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Terms of Service (TOS)
A. Agreement for Services
1. Web_Media Solutions & Services Inc. will provide, and Customer will purchase and pay for, the hosting services (the “Service” or “Services”), according to the service fees specified in the online order form (“Order Form”) for the applicable Service Description. Customer acknowledges that the service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreements. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in the TOS.
2. Web_Media Solutions & Services Inc. reserves the right to refuse or discontinue service to anyone at its sole discretion.
3. Web_Media Solutions & Services Inc. may modify technical specifications applicable to the Services so long as such medications do not result in any significant changes to the features and functionalities of the Services.
Customer agrees to be bound by the service term selected on the Order Form or via applicable promotional codes that may require Customer to order Web_Media Solutions & Services Inc.'s Service for a certain minimum period of time (“Term”). Customer agrees to pay, in advance for a one year service term, for hosting and domain registration services to be rendered.
1. Establishment and provision of Service is contingent upon receipt of payment from Customer to Web_Media Solutions & Services Inc.. Customer must pay in full for the Services before Web_Media Solutions & Services Inc. shall begin to provide the Services to Customer.
2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
3. Customer agrees to pay all taxes applicable to the account, and agrees to a no-refund policy, as provided in Clause F below.
4. Renewal notice/Invoice shall be sent to the Customer five (5) days before the expiration of the Term.
5. Unless otherwise expressly provided, all monetary amounts to which the Agreements refer shall be in Philippine Pesos.
6. Web_Media Solutions & Services Inc. payment modes are bank deposit, checks and cash paid in our office. Read http://www.webmediasolutionsinc.com.ph/payment_method.php for details.
D. Delinquent Accounts
1. Failure to pay Invoices due on Hosting Plans and Domain Registrations shall result to the suspension of the Service three (5) days after the due date, and then termination five (5) days after the due date.
2. Web_Media Solutions & Services Inc. is not and shall not responsible for data integrity for any accounts that are suspended, interrupted, disconnected or terminated for non-payment of Services.
3. The termination or suspension of the Service shall not relieve you of responsibility for the payment of all accrued service fees, and any collection fees to which Web_Media Solutions & Services Inc. may be entitled under the Agreements or under applicable law. Overdue amounts may be turned over to an external agency for collection, in which case you agree to pay to Web_Media Solutions & Services Inc. a “Processing and Collection” Fee of not less than One Thousand Pesos (Php 1,000.00) or more than Five Thousand Pesos (Php 5,000.00). Returned checks shall be charged a service fee of Php 1,000.00
E. Account Cancellation
1. Customers may voluntarily cancel their account at any time, with or without any reasons, subject to the following: a. Website Packages and Website Hosting Plans. Request for cancellation can be sent anytime to firstname.lastname@example.org. 2. You understand and agree that Web_Media Solutions & Services Inc. does not provide any refunds, pro-rated or otherwise, in connection with cancellations, pursuant to Clause F below. No more charges shall be billed to the account upon cancellation. However, cancellations made on or after the renewal date shall be subject to renewal fees.
F. Refunds and 30-Day Guarantee
1. Except as explicitly provided in this section, all payments to Web_Media Solutions & Services Inc., including, but not limited to, setup fees and annual fees regardless of usage, are non-refundable.
2. Without waiving any of its other rights under the Agreements, Web_Media Solutions & Services Inc. offers to its Customers a one-time 30-day money-back guarantee (“30-Day Guarantee”) ONLY on fees for hosting services, but NOT including any of the following fees: (a) Setup fees; (b) Fees for domain name registrations; (c) Fees charged for exceeding your allotted disk storage space or bandwidth; (d) SSL certificate fees; (e) Web design fees; (f) Web site marketing fees; (g) Any add-on services, features, software; and (h) Any other fees for services involving a third party. You may not transfer or assign the 30-Day Guarantee to any third party.
3. You are entitled to a maximum of one (1) 30-Day Guarantee. The 30-Day Guarantee applies only to your first order of Web hosting services from Web_Media Solutions & Services Inc., Inc. Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan do NOT make you eligible for an additional 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, whether or not in relation to your existing account, your existing account will be canceled, but no money will be refunded to you.
