W E B H O S T I N G S E R V I C E A G R E E M E N T
Please read the terms of service carefully before signifying consent.
1.1. The terms and conditions in this Service Agreement govern the rights and responsibilities of PhilWebServices Global Solutions, Inc, herein referred to as the SERVICE PROVIDER and the CLIENT.
1.2. The SERVICE PROVIDER reserves the right to modify or amend the terms and conditions contained herein as it deems necessary. Such modifications will be posted in the SERVICE PROVIDER’s website and CLIENT’S registered e-mail address and will automatically be incorporated in this Service Agreement. The CLIENT’S continued use of services will constitute consent and acceptance of such modifications.
2.1. This Service Agreement shall be effective upon the date the CLIENT signified its consent and will continue for a period as chosen by the CLIENT in the order form, subject to renewal after end of every term agreed upon.
2.2. It is understood that by tendering payment to avail and use the services, the CLIENT agrees to the terms and conditions set forth in this Service Agreement and the SERVICE PROVIDER has accepted the same.
3. DESCRIPTION OF SERVICES
3.1. The SERVICE PROVIDER offers a variety of Web Hosting Packages, to wit:
a. Super Saver Web Hosting Plan (Standard, Professional, Premium)
b. Enterprise Web Hosting Plan (Presence, Possibility, Power)
c. Reseller Web Hosting Plan (Bronze, Gold, Platinum)
d. E-mail Hosting Plan (5 e-mails, 10 e-mails, 100 e-mails)
3.2. The SERVICE PROVIDER also offers Domain Registration and Domain Transfer Services, for those clients who do not have Domain Name for the website to be hosted.
3.3. As a Caveat, however, the SERVICE PROVIDER only provides hosting services and is not responsible or liable for any data loss on the content of the website.
4. USER CONTENT
4.1. Lawful Purpose. All services provided may be used for lawful purposes only. The SERVICE PROVIDER reserves the right to refuse service, remove material or otherwise disable or terminate CLIENT’S account for any materials that, in the former’s judgment, is obscene, threatening, illegal, infringes copyright or trademarks, counterfeit and/or violates the terms and conditions of this agreement.
4.2. Internet Knowledge. The CLIENT must have the necessary expertise and knowledge in creating and maintaining a website e.g. Internet Protocols & Software, as it is no longer the responsibility of the SERVICE PROVIDER to provide assistance or customer support outside of the services offered to the CLIENT.
4.3. Pornography. The SERVICE PROVIDER has zero tolerance against pornography. It does not allow and authorize any display of pornographic materials nor use the site as an arena for pornographic activities. It does not seek to abridge the rights of the CLIENTS and its users, but it upholds all laws vis-à-vis pornography.
4.4. Server Ready. It is the responsibility of the CLIENT to ensure that all data and materials are server-ready. By server-ready, it no longer requires any additional manipulations or intervention from the SERVICE PROVIDER. If it is not server-ready, the SERVICE PROVIDER has the right to reject such material and will provide a notification on the details of its refusal. The CLIENT will then be given the opportunity to modify or amend the material in order to fulfill the requirements of the SERVICE PROVIDER.
4.5. E-Mail Attachment Size Restrictions. The SERVICE PROVIDER provides a 20 megabytes restriction on sending and receiving attachments per email message. If the CLIENT has attachments larger than 20 megabytes, the CLIENT has to upload it to a subfolder of public_html on the CLIENT’s account and create an FTP account in FTP Manager to provide access only to that subfolder for other people; or upload to a password protected subfolder. The account can store as many email addresses as CLIENT’S Plan’s limit will allow.
4.6. Disk Usage and Bandwidth. The disk usage and bandwidth shall not exceed the limit set out per month for the type of service package ordered by the CLIENT. The bandwidth is based on a calendar month and will reset every 1st of each month, regardless of the CLIENT’s billing date. Should the CLIENT decide to require greater bandwidth and disk space, the SERVICE PROVIDER offers hosting upgrades.
The SERVICE PROVIDER shall have the right to take corrective action if it exceeds the limit. The corrective action may include the discontinuance of the services and the CLIENT shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
.DOMAIN REGISTRATION SERVICES
5.1. Acquisition of Domain Name
5.1.1. The SERVICE PROVIDER can acquire a Domain Name on behalf of the CLIENT. However, the SERVICE PROVIDER waives any claims the CLIENT may have or which may arise in relation to the acquisition, registration and use of the acquired Domain Name.
