These are concluded between:
• The Webmaster Philippines Company | webmaster-philippines.com domiciled in Polaris, Makati, Metro Manila, below named “Webmaster Philippines | webmaster-philippines.com”.
• And any natural or legal person, individual or professional, under private or public law wishing to engage in one or more of the services provided by the company Webmaster Philippines | webmaster-philippines.com, and/or other third-party websites hereinafter referred to as the “Client”.
• Together referred to as the “Parties” These General Terms and Conditions of Sale apply to the services provided by the sites: webmaster-philippines.com as well as its subdomains, as well as its subdomains and other third-party websites belonging to Webmaster Philippines.
1.1 - The Customer acknowledges having verified the adequacy of the service, support, subscription or service, together hereinafter referred to as "the service", of Webmaster Philippines | webmaster-philippines.com to its needs and to have received from Webmaster Philippines | webmaster-philippines.com all the information and advice it needed to subscribe to this commitment knowingly.
The purpose of this contract is to define the technical and financial conditions under which Webmaster Philippines | webmaster-philippines.com agrees with the Client. Consequently, the fact of placing an order implies the Customer's full and unreserved acceptance of these general conditions of sale.
The present general conditions of sale supplemented if necessary by particular conditions and/or appendices proposed by Webmaster Philippines | webmaster-philippines.com are applicable, to the exclusion of all other conditions and in particular those of the Customer, to any order by the Customer of Services of the company Webmaster Philippines | webmaster-philippines.com.
1.2 - Services offered by Webmaster Philippines | webmaster-philippines.com for free are also governed by these general conditions of sale.
1.3 - The customer area allows you to view the Services, contracts, subscriptions, invoices, offers, quotes and projects of Webmaster Philippines, contracted by the Customer. The Client must have a valid Client Account (hereinafter the “Account” or “Client Account”). The Client creates his Client Account online on the Webmaster Philippines Website. The Customer provides all the required information (in particular email address, identity, contact details, etc.) and undertakes that all the information thus provided will be accurate and updated throughout the duration of the Contract. When the Client Account is created and used by a person acting in the name and on behalf of the Client, he declares and guarantees to Webmaster Philippines that he has the power and capacity necessary to represent and bind the Client under the conditions provided for in the Contract.
2.1 - Webmaster Philippines offer | webmaster-philippines.com and other third-party websites belonging to Webmaster Philippines consists of services in the form of services, advice or subscriptions in the areas:
• Internet and everything related to the Internet;
• Web marketing and web marketing advice;
• Creation of a showcase website and any other type of website;
• IT development and IT development consulting;
• Web hosting;
• SEO, SEO audit and SEO consulting;
• Domain name management;
• Server maintenance;
• Management of email campaigns;
• Management of email campaign mailing lists;
• Deletion of personal data on the Internet;
• De-indexing and referencing of content present on search engines;
• E-reputation management and monitoring;
• Creation and management of advertisements on the Internet (Google Ads, Facebook Ads, etc.);
• From the sale of virtual products.
3.1 - Webmaster Philippines | webmaster-philippines.com undertakes to take all the care and diligence necessary to provide a quality service in accordance with the practices of the profession and the state of the art. Webmaster Philippines | webmaster-philippines.com only responds to an obligation of means.
3.2 - Webmaster Philippines | webmaster-philippines.com further agrees to:
Make every effort to ensure the permanence, continuity and quality of the services offered. The Client hereby acknowledges that fluctuations in bandwidth and the vagaries of Internet access providers are elements that may cause discontinuity in access to the service offered by Webmaster Philippines | webmaster-philippines.com beyond the control of Webmaster Philippines | webmaster-philippines.com.
If absolutely necessary, Webmaster Philippines | webmaster-philippines.com reserves the right to interrupt access to the Customer's service to carry out a technical intervention in order to improve its operation. Webmaster Philippines | webmaster-philippines.com will then inform the Customer beforehand, as far as possible and within a reasonable time, by informing him of the nature and duration of the intervention, so that the Customer can make his arrangements.
