Introduction
These Supplemental Terms and Conditions for DITO Mobile Postpaid FLEXPlan (the “Agreement”), together with the Subscription Terms and Conditions (https://dito.ph/terms-and-conditions), contain the most current and applicable terms and conditions that apply to the subscription to the DITO Mobile Postpaid (the “Service”).
Subscriber acknowledges that they are fully aware of this Agreement and, by placing any subscription for the Service, Subscriber agrees to be bound by and accept this Agreement.
DITO Telecommunity Corporation (“DITO”) may amend the Agreement from time to time. Any changes shall take effect when they are posted. As Subscriber is bound by the Agreement, Subscriber should periodically review the contents of the Agreement. Continued use of the Service after any changes shall constitute Subscriber's acceptance of the revised Agreement.
Subscriber confirms that all information and supporting documents that Subscriber voluntarily provided to DITO are true and correct, for the purpose of evaluating Subscriber’s application to the DITO Mobile Postpaid Service and for compliance with Republic Act No. 11934 or the SIM Registration Act (SRA) and its Implementing Rules and Regulations. Subscriber understands that the submission of false, fictitious, or fraudulent information, or the use of falsified documents, is punishable under applicable laws, including penalties provided under the SRA, which may include imprisonment, fines, or permanent deactivation of my SIM and services.
Data Privacy and Disclosure
DITO Telecommunity Corporation adheres to the Data Privacy Act of 2012 and other relevant laws to protect its subscriber’s personal information.
Subscriber understands that DITO will collect and use his/her data to provide a more personalized experience and improve its service. All data will be collected and processed according to DITO’s Data Privacy Statement, which can be accessed in https://dito.ph/privacy.
Subscriber further acknowledges that there will be instances where DITO may be required to disclose Subscriber’s personal data as part of its business operations and for future products and services. Subscriber understands that it may be disclosed to: (a) DITO subsidiaries and affiliates, solely for the improvement of their respective business and operations, subject to applicable data privacy laws; and (b) third parties, including other companies, services providers and law enforcement agencies, for purposes for which Subscriber has provided prior consent or as otherwise permitted or required by law, such as identity verification for products or services Subscriber has availed from such entities.
Product Warranty
If applicable, all devices purchased through the DITO Mobile Postpaid FLEXPlan will be subject to the warranty terms and conditions of the device manufacturer. Any liabilities related to the device shall be handled by the device manufacturer.
Subscriber acknowledges that the handset device provided by DITO for my subscription remains to be owned by DITO until such time that the subscription is out of the applicable lock-up/Contract Period and fully paid.
Term
The Agreement shall take effect from the date the Service is activated by DITO and shall be effective throughout the Contract Period as stated in the DITO Mobile Postpaid Service Application Form. Upon lapse of the Contract Period, this Agreement shall be deemed automatically renewed on a monthly basis until terminated in accordance with this Agreement.
Unless otherwise provided in this Agreement, Subscriber shall not terminate the Service before the end of the Contract Period nor downgrade to a lower plan during the same period without the prior approval of DITO. In case of pre-termination, Subscriber shall pay all outstanding charges and the pre-termination fee equivalent to the monthly service fee multiplied by the number of remaining months under the Agreement.
Subscriber’s renewal of the Service prior to the expiration of the Contract Period shall be governed by the provisions on Plan Renewal under this Agreement.
Plan Upgrade/Downgrade
DITO shall have sole discretion in approving any request for upgrade or downgrade of the Subscriber’s Postpaid Plan.
If Subscriber’s plan upgrade/downgrade is approved by DITO, the corresponding adjustment in rates and fees shall take effect in the subsequent billing cycle.
Deposit
DITO may require the Subscriber to pay a deposit of such amount as may be determined by DITO as a guarantee for the payments in relation to the Service. The deposit shall not bear any interest.
Without prejudice to DITO’s rights to recover amounts due from the Subscriber, DITO may, at its sole discretion, offset the deposit against any amount payable by the Subscriber in relation to the Service, or forfeit the deposit if the Subscriber is in breach of the Agreement.
