/ GOVERNMENT

DEPARTMENT OF EDUCATION, LUCAPON SOUTH ELEMENTARY SCHOOL EDUCATION/SCHOOL

PUROK 3 BARANGAY LUCAPON SOUTH, STA. CRUZ, ZAMBALES

2206

GUMANGAN, ANALYN M. SCHOOL PRINCIPAL II

analyn.gumangan@deped.gov.ph 09507816436

MARAVILLA, JANE A. jane.maravilla@deped.gov.ph

N/A 09508377271

LSES

ANALYN M. GUMANGAN MAY 19, 2020

JANE A. MARAVILLA MAY 19, 2020

 TERMS AND
CONDITIONS
SMART COMMUNICATIONS, INC. (‘SMART’) shall provide Short
Message System (SMS) products and services (‘SERVICES’) to you
(‘CLIENT’) under these Terms and Conditions. Client understands and
acknowledges that client is entering into an agreement with smart
and not the content provider with whom smart has associated to bring
client these services. By completing and signing the registration form
and/or by completing the registration process by clicking on the
‘accept’ button via the Internet or SMS you are agreeing to become a
party to and abide by these Terms and Conditions herein with SMART
and acknowledge that you have read and understood the same.
1. DEFINITION OF TERMS
The following words will have these meanings in these Terms and
Conditions unless the context otherwise specifies:
a) SERVICE/S – The term shall be used herein to collectively describe
the services rendered by smart to client during sending, transfer,
passage and communication of content from texting public to client
and vice versa. Service shall be provided through short messaging
system (SMS) and/or internet/email platform utilizing a global system
for mobile communications (GSM) Network.
b) CONTENT –The term shall be used herein to collectively describe
all data, information, messages, statements and all forms of
communiqués that passthrough smart by virtue of the services from
the texting public to client and vice versa. Content may include
personal data.
c) CLIENT –The term shall be used herein to describe any agency,
institution, organization, company, corporation, partnership or any
other legal entity, which has expressed interest in availing of services.
In relation to any personal data from the texting public that may be
processed under or in relation to this Agreement, Client shall be
Personal Information Controller thereof.
d) CONTENT PROVIDER – The authorized representative of the Client
who is responsible for the Client’s use and operations of the
SERVICES, which includes tasks such as uploading of TEXTING
PUBLIC Data, and the execution of broadcast, polling, and feedback
campaigns.
e) TEXTING PUBLIC – The term shall be used herein to describe any
individual, agency, institution, organization, company, corporation,
partnership or any other legal entity, that may either receive SMS
broadcasts from the Client or send feedback to the Client via SMS,
through the SERVICES. In relation to any personal data from the
texting public that may be processed under or in relation to this
Agreement, the texting public, individually, are Data Subjects.
f) TEXTING PUBLIC Data – The term shall be used herein to describe
the collected data who requested to receive broadcast message from
the client. Texting Public Data may include personal data.
The following policy shall govern the use of the SMART Service by
Client.
2. EXCLUSION FROM LIABILITY
a) Client’s of the services in relation to the collection, sending, or other
use of personal data shall be considered personal data processing
covered by the Data Privacy Act. Client warrants that it shall process
personal data in accordance with the provisions of Republic Act No.
10173 or “the Data Privacy Act of 2012,” its implementing rules and
regulations, and all other laws and government issuances which are
now or will be promulgated relating to data privacy and the protection
of personal information (“Privacy Laws”).
b) Client shall not use the services for spamming. Spamming includes,
but is not limited to (1) the bulk sending or sending of unsolicited text
messages which provoke complaints from recipients,
(2) the sending of junk text messages, (3) the use of distribution lists
that include people who have not given specific permission to be
included in such distribution process, (4) sending commercial ads to
individuals or groups that do
not permit it, (5) SMS harassment of another Client/s, individuals or
legal entities, including but not limited to, transmitting any
threatening, libelous or obscene material, or material of any nature
which could be deemed to be offensive, and (6) the emailing of age-
inappropriate communications or content to anyone under the age of
18.
c) Broadcast of messages shall be allowed only upon consent of the
Texting Public, which shall be evidenced by written, electronic, or
recorded means. The Client shall comply with the consent
requirements of the Data Privacy Act.
d) Client must comply with all the regulations of National
Telecommunications Commission (NTC) when sending SMS Broadcast
to the texting public.
e) Client agrees to cooperate with Smart in allowing Smart‘s personnel
or authorized representative to process Texting Public Data that Smart
may need to conduct investigations necessary for the resolution of
technical and/or billing related issues relative to the Client’s use of the
Service.
f) Client shall not use the services in a manner which violates any
city, state, national or international law or regulation. Client shall not
resell, rent, lease, grant a security interest in, or make commercial
use of the services without the express written consent of SMART.
g) The client shall use the services for lawful purposes only. Client
shall not send or transmit through the SERVICES any material which
violates or any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, in violation of the Privacy Laws,
vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that will constitute criminal offense or otherwise
violate any law.
h) SMART shall not have any liability whatsoever or be deemed in
default for any delay or failure in the performance of its obligations,
commitments and undertakings resulting from or arising out of the
uses and access by the client and/or the texting public of the services
rendered by SMART or acts or omissions beyond the control of
SMART, including without limitation to incidents of force majeure and
other fortuitous events.
i) Client represents that the client identification or keyword selected by
the client, when used alone or combined with a second or third level
keyword, does not interfere with the rights of any third party and is
not being selected for any unlawful purpose. Client acknowledges
and agrees that if such selection does interfere with the rights of
any third party or is being selected for any unlawful purpose,
JANE A. MARAVILLA
SMART—upon notice of such unlawful purpose—may immediately