Intervene quickly in the event of an incident under his responsibility.
Ensure that the quality of its own tools is maintained at the highest level.
Make every effort to deliver the service to the Customer in optimal conditions, except in the event of an intervention expressly requested by a competent administrative or judicial authority.
4.1 - The responsibility of Webmaster Philippines | webmaster-philippines.com will not be engaged:
4.1.1 - If the execution of the contract, or of any obligation incumbent on Webmaster Philippines | webmaster-philippines.com hereunder is prevented, limited or disturbed by fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, power failure, war, embargo , law, injunction, request or requirement of any government, strike, boycott withdrawal of authorization from the telecommunications operator, due to a provider of Webmaster Philippines | webmaster-philippines.com (host, ISP, etc.), or other circumstance beyond the reasonable control of Webmaster Philippines | webmaster-philippines.com (“Force Majeure Event”).
So Webmaster Philippines | webmaster-philippines.com, subject to prompt notification to the Customer, shall be released from the performance of its obligations within the limit of this impediment, limitation or inconvenience, and the Customer shall be similarly released from the performance of its obligations insofar as the obligations of this party relate to the performance thus prevented, limited or disturbed, provided that the party thus affected makes its best efforts to avoid or remedy such causes of non-performance and that both parties shall proceed promptly once such causes have ceased or been removed.
The party affected by a Case of Force Majeure must keep the other party regularly informed of the forecasts for the removal or re-establishment of this Case of Force Majeure.
4.1.2 - If the effects of a Case of Force Majeure were to last longer than 30 days, from the notification of the case of force majeure to the other party, the contract may be terminated automatically at the request of either party. or the other party, without any right to compensation on either side.
4.1.3 - Or else due to the Customer, in particular in the following cases:
• Deterioration of the application.
• Misuse of the service by the Customer or its Customers, fault, negligence, omission or failure on its part.
• Non-compliance with the advice given.
• Disclosure of the password given confidentially to the Customer.
• Unlawful use of the password given confidentially to the Client.
• Fault, negligence or omission of a third party on which Webmaster Philippines | webmaster-philippines.com has no power of control or monitoring.
• Request for temporary or permanent interruption of the Service or the Benefit from a competent administrative or judicial authority, or notification from a third party.
• Partial or total destruction of the information, data or service transmitted or stored following errors attributable directly or indirectly to the Client.
4.2 - Webmaster Philippines | webmaster-philippines.com cannot be held responsible for the content of the information, sound, text, images, form elements, accessible data, transmitted or put online by the Customer, in any capacity whatsoever.
4.3 - Webmaster Philippines | webmaster-philippines.com cannot be held responsible for the total or partial non-compliance with an obligation and/or failure of the operators of the transport networks to the Internet world and in particular of its access provider(s).
4.4 - Reparations due by Webmaster Philippines | webmaster-philippines.com in the event of failure of the service resulting from a fault established against it will correspond to the direct, personal and certain damage linked to the failure in question, to the express exclusion of any indirect damage such as, in particular , commercial damage, loss of orders, damage to the brand image, commercial disturbance of any kind, loss of profits or Customers (for example, inappropriate disclosure of confidential information concerning them following a defect or hacking of the system, action of a third party against the Customer, etc.).
4.5 - In any event, the amount of damages that may be charged to Webmaster Philippines | webmaster-philippines.com, if its liability were engaged, will be limited to the amount of the sums actually paid by the Customer to Webmaster Philippines | webmaster-philippines.com for the service considered or invoiced to the Customer by Webmaster Philippines | webmaster-philippines.com or the amount of sums corresponding to the price of the Service for which the responsibility of Webmaster Philippines | webmaster-philippines.com was selected. The lower of these sums will be taken into consideration.
4.6 - Webmaster Philippines | webmaster-philippines.com does not perform any specific backup of the Customer's local data. It is therefore up to the Customer to take all necessary measures to safeguard his data in the event of loss or deterioration of the data entrusted, whatever the cause, including that not expressly referred to herein.
