By accessing or using the SERVICE you agree to be bound by these TERMS. If you disagree with any part of the TERMS then you may not utilise the SERVICE.
The AGENT shall use the SERVICE for the sale of the following PRODUCTS:
Smart Padala (Smart Money Acceptance and Smart Money Encashment
Microinsurance products as well as other PRODUCTS subject to the requirements to be communicated and specified by the Service provider. The Agent shall be entitled to discounts and commissions based on the corresponding discount/commission rates for each of the following Products sold by the AGENT as well as other discount and commission rates to be disclosed by the Service provider in due time. The AGENT shall open a unique user account to log into the Service (the “Agent Account”). The AGENT has the right to activate/operate only one (1) user account. The AGENT shall begin transactions no later than effective date after the initial non-refundable Agent Package Fee has been deposited to one of the bank accounts below:
Banco de Oro (BDO) – Peso Account
002111 – 535660
Bank of the Philippine Islands (BPI) – Peso Account
9821 – 0059 – 89
658 – 7 – 65802324 – 8
Smart Money Number
5577 – 5150 – 9425 – 6103
The AGENT shall email a scanned copy of the deposit slip to email@example.com detailing the amount deposited, branch and date deposited.
Only for the sale of the Products, The AGENT has the non-exclusive right and license to use, during the Term of 2 years and subject to the terms and conditions herein, the System, and the Proprietary Marks within the Territory.
The AGENT shall make no alteration whatsoever in the body or lettering of the Marketing Collaterals and shall keep the same in a clean and satisfactory condition at all times. Cost of ordinary repairs and maintenance of the Marketing Collaterals shall be for the account of the AGENT. In case of loss of any of the Marketing Collaterals, the AGENT shall pay AYANNAH the replacement value of the same.
For the duration of the use of the Service, the AGENT shall not operate any distribution, dealership, marketing or any sales set-up for persons, individuals or entities carrying products competitive with any of the Products. Any violation of this provision shall be a ground for termination of the Agent’s license to use the Service.
The AGENT shall not communicate, disclose or use any Confidential Information except as: (i) permitted herein; or (ii) required by law, and shall use all reasonable efforts to maintain such information as confidential.
The AGENT shall not, without the Service provider’s prior written consent, copy, duplicate, record or otherwise reproduce any Confidential Information. Confidential Information may be provided to employees, agents, consultants and contractors only to the extent necessary for such parties to provide services to the AGENT. Prior to such disclosure of any Confidential Information each of such employees, agents, consultants and contractors shall: (a) be advised by AGENT of the confidential and proprietary nature of the Confidential Information; and (b) agree to be bound by the terms and conditions of this Section. Notwithstanding such agreement, the AGENT shall indemnify the Service provide for any damages, costs or expenses resulting from or related to any unauthorized disclosure or use of Confidential Information by its/his/her agents, employees, consultants and contractors.
The AGENT shall maintain at least Php5,000 in cash available anytime within its/his/her business premises for Smart Money Encashment (SME) transactions.
The AGENT shall act solely as an independent agent contractor and will have no right to bind the Service provider in any way or to represent that the latter is in any way responsible for any acts or omissions of the former.
The use of the Service by the Agent may be dissolved before the Term ends upon mutual agreement between the Agent and Service provide, upon written notice by either the Agent or Service provider 30 days prior to the intended date of termination; provided that any unpaid fees and charges due to the Service provider have been paid, or on the instance that a breach has not been remedied after 15 days upon written notice by the defaulting party requesting such.
After the Term has ended, the Agent may renew his use of the service by observing the following, 1. Beginning on the third month from the Effective Date, maintained at least Five Thousand Pesos (P5,000) in combined revenue (which includes load sales and income on service fees) per month to maintain agent account. 2. Facilitate transaction requests at least eighty percent (80%) of the time. 3. Pay the amount equivalent to fifty percent (50%) of the Agent Package to the Service Provider’s identified bank account. This fee may be waived should the AGENT reach at least Two Hundred Forty Thousand Pesos (Php240,000) in combined revenues (which includes load sales and income on services fees) within two (2) years, such renewal fees shall be waived. Such renewal fees and minimum revenue targets may be modified by the Service provider, in its sole reasonable discretion.
Upon the cessation of use of the Service, the Agent shall immediately cease conducting any activities with respect to the promotion, marketing and sale of the Products; immediately cease to use any Confidential Information, the System, the Platform, the Proprietary Marks; and immediately deliver to the Service provider’s identified office all Confidential Information and Marketing Collaterals and all copies thereof (without regard to form or format).
In compliance with the requirements of the Data Privacy Act, I authorise the general use and sharing of information obtained from me in the course of transactions done within the Service and its allied third parties. The data which includes my personal information may be collected, processed, stored, updated and disclosed by the Service provider and be continually collected stored, processed and shared for 5 years from conclusion of any transactions or until expiration of the retention limits set by Applicable Law, whichever comes later i. for legitimate purposes ii. To implement transactions that I authorize request and allow III. To offer new and related products and services in the Service Such data and personal information shall only be used and shared with the Service provider and its allied third parties directly related to the Service. I understand that to withdraw consent therein, I may communicate directly with the Service provider and or seek assistance from the National Privacy Commission.