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Terms of Service
Bayan Telecommunications, Inc provides Kamusta.PH service under this Terms of Service.
By clicking on the ACCEPT button or installing and using the Kamusta.PH you are entering into a legally binding contract and agree to be bounded by the terms and conditions of this Agreement.
Applicable Law and Competent Court: This Terms of Service shall be governed by and interpreted in accordance with the laws of Philippines and shall be subject to the jurisdiction of the courts of the district of Philippines.
Language: Terms of Service is available on English version only.
Bayan Telecommunication, Inc: Bayan, is leading telecommunications company in the Philippines which is located
at address below.
Bayan Corporate Center Malingap cor Maginhawa Sts Teacher's Village East, Quezon City PHILIPPINES
Agreement: These Terms of Service, as may be renewed, modified and /or amended from time to time.
Kamusta.PH: The internet telecommunication service provided by Bayan under this Agreement.
3. Use of the Kamusta.PH Service and Restrictions
You explicitly agree with all terms stated below when you use Kamusta.PH Service.
No reselling: Bayan grants you a limited, personal, non-commercial, non-transferable use of Kamusta.PH Service.
Quality: Bayan will make every effort to operate the service without disruptions, delays or communication-related errors. However, Bayan cannot guarantee that all your communication will always be delivered to other users without disruptions, delays or communication-related errors.
No Access to Emergency Services: You expressly acknowledge and agree that the Kamusta.PH Services are not intended to support Emergency calls. For Emergency Calls, you acknowledge that it is your responsibility to obtain, separately from Kamusta.PH Service, traditional wireless or fixed line telephone service that support such calls.
Content of communications: Bayan does not control, or have any knowledge of the content of any communications spread by the use of the Kamusta.PH Service. You acknowledge that the contents of any communications sent or received using the Kamusta.PH Service is exclusively the responsibility of the person from whom such communication or content originated.
Telecommunication facilities to use the Kamusta.PH
Service: Use of Kamusta.PH Service, in addition to the cost of Kamusta.PH Service, may require you to contact, set up and pay for the internet service, telecommunication handset, and other telecommunication facilities. You hereby agree that you are solely responsible for all such costs.
Compliance: You represent and warrant that you comply with this Agreement, applicable laws, regulations and other policies.
Information: You are required to provide Bayan your personal information to use Kamusta.PH Service. You represent and warrant that you only provide true, accurate, and up to date and complete personal information.
4. Rate and Payment
Management of User Account: You are solely responsible for any activities using your User Account and must keep your log-in information private. User is allowed to create up to 3 different user accounts per UDID (Unique Device Identifier).
Rate: The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. For example, even when you talk for 2 minutes and 30 seconds, you are charged for 3 minutes.
Tax: You agree to pay tax as required by Philippines taxation laws when you use Kamusta.PH service, if applicable and to any other destination.
Currency: The service fees are indicated in Japanese yen. Buying of credits and purchase of subscription-based services can be done via Apple or Kamusta.PH website.
Refund Policy: Please be aware that no refund is available in any circumstances. Even if you have not already begun to use the service, no refund is available.
Change of Charge and Rates:Bayan holds the right to change the rates at any time without prior notice to you. Please always check the up to date charges on the Rate page.
5. Term and Termination
Duration: This Agreement will be effective from the date on which you accept it by clicking on the ACCEPT button or your first use of the Kamusta.PH service, and will remain effective until terminated by either Bayan or you as stated below.
(i) You may terminate this Agreement with immediate effect at any time.
(ii) without prior notice to you, Bayan may restrict your use of Kamusta.PH service, block your access to Kamusta.PH website, and/or suspend or cancel your User Account and/or User ID, with immediate effect, if Bayan reasonably believes you have failed to comply with this Agreement and/or other Bayan policies, and/or you have infringed someone else's intellectual property rights, or engaged in any fraudulent, immoral or illegal activity.
Update: Bayan reserves the right to modify this Agreement at any time by notifying you by publishing the modified Agreement on the Kamusta.PH Website. The modified Agreement shall become effective as soon as the publication.
