TERMS of Service and Agreement
1. TAXES
Prices quoted are subject to 12% Value Added Tax (VAT) Applicable to Philippines Clients Only.
2. Billing and Payment
1. Fees- Fees due to MSWEB Network Solutions Company for its Web and Email Hosting services will be the responsibility of the customer. Not withstanding that the customer disputes the same for any reason.
In the event of late payment by the customer of any amount due, MSWEB Network Solutions Company shall have the right to charge on the outstanding amount at the rate of 3% per month from the due date until the date of full payment.
2. Billing- MSWEB Network Solutions Company will send the subscriber bills thru Electronic Mail for services at regular intervals. The subscriber may request, at any time, information of his outstanding balance through billing@marvinsweb.net. or via telephone number 5235330
3. Payment- Subscription fees and all other charges shall be payable on or with such period of time as stated in the billing statement(s) issued by MSWEB Network Solutions Company to the subscriber. Cash and/or check payment(s) shall be remitted to name Banks inclusive in the billing statement and must be made in favor of MSWEB Network Solutions Company. The Subscribers shall pay for his/her services charges and fees and any balance left thereafter to service fees and traffic charges on or before regular date (the Regular Due Date). MSWEB Network Solution Company shall inform the Subscriber of his regular due date in the first bill, it shall be the responsibility of the Subscriber to know his/her outstanding balance and effect payment, without need of further demand, on or before the Regular Due Date.
3. Changes in Billing Address/Billing Email Address
The Subscriber must inform the MSWEB Networks Solution Company in writing, of any changes in billing address.
4. Non-payment
MSWEB Network Solutions Company may suspend, redirect, and temporarily or permanently discontinue the service of any subscriber for failure to pay any amount due to MSWEB Network Solutions Company on or before Due Date. Such suspensions, redirection or disconnection shall be without prejudice to any action available to MSWEB Network Solution Company under other portions of this Agreement or in law equity in order to recover all sums due and damages suffered by MSWEB Network Solution Company for such non-payment.
5. Account Delinquency
MSWEB Network Solutions Company reserves the right to suspend/deactivate a server/website offline as soon as it is past due. Payment for the service is due on the first day of the billing cycle. Please email billing@marvinsweb.net if you are uncertain as to what your billing cycle is. Once a Server/website is delinquent and has been suspended/deactivated, there will be a $15 (USD) reactivation charge to unsuspend/activate the server/website online. Once a server/website has been suspended/deactivated for more than 7 days, MSWEB Network Solutions Company reserves the right to reuse the server/space for another customer. If, at this point, the customer wishes to be re-setup, they will be responsible for paying a $50 (USD) reactivation fee and will not have any of their old data backed up.
6. Term, Renewal, Suspension, Pre-Termination and Termination:
The minimum sign-up period for all packages (Starter, Silver, Gold, Platinum, Windows Shared - WinMini, WinStart, WinSilver, WinGold, VPS and Dedicated Server) is one (1) year from the date of activation. This is subject to automatic renewal (with a minimum period of one (1) year) every year thereafter unless the account is terminated in writing at least 30 days before the expiration date. Requests received from 1st day to the 25th of the month, effectivity date of termination will be end of current month. Requests received from 26th until the end of the month, effectivity date of termination will be end of succeeding month.
In case of pre-termination, an administrative fee equivalent to the monthly fee for the balance of the 12 month period will be added in the last billing unless the reason for pre-termination is directly attributed to MSWEB Network Solutions Company.
In the event of termination, without prejudice to any other remedies available to MSWEB Network Solution Company, the customer shall be liable for all fees up to the date of termination. The amounts payable by the customer upon termination shall be payable within thirty (30) days of the relevant date of termination.
For non-payment, MSWEB Network Solutions Company reserves the right to temporarily suspend the service to the customer with prior written notice.
7. Free Domain Policy
Free domain on annual payment remains free as long as it is hosted with MSWEB Network. If the client decides to transfer the domain's DNS or to a different registrar, the client will settle the domain fee equievalent to the domain tenure with MSWEB Network. This should cover the domain registration expenses we provided for free. Otherwise the domain will remain to the client's name as long as the client uses the company's hosting service and pay the hosting service annually.
8. Reconnection
A set reconnection fee of $15 (USD) shall be charged by MSWEB Network Solutions Company for disconnected account. Further, all outstanding amounts due from the customer shall all be demanded prior to reconnection. MSWEB Network Solutions Company shall effect reconnection one (1) to two (2) working day upon settlement of subjects’ amounts.
