Terms of Service
(“Agreement”) is between Best Phil Hosting Web Services, organized under the governing laws of the Philippines (referred in this whole document as “Best Phil Hosting Web Services”) and the client (an individual or a company referred to as the “Client”) who avails services and signs the order form (referred here as the “Order”).
Best Phil Hosting Web Services agrees to render the services availed by the Client as described in the Order(s) signed and agreed upon by the two parties (Client and Best Phil Hosting Web Services) to be governed by the following Terms of Service (TOS). The Client’s use of the services provided by Best Phil Hosting Web Services comprises the acceptance and agreement to these Terms Of Service along with the collateral documents. Best Phil Hosting Web Services will perform all possible efforts to provide quality service to the Client.
Best Phil Hosting Web Services accepts that the Client will be provided web hosting services for a monthly/quarterly/semi-annual/annual fee. The web hosting service provided to the Client may be used for business/commercial or personal websites or content.
Subject to the terms of this agreement, Best Phil Hosting Web Services will provide the Web hosting services (referred here as the “Service” or “Services”) which the Client will purchase and pay for according to the service fees specified in the order form for the applicable service description. Client is aware of the service fees and of all applicable charges as per the Agreement. Best Phil Hosting Web Services has the discretion and reserves the right to refuse or terminate service to any individual or company.Best Phil Hosting Web Services also has the right to modify technical specifications applicable to the services.
Activation of account shall commence after the Client has completed payment for the chosen service package. The Client agrees to pay the Monthly/Quarterly/Semi-Annual/Annual fee for hosting services to be rendered. The service term of the Agreement shall begin on the date that the activation of the Client’s account and shall continue for the number of months stated in the Order (referred to as the “Term”). Upon expiration of the Term, services will be terminated and will resume only after the Client places payment for the chosen Service Package.
Best Phil Hosting Web Services only permits the lawful use of its services. Contents, transmissions, storage, presentation of any information, data or material that may violate any Philippine law or laws from other jurisdictions is prohibited. This covers but would not be restricted to: materials that are copyright protected, material protected by trade secrets, threatening or aggressive material, or materials which may contain or imply obscenity and other materials similar in nature. Best Phil Hosting Web Services will be indemnified and be held harmless by the Client from any claims or complaints resulting from the use of the service which may damage the Client or any other party.
Unacceptable Contents or Links are as follows
- Contents that may exhibit or imply violence, pornography, illegal drugs, gambling, scams and any content that may possess malicious intent
- Illegal music or audio files
- Spamming software
- Warez sites
- Hacking programs or archives
- Pirated software
- Proxys or links to proxy websites
Client can make payments either by Bank deposit or Credit Cards. Applicable bank and credit card charges will not be shouldered by Best Phil Hosting Web Services and must be paid by the Client.
Payment of the Initial Service Fee would be required from the Client to activate service. Service Fees are payable within fifteen (15) days after receipt of the invoice. Client’s billing cycle shall be Monthly/Quarterly/Semi Annual/Annual as indicated in the Order, starting on the date the Client’s account has been activated. If the Order provides for credit card billing, the Client authorizes Best Phil Hosting Web Services to bill subsequent fees to the credit card on or after the first day of each successive billing cycle during the Term of this Agreement. For Bank deposit payment option, Best Phil Hosting Web Services will send invoice to Client via auto-generated electronic mail to the Client Contact listed on the Order. Payments must be made in Philippine Peso. Client is responsible for notifying Best Phil Hosting Web Services with changes to billing information (such as credit card expiration, change in billing address.) If Client fails to unsettle bills beyond the due date, an auto-generated electronic mail will be sent as reminder for the unsettled amount. In the event that the payment for the bill is still unsettled fifteen (15) days after the due date, Best Phil Hosting Web Services may temporarily suspend the service. Service will be reinstated only after Client settles unpaid fee from the last bill sent by Best Phil Hosting Web Services. If the payment remains unsettled thirty (30) days past the due date indicated in the invoice, Best Phil Hosting Web Services will automatically terminate the Client’s account without further notice.
Prices of all Service Packages are inclusive of 12% VAT imposed by the government.
In the event Best Phil Hosting Web Services decides to terminate the service, the Client will receive a refund of the remaining unused months of the Client’s subscription. If the Client wishes to terminate the service, Client must send a signed written notice of cancellation through email or send via mail to Best Phil Hosting Web Services’ office address:
|25 J.P. Rizal St. 3rd Floor Sundrel Commercial Building|
|Barangay Sala Cabuyao, Laguna, Philippines|
Kindly include Name, domain name, username, password and reason for canceling account. Notice of cancellation should be sent thirty (30) days before the next billing. Upon receipt of Client’s notice of cancellation, Client’s account will be cancelled within twenty-four (24) hours. Client will still pay for the service fee from the last bill before the notice of cancellation has been received by Best Phil Hosting Web Services.