4.7 – In the event of loss of data directly or indirectly due to the customer, the unarchiving of the data concerned by Webmaster Philippines | webmaster-philippines.com is subject to invoicing.
4.8 - The Client acknowledges that nothing herein shall release the Client from the obligation to pay all amounts due to Webmaster Philippines | webmaster-philippines.com for the services provided.
5.1 - The Customer undertakes to have the power, authority and capacity necessary for the conclusion and performance of the obligations provided for herein.
5.2 - Webmaster Philippines | webmaster-philippines.com recommends that the Customer carefully read the following rules. Their purpose is to remind the Customer of the main applicable rules. Despite careful drafting of these rules, Webmaster Philippines | webmaster-philippines.com can not assume any responsibility for the information that is not contained therein. Webmaster Philippines | webmaster-philippines.com therefore strongly advises the Customer to contact an advisor to deal with his particular problem. The Client is responsible for the words and content appearing on its media and which it disseminates through Webmaster Philippines | webmaster-philippines.com.
5.3 - It is specified that the Customer is personally responsible for all legal, regulatory or administrative authorizations necessary for the establishment and operation of the service.
5.4 - It is also specified that the Customer undertakes to respect, within the framework of the operation of the service, the legal and ethical rules that may govern the exercise of his profession, and more generally the use he envisages of the services. In any case, the Customer is responsible for respecting good morals and public order, for respecting Laws and Regulations, in particular with regard to the protection of minors and respect for the human person. He undertakes under the same conditions to respect the rules relating to the protection of personal data and more generally those relating to the rights of third parties, in particular concerning intellectual property rights, as well as the rights relating to information and website content. Webmaster Philippines | webmaster-philippines.com reserves the right to suspend or interrupt all or part of the Services in the event of breaches of these obligations by the Customer.
5.5 - The Customer is fully and exclusively responsible for the passwords required to use his Service. Webmaster Philippines | webmaster-philippines.com disclaims all liability for any illicit or fraudulent use of the passwords made available to the Customer from the date of issue of the invoice(s). The provision of passwords is considered confidential. Any suspicion of disclosure, intentional or not, of the passwords provided, engages the sole responsibility of the Client, excluding that of Webmaster Philippines | webmaster-philippines.com. The Customer alone will bear the consequences of the malfunction of the service resulting from any use by members of its staff or by any person to whom the Customer has provided his password(s). Similarly, the Customer alone bears the consequences of the loss of the aforementioned password(s).
5.6 - Any reissue or unarchiving related to the password(s) may be subject to additional invoicing without this being enforceable against Webmaster Philippines | webmaster-philippines.com.
5.7 - The Customer undertakes to comply with all the legal and regulatory requirements in force, and in particular those relating to computers, files, freedoms and intellectual property, as well as the rights of third parties.
5.8 - The Customer undertakes not to host charming or pornographic, racist or illegal data and those with hypertext links to this type of site. These are absolutely prohibited on Webmaster Philippines Hosting Services | webmaster-philippines.com. Similarly, it is prohibited from hosting any site on pages relating to any proselytism relating to sectarian movements, or considered to represent a sectarian risk for State services, or recognized as such by a court decision. having the authority of res judicata. It also undertakes not to redirect to this type of website.
5.9 - The Customer also undertakes to take out all necessary insurance with a reputably solvent organization to cover all damages attributable to it under this contract or its execution.
5.10 - The Client declares to fully accept all legal obligations arising from the ownership of its services, Webmaster Philippines | webmaster-philippines.com cannot be sought or worried in this regard for any reason whatsoever, in particular in the event of violation of laws or regulations applicable to the Customer's services. Failure by the Customer to comply with the points referred to above and the points referred to in the special conditions, and in particular any activity likely to give rise to civil and/or criminal liability, will entail the right for Webmaster Philippines | webmaster-philippines.com to de-cable and/or interrupt without delay and without prior notice the Services and/or Supports and/or Services of the Customer and to immediately and automatically terminate the contract, without prejudice to the right of all damages to which Webmaster Philippines | webmaster-philippines.com could claim. In these cases, the Customer cannot claim reimbursement from Webmaster Philippines | webmaster-philippines.com of the sums already paid. The Customer undertakes to pay directly to the author of the complaint any sum that the latter may require. In addition, the Client undertakes to intervene at the request of Webmaster Philippines | webmaster-philippines.com to any instance instituted against the latter as well as to guarantee to Webmaster Philippines | webmaster-philippines.com of all the condemnations which would be pronounced against it on this occasion. Consequently, the Customer agrees to make his personal case for any claim and/or procedure whatever the form, the object or the nature which would be formed against Webmaster Philippines | webmaster-philippines.com and which would relate to the obligations incumbent on the Customer under this contract.
