The following are the Terms and Conditions for purchases of Apollo products and/or services from EXADYNE SOLUTIONS CORP. (hereafter “EXADYNE SOLUTIONS CORPORATION”). In order to place an order with our company, you must read and agree to the terms and conditions (“Terms and Conditions”) below. It is your responsibility to read and understand the terms and conditions completely and thoroughly, so please do not hesitate to contact us if you have any questions.
EXADYNE SOLUTIONS CORPORATION and you (the “Customer”) hereby agree to the following terms and conditions with respect to the product and/or service offering by EXADYNE SOLUTIONS CORPORATION to the Customer of the wireless communication device and peripheral equipment (the “Equipment”), including, but not limited to, mobile hotspots, USB cables, User Manuals, and related or additional services (the “Services”) which are described herein or included in any written agreement between Customer and EXADYNE SOLUTIONS CORPORATION for products and/or services (“Agreement”).
I. Acceptance of Terms and Conditions
- If the Customer places an order via EXADYNE SOLUTIONS CORPORATION’s website (www.apollotravelwifi.com), this will constitute the Customer’s acceptance of the Terms and Conditions. If the Customer places an order via EXADYNE SOLUTIONS CORPORATION’s authorized Distributors or any other method, acceptance of the Equipment shall constitute the Customer’s acceptance of these Terms and Conditions.
II. Authorization
- If Customer is an entity other than an individual, the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
- Customer authorizes EXADYNE SOLUTIONS CORPORATION to verify the Customer’s credit worthiness with a credit reporting agency.
III. Equipment Delivery
- An order for Equipment must be placed by the Customer before 5PM (Philippine Standard Time) Monday to Friday (no orders are processed on weekends) in order to be prepared for standard delivery options which include courier’s delivery to the designated address by Customer order or self-pick-up at EXADYNE SOLUTIONS CORPORATION’s specified sales network, whichever way the Customer may choose in his/her discretion when placing order. If the Customer’s order for Equipment arrives after 5PM, then the Equipment order will be considered to be placed on the next business day.
- From the end of the Usage Term (the time period in which the Customer is being charged for the Services), the Customer has two (2) business days to return the Equipment to EXADYNE SOLUTIONS CORPORATION. Late fees begin to accrue on the third (3rd) business day after the Usage Term ends.
- EXADYNE SOLUTIONS CORPORATION will take responsibility for the Equipment during transportation to the Customer’s address as designated by the Customer.
- Standard delivery dates are business days (non-holidays) Monday through Friday. Delivery on weekends or public holidays is available at additional cost as EXADYNE SOLUTIONS CORPORATION deems fit.
- EXADYNE SOLUTIONS CORPORATION will use reasonable efforts to deliver the Equipment prior to the date the Customer is scheduled to leave the country, but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.
- The Customer will accept the Equipment when delivered on or before the Departure Date, and if for any reason the Customer fails to accept the Equipment when delivered on or before such date, the Customer shall nevertheless be liable for the stated Services Charge and any applicable cancellation charge per the Terms & Conditions in which the Equipment was ordered.
- If the Customer is not present when the Equipment is delivered to the Customer’s address, the Customer is authorizing EXADYNE SOLUTIONS CORPORATION and its agent or delivery company to drop off the Equipment at the Customer’s shipping address. From the time, the equipment is delivered to the Customer’s address, the Customer is responsible for the care of the Equipment.
IV. Charges
- Services Period or Usage Term – The number of days between the Departure Date and Return Date as specified by Customer in placing order with EXADYNE SOLUTIONS CORPORATION.
- The Customer will pay daily charges from the Departure Date (which refers to the hotspot activation date as specified by Customer in placing the order) until the Return Date (the date in which the Customer returns from the travel as specified by Customer in placing the order) for all of the Equipment specified in the Terms and Conditions. Services Charges apply to full days only (not fractional days).
- EXADYNE SOLUTIONS CORPORATION is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not EXADYNE SOLUTIONS CORPORATION is aware of such charges at the time of the return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Usage Term, or if not computed at the end of Usage Term, then upon demand given by EXADYNE SOLUTIONS CORPORATION to the Customer.