After deduction of all amounts due from the Subscriber, DITO shall refund the remaining deposit, if any, to the Subscriber within sixty (60) days from Subscriber’s written request. Any unclaimed deposit for period of one (1) year from the termination of this Agreement shall be forfeited in favor of DITO, subject to applicable laws.
Credit Limit
Subscriber shall be assigned a credit limit by DITO. This credit limit shall be the basis for the maximum recurring and additional charges for the Service.
DITO shall have the sole discretion in revising Subscriber’s credit limit. DITO may, from time to time, review Subscriber’s credit limit and revise the same subject to further terms and conditions as DITO deems fit. In such case, DITO shall notify Subscriber of such change. If Subscriber refuses an increase in the credit limit, Subscriber shall inform DITO immediately, otherwise, Subscriber shall be deemed to have accepted the same.
Billing
Subscriber agrees to receive the Electronic Statement of Account (eSOA) at the e-mail address indicated in the DITO Mobile Postpaid Service Application Form. If Subscriber wishes to request for paper billing, Subscriber may do so by informing DITO of the request via the DITO Experience Store.
The Subscriber may view, download, and save the eSOA using a phone, tablet, or computer (PC / laptop). Should there be any changes on the Subscriber’s email address, Subscriber shall promptly notify DITO thereof by calling the 185 DITO hotline or filing a Help Ticket on the DITO App. Using the DITO App, the Subscriber may also view, download, and save the eSOA using a compatible phone or tablet. To enable this feature, the Subscriber must register his/her account in the DITO App.
As soon as the SOA is available, DITO shall send a notification to the DITO App, and via SMS to the registered mobile number of the Subscriber. For security purposes, the eSOA is password protected. The instruction on how to input the password shall be included in the e-mail sent by DITO. A link will be provided in the SMS. Clicking the link on the SMS will open a page on the phone or tablet of the Subscriber. A one-time PIN (OTP) shall be sent via SMS. After entering the OTP, the Subscriber will be able to view, download and save the eSOA. Should there be any changes on the Subscriber’s mobile number, Subscriber shall notify DITO thereof by calling the 185 DITO hotline or by filing a help ticket on the DITO App.
For billing-related inquiries or complaints, Subscriber may contact DITO via the 185 DITO hotline, DITO Experience Stores, or file a help ticket on the DITO App within thirty (30) days from receipt of the relevant SOA. Subscriber’s failure to file an inquiry or complaint within said period shall be deemed an acceptance of the accuracy and correctness of the bill, making it final and conclusive on the Subscriber. DITO shall respond to Subscriber’s billing queries or resolve Subscriber’s billing complaint within reasonable time. Subscriber understands and agrees that DITO, in responding to such queries and in resolving complaints, DITO relies on its records which Subscriber acknowledges and agrees to be correct and conclusive.
Payment
Subscriber shall pay the entire amount billed on or before the due date specified in any payment notification, bill or any other notice sent by DITO. Subscriber’s failure or refusal to pay, in whole or in part, any outstanding charges by due date shall entitle DITO to exercise the right to suspend or terminate the Service, including the option to send non-dismissible device-based alerts on DITO-issued handsets as necessary reminders of unpaid charges. DITO may likewise restrict, disable, or limit access to certain features, functionalities, services, or applications on the DITO-issued handset, whether partially or in full, as a consequence of the Subscriber’s failure or refusal to settle any outstanding charges, penalties, or applicable fees. Such restrictions may include, but are not limited to, the suspension or limitation of outgoing and incoming calls, text messaging, mobile data access, application downloads or updates, and other device-related services. The lifting of such restrictions shall be carried out within a reasonable period following the full settlement of the outstanding amounts, subject to DITO’s standard validation and reactivation procedures. These measures are without prejudice to any other rights or remedies available to DITO under applicable law, equity, or this Agreement.
Subscriber may pay his/her bill through any DITO accredited payment channels or through any DITO Experience Store. DITO is not bound to honor payments made to persons or entities or at places not authorized by DITO to receive payments on its behalf. If Subscriber opts to pay his/her bill via direct debit from an identified account, by credit card, or by check, and the payment is not fulfilled or honored for any reason not attributable to DITO, DITO may charge Subscriber a penalty fee and/or a late payment fee.
Subscriber’s payments shall be applied as follows: late payment fee, billings in arrears, if any, and current billing.