5.11 - The Customer, solely responsible for the content of the Service, undertakes to ensure at his own expense the defense of Webmaster Philippines | webmaster-philippines.com in the event that the latter would be the subject of an action for claim, relating to the data, information, messages etc., which it disseminates, and to bear the indemnity due in compensation for the any prejudice suffered, provided that they are free to compromise and conduct the procedure. The Customer undertakes to put in place the safeguards necessary for the sustainability of its activity.
5.12 - The Client undertakes to inform Webmaster Philippines | webmaster-philippines.com within 48 hours of any modification concerning its situation, and within 24 hours of any possible loss of passwords. The Client, for any contact with Webmaster Philippines | webmaster-philippines.com, undertakes to clearly formulate its request, according to the rules of use.
6.1 - The services ordered are mentioned in the order form; they include all taxes unless otherwise indicated and are payable in Philippine Pesos, Euros, American and Canadian Dollars.
6.2 – Webmaster Philippines | webmaster-philippines.com applies fees in the form of monthly or annual packages. Any monthly payment started is due (Split payment included). Webmaster Rates Philippines | webmaster-philippines.com are as follows (excluding additional options), unless specifically mentioned:
- Landing page: 27,000₱ (split payment x2 possible) & 24,300₱ (Full payment with -10%).
This amounts to 2,250₱/month in split payment and 2,025₱/month in full payment.
- Showcase website: 87,000₱ (split payment x2 possible) & 78,300₱ (Full payment with -10%).
This amounts to 7,250₱/month in split payment and 6,525₱/month in full payment.
- Dynamic website: 144,000₱ (split payment x2 possible) & 129,600₱ (Full payment with -10%).
This amounts to 12,000₱/month in split payment and 10,800₱/month in full payment.
Some options can be added to the website, the price may vary depending on the complexity of the integration of the options, because very often they depend on external services.
Concerning the prices in the field of the deletion of personal data referenced on search engines, the prices can vary according to the difficulty and the nature of the mission. It is still necessary to count around 30 euros per URL/content that should be deleted and/or dereferenced.
If documents need to be translated into a language other than English, additional charges may apply.
The prices displayed on the webmaster-philippines.com site are in Philippine Pesos and include all taxes.
6.3 – If, due to the direct or indirect responsibility of the customer, a failure of the latter to fulfill his obligations, an error on his part or any other action incumbent on him, the time granted provided for on the order form to be revised upwards, this supplement may be re-invoiced to the customer without a prior purchase order. Webmaster Philippines | webmaster-philippines.com, as far as possible, will notify the customer before the start of the overtime.
6.4 – In the context of subcontracting on behalf of the client, it is agreed that Webmaster Philippines | webmaster-philippines.com, by default, will not have any direct contact with customers of the Customer of Webmaster Philippines | webmaster-philippines.com. If for lack of skill, time or technicality on the part of the client of Webmaster Philippines | webmaster-philippines.com, Webmaster Philippines | webmaster-philippines.com was led to operate in this way, any intervention will be invoiced by Webmaster Philippines | webmaster-philippines.com to Webmaster Philippines client | webmaster-philippines.com and not to its client. Webmaster Philippines | webmaster-philippines.com, has a commitment only to its own customers.