suspend the use of such keyword, and client will indemnify and hold
SMART harmless for any claim or demand against SMART that arises
out of such selection. Client acknowledges and agrees that neither
SMART nor any of its licensors shall be liable to client in the event
SMART is ordered or required, as a result of a court order or legal
settlement, or contractual requirement with any licensor, to desist
from using or permitting the use of a particular keyword. If as a
result of such action, client loses a keyword, the client’s sole remedy
shall be the receipt of a replacement keyword.
3. HARDWARE
a) The client is responsible for and must provide the cellular
phone/computer and phone/internet service subscription needed to
ANALYN M. GUMANGAN
access and use the services. The client must, at all times, comply
with SMART‘s requirements regarding the proper access equipment,
as well as the mode of access to and/ or use of the services.
b) The client is responsible for ensuring that the computer it uses to
access the Services is protected from all forms of malware.
4. ACCESS CODE AND ALPHA TAGS
a) Client accepts the particular access codes assigned by Smart for
their exclusive use;
b) Client accepts the alpha tags assigned by Smart for their non-
exclusive use.
c) Should the client need for additional and/or personalized access
code/alpha tags, a separate request shall be made. However, all
personalized program code requests shall undergo the validation
process of SMART.
d) Smart shall provide system credentials to individuals nominated by
the client (“Infocast Administrators”), for use in authenticating to the
system prior to accessing any virtual e) The client is responsible for
protecting all system credentials provided to it by Smart.
f) The client is responsible for all actions performed by the system as
a direct result of or in compliance with requests/commands issued
using system credentials provided to it by Smart, to the extent of the
action’s behavior as described in the service’s specifications.
5. SOFTWARE
a) SMART reserves the right to amend any particular software
program or facility which it uses to provide the services. The Client
agrees to abide by all applicable laws relating
 11. DATA PRIVACY
services. The Client must abide by the generally accepted rules on
Whenever applicable, in performing its obligations under these Terms
conduct relating to the proper use of SMS. The definition and
and Conditions, SMART as a personal information processor shall, at
interpretation of what constitutes acts of violation of the generally
all times, comply with the provisions of Privacy Laws. SMART, its
accepted rules on conduct shall remain the sole right of SMART.
officers, employees, and representatives undertake to:
Violations will be deemed adequate grounds for the termination of
a) Process personal data under the instructions stated in this
these Terms and Conditions.
Document as agreed upon between Client and SMART, including
transfers of personal data to another country or an international
6. CONTENT
organization, unless such transfer is authorized by law;
a) The Infocast Broadcast Services (“Services”) shall be for the sole
b) Implement required measures and systems that will enable data
purpose of information dissemination indispensable to the business
subjects or subscribers to reasonably exercise their rights under
objectives of the client. All messages sent by the client shall be official,
Privacy Laws;
and the client shall be held solely responsible for the broadcasts.
c) Maintain proper records, and provide Client the necessary access
b) Client shall not in any way directly or indirectly use or include Smart
to such records, to the extent which will allow Client to comply with
Communications, Inc. or any of its brands in any message without
the reasonable exercise by data subjects or subscribers of their right
prior written consent.
to access under the Data Privacy Act of 2012;
c) The services shall not be used for any political or partisan political
d) Determine the appropriate level of security measures, subject to
activity or any activity or message, the purpose of which includes
and in conjunction with, Client, taking into account the nature of the
campaigning for or against the election of a person to an office,
personal information to be protected, the risks represented by the
regardless of whether or not such person has filed a certificate of
processing, the size of the organization and complexity of its
candidacy. It shall not be used for electoral campaigns, electoral
operations, current data privacy best practices, and cost of security
propaganda, or electioneering, and the promotion of persons,
implementation;
services, procedures, entities affiliated with political activities, the
e) Implement required security measures for data protection,
purpose of which includes campaigning for or against the election of
including policies for evaluation, monitoring, and review of operations
a person to an office regardless of whether such person has filed a
and security risks. Such measures shall aim to maintain the
certificate of candidacy. Persons under this guideline include
availability, integrity, and confidentiality of personal data, and prevent
organizations and party list organizations.
negligent, unlawful, or fraudulent processing, access, and other
d) The services shall not be used for similar activities such as hearings,
interference, use, disclosure, alteration, loss, and destruction of
caucuses, plebiscites and referendums.
personal data;
e) The services shall not be used to demean any person, property or
f) Implement reasonable and appropriate organizational, physical,
entity and shall prohibit the use of profane and obscene language, or
and technical measures intended for the protection of personal
any content aimed at the satisfaction of prurient interests.
information against any accidental or unlawful destruction, alteration,
f) The services shall not be used as a means to collate and solicit
inappropriate and immoral content. and disclosure, as well as against any other unlawful processing, or
for such other purposes as may be required under Privacy Laws;
g) The services must not be used to transmit libelous and defamatory
g) Implement reasonable and appropriate measures to protect personal
content and those that infringed on the intellectual property rights of
information against natural dangers such as accidental loss or
others.
destruction, and human dangers such as unlawful access, fraudulent
h) If any content is found to have deviated from these guidelines and
misuse, unlawful destruction, alteration, and contamination;
the terms and conditions in the use of the Infocast system, Smart
h) Ensure to the extent that it is necessary and reasonable, that its