4. The 30-Day Guarantee may be availed by the cancellation of account within thirty (30) days from the start of the Term, by sending a cancellation request email to email@example.com, as provided in Clause E above. If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without our prior express written approval.
5. You will not be eligible for the 30-Day Guarantee if you violate any of the provisions of the Agreements. You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions: a. Creating multiple accounts, using the same customer name or different customer names; b. Canceling your account for the sole purpose of obtaining a refund and then registering for a new account; c. Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions; d. Knowingly providing false or misleading information when you register for your account; or e. Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
G. Violation of Laws
1. Customer represents and warrants to Web_Media Solutions & Services Inc. that it has complied, and will comply, with all applicable laws and regulations, of any applicable jurisdiction, including but not limited to the Philippines and the United States of America, and that each party has not engaged in, and shall not engage in, any illegal or improper action, and has not made, and shall not make, any improper payment to influence or effectuate any contracts regarding the Services and/or the Agreements.
2. Customer agrees not to engage in any activity that violates any international or local laws applicable to the Services described in the Agreements. Web_Media Solutions & Services Inc. reserves the right to discontinue the provision of Services to any Customer that it deems, in its sole discretion and/or upon notice by the proper party or government authority, to have violated any conditions of the Agreements or applicable laws. Web_Media Solutions & Services Inc. will cooperate with all law enforcement agencies in relation to alleged violations of laws.
H. Back-ups and Maintenance
1. Customers are responsible for maintaining their own set of back-up files. Nevertheless, Web_Media Solutions & Services Inc. does back-up hosted accounts daily, but these back-ups are intended solely for Web_Media Solutions & Services Inc.'s administrative purposes.
In the event that you need to recover data from a back-up, Web_Media Solutions & Services Inc. will use reasonable efforts to restore data to your account from the appropriate back-up. However, this service is not intended to replace or substitute for your own set of back-ups. Web_Media Solutions & Services Inc. does not guarantee the availability, completeness, currency or integrity of its back-up files. You understand and agree that Web_Media Solutions & Services Inc.'s back-up policy does not create, and Web_Media Solutions & Services Inc. diclaims, any warranties, expressed or implied, for which Web_Media Solutions & Services Inc. can be held liable.
Web_Media Solutions & Services Inc. does not provide compensation of any kind for lost, inaccurate, incomplete, or outdated data in the event that Web_Media Solutions & Services Inc. back-ups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Web_Media Solutions & Services Inc. or any of its employees or agents, and regardless of whether Web_Media Solutions & Services Inc. had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
Web_Media Solutions & Services Inc. does not provide back-up on Virtual Servers, Dedicated Servers and Colocated Servers and back-up responsibility entirely rests on the Customter.
2. Web_Media Solutions & Services Inc. may, at its sole discretion, suspend the Services in cases of network or equipment modification, preventive or emergency maintenance, or as may be required under the circumstances or applicable law.
Customer agrees to defend, indemnify and hold harmless Web_Media Solutions & Services Inc., its parents, subsidiaries, officers, employees, agents, successors or assigns, against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which we may become subject and which Losses arise out of, or relate to the Agreements or Customer’s use of the Services, and to reimburse us for all legal and other expenses, including reasonable attorneys’ fees we incur in connection with investigating, defending, or settling any Losses whether or not in connection with pending or threatened litigation in which we are made a party.
J. Limitations of Liability / Disclaimer
1. Web_Media Solutions & Services Inc. shall not be liable under any circumstances to you or any person claiming through you or any direct, indirect, incidental, special or consequential damages, punitive or exemplary damages, or for any loss of profits, loss of revenue, loss of use, or loss of data resulting from the use of Web_Media Solutions & Services Inc.'s services by customer or third parties, regardless of the form of action or theory of liability, or any loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions.