- The Services Charge is charged to customer credit card or by other payment methods acceptable to EXADYNE SOLUTIONS CORPORATION upon placement of Customer order. Any other amounts due to EXADYNE SOLUTIONS CORPORATION under this Agreement are payable at the end of the Usage Term or such date as may be specified by EXADYNE SOLUTIONS CORPORATION in writing. EXADYNE SOLUTIONS CORPORATION shall be entitled to charge interest at the rate of 5 percent per month (or partial month) or highest lawful rate, whichever is less, on any overdue amounts.
- Late fees start on the third business day after the end of Usage Term as per the Standard Daily Rate of Customer order, per day/per unit, until the date Customer returns the Equipment.
- Customer shall be liable for and obligated to pay EXADYNE SOLUTIONS CORPORATION for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce EXADYNE SOLUTIONS CORPORATION’s rights hereunder.
- Pricing. The following are the prices charged for EXADYNE SOLUTIONS CORPORATION’s equipment and services (Services), and all prices are in Philippine Pesos.
Equipment & Services
| Rates | Amount | Description |
|---|---|---|
| Rental | Php249-Php580 per day | Please refer to the rate table found in www.apollotravelwifi.com |
| Shipping and Pick up Fees | NCR (Php200) Provincial (Php300) |
|
| Deposit | Php2000 | Deposit will be returned in full to the customer if the device is not damaged or lost. |
| Damages/Cancelled Order | Amount in PHP | Description |
|---|---|---|
| Late Fee | Php380 for each day of delay | Equipment shall be returned in 2 business days after Usage Term ends, otherwise, Late Fees shall be accrued per day delayed /unit as stated in the Terms & Conditions. |
| WiFi Hotspot terminal | Php6,500 | If Equipment is lost, stolen, or water damaged or severely damaged and beyond repair. |
| Pouch | Php250 each | Missing or damaged Pouch sent with order |
| Cancellation Fee | Php1,000 /cancelled order | In the event the order cancelled after the product has been shipped. |
| Spare Part/Service | Unit Price (PHP) |
|---|---|
| Top case | Php770 |
| Middle case | Php825 |
| Back Case | Php300 |
| Bracket | Php500 |
| Cable | Php250 |
| Main antenna | Php400 |
| Sub antenna | Php450 |
| Battery | Php1,300 |
| U2 PCBA | Php6,500 |
| Keypad FPC | Php500 |
- If the Customer is having any difficulty with using the Service while at their destination, the Customer must notify EXADYNE SOLUTIONS CORPORATION within the Services Period in order to qualify for any possible refund or discount to a Charge. Any refund or discount to a Charge is provided solely at EXADYNE SOLUTIONS CORPORATION’s discretion.
- Customer must notify EXADYNE SOLUTIONS CORPORATION in writing of any final disputes regarding Charges within 30 days of receipt of the invoice, or final payment notification, containing the disputed Charge or else the right to dispute the Charge will be waived.
V. Payment and Forms of Payment
- The Rental Charge is charged to customer credit card or by other payment methods acceptable to EXADYNE SOLUTIONS CORPORATION upon placement of Customer order. Any other amounts due to EXADYNE SOLUTIONS CORPORATION under this Agreement are payable at the end of the Usage Term or such date as may be specified by EXADYNE SOLUTIONS CORPORATION in writing.
- By providing EXADYNE SOLUTIONS CORPORATION with a Credit Card, the Customer represents that EXADYNE SOLUTIONS CORPORATION is authorized to make charges on such account.
- At EXADYNE SOLUTIONS CORPORATION’s sole discretion, we may establish invoicing for corporate or other Customers.
VI. Use of Equipment
-
- Upon delivery to the Customer, EXADYNE SOLUTIONS CORPORATION will provide instructions on the use of the Equipment by way of User Manual.
- The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions within the User Manual and in no other manner.
- The Customer agrees not to:
- Use the Equipment in any country not listed in the original order for purposes other than the setup and configuration.
- Effect any repairs or modifications to the Equipment, or attempt to reverse engineer the Equipment;
- Remove or interfere with any certification markers affixed to the Equipment;
- Deface or add to the Equipment;
- Sublet or allow the use of the Equipment by any third party;
- Attempt to dispose of the Equipment, or encumber or grant any interest in the Equipment to any third party.