6.5 – Services ordered from Webmaster Philippines | webmaster-philippines.com are subject to a strict and perfectly planned organization beforehand between Webmaster Philippines | webmaster-philippines.com and the Customer. Any request relating to the intervention of Webmaster Philippines | webmaster-philippines.com will be formulated by the Customer at least two (2) calendar days before the application thereof. Any request that does not comply with this scheme will be considered urgent and may be subject to a 50% increase on the rates mentioned in article 6.2.
6.6 – Webmaster Philippines reachability hours | webmaster-philippines.com are Monday to Sunday 24 hours a day. Webmaster Philippines | webmaster-philippines.com strives to be reachable as best it can. It seems obvious that during a production launch, some corrections, whatever they may be, can be made quickly because they are declared urgent by the Client and Webmaster Philippines | webmaster-philippines.com.
6.7 - The services subscribed are payable within fifteen (15) calendar days from the date of issue of the invoice delivered to the customer by email and/or by post. The methods of payment are stipulated on the invoice.
6.8 - The provision of the Service, occurs within a period determined on the order form and this from the effective payment by the customer of the service under the conditions stipulated on the order form unless otherwise indicated in it, which will be worth for validation of the graphic and/or technical and/or editorial aspects. The effective payment is made when the sums corresponding to the conditions of the order form are credited to the bank account of Webmaster Philippines | webmaster-philippines.com.
6.9 - Webmaster Philippines | webmaster-philippines.com acknowledges receipt without delay to the Customer, of the order form (contract) duly signed electronically and/or stamped with the stamp of the Customer, of the payment, and informs him of the implementation of the service ordered.
6.10 – In fact, the Customer can in no way question the responsibility of Webmaster Philippines | webmaster-philippines.com after agreement on specifications (the order form/invoice can serve as specifications) for the services ordered, in the event that he has omitted to report an error or an oversight.
6.11 - Webmaster Philippines | webmaster-philippines.com reserves the right to modify its prices at any time, subject to informing the Customer by e-mail, fifteen days (15 days) in advance if the new rates excluding taxes are less favorable to the Customer . In this case, the Customer will have from this information a period of fifteen days (15 days) to terminate this contract without penalty. Failing this, the Customer will be deemed to have accepted the new rates. The price changes will be applicable to all contracts and in particular to those in progress.
6.12 - Webmaster Philippines | webmaster-philippines.com reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes, subject to informing the Customer by e-mail, fifteen days (15 days) in advance if the new rates excluding taxes are less favorable to the Customer. In this case, the Customer will have from this information a period of fifteen days (15 days) to terminate this contract without penalty. Otherwise, the Customer will be deemed to have accepted the new rates. The price changes will be applicable to all contracts and in particular to those in progress.
6.13 - The services provided by Webmaster Philippines | webmaster-philippines.com are payable in accordance with the payment terms indicated on the order form/contract. The Client is solely responsible for payment of all sums due under the Webmaster Philippines | webmaster-philippines.com. By express agreement and except postponement requested in time and granted by Webmaster Philippines | webmaster-philippines.com in a particular and written manner, the total or partial failure to pay on the due date of any amount due under the contract will automatically result in:
• The immediate payment of all sums remaining due by the Customer under the contract, regardless of the method of payment provided.
• The suspension of all benefits and / or services in progress, whatever their nature, without prejudice to Webmaster Philippines | webmaster-philippines.com to use the right to terminate the contract.
• The impossibility of subscribing to new services or renewing them.
Any disagreement concerning the invoicing and the nature of the services must be expressed by e-mail to the address [email protected] within a period of fifteen days (15 days) after the order form has been issued. In the event that charges are incurred by Webmaster Philippines | webmaster-philippines.com, the latter will inform the Customer and provide him with the supporting documents and the corresponding invoice. The Customer must then pay the amount due in Philippine Pesos, or Euros, or American or Canadian Dollars.
6.14 - Delivery times are agreed with the customer and will be notified. They will also depend on the responsiveness of the client to provide the elements necessary for the development of the project.
