PhilCom Web Hosting Service Agreement

Definition of Terms:

In this Service Agreement the subsequent terms shall have these definitions:

  1. "PHILCOM" shall refer to Philcom Corporation, the service provider of Website Hosting and all its associated functions under this Agreement. "Client/Customer" shall refer to the person, business, entity, company or corporation that has subscribed to PHILCOM’s Web Hosting Service or "service" under this Agreement.

    2. Provision Of Service:

  2. PHILCOM shall provide the Hosting service for its Client/Customer’s website, the Service encompasses the upload and visual business of the website in the Internet. This service will not accept hosting of websites with secured pages or pages involving e-commerce functions, or pages containing hostile scripts, viruses, Trojans or programs that may cause actual or potential damage to Philcom servers and networks.

  3. PHILCOM Hosting service is exclusive of Client dial-up connectivity to the web servers. Client has to subscribe separately to PHILCOM Onlink to connect to its website hosted in PHILCOM web servers.

  4. PHILCOM exercises no control over the content of the information passing through its servers, and in so doing makes no warranties of any kind, whether expressed or implied, for the Service it is providing. PHILCOM also disclaims any warranty of merchantability or fitness for a particular purpose. PHILCOM will not be responsible for any damage Client/Customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or Service interruptions, otherwise not attributed to Philcom.

  5. The Service provided by PHILCOM may only be used for lawful purposes. Unauthorized transmission or storage of any information, data, or material in violation of any regulation or law is prohibited. This includes, but is not limited to: Copyrighted materials, materials that have been legally judged threatening or obscene, or materials protected by trade secret. Customer agrees to indemnify and hold harmless PHILCOM, its owner(s) or agent(s) from any claims resulting from the use of the Service that damages Client/Customer or any third party.

  6. Pornography and sex-related merchandising are prohibited on any PHILCOM server. Any violation will cause termination of account, and there shall be no refund for Client/Customer that violates this policy. In all cases, Client/Customer shall be made liable and be charged for the amount of damages caused to PHILCOM and/or to any party executing from violations of prohibitions, spamming, or the sending of unsolicited email, from a PHILCOM server or using an email address that is maintained on a PHILCOM machine is STRICTLY prohibited. PHILCOM will be the sole arbiter as to what constitutes a violation of this provision. The Customer shall solely be liable for any fine imposable by law.

  7. All contents on PHILCOM Internet servers must be related directly to Client/Customer’s web site. PHILCOM Internet disk space is not to be used for storage or backups of any kind. PHILCOM reserves the right to terminate the Customer’s account at any time for any reason deemed appropriate by PHILCOM.

  8. PHILCOM shall have the right to suspend the Service to the Client/Customer at any time, owing to reasons of exigency in nature or circumstances which are force majeure. Client/Customer shall be notified if such a suspension will continue for more than thirty (30) days.

    9. Billing & Payments:
  9. The Customer/Client hereby expressly agrees to pay the amount due upon receipt of the billing invoice. All payments shall be made to any duly authorized PHILCOM representative. Payments not received within thirty (30) day period from due date will automatically incur a monthly 3% penalty charge based on the outstanding balance, over and above the total amount due.

  10. Service is invoiced monthly in advance, and payment is due and payable upon receipt of invoice. All set-up fees are non-refundable once set-up has been completed. All the months prepaid are also non-refundable. Client/Customer is responsible for providing up-to-date payment information. PHILCOM shall not be held responsible should Client/Customer payment information become out-of-date.

  11. Service is guaranteed for 1 quarter (3 months). If Client/Customer wishes to cancel the Service, PHILCOM will do so beginning the 1st month of the next quarter. However PHILCOM is not obligated to refund any or all fees, deposits, or advance payment made for the Service instead the Service will continue until advance payment has been exhausted.

  12. Any complaint regarding the billing shall be communicated to PHILCOM 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. To upgrade or downgrade an account with PHILCOM, Client/Customer shall send an e-mail to webmaster@cdo.philcom.com.ph. Client/Customer shall include its domain name and inform PHILCOM what account type it would like to upgrade/downgrade. A reasonable fee for upgrading or downgrading of account will be imposed.

  14. The Client/Customer undertakes to immediately notify PHILCOM in writing of any change in information furnished to PHILCOM. All notices sent by PHILCOM to the Customer’s address on record shall be binding even if not actually received by the Customer, in the absence of a written notice to PHILCOM of its change in address.

    15. Independent Service Providers:

  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 any Independent Service Providers. It is solely the Client/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 or supporting the Client/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 or supporting the Client/Customer's Internet web site or its associated functions. Client/Customer agrees to read and abide by any and all service agreements produced by any and all Independent Service Providers used in accessing or supporting of its 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 or supporting the Client/Customer's Internet web site or its associated functions.

    18. Miscellaneous:

  18. Neither this Agreement, nor any of the rights or obligations arising herein, shall be transferable by the Client/Customer to any third party without PHILCOM’s prior written consent.

  19. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines

  20. 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.

  21. 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.

  22. 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.

  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.

 

Upon signing below I acknowledge I have read, understood and agreed to any and all statements, definitions, terms and conditions of this Agreement.

Date:

Customer’s Name & Signature:

Company Position:

 

Business Name:

 

 

Date:

PhilCom Representative Name & Signature:

Company Position:

 

 

For inquiries, please call:

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