- In the event of any loss, damage, theft or disappearance of the Equipment while in Services Period, regardless of circumstances, the Customer shall pay to EXADYNE SOLUTIONS CORPORATION on demand, an amount equivalent to the value of the Equipment in accordance with EXADYNE SOLUTIONS CORPORATION’s then-current listed prices in Terms and Conditions. In the event the Equipment is stolen or lost, the Customer is liable for all Services Charges on such Equipment until it is deactivated by EXADYNE SOLUTIONS CORPORATION.
| Damages/Cancelled Order | Amount in PHP | Description |
|---|---|---|
| Late Fee | Php380 for each day of delay | Equipment shall be returned in 2 business days after Usage Term ends, otherwise, Late Fees shall be accrued per day delayed /unit as stated in the Terms & Conditions. |
| WiFi Hotspot terminal | Php6,500 | If Equipment is lost, stolen, or water damaged or severely damaged and beyond repair. |
| Pouch | Php250 each | Missing or damaged Pouch sent with order |
| Cancellation Fee | Php1,000 /cancelled order | In the event the order cancelled after the product has been shipped. |
| Broken LCD/TP | Php2,300 | If LCD/TP is broken or severely damaged and beyond repair. |
| Spare Part/Service | Unit Price (PHP) |
|---|---|
| Top case | P770 |
| Middle case | P825 |
| Back Case | P300 |
| Bracket | P500 |
| Cable | P250 |
| Main antenna | P400 |
| Sub antenna | P450 |
| Battery | P1,300 |
| U2 PCBA | P6,500 |
| Keypad FPC | P500 |
- During the Use of Equipment, the Customer should contact EXADYNE SOLUTIONS CORPORATION with any trouble or customer support issues in order to provide EXADYNE SOLUTIONS CORPORATION the opportunity to resolve any difficulties.
VII. In the Event of Loss or Damaged Equipment
- In the event that your Equipment has been lost, damaged, stolen, or disappeared, notify EXADYNE SOLUTIONS CORPORATION immediately by email goapollo@exadyne.com.ph.
VIII. Repairs or Damaged Equipment
- If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer will notify EXADYNE SOLUTIONS CORPORATION immediately.
- EXADYNE SOLUTIONS CORPORATION will repair or replace the Equipment as soon as possible after EXADYNE SOLUTIONS CORPORATION has been notified of the problem by the Customer, and provided the Customer is not in breach of its agreement with EXADYNE SOLUTIONS CORPORATION, EXADYNE SOLUTIONS CORPORATION will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Services Period unexpired when the malfunction occurred.
- If EXADYNE SOLUTIONS CORPORATION finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment in addition to the other fees payable under the Terms and Conditions.
IX. Ownership
- The Equipment will at all times remain property of EXADYNE SOLUTIONS CORPORATION. Customers have no rights other than temporary use. During the Services Period, no dismantling or part replacements are authorized without the written approval of EXADYNE SOLUTIONS CORPORATION.
X. Termination
- The use of the Equipment and all Services may be terminated or deactivated without notice by EXADYNE SOLUTIONS CORPORATION upon any of the following events: (a) EXADYNE SOLUTIONS CORPORATION has any reason to believe the Equipment was obtained by any misrepresentation or fraudulent means; (b) EXADYNE SOLUTIONS CORPORATION has any reason to believe that any meter on the Equipment has been tampered with; (c) EXADYNE SOLUTIONS CORPORATION has any reason to believe the Equipment is or may be used for any illegal or improper purpose, or in violation of applicable laws; (d) a breach of any of these Terms and Conditions including the payment terms; or (e) detection of unusually high usage, or possible theft or fraud. EXADYNE SOLUTIONS CORPORATION may also, at its discretion and in addition to other remedies available hereunder at law or in equity, take immediate possession of the Equipment without being obliged to repay any portion of the Services Charges. EXADYNE SOLUTIONS CORPORATION may also terminate these Terms and Conditions without any liability whatsoever in the event that Services are not available to EXADYNE SOLUTIONS CORPORATION or becomes unavailable for any reason. No remedy of EXADYNE SOLUTIONS CORPORATION shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
- Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with Equipment, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions, then EXADYNE SOLUTIONS CORPORATION may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. EXADYNE SOLUTIONS CORPORATION may also terminate this Agreement without any liability whatsoever to the Customer in the event that Services is not available to EXADYNE SOLUTIONS CORPORATION by a systems operator. No remedy of EXADYNE SOLUTIONS CORPORATION shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
XI. Applicable Law
- This Agreement shall be governed by the laws of the Republic of the Philippines, without giving effect to its choice of laws or provisions. Any legal action or similar proceedings shall be instituted and held in Mandaluyong City, and Customer consents to the exclusive venue and jurisdiction of the courts in Mandaluyong City.