The Client understands and agrees that Best Phil Hosting Web Services has every right to suspend services to the Client without liability if:
- Best Phil Hosting Web Services has proven that the services are being used in violation of the AUP such as explicit contents mentioned in Section 4 or Contents Section of this TOS;
- Client fails or refuses to cooperate with any reasonable investigation of any suspected violation of the AUP; Best Phil Hosting Web Services deems that the suspension of service is necessary to protect its network or its other clients,
- Overuse of system resources as indicated in Section 16 or System Resources Section of this TOS;
- The Client has payments unsettled fifteen (15) days after the due date or in the event that a law enforcement or regulatory agency has requested for suspension of services to the Client.
The Agreement may be terminated by the Client before the expiration of the Term without liability if Best Phil Hosting Web Services fails to provide the service in accordance with the terms of the Agreement and does not solve the failure within ten (10) days of the Client’s written notice describing the failure in rational detail. The Agreement may be terminated by Best Phil Hosting Web Services before the expiration of the Term without liability as follows:
- Past the thirty (30) days allowance if the Client has overdue payments of any amount;
- The Client is proven to violate any provisions of the Agreement, including the AUP, and fails to explain and amend the violation within thirty (30) days upon receipt of a written notice from Best Phil Hosting Web Services describing the violation in detail;
- Upon receipt of notice if the Client’s service is proven to be used in violation of a in the AUP more than once, or
- Upon receipt of notice informing the Client on the violation of Section 9 (Client Information) of this Agreement
Only the unused portion of the Client’s subscription will be refunded by Best Phil Hosting Web Services in the event that any of the following may occur:
The Client may cancel subscription at any time and will receive full refund only if cancellation is made within thirty (30) days after the account subscription date. This refund is only applicable to the packages pre-created by Best Phil Hosting Web Services. The Client may cancel for any reason. However, refunds are not applicable for account renewal, domain registration or if the account has been proven to have violated any of the terms in this TOS. If the Client wishes to cancel subscription after the thirty (30) day money-back guarantee period, Best Phil Hosting Web Services will not give a full, instead Best Phil Hosting Web Services will only refund the unused portion of the Client’s subscription.
The Client understands and agrees that Best Phil Hosting Web Services has the right, without notifying the Client, to report to proper authorities any conduct by the Client or any of the Client’s end users that Best Phil Hosting Web Services proves to be in violation of applicable laws, and present any information that Best Phil Hosting Web Services has about the Client or any of the Client’s end users in compliance to a formal or informal request from law enforcement or regulatory agencies or in response to a formal request in a civil action that meets the requirements for such a request.
The Client represents and guarantees to Best Phil Hosting Web Services that the information provided and will provide for purposes of establishing and maintaining the service is true and correct. If Client is an individual, Client represents and guarantees to Best Phil Hosting Web Services that Client is at least 18 years of age. Best Phil Hosting Web Services would refer on the Contact information provided by the Client on his account, the Client may change his Contact information by logging-in to his account.
The Client understands and agrees to use the service in compliance with applicable laws and Best Phil Hosting Web Services’ Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. The Client also understands and agrees that Best Phil Hosting Web Services may amend the AUP as needed to further describe in detail reasonable restrictions and conditions on the Client’s use of the Services. Amendments to the AUP are effective upon the Client’s receipt of the notification that amendment has been made. The Client would comply with Best Phil Hosting Web Services’ reasonable investigation if violation of the AUP is suspected. Client’s account will be suspended if any violation of the AUP will be proven. In the event of a dispute between Best Phil Hosting Web Services and Client regarding the interpretation of the AUP, Best Phil Hosting Web Services’ reasonable interpretation of the AUP shall prevail.
The Client agrees to indemnify and not hold responsible Best Phil Hosting Web Services along with Best Phil Hosting Web Services’ affiliates, partners and each of their respective officers, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, penalizing damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any legal liability arising out of or related to the actual or alleged use of the Client’s services in violation of applicable law or the AUP by the Client or any person using the Client’s log on information, regardless of whether such person has been authorized to use the services by the Client.
Best Phil Hosting Web Services shall not be liable under any circumstances to the CLIENT or any person claiming the through the CLIENT for any direct, indirect, incidental, special or consequential damages, punitive or exemplary damages, or any loss of profits, loss of revenue loss of use, or loss of data resulting from the use of Best Phil Hosting Web Services’ services by the CLIENT or any third parties regardless of the form of action or speculation of liability or any loss of data resulting from delays, non deliveries, misdeliviries service interruptions.
Best Phil Hosting Web Services provides the services and products “AS IS” without any warranty whether expressed or implied. Best Phil Hosting Web Services 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. The CLIENT shall be solely responsible for the selection, use, and suitability of the services and Best Phil Hosting Web Services shall have no liability whatsoever.
To the maximum extent permitted by law, Best Phil Hosting Web Services disclaims all warranties, representations or other endorsements, expressed or implied, with regards to the information accessed from, or through, this service, the systems which provide the service and the internet. Best Phil Hosting Web Services will not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed through its services, its systems, its network, or the internet.
Best Phil Hosting Web Services will not be liable to the CLIENT for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the CLIENT has been advised or should be aware of the possibility of such damages. Notwithstanding any thing else in the agreement to the contrary, the maximum aggregate liability Best Phil Hosting Web Services any of its employees, agents, partners or affiliates, under any theory of law shall be a payment of money not exceeding the amount payable by the CLIENT for one month of service.