6.15 - Any delivery time is only given as an indication, and its non-observance cannot justify a discount or any compensation, whatever the causes, importance or consequences of the delay. Under no circumstances, Webmaster Philippines | webmaster-philippines.com cannot be held responsible for delays caused by a proven breach by the Customer of its obligations of responsiveness, transmission of elements favoring the performance of the service. The Client will have to meet as many times as necessary with Webmaster Philippines | webmaster-philippines.com for the smooth running of the projects entrusted to it. These exchanges may be physical as far as possible and/or by mail and/or by email and/or by telephone conversation.
6.16 - The duration of the service is that provided for in the order. In the absence of clarification, the service is deemed delivered firmly and definitively on the date of delivery. The date of issue of the invoice being authentic.
6.17 - In the absence of a delivery note, the date of payment of the remaining balance due shall prevail.
6.18 - If, however, neither of the two solutions mentioned in articles 6.13 and 6.14 of these general conditions of sale could be applicable, Webmaster Philippines | webmaster-philippines.com reserves the right to send the Customer a letter (Receipt with acknowledgment of receipt) to notify him of the firm and final delivery of the service. Without proven dispute on the part of the customer, the service will be considered as delivered in a firm and definitive manner.
6.19 - The customer must ensure that the delivery complies with his requirements and carry out all the necessary tests before resorting to the signature (electronic or not) of the delivery note. Webmaster Philippines | webmaster-philippines.com will have no obligation whatsoever after the signature (electronic or not) of the delivery note. Any subsequent modification to the signature (electronic or not) of the delivery note must be the subject of a new order.
6.20 - Webmaster Philippines | webmaster-philippines.com will notify the Customer as far as possible by means of letters addressed to the Customer's billing contact (e-mail address to be kept up to date, under the responsibility of the Customer) before the deadline, the obligation to pay the price for the renewal of the service of the service or support, when this is possible. Any non-payment or irregular payment, that is to say, in particular, of an erroneous amount, or incomplete, or not including the required references, or made by a means or a procedure not accepted by Webmaster Philippines | webmaster-philippines.com, will be purely and simply ignored and will cause rejection by Webmaster Philippines | webmaster-philippines.com of the application for registration or renewal.
6.21 - In the absence of means of payment registered with Webmaster Philippines | webmaster-philippines.com for the payment of the renewal of the service or in case of payment failure, Webmaster Philippines | webmaster-philippines.com will inform the Customer, to the extent possible, of the need to update or communicate its payment information by email and by any other means it deems necessary ten (10) calendar days before the expiration of the subscribed service, it is up to the Customer to provide the necessary information no later than five (5) calendar days before the expiration date of the subscribed Service, Service or media. Webmaster Philippines | webmaster-philippines.com can not be held liable in the event of non-renewal of a service following a payment not honored or not regularized by the Customer.
6.22 - The Customer is expressly informed and accepts that in the event of non-compliance with the preceding provisions, the service will be immediately suspended on its expiry date and a period of 48 hours will be granted to the Customer to recover the data hosted on its Service ( in the context of implementation relating to hosted digital media). At the end of this period, all data will be deleted by Webmaster Philippines | webmaster-philippines.com and the recycled service. Webmaster Philippines | webmaster-philippines.com will archive the data on its servers beyond this period. The unarchiving of this data will be subject to a new invoicing.
7.1 - Each party may terminate the contract automatically and without compensation in the event of force majeure lasting more than thirty days.
7.2 - For a termination before expiry of the contract, the Customer is free to terminate the contract by e-mail from Webmaster Philippines | webmaster-philippines.com. The customer will nevertheless have to pay the amounts to fall due initially contractually.
7.3 - In all other cases of breach by one of the parties to one or other of its obligations under the contract not repaired within 15 calendar days from either an e-mail sent by the complaining party notifying the breaches in question, or any other form of authentic notification sent by the said party, the contract will be terminated automatically, without prejudice to any damages that may be claimed from the defaulting party. The date of notification of the letter containing the breaches in question will be the date of receipt of the acknowledgment of deposit.