5.1.2. Any expenses incurred by the SERVICE PROVIDER to obtain and maintain the Domain Name shall be charge to the account of the CLIENT, which is separate from the Web Hosting Package. Payments for Domain Name Registration are non-refundable.
5.1.3. Changes in the Domain Name are no longer allowed after the registration is submitted. Hence, the CLIENT is advised to make the necessary corrections and amendments before purchasing the domain name.
5.1.4. The CLIENT has to provide accurate, complete and updated contact information as all billing information and notifications will be sent in the registered e-mail address provided by the CLIENT.
5.2. Transfer of Registration of Domain
5.2.1 Only the Registrant and the Authoritative Holder of the Registration and the Domain, respectively, may initiate a request for transfer of the registration from a particular registrar to the SERVICE PROVIDER or from the SERVICE PROVIDER to another registrar.
5.2.2 For Account Holders who wants to transfer to another hosting provider, it is the sole responsibility of the CLIENT to initiate Domain transfer as the discontinuation of the services releases the SERVICE PROVIDER from any existing liability to the Domain and the CLIENT.
5.2.3 For web hosting CLIENTS with pre-registered Domain names from existing registrars, a one-time transfer fee will be charged. The SERVICE PROVIDER will honor the domain regardless of where and when it was registered. Domain renewal charges will only apply once the existing registration will expire.
5.3. Disclosure and Use of Registration Information
5.3.1 The Internet Corporation for Assigned Names and Numbers (ICANN), the organization that is responsible for Domain Name allocation requires every application for Domain name to provide necessary information in the Registration.
5.3.2 The SERVICE PROVIDER as default uses its company information to display on the “Who Is” Information field on the ICANN. However, the CLIENT can display their information upon their request (e.g. Full Name, Mailing Address, Phone Number, Email Address, Facsimile).
5.3.3 As a precaution though, the SERVICE PROVIDER does not have any control in what manner or for what purpose, the public might use the information on the “Who Is” Information.
5.4. Domain Expiry, Renewal and Redemption
5.4.1 Domain Name Expiry. Domain name extends for one (1) year only. After which it will expire unless renewed. The SERVICE PROVIDER will notify the CLIENT through the e-mail address provided, with instructions on renewing the domain.
5.4.2 Renewal. The CLIENT has fifteen (15) days to renew the Domain from the date of expiry, before the domain gets into redemption period. The SERVICE PROVIDER will send notices to the CLIENT at least two (2) weeks prior to the expiration date. The SERVICE PROVIDER will not be held liable for possible sale or transfer of ownership of expired domain name due to general negligence on the part of the CLIENT.
5.4.3 Redemption Period. The CLIENT can redeem the Domain within a period of thirty (30) days after the renewal period with a separate redemption fee. After the Redemption period, the CLIENT agrees to have abandoned the Domain and relinquishes any and all rights and control that may have had to the Domain to the SERVICE PROVIDER.
5.5. Termination of Domain Account
The SERVICE PROVIDER has the right to deactivate, cancel and/or terminate CLIENT’S Account/Registration that constitutes material breach to the Service Agreement, to wit:
a. Unpaid past due balances which despite the SERVICE PROVIDER’s numerous notifications via e-mail is not settled and paid;
b. Failure to provide proper and accurate information or update information on the Registration and Account details;
c. Failure to promptly respond to inquiries made by the SERVICE PROVIDER to the registered e-mail address of the CLIENT’S administrative, billing or technical contact detail.
6. PAYMENT TERMS
6.1. The CLIENT agrees to pay the amount of ______________________ for the Web Hosting Service Package, which amount shall be paid in advance on a (Monthly, Semi-Annual or Annual) basis.
6.2. All payments should be made through Bank, Paypal, Credit or Debit Card. If the CLIENT pays by credit or debit card, he/she has to provide the SERVICE PROVIDER the billing address and other necessary information to charge the account.
6.3. If the CLIENT fails to pay and settle its account on its due date, no additional charges will apply for a period of six (6) months, after which the non-payment will constitute a ground for terminating the CLIENT’S account.