9. Credit allowance for Service Interruption
The National telecommunications Commission (NTC) allows 48-hours period in which to resolve outages or service interruptions that the users’ reports without the grant of an interruption allowance. Rebates equivalent to total computed amount will be credited to subscriber starting 48 hours after each day that the facility remains unoperational. Credit will not be granted in cases where the interruption is directly attributable to equipment supplied or installed by the customers or other factors(s), which are beyond MSWEB Network Solutions Company’s fault or negligence.
10. Upgrade/Downgrade
For any upgrade/downgrade, a written notice from the customer shall be required. All requests will take effect on the 1st day of the succeeding month.
On downgrades, the first request is free. For succeeding downgrades, an administrative fee of $15 (USD) (exclusive of 12% VAT) will be charge to the customer.
11. Internet Connection and Installation/Email Setup
MSWEB Network does not cover the customer’s internet connection set up as well as related tasks concerning the said service. All equipments/Software necessary to make connection such as but not limited to routers, hubs, modems, telephone lines (including leased lines), computers, internal cablings, fees for Systems Interrogators/Solution Provider, etc. shall be for account of the customer.
The customer will also be responsible for the set-up or configuration and maintenance of its equipment for access to the internet.
MSWEB Network Solutions Company shall provide free of charge installation support and configuration of the company’s email accounts related to the Email hosting service provided by MSWEB Network Solutions Company. Installation of other applications will be the responsibility of the customer.
12. Email
MSWEB Network Solution Company shall not be liable when subscribers receive harassment in all forums thru the Internet, such as unsolicited/bulk mail, including “Junk Mail” or other advertising materials to individuals who did not specifically request such material or so called “e-mail Spam” Malicious emails, chain letters, fraud bank, or pyramid schemes whether the recipient requested it or not and other events arising from the said materials are not the responsibility of MSWEB Network Solutions Company.
13. Newsletter, Mass Mailer or Commercial Spamming
Customers may not send Usenet spams (i.e. publicizing their site in a large number of newsgroups that are irrelevant to the topic of the site). or distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail ("SPAM"). Customers should not send forged email to conduct any illegal activities. Customers are also prohibited to employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; you may not use our hosting services to send SPAM.
14. Security
The customer will be solely responsible for the web mail access and email accounts issued by MSWEB Networks Solutions Company. The customer should take all measures as may be necessary to protect the secrecy of the USER ID and/or password and shall not reveal the same to any person(s).
15. Confidentiality
The customer hereby agrees to maintain confidential all information relevant to the provisioning of the Web Hosting and Email services and not to disclose to anybody any provisions of the Terms and Conditions for the duration of the agreement. MSWEB Network Solutions Company reserves the right to amend this Agreement at any tie with our without prior notice including a change in the rates and other value-added services or special features.
16. Customer Contact Responsibility
It is the customers responsibility to keep their contact information up to date. And use a contact email address that is not associated on their domain name that is hosted with us, or email accounts hosted on their web server. It is always suggested that clients have emergency accounts with a yahoo or hotmail system. This will also ensure that when you submit a support ticket that you will be able to get a reply.
17. Customer Responsibility for Backups
The customer is responsible for maintaining a backup copy of customer's files elsewhere to ensure recovery in the event of loss or damage to customer's files. At customer request MSWEB Network Solutions Company may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of MSWEB Network Solutions Company, MSWEB Network Solutions Company will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer's negligence of securing their account, MSWEB Network Solutions Company will attempt to recover the files from their most recent archives. Although we do create excellent backups of your data, please do not completely rely on us. There are unlikely situations where we could not be able to reproduce a backup after multiple system failures. IT DOES NOT MAKE SENSE TO STORE ALL OF YOUR DATA ON OUR SERVERS. Please store a copy of your critical data on a computer you are local to.
18. Separability
If any provision of this agreement is contrary to any applicable law or regulation, all other provisions of this agreement will, notwithstanding, continue in full force and effect.
19. Law and Venue Applicable
This agreement shall be governed and interpreted in accordance with Philippine laws. In the event of a lawsuit, venue shall be exclusively be in the trial courts of the City of Manila. The inclusion of twenty percent (20%) of the amount due and collectibles as liquidated damages. 25% by way of attorney's fees and the cost of the suit shall be imposed on the party at fault.
20. Notices
All notices provided for herein (other than routine communications concerning the services to be provided hereunder) must be in writing and shall be effective when receive by other party.
Notes:
* We do NOT allow IRC activity of any kind on our network. This is to protect the rest of our network and clients. Torrent or "Bit Torrent" activity of any type or kind is strictly prohibited. We also do not tolerate phishing and Spamming activities..
* These Terms of Service have been updated as of: November 20, 2008
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