2. Web_Media Solutions & Services Inc. provides the services and products as is, without warranty of any kind, whether expressed or implied. Web_Media Solutions & Services Inc. disclaims all warranties of non-infringement of any third party rights, and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Customer shall be solely responsible for the selection, use, and suitability of the services and Web_Media Solutions & Services Inc. shall have no liability thereof.
3. To the maximum extent permitted by law, Web_Media Solutions & Services Inc. disclaims all warranties, representations or other endorsements, expressed or implied, with regard to the information accessed from, or through, this services, the systems which provide it and the Internet. Web_Media Solutions & Services Inc. does not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed through its services, its systems, its networks, or the Internet.
K. Force Majeure
Web_Media Solutions & Services Inc. shall not be liable or deemed to be in default for any delay or failure in performance of its obligations under the Agreements or other documents, or interruption of Service resulting directly or indirectly from acts of God, civil or military authority, any law, order proclamation, regulation, ordinance, demand or requirement of any governmental authority, acts of public enemy, war, terrorism, riot, civil disturbance, insurrection or other violence, explosion or other casualty or accident, fire, explosion, earthquake, flood, the elements, strike or labor dispute, shortage of suitable parts, materials, labor or transportation, magnetic interference, interruption of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Web_Media Solutions & Services Inc..
L. Abuse of Web_Media Solutions & Services Inc. Staff or Support Personnel
1. Web_Media Solutions & Services Inc. takes pride in providing excellent service to all its Customers. It is our policy to treat our Customers with the highest level of respect and courtesy, and, in return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate the Service for abusive conduct, customers will be given five (5) days’ notice to find a new service provider and no refund will be given.
2. Abusive conduct includes, but is not limited to, the following behaviors: (a) Repeatedly addressing members of our staff in a demeaning or rude manner; (b) Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication; (c) Yelling or shouting at our staff; (d) Deliberately using all capital (uppercase) letters in any written communication to our staff; (e) Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or (f) Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
M. No Waiver of Rights by Web_Media Solutions & Services Inc.
No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to Web_Media Solutions & Services Inc. under the Agreements shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein; nor shall the action of Web_Media Solutions & Services Inc. in respect of such default or circumstance, or any acquiescence by it thereto, affect or impair any right, power or remedy of Web_Media Solutions & Services Inc. in respect of any other default or circumstance, whether similar or not.
N. Governing Law
The Agreements shall be governed by and construed in accordance with the laws of the Philippines, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
1. From Web_Media Solutions & Services Inc. to Customer. Web_Media Solutions & Services Inc. will notify you by e-mail of any notices that Web_Media Solutions & Services Inc. is required to provide to you under this Agreement, at the most current e-mail address you have provided to Web_Media Solutions & Services Inc.. By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Web_Media Solutions & Services Inc. has your most current e-mail address, and Web_Media Solutions & Services Inc. shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Web_Media Solutions & Services Inc. sends to the most current email address you have provided to Web_Media Solutions & Services Inc..
2. From Customer to Web_Media Solutions & Services Inc.. Unless otherwise specified in this Agreement, notices to Web_Media Solutions & Services Inc. shall be sent to the following email:
Sales & Billing Dept: firstname.lastname@example.org
Technical Support Dept: email@example.com
P. Entire Agreement
1. The Agreements comprises the entire agreement between you and Web_Media Solutions & Services Inc., and supersedes any prior or previous agreements between you and Web_Media Solutions & Services Inc. with respect to the subject matter of the Agreements; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Web_Media Solutions & Services Inc. notifies you from time to time, pursuant to the Agreements.
2. The Agreements may not be modified orally.
Customer shall not assign or attempt to assign its obligations under the Agreements without Web_Media Solutions & Services Inc.'s prior and express written consent to such assignment. Web_Media Solutions & Services Inc. may assign any or all of its rights and obligations under the Agreements at any time without prior notice to or consent of Customer.
R. Arbitration and Venue
1. Any controversy or claim arising out of or relating to the Agreements or any breach thereof in excess of PhP 15,000.00 shall be settled by arbitration in any competent courts of Quezon City, Philippines.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
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