shall terminate the service immediately without prejudice of the
client’s right to ask for reconsideration of Smart’s decision to
terminate.
7. CHARGES
a) The transfer, passage and communication of content from the
texting public to client or vice versa shall be for the originator’s own
account and will be charged based on prevailing tariff rates, plus all
applicable toll charges and taxes to SMS-based messages (text
messages). Client shall be responsible to notify the rates to the texting
public.
b) The CLIENT acknowledges that it shall not be entitled to any
commission, fees, any forms of payment, emolument or any other
compensation for the services to be rendered by SMART.
c) CLIENT shall be given monthly text allocation as stated in page
1. Text allocation can only be used within Smart network only. Unused
JANE A. MARAVILLA
employees, agents, and representatives who are involved in the
processing of personal information operate and hold personal
information under strict confidentiality;
i) Not engage another processor without prior instruction from Client:
Provided, that any such arrangement shall ensure that the same
obligations for data protection under this Document are implemented,
taking into account the nature of the processing;
j) Notify Client as soon as it is reasonable to do so under the
circumstances, to enable it to notify the National Privacy Commission
and the affected data subject or subscriber within the period
prescribed under Privacy Laws, when sensitive personal information
that may, under the circumstances, be used to enable identity fraud
are reasonably believed to have been acquired by an unauthorized
person, and the SMART, Client, or the National Privacy Commission
believes that such unauthorized acquisition is likely to give rise to a
real risk of serious harm to any affected data subject or subscriber;