6. Bayan's liability to you
Limitation of liability: You agree that Bayan, its related companies and the Bayan staff will have no liability, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, including for
(i) any indirect, incidental, special or consequential damages; and
(ii) any loss of income, business opportunity, or profit (whether direct or indirect)
The limitation of Bayan's liability to you above shall apply even if Bayan, its related companies or the Bayan staff have been advised of the possibility of such damages.
Indemnity: You agree to indemnify, defend and hold Bayan, its related companies and the Bayan staff harmless from and against any and all liability and costs, including reasonable attorney's fees in connection with or arising out of (i) Your violation of this Agreement or any applicable law or regulation (ii) Breach of any rights of any third parties related to the use of the Kamusta.PH Service (iii) Use or misuse of the Kamusta.PH Service.
Technical improvement and maintenance: Bayan may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations.
Bayan may have to improve and /or upgrade the Products and this may require us to restrict, limit, suspend, interfere and /or interrupt the Products. You agree that the entire risk arising out of those stated above remains with you.
7. Additional terms for the use of Virtual Number
You agree that you fully understand and consent the use condition of phone number stated in this Agreement and the website.
Purchase of Virtual number: you can purchase multiple phone number of the same country/region.
Unable to use Virtual number(s) after expiration: In case that you don't renew the usage of phone number(s) and your usage right is expired, you cannot make/receive any calls until you completes renewal or application for another plan.
Retention period: In case that you don't renew the usage of phone number(s) and your usage right is expired, your phone number(s) will no longer be available for your use.
The Virtual number will be invalid after its expiration date. In order to continue using the Virtual number, please subscribe/renew while the phone number before the expiry date.
Change of virtual number(s): Once you apply for a Virtual number, you cannot change it to another virtual number of the same country/area, until the usage period and the retention period (stated in the next question) ends. After this period ends, you need to apply for a new number. You can apply for additional virtual number(s) any time.
Limit of continuous call: Please bear in mind that the maximum time of continuous call is 2 hours. After 2 hours, the call will automatically be cut.
Limit of call time: Please bear in mind that maximum call time (including all kinds of calls such as Kamusta.PH to Kamusta.PH call, make and receive calls) is 5000 minutes per month per user. After you use up all minutes, your call will automatically cut off.
Calling number display: Please bear in mind that when you make a call using Kamusta.PH, depending on the condition of international telephone line, your phone number may not be displayed on the receiver side even though the calling number display is enabled. Also, when you receive a call on Kamusta.PH, depending on the telecommunication carrier, calling number may not be displayed even though the calling number display is enabled.
Inbound call charge: Virtual number of specific countries is charged inbound calls plus sales tax. Please make sure to check the countries which charge for inbound calls and its rate before you purchase a Virtual number.
8. Additional terms for rate plans
You agree that you fully understand and consent the calling rate and its notes stated in this Agreement and the website.
Individual use only: The rate plans are for individual use only. Each plan is to be used by one user only and is not to be shared with any other user.
Withdraw and change: Bayan may withdraw or change the plans at any time. If Bayan withdraw or change the plans, Bayan will let you know by publishing notification on the Kamusta.PH website.
Termination: In the event that there is, or Bayan suspects that there is, any fraudulent activity or misuse of your rate plan, Bayan reserves the right to terminate your plan with immediate effect without a refund.
You may terminate your plan at any time. Even in the case you terminate your plan before its expiration date, no refund is available.
Indemnity: Bayan reserves rights to suspend service of virtual number usage for certain reasons at any time even when the virtual numbers are in use.
Invalidation of call balance: Unused call balance will be valid only for 1 year even after usage of virutal number(s) is expired. After 1 year, Bayan holds right to invalidate the remaining balance.
Renewal: When you don't apply for auto-renew but renew the plan manually, the new period starts from the next date of the last date of the existing period. For example, let's assume that your current plan expires on May 31th. Even if you apply for renewal on May 15th, the new period starts on June 1st, not May 16th.
9. General Provisions
Partial Invalidity: Should any term or provision hereof be deemed to be invalid, void or unenforceable, this shall not affect the other terms of this Agreement, which shall remain in full force and effect.
No Waiver: The failure or delay by Bayan to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision, or act as a waiver.