XII. Liability, In-Country Service, & Representations
- Fair Use Policy (FUP) – In some countries, a Fair Use Policy may be in place in accordance with the business practices of the local internet service provider (the local in-country wireless network carrier or operator). If a FUP is in place, it may limit the transfer of a specific amount of data over a period of time. Internet service providers commonly apply a cap on the amount of wireless data when an individual user has exceeded a certain amount of data within a specified time period, which can result in a throttling down (slowdown) of the connection speed. The Customer acknowledges that a FUP may be in place and accepts this possibility, and the Customer will not hold EXADYNE SOLUTIONS CORPORATION liable for any FUP, throttling, or related issues which could affect the performance of the Equipment or the Customer’s usage experience.
- EXADYNE SOLUTIONS CORPORATION warrants that the Equipment will be in working order when it is delivered to the Customer, but EXADYNE SOLUTIONS CORPORATION cannot be responsible for the performance of the Equipment or the operation of the networks to which the Equipment is connected. The Customer acknowledges that Services may be temporarily interrupted (including dropped calls or weak signals), delayed, or otherwise limited due to a variety of causes, including but not without limitation to transmission limitations or interruptions, atmospheric conditions, system capacity limitations, network coverage, cell tower location / placement, wireless signal strength, network system, or equipment failure. The Customer’s particular geographic location within a country, building, or structure, as well as a variety of other related causes, may also affect the Equipment performance.
- EXADYNE SOLUTIONS CORPORATION MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE OR DATA SERVICES FURNISHED UNDER THIS AGREEMENT. EXCEPT AS SET FORTH IN SECTION 3 ABOVE, EXADYNE SOLUTIONS CORPORATION DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Subject to these Terms and Conditions, the Customer shall be solely responsible for and shall indemnify and hold harmless EXADYNE SOLUTIONS CORPORATION against all claims, demands and liability arising as a result of the lease, possession, use, condition, operation or misuse of the Equipment by Customer or third parties, or of the services provided hereunder, whether in breach of these Terms and Conditions or otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement.
- EXADYNE SOLUTIONS CORPORATION WILL IN NO EVENT BE LIABLE FOR NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST EXADYNE SOLUTIONS CORPORATION FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL, OR FOR ANY DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
- The Customer shall be liable to EXADYNE SOLUTIONS CORPORATION for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce EXADYNE SOLUTIONS CORPORATION rights under this Agreement.
- EXADYNE SOLUTIONS CORPORATION reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that EXADYNE SOLUTIONS CORPORATION detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and EXADYNE SOLUTIONS CORPORATION shall have no liability whatsoever to the Customer for such deactivation.
XIII. General
- The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
- No waiver by EXADYNE SOLUTIONS CORPORATION of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
- This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by EXADYNE SOLUTIONS CORPORATION or its authorized agent. This Agreement constitutes the entire agreement between EXADYNE SOLUTIONS CORPORATION and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use of the Equipment or the Services, other than as set forth herein.
- EXADYNE SOLUTIONS CORPORATION is not liable for any lack of privacy or security which may be experienced with regard to the Services. The Customer authorizes EXADYNE SOLUTIONS CORPORATION’s monitoring and recording of data (Services) concerning the Customer’s account or the Services and consents to EXADYNE SOLUTIONS CORPORATION’s use of automatic dialing equipment to contact the Customer. EXADYNE SOLUTIONS CORPORATION has the right to intercept and disclose transmissions in order to protect its rights or property as permitted by applicable laws.
- These Terms and Conditions may be amended or modified by EXADYNE SOLUTIONS CORPORATION in its discretion at any time by providing notice to Customer of such changes by email address of the Customer, or by any other reasonable means.