6.4. It is the responsibility of the CLIENT to inform the SERVICE PROVIDER via e-mail, phone or any other means of communication regarding the transmittal of payment. The SERVICE PROVIDER will no longer be liable in case of interruption of service of CLIENT’S site due to failure of notifying the SERVICE PROVIDER of payments made.
6.5. The charges for Domain Registration, Renewal, Redemption and any other fees are separate and distinct from the Web Hosting Service Package.
6.6. All payments made by the CLIENT to the SERVICE PROVIDER are non-refundable and non-transferable.
6.7. The SERVICE PROVIDER can provide a copy of the Official Receipt as proof of payment, as per CLIENT’S request. The former can scan the copy of the receipt and send it through the registered email address of the CLIENT. However, if the CLIENT wants the original copy of the receipt, it has the option to get it personally at the SERVICE PROVIDER’S office in Mandaue City, Cebu; or it will be sent to the business address of the CLIENT via a courier for a charge of One Hundred Ten Pesos (P110.00).
7.1. After the end of the (Monthly, Semi-Annual or Yearly) term of the CLIENT, the latter can renew for another term by notifying the SERVICE PROVIDER of such intent to renew.
7.2. Once the CLIENT’S account expires, the SERVICE PROVIDER gives a five (5) day extension to allow the CLIENT to settle their unpaid dues. After the five (5) day period and the CLIENT fail to settle, the account will be suspended. The CLIENT can reactivate its account within the suspension period, however, after it will reach ninety (90) days from suspension, the account will be terminated from the system and can no longer be reactivated.
8. NOTICES AND CORRESPONDENCE
8.1 The CLIENT agrees that any Notices to the SERVICE PROVIDER may be made through electronic mail via the customer support e-mail address: email@example.com.
8.2 Any Notices to CLIENT by the SERVICE PROVIDER shall be by electronic mail sent through their Primary Contact as registered in the Order Form.
8.3 For any changes in the primary contact details, the CLIENT has to inform and send the SERVICE PROVIDER a formal notice to that effect.
8.4 Notices are deemed received on the day transmitted, or if that day is not a business day, on the succeeding business day following the day it was transmitted.
9.1. Upon commencement of service, the SERVICE PROVIDER will turn over the administrative username and password to the CLIENT.
9.2. The CLIENT should be responsible and take due care to keep the password and be accountable for the proper use of their account.
9.3. The SERVICE PROVIDER may change the access passwords if the CLIENT’S password is stolen, lost or otherwise compromised or requested by the CLIENT.
9.4. For security purposes, the CLIENT’s password and file permissions may be changed if the SERVICE PROVIDER believes that it compromises server security.
9.5. The SERVICE PROVIDER is not liable for any damages, usage and/or charges incurred due to compromised and/or abused accounts.
9.6. The SERVICE PROVIDER does not access or review email contents or any similarly stored electronic communications except as permitted or required by legal process.
10. SERVICE INTERRUPTIONS
10.1. The CLIENT should be aware that there would be instances of temporary and occasional service interruptions on the web server.
10.2. However, the SERVICE PROVIDER exercises reasonable care, precaution and does immediate action on these service interruptions.
10.3. Notwithstanding, the SERVICE PROVIDER is not responsible and could not be held liable for any data loss and any commercial or monetary damage the CLIENT might incur arising from such service interruptions.
10.4. It is the responsibility of the CLIENT to have a back-up of all their data from time to time to integrate their web content and data.
11. SERVER MAINTENANCE
11.1. The SERVICE PROVIDER conducts routine scheduled maintenance of its Internet Data Centers and emergency maintenance in the event that a critical maintenance situation arises.
11.2. The SERVICE PROVIDER informs the CLIENT through notices in the e-mail of the server maintenance schedule.
11.3. The CLIENT should be aware that in cases of routine scheduled and emergency maintenance, it could not be able to transmit and receive data and access the CLIENT’S equipment. It is the latter’s responsibility to initiate back up prior to the scheduled server maintenance to protect their data.
12. SERVER ABUSE
12.1. The SERVICE PROVIDER reserves the right to shutdown websites that it considers harmful to the server’s performance.