In case of overpayment, the excess amount shall be used to offset any outstanding charges, fees, costs, or any other sum due from the Subscriber. If the Service has been terminated in accordance with the terms of this Agreement, Subscriber must notify DITO of the overpayment and the refund for such overpayment shall be in accordance with DITO policies.
Any deficiency in the payment made by Subscriber, whether in full or in part, shall not affect the right of DITO to impose and collect penalties or pursue legal remedies as a result of Subscriber’s late payment, incomplete payment, or non-payment of the Subscriber’s bill. In the event Subscriber fails and continues to fail to pay the outstanding bill, DITO may engage the services of a collection agency or institute legal proceedings against Subscriber to recover the money owed by Subscriber, and DITO may seek to collect recovery fee and/or other reasonable costs and legal fees.
Termination or Disconnection of the Service
Without prejudice to the Subscription Terms and Conditions, DITO may suspend or terminate this Agreement for any of the following reasons:
Subscriber breaches any of its obligations under this Agreement.
Subscriber fails to promptly pay any of the amounts due under this Agreement. If the Subscriber has more than one account, DITO shall have the right to terminate any or all accounts of the Subscriber.
Subscriber provides incorrect, false, or incomplete information.
Subscriber exceeds the credit limit.
After the lapse of the Contract Period, Subscriber may terminate the Agreement by giving DITO at least thirty (30) days’ written notice prior to the intended date of termination, and upon payment of all outstanding charges.
During the Contract Period, the Subscriber may also terminate this Agreement at any time by giving DITO at least thirty (30) days’ written notice. The termination shall become effective only upon settlement of all outstanding charges, including the payment of a pre-termination fee equivalent to the monthly service fee multiplied by the number of remaining months under the Agreement.
Depending on the circumstances, the Service may be extended upon Subscriber account reconnection after temporary disconnection, based on the number of days the account was temporarily disconnected.
Assignment
Subscriber shall not transfer his/her rights and obligations under this Agreement without DITO’s prior written consent.
DITO may assign, novate, or transfer all or part of its rights and obligations under this Agreement upon notice to Subscriber (which may include advertisements, statements, letters, by posting on our website or such other forms as DITO deems appropriate).
Plan Renewal
Subscriber may renew their existing mobile postpaid plan upon the expiration of the Contract Period, subject to the terms of this Agreement.
DITO may, at its sole discretion, permit qualified Subscribers to renew the Plan in advance as early as six (6) months prior to the expiration of the subsisting Contract Period, under such conditions DITO may prescribe.
DITO may require the submission of additional supporting documents as it may deem necessary for the evaluation of any renewal application.
Once the plan renewal is approved by DITO, the Contract Period shall be extended for an additional twenty‑four (24) months (the “Renewed Contract Period”), from the date of DITO’s approval.
For the avoidance of doubt, the unexpired portion of the subsisting Contract Period shall remain in effect, with the Renewed Contract Period added to it, such that the total remaining term shall consist of the term of the subsisting Contract Period and the Renewed Contract Period
This arrangement shall likewise apply to any subsequent renewals approved by DITO.
Subscriber may request a plan upgrade in connection with the early renewal, subject to DITO’s review, approval, and the submission of any additional supporting documents that may be required.
For renewals with an upgrade, Subscriber shall pay the advance MSF of the upgraded plan.
The upgraded plan and its inclusions shall take effect on the Subscriber’s next billing cycle.
If the Subscriber avails of a device under the renewed plan, the applicable handset charge or device cash‑out, if any, shall become immediately due and payable upon the filing of the renewal application. Any outstanding balance from a prior Contract Period shall not be extinguished and shall be carried over and settled in accordance with the terms of the renewed plan.
All provisions on device ownership, lock‑up, and warranties under the Agreement shall continue to apply to any device availed of under the renewed plan. Devices obtained under any prior Contract Period may only be unlocked upon Subscriber’s request and DITO’s approval, subject to full settlement of all outstanding balances, but in no case earlier than the full expiration of the Contract Period under which they were originally availed.
Any device obtained under the renewed plan shall remain DITO‑locked and shall not be eligible for unlocking until after the lapse of the Renewed Contract Period and the full settlement of all amounts due.