monthly text allocation is not transferable or not be carried over to
the following month.
8. EMPLOYER-EMPLOYEE RELATIONSHIP
l) Reasonably assist Client in ensuring compliance with Privacy Laws,
a) There shall be no employer-employee relationship between client
and SMART and its employees and other persons hired by it.
9. TEXTING PUBLIC DATA
a) Client shall have control over the Texting Public Data.
b) SMART shall have right to access Texting Public Data to send
CLIENT related Smart usage offers.
10. CONFIDENTIALITY
a) Client hereby agrees to maintain confidential all information with
regard to the SERVICES to be provided by SMART and shall not
disclose to anybody any provisions of these Terms and Conditions for
the duration of the services.
b) SMART shall not release Client’s information to another client or to
another person or entity, since all applications shall be treated with
confidentiality, except where the prior written consent of the client is
obtained or such information is required to be disclosed pursuant to
any applicable law or legal process issued by any court.
ANALYN M. GUMANGAN
k) Promptly notify Client if, in its opinion, any instructions of Client
violates, or may be construed to violate, any provision of Privacy
Laws;
taking into account the nature of processing and the information
available to SMART;
m) At the choice of Client, delete or return all personal data to the
former after the end of the provision of services relating to the
processing: Provided, that this includes deleting existing copies unless
storage is authorized by Privacy Laws or another law;
n) Make available to Client the information necessary to reasonably
demonstrate, under the circumstances, compliance with the
obligations laid down in Privacy Laws, and allow for and contribute to
audits, including inspections, conducted by Client or another auditor
as agreed upon by the parties, to the extent necessary for compliance
with Privacy Laws; and
o) Include the foregoing in the privacy and security policy of SMART.
12. EFFECTIVITY, TERMS AND CONDITIONS
a) These Terms and Conditions shall be in effect for a period of two
(2) years from date of signing and shall be deemed renewed for a
period of one (1) year on each annual anniversary date of signing
unless either party notifies the other in writing of its intention not to
renew these Terms and Conditions not less than thirty (30) days prior
to the annual anniversary date of these Terms and Conditions. Upon
delivery of the party’s intention not to renew these Terms and
Conditions to the other party, these Terms and Conditions shall be
deemed to terminate on the last day of then current one-year period.
b) The automatic renewal of these Terms and Conditions shall,
however, be without prejudice to the right of either party to pre-
terminate these Terms and Conditions, at any time, with or without
cause, by giving the other party at least thirty (30) days prior written
notice.
c) The covenants contained in these Terms and Conditions which, by
their terms, require their performance after the expiration or
termination of these Terms and Conditions shall be enforceable
notwithstanding the expiration or termination of these Terms and
Conditions.
d) Neither the course of conduct between SMART and the Client nor
trade practice will modify these Terms and Conditions. If any specific
provision contained herein is determined to be invalid, the other
remaining provisions will remain in full force and effect. The provisions
of all obligations and all restrictions on the Client will survive the
termination of services.
e) The headings in this Agreement are for convenience only and shall
not affect the meaning or interpretation of this Agreement or any
provision thereof.
f) SMART reserves the right to revise these Terms and Conditions at
any time upon notice (in such form as determined by SMART) to the
client.
g) The rights and obligations under these Terms and Conditions shall
not be capable of assignment or transfer by Client without the prior
written consent of SMART.
h) Client shall act strictly in accordance with its authority as stipulated
in these Terms and Conditions. No misrepresentations by client
relative to the content it sends shall in any way bind SMART. In case
of such misrepresentations, only client shall be bound by the same
and shall be solely liable and accountable to the texting public.
i) Client shall be liable for damages caused to SMART or third persons
due to the acts or omissions of the client, any of its officers and/or
employees constituting fraud, misinformation or criminal behaviour,
violations of Privacy Laws, or those acts that are prejudicial to the
interests of SMART.
j) Client agrees to indemnify SMART from and against any claim, suit,
action or proceeding brought against SMART based on claims that any
content provided by client infringes any patent, copyright, trade secret
or other proprietary right property or other right of any person or
entity—including their rights as data subjects, or as a result of any
threatening, libelous, obscene, harassing or offensive material
contained in any Client communications and where the
ANALYN M. GUMANGAN
matter concerns the accuracy and/or validity of content or any
information passing through SMART in connection with these services.
k) The Client may request a temporary disconnection of the Service
by giving not less than thirty (30) calendar days prior written notice
to SMART. Such temporary disconnection shall not constitute a
termination of this Agreement except that if the Client does not
request for a reconnection within a period up to a maximum of six
(6) months, SMART reserves the right to terminate this Agreement
without prior notice.
13. USAGES
a) SMART and client shall determine the corresponding level of SMS
traffic. Should client’s SMS traffic fall below the agreed level for three
(3) consecutive months, SMART shall review reasons behind low
usage and recommend next steps, including termination of the
service.
b) The SMART may disconnect the inactive accounts within ninety
(90) calendar days without prior notice.
14. MISCELLANEOUS
a) The SERVICES are supplied on an “as is” basis without any express
or implied warranties except for those as may be provided for by fair
business practice under Philippine relevant laws and regulations.
Client waives any and all claims for service fees, compensations or
other benefits as well as claims for liabilities, attorney’s fees, suits,
costs and for any special, indirect, incidental, or consequential
damages OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO
USE THE SMART SERVICE, THE PERFORMANCE OF SMART SERVICE,
OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT,
BUSINESS OPPORTUNITIES, BUSINESS STOPPAGE, LOSS OF DATA
OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES
RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE
TO CLIENT'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES against SMART or its officers,
directors and employees or any of its affiliates, subsidiaries, suppliers
or parent corporation(s) resulting from or arising out of the use (or
inability to use) and access of the SERVICES rendered by SMART by
virtue of these Terms and Conditions.
15. DISPUTES
a) These Terms and Conditions shall be governed by the laws of the
Republic of the Philippines and the Parties hereby submit to the
exclusive jurisdiction of the Courts of Makati City, Philippines.
JANE A. MARAVILLA