12.2. The following are considered as Server Abuse, but not limited to:
a. MySQL Query Flood
b. Mass email marketing
c. Unsolicited commercial email (Spam)
d. Cross-posting messages to large groups
e. Posting of obscene or threatening messages
f. Referring to the SERVICE PROVIDER’s email address or website URL
12.3. The above-mentioned increases the load on the server and hence, experiences a downtime on the website.
12.4. Thus, the SERVICE PROVIDER will suspend the CLIENT’S account, with these guidelines:
a. 1st Offense: Immediate Temporary Suspension of Account
b. 2nd Offense: Immediate Suspension of Account
c. 3rd Offense: Termination of the Hosting Service
13.1. The SERVICE PROVIDER may suspend the CLIENT’S account on the following grounds:
a. Non-Payment of Hosting Service Package;
b. Inaccurate and Incomplete Information on Domain Registration;
c. Server Abuse (please refer to provision no.12)
d. Request from Government or Judicial authorities; and
e. Any breach and/or violation of this service agreement
13.2. In case of Non-Payment and Inaccurate and Incomplete Information on Domain Registration, there is a grace period of Five (5) days until the account will be suspended.
13.3. For Server Abuse, there is no grace period, the account will be suspended right away to avoid server downtime.
13.4. For Non-Payment, the CLIENT’S domain will be parked on the SERVICE PROVIDER’S server for thirty (30) days, after which, the CLIENT’S account will be terminated.
14.1. By the CLIENT. If the CLIENT decides to terminate the Web Hosting Service prior to the end of the initial term or before renewal, whichever is applicable, the latter can get a refund as a money back guarantee, to wit:
14.1.1. Within the First 30 days. The SERVICE PROVIDER will give a full refund of the service, excluding set-up fees and fees for domain registration, within five (5) banking days from termination. However, refunds do not apply to domain registration, dedicated servers, dedicated IP addresses, SSL certificates or domain registration related fees.
14.1.2. After the First 30 days. The SERVICE PROVIDER will no longer refund any fees paid in advance. The CLIENT will be required to pay 100% of the standard monthly charge for each of the remaining month in the term for pre-terminating the Service Agreement.
14.2. By the SERVICE PROVIDER. If the SERVICE PROVIDER decides to initiate termination of services, it will inform and provide the CLIENT a maximum of Twenty Four (24) hours to access its account to transfer and download any files which may still reside in the server or website.
14.3. In no event shall the SERVICE PROVIDER be held liable for any data loss and for any type of commercial damage, including but not limited to incidental, special or consequential damages which may result from the termination of services.
14.4. If in any case, the SERVICE PROVIDER terminates the services due to violation that resulted in fees and damages, no refunds shall apply and the CLIENT will be held liable for such fees arising from damages incurred.
15. DISCLOSURE RIGHTS
15.1. To comply with applicable laws, abide by the orders from governmental and judicial authorities and ensure the operation and integrity of the business, the SERVICE PROVIDER may disclose and access any information of its CLIENTS, including but not limited to user profiles, usage history, IP address and traffic information and contents residing in the servers and systems.
15.2. The SERVICE PROVIDER also reserves the right to report any suspected activity, that violates laws or regulations, to appropriate enforcement agencies.
16. INTELLECTUAL PROPERTY RIGHTS
17.1. The CLIENT hereby grants to the SERVICE PROVIDER the non-exclusive and royalty-free license within the service period to make use of the content for any purpose it deems necessary.
17.2. The CLIENT also grants to the SERVICE PROVIDER a license to cache content and materials supplied by third parties. The CLIENT further consents that such caching of content is not an infringement to their intellectual property rights.
17.3. Philippine laws on Copyright, Patent, Trademark and other Intellectual Property shall be applied.
18.1. The SERVICE PROVIDER does not warrant that the Service will be uninterrupted or error free. No warranty of any kind, either express or implied, is provided by the latter.
18.2. Furthermore, the SERVICE PROVIDER takes no responsibility and assumes no liability in cases of Data Loss, Server Maintenance, and Service Interruptions on the web server.
18. VENUE IN CASE OF LITIGATION
In the event that litigation is necessary in order to settle any issue arising from this Agreement, the parties agree that the Venue of the litigations shall be in Cebu City, Philippines.
19. SEPARABILITY CLAUSE
Should any of the Terms & Conditions herein set forth be held invalid, the legality and enforceability of the remaining Terms and Conditions shall not in any way be affected or impaired.