7.4 - Webmaster Philippines | webmaster-philippines.com reserves the right to interrupt the Customer's service if it constitutes a danger for the maintenance of the security or the stability of the hosting platform of Webmaster Philippines | webmaster-philippines.com or any other structure that may undermine the integrity of Webmaster Philippines | webmaster-philippines.com. Whenever possible, Webmaster Philippines | webmaster-philippines.com will inform the Customer beforehand.
7.5 - In the event of default or late payment on the part of the customer, including partial payment, the customer is liable for late payment penalties payable the day following the payment deadline, and the interest rate of which is equal to three times the legal interest rate. In addition, any default or late payment (even partial) of the sums due by the Customer in performance of the Contract, persisting for more than (4) four calendar days after notification of default or late payment sent to the Customer by email, automatically entails right and without the need for notification or additional formal notice (a) the immediate payment of all sums remaining due by the Customer under the Contract, regardless of the method of payment provided, and (b) the possibility for Webmaster Philippines immediately and without notice to suspend all or part of the Customer's Services (including those that have been paid for), to refuse any new Order or renewal of Services, and to terminate, automatically, by email, the Contract in whole or in part . In the event of default or late payment, Professional Customers are liable for a lump sum compensation for recovery costs of forty (2,300) Philippine Pesos, without prejudice to the possibility for Webmaster Philippines to request, upon justification, additional compensation when the recovery costs incurred are greater than the amount of the said lump sum indemnity.
7.6 - CONTESTATION. Any disagreement regarding the billing and the nature of the Services must be notified to Webmaster Philippines Customer Service, either through the Customer Management Interface (ticket system) or by Email, within one ( 1) months after issue of the invoice. Failing this, and without prejudice to the possibility for the Customer to subsequently contest the invoicing, the Customer is required to pay the unpaid invoices under the conditions provided for in the Contract. In the event of default in invoicing, Webmaster Philippines is authorized to regularize said invoices within the limits of the rules of limitation in force.
7.7 - As soon as the Customer signs his contract on the Customer space of Webmaster Philippines or on a paper document belonging to Webmaster Philippines, he acknowledges that Webmaster Philippines will proceed to the immediate execution of the service from the validation of his order and as such, he expressly waives his right of withdrawal.
7.8 - The provision of the Service occurs after validation of the payment by Webmaster Philippines and within a maximum period of 7 days from the effective payment of the order form by the Customer. The effective payment is made when the sums corresponding to the Service are definitively credited to the account of Webmaster Philippines. After this period and in the absence of provision of the Service by Webmaster Philippines, the Customer is entitled to request the cancellation of the transaction and the reimbursement of the sums already paid.
8.1 - In the context of so-called "Digital" and/or "Multimedia" media, the Customer hereby acknowledges that fluctuations in bandwidth and the vagaries of access providers and hosts are elements that may lead to a discontinuity in the services offered. by Webmaster Philippines | webmaster-philippines.com, and outside its technical means.
8.2 - Furthermore, the Service is restricted, limited or suspended as of right by Webmaster Philippines | webmaster-philippines.com:
• If it appears that the Customer is using the Service provided to him for an activity, whatever it may be, which does not comply with the service and/or these general conditions of sale.
• In application of the applicable special conditions.
• If Webmaster Philippines | webmaster-philippines.com receives a notice to this effect notified by a competent, administrative, arbitral or judicial authority, in accordance with the appropriate applicable laws, or by a third party.
8.3 - Webmaster Philippines | webmaster-philippines.com reserves the right to check compliance with the conditions of use of the service.
9.1 - The fact that Webmaster Philippines | webmaster-philippines.com does not take advantage at any given time of any of these general conditions of sale and/or tolerates a breach by the other party of any of the obligations referred to in these general conditions cannot be construed as a waiver by Webmaster Philippines | webmaster-philippines.com to subsequently avail itself of any of the said conditions.
10.1 - Each party acknowledges that the negotiation and performance of the contract may lead it to become aware of information specific to the other party. Each party therefore undertakes and stands strong for its staff to comply with the obligation not to communicate to anyone, either directly or indirectly, the information, information or documents (whether or not they bear a confidentiality notice ) collected during the execution of the contract or during exchanges or visits preceding the conclusion of the contract, nor the contract itself. This obligation of confidentiality will survive despite the expiration of the contract until the information in question becomes public knowledge.
