan, the following terms and conditions shall likewise apply:

1. On the date of approval of enrollment to the FLP and every month thereafter (FLP Load Cycle) until termination, Sun Cellular shall credit to the FLP Subscriber’s account a monthly fixed load, which shall be valid until the next loading period. Any unused monthly fixed load shall automatically expire at the end of the FLP Load Cycle. The monthly fixed load shall be credited to the FLP Subscriber’s account only at a fixed date every month.

2. Should the FLP Subscriber consume all his/her monthly fixed load before the end of the FLP Load Cycle, he/she may still avail of the Sun Cellular prepaid services by loading or topping-up his/her account with any of the Sun Cellular Prepaid variants. The top-up load shall follow the expiration date of the applicable prepaid variant, but the FLP Load Cycle shall continue to run.

3. The Primary Subscriber agrees to maintain the same profile and load type for a period of at least six (6) months from the date of approval of enrollment under the FLP. The FLP Subscriber may change his/her profile and/or load type only after the 6-month period and upon payment of the applicable administrative fee.

4. The Primary Subscriber agrees to keep and maintain his/her FLP Primary Account active for a period of at least twenty-four (24) months (referred to as the “Holding Period”) starting from the date of approval of enrollment to the FLP. The Primary Subscriber’s Holding Period shall be separate and distinct from each of the FLP Subscribers’ Holding Period, which shall be twenty-four (24) months from date of approval of enrollment of the particular FLP Subscriber. Consequently, the Primary Subscriber’s Holding Period will run independently from that of the FLP Subscribers’.

5. Should the Primary Subscriber request for pre-termination of the Primary Account or should the Primary Account be permanently disconnected by Sun Cellular for cause before the expiration of the Primary Subscriber’s Holding Period, all of the FLP subscription/s will be automatically terminated and the Primary Subscriber will be charged with the applicable pre-termination fees for the Primary Account and also for each of the FLP subscriptions. Should the Primary Subscriber terminate his/her account after the expiration of the Primary Account’s Holding Period, all of the FLP subscriptions will also be automatically terminated and the Primary Subscriber will only be charged with pre-termination fees for the FLP subscription/s. Upon termination of the Primary Account and/or FLP subscription (whether within or outside of the holding period), the FLP Subscriber shall have the option to migrate to a regular prepaid account. Should the Primary and/ or FLP subscription/s be pre-terminated or should the Primary and/or FLP subscription/s be permanently disconnected by Sun Cellular before the expiration of the Primary and/or FLP subscription Holding Period, the pre-termination charges for each pre-terminating Primary and/or FLP subscription shall be as provided for in Clause 9 (Pre-Termination) of the subscription terms and conditions.

6. Primary Subscriber agrees not to downgrade any of the FLP subscriptions at anytime before the expiration of the Holding Period. Should the Primary Subscriber downgrade any of the FLP subscription within the Holding Period, the Primary Subscriber shall pay downgrading charges for each FLP subscription to be downgraded as follows:

  • FLP subscription 12 months or less P 8,000.00
  • FLP subscription of more than 12 months P 5,000.00

7. In case of a redirection or temporary disconnection of the Primary Subscriber’s line, the FLP subscription/s shall not be credited with the Monthly Fixed Load. However, the Primary Subscriber shall still be liable for his/her Monthly Service Fee (MSF) and the Monthly Fixed Load Fee during the period of redirection or temporary disconnection. Any Monthly Fixed Load that should have been credited to the FLP Subscriber during the period that the Primary Account is redirected or temporarily disconnected shall be forfeited. The FLP Subscriber however may still avail of the Sun Cellular services by reloading his/her FLP subscription/s with any of the Sun Cellular Prepaid variants.

Crediting of the Monthly Fixed Load to the FLP subscription/s shall resume only upon restoration of the Primary Subscriber’s Account and shall follow the original Loading Cycle.

8. In case of a temporary disconnection of the Primary Subscriber’s line due to lost phone, the Primary Subscriber shall still be charged the MSF and the Monthly Fixed Load Fee and the FLP subscription/s shall still continue to receive the Monthly Fixed Load.

9. Only the Primary Subscriber can transact with Sun Cellular for any request for modification. In the case of a lost FLP Subscriber’s SIM, a new Sun Cellular SIM pack must be purchased and enrolled as the replacement FLP subscription/s. The original FLP Subscriber’s Holding Period shall still apply. The lost SIM shall be deactivated and shall no longer be credited with the Monthly Fixed Load.

10. Should the Primary Subscriber fail to pay the Monthly Fixed Load Fee and/or MSF, Sun Cellular will suspend sending the Monthly Fixed Load to the FLP Subscribers. An FLP Subscriber’s prepaid SIM without load for one hundred twenty (120) days will automatically expire together with the mobile number. Should the Primary Subscriber thereafter desire to reinstate the FLP account, the mobile number will be different and re-activation will be subject to administrative fees. The Primary Subscriber shall be liable to pay the Monthly Fixed Load Fee regardless of whether the FLP Subscriber’s account is active or inactive.

11. The Primary Subscriber warrants that all FLP Subscribers are aware of and shall abide by all the foregoing terms and conditions.

C.  24/7 Call & Text Unlimited Service, 24/7 Text Unlimited Service and Daylite Call and Text Unlimited Service

For Subscribers availing of the 24/7 Unlimited Service, the following terms and conditions shall likewise apply:

1. 24/7 Call & Text Unlimited (CTU) allows the Subscriber unlimited local Sun-to-Sun voice calls and texts and 24/7 Text Unlimited (TU) allows unlimited local Sun-to-Sun texts for a monthly minimal fee, charged against the Monthly Service Fee (MSF). Voice calls and texts made to other networks, International Roaming (IR) and Value Added Service (VAS) transactions shall be charged the standard applicable rates.

2. If the enrollment to any of the foregoing Unlimited services is made at the beginning of the Subscriber’s billing cycle, the applicable monthly fee shall be charged and payable in full. Otherwise, the monthly fee shall be assessed and charged on a pro-rata basis.

3. Should the Subscriber decide to discontinue availing of 24/7 CTU/TU, he/she must visit any of The Sun Shop or call Sun Cellular Hotline and request for service deactivation. Otherwise, Sun Cellular shall assume continued enrollment to the said services and shall have

the right to continue charging the 24/7 CTU/TU against the Subscribers unused MSF or on top of the MSF, if already consumed.

4. Sun Cellular has sole discretion without need of prior notice to disallow, modify or discontinue 24/7 CTU/TU at any time without incurring any liability whatsoever.

The Subscriber hereby acknowledges that he/she has read, fully understood and freely and voluntarily agreed to be bound by the foregoing terms and conditions  which shall be in effect from the date of the first use of the Sun Postpaid Service.

Note: The foregoing terms, conditions and rates are subject to change without prior notice.