Best Phil Hosting Web Services takes pride not only in providing excellent service to clients but also on its courteous and professional staff and in return, Clients are expected to treat Best Phil Hosting Web Services’ staff with the same courtesy and professionalism. In the event that one of Best Phil Hosting Web Services’ staff may experience consistent abusive content toward Best Phil Hosting Web Services’ staff or address Best Phil Hosting Web Services’ staff in an unacceptable manner from the Client, the Client’s account(s) may be suspended or terminated. Termination of Service for Clients proven to be abusive in conduct will be given five (5) days’ notice to find a new Web host. Best Phil Hosting Web Services will issue a refund only for the unused portion of pre-paid service and not on the previous payments made by the Client.
Abusive conduct would include but would not be limited to the following behaviors: (1) Repeatedly addressing Best Phil Hosting Web Services’ staff in a demeaning or rude manner; (2) Using profanity in any oral or written communications with Best Phil Hosting Web Services’ 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; (3) Yelling or shouting at Best Phil Hosting Web Services’ staff; (4) Insulting Best Phil Hosting Web Services’ staff because of personal characteristics, or on the basis of race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or (5) Deliberately providing false information to Best Phil Hosting Web Services’ staff for the purpose of harassment or wasting time.
Best Phil Hosting Web Services strictly prohibits any attempts to or acts of libel, slander, threat, undermining, or any manner that may cause harm to Best Phil Hosting Web Services’ server, its clients, any of its employees or the directly to Best Phil Hosting Web Services. If the Client is proven to have committed such abuse, Best Phil Hosting Web Services will immediately terminate the services provided to the Client without refund. Best Phil Hosting Web Services will also ensure that violators will be accountable to applicable laws.
The Client must be aware and must always take into consideration that system resources are limited. System resources generally refer to the CPU RAM used by softwares and the Client’s websites.
Clients of Best Phil Hosting Web Services are limited to two percent (2%) system resource usage. This means that a maximum of two percent (2%) of the total system resources is allotted to a single client. This allocation policy applies to all of Best Phil Hosting Web Services’ clients. In any event that the Client exceeds the limits of the system resources allocated by Best Phil Hosting Web Services, a warning will be sent via electronic mail will be sent to the Client.
The Client will be given a maximum of twenty-four hours (24 hours) to decrease use of system resources and if the Client refuses or fails to resolve the situation Best Phil Hosting Web Services will temporarily suspend the Client’s account. This policy is written to ensure quality of Best Phil Hosting Web Services’ web hosting services to all its clients and to avoid any abuse of the services offered by Best Phil Hosting Web Services.
Best Phil Hosting Web Services will not guarantee in any manner or provide any sort of technical support for free third-party web application available in CPanel, Fantastico and Plesk control panel such as Forums, Blogs, Cart, etc.
The Client understands, agrees and entirely responsible maintain it's own back up. Best Phil Hosting Web Services is not responsible, for the management and backup of all client's data, and all updates, upgrades, and patches to any software that client use in connection with Best Phil Hosting Web Services. We strongly recommend that you always backup your account to keep copies of your data off-site with you for emergency purposes.
Best Phil Hosting Web Services will charge a one-time fee of P500 for account restoration.
Notices to Best Phil Hosting Web Services under the Agreement will be sent via electronic mail to the e-mail address posted for customer support on http://bestphilhosting.com/
Notices to the Client will be given via electronic mail to the individual listed as the Primary Client Contact on the Order. Notices are assumed to be received by the Client on the day Best Phil Hosting Web Services has transmitted the notice, or on the first business day following the non-business day the notice has been sent. Notice address may be changed by the Client by a notice given in accordance with this Section.
Best Phil Hosting Web Services will not and shall not be held liable or deemed to be liable 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 Best Phil Hosting Web Services.
This Agreement comprises the entire agreement between the Client and Best Phil Hosting Web Services, superseding any previous agreements between the Client and Best Phil Hosting Web Services. The Client agrees to comply with any additional terms and conditions set by Best Phil Hosting Web Services which Best Phil Hosting Web Services will send the Client notifications from time to time.In no manner shall the contents of this Agreement will be modified orally or without the knowledge and consent of Best Phil Hosting Web Services.
Best Phil Hosting Web Services and the Client understands and agrees to retain exclusive ownership and rights in trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither Best Phil Hosting Web Services nor the Client may use the name or trade mark without the written consent of Best Phil Hosting Web Services or the Client. The business relationship between Best Phil Hosting Web Services and the Client is in the nature of independent contractors and not a partnership, joint venture, or employer/employee and the Client cannot represent itself as an agent of Best Phil Hosting Web Services and Best Phil Hosting Web Services in turn cannot represent itself as an agent of the Client. This Agreement may be amended only by a formal written agreement signed by Best Phil Hosting Web Services and the Client.
’written consent. Best Phil Hosting Web Services may assign the Agreement in whole or in part.
’website at any time for any reason without notice.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between Best Phil Hosting Web Services and the Client superseding and replacing any understanding or communication, written or oral prior to this Agreement