11.1 – Webmaster Philippines | webmaster-philippines.com remains the owner of its services. The client declares to have ensured the rights necessary for technical, computer, industrial, literary and artistic property, image rights in all their forms, humanist rights of property to the natural and legal person, etc.
11.2 - Any technical development whatsoever, photographs, texts, slogans, drawings, images, animated sequences with or without sound as well as all works integrated into a service created or legally modified by Webmaster Philippines | webmaster-philippines.com remain its property. Any reproduction, representation, use or modification by the client, by any process whatsoever and on any medium whatsoever, of all or part of a service, without having obtained the prior authorization of Webmaster Philippines | webmaster-philippines.com is strictly prohibited and constitutes an offense of counterfeiting.
11.3 - Generally speaking, Webmaster Philippines | webmaster-philippines.com grants the Customer a strictly personal, non-exclusive and non-transferable right to use the service, any other right being expressly excluded without prior written agreement. These ownership obligations shall survive expiration or termination of the Agreement.
11.4 - These present conditions can only be denounced after written agreement from Webmaster Philippines | webmaster-philippines.com, stating that Webmaster Philippines | webmaster-philippines.com waives its full right of ownership. The initiative of such an approach will be motivated by the Customer.
11.5 - In the case of a request for transfer of rights by the client, a contract may be written and signed by both parties, specifying the detailed terms and conditions for the transfer of rights. For all the services, the contract must specify the separate remuneration due for each mode of operation of the service as well as their duration, even if this remains indefinite.
11.6 – As part of the transfer of full rights to the client, it is agreed that this transfer will only take place after full payment of the fees due to Webmaster Philippines | webmaster-philippines.com.
12.1 - All our services are proofread by us and subject to your verification: in the event of an error or omission, our liability is limited exclusively to the replacement of the element(s) which present(s) a non-conformity. No compensation of any kind whatsoever may be claimed.
12.2 - Under no circumstances shall Webmaster Philippines | webmaster-philippines.com will not bear any costs whatsoever concerning the corrections notified after the validation of the specifications.
12.3 - If however, Webmaster Philippines | webmaster-philippines.com had to make changes to one of its services after the validation of the specifications, Webmaster Philippines | webmaster-philippines.com reserves the right to apply the principle of additional invoicing to the rates provided for in article 6.2.
13.1 - Webmaster Philippines | webmaster-philippines.com may, at events, conferences and specialized publications on the professional markets, avail itself of the services provided to the Client as well as on its commercial documents and/or brochures.
13.2 - The Client agrees not to use the names and logos of Webmaster Philippines | webmaster-philippines.com and its services in a form that would be likely to harm or damage its reputation. In particular, neither the names nor the logos of Webmaster Philippines | webmaster-philippines.com and its services may not be associated, directly or indirectly, with any company, brand, or other representative of a product or service incompatible or competing with the purpose of its services.
14.1 - The invalidity of one of the clauses of the contract for services, services or supports signed with Webmaster Philippines | webmaster-philippines.com, in application in particular of a law, a regulation or following a decision of a competent jurisdiction passed in the force of res judicata will not entail the nullity of the other clauses of the contract of services of services that will retain their full effect and scope. In this case, the parties must, as far as possible, replace the canceled provision with a valid provision corresponding to the spirit and object of the Contractual Conditions.
14.2 - All clauses contrary to those above inserted on the commercial documents of the customers of Webmaster Philippines | webmaster-philippines.com will be considered null and void.
14.3 - Our present conditions will only govern the sales and services of Webmaster Philippines | webmaster-philippines.com.
14.4 - The titles of the articles of the General Conditions of Sale have the sole purpose of facilitating references and do not have, by themselves, a contractual value or a particular meaning.
15.1 - This contract is governed by Philippine law and is subject to the Philippine jurisdictions.
Last updated on 08/17/2021