1. "PHILCOM" shall refer to Internet Value Added Services Group of PhilCom, the Website Developer.

2. "Customer" shall refer to the person, business entity, company or corporation that has contacted PHILCOM for opinions, advice, services, designing or creation of any Internet web site related material, programming scripts, graphics, or services of such nature, on which Customer’s name appears on the Website Development Job Order Form.
3. Independent Service Provider is defined in this Agreement as any person, business entity, company or corporation, other than PHILCOM, used to access, host or support the Customer’s Internet web site or associated web site functions.

Provision of Service:

4. The Service encompasses designing and creation of an Internet website. This Service shall be provided by PHILCOM in accordance with these terms and conditions.
5. Customer shall provide for all the contents and materials that will be shown in the website. Customer agrees to lend to PHILCOM all materials for content.
6. Customer agrees that any and all web site content, layouts, text, logos, programming scripts, graphics and documentation produced by PHILCOM, remains the exclusive property of PHILCOM until such time it is released in writing (issuance of an Acceptance Form) to the Customer's ownership.
7. All website development projects will be provided a schedule within the development cycle of the package, for the following phases; presentation of the First Draft (client will be allowed to view an almost complete execution of the website, for the purpose of soliciting Customer’s comments, suggestions and revisions); presentation of the Second and Final Draft (Customer will again view the project website for final approval), and soft launching of the website in the Internet.
8. Customer acknowledges that any or all Customer requests for major website text layout or graphic additions/removals or substantial modifications after completion and acceptance by the Customer are subject to additional fees.
9. Customer agrees that PHILCOM is not obligated to provide any web site content updates, additions/removals or modifications concerning the website.
10. As part of PHILCOM’s after sales service, technical support or training will be provided to the Customer, for their minor content updates and/or its associated functions.

Billing and Payments:

11. The Customer hereby expressly agrees to pay the amount due upon receipt of the billing invoice. All payments shall be made to PHILCOM authorized representative.
12. Any complaint regarding the billing shall be communicated to PHILCOM authorized representative within forty-eight (48) hours after receipt of billing; if no error is reported within the said period, the billing shall be considered correct and final.
13. The following are the terms of payments for all Website Development Package:

• Initial Deposit (worth 3 page), upon Signing of Website Development Job Order Form

• Completion of the 50% Deposit based on the total amount of the website package, upon presentation of First Draft.
• Full Payment, upon presentation of Second and Final Draft.

14. Customer agrees that PHILCOM is not obligated to refund any or all fees, or deposits, paid to PHILCOM should Customer terminate the request for service, after PHILCOM has agreed to provide the same.

Independent Service Providers & Others:

15. Customer agrees that PHILCOM shall not be liable for any cost or damage arising directly or indirectly from the use of the Services or those provided by any Independent Service Providers. It is solely the Customers responsibility to evaluate the accuracy, completeness, usefulness, quality and merchantability of all opinions, advice, services, products and merchandise provided by PHILCOM or any Independent Service Provider.
16. PHILCOM is not contracted, associated or endorsed by any of the Independent Service Providers used in accessing, hosting or supporting the Customer's Internet web site or associated web site functions.
17. PHILCOM does not and will not provide any type of technical support beyond the basic setup procedure for any Independent Service Provider used in accessing, hosting or supporting the Customer's Internet web site or its associated functions.
18. Customer agrees to read and abide by any and all service agreements produced by any and all Independent Service Providers used in accessing, hosting or supporting the Customer’s Internet web site or web site functions. PHILCOM is not responsible for providing any service agreement documents proposed by Independent Service Providers used in accessing, hosting or supporting the Customer's Internet web site or its associated functions.

Miscellaneous:

19. Neither this Agreement, nor any of the rights or obligations arising herein, shall be transferable by the Customer to any third party without PHILCOM’s prior written consent.
20. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines
21. These terms and conditions may be amended, changed or modified by PHILCOM as the needs or exigencies of the service may require, as determined by PHILCOM.
22. This Agreement supersedes all previous representations, understandings and agreements (whether written, oral or electronic) and shall prevail notwithstanding any variance in the terms or conditions of any orders submitted.
23. In the event that any term, condition, or provision of this Agreement be determined invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions, and provisions which shall continue to be valid to the fullest extent permitted by law.
24. Any and all suits arising out of or in connection with this Agreement shall be commenced and tried in the appropriate courts of Cagayan de Oro City, Republic of the Philippines, to the exclusion of all other courts.

For inquiries, please call:

Phone: +63-88-854-5453
Fax: +63-88-858-0091
e-mail: webmaster@cdo.philcom.com.ph