The availability, use and provision of website development and related services (“Service”), as well as any related software, content or equipment provided by NOW CORPORATION thru WebsiteExpress (hereinafter referred to as “WebsiteExpress”) shall be subject to the Terms and Conditions stated herein and in WebsiteExpress.’s website: www.WebsiteExpress.ph
1. SUBSCRIPTION PLAN AND SUBSCRIPTION PERIOD
a) Subscription Plan — WebsiteExpress shall provide the Service based on the subscription plan applied for by Subscriber and approved by WebsiteExpress.
b) Subscription Period — The Subscription Plan provides for a Subscription Period, commencing from the date the Service is activated. If Subscriber pre-terminates the subscription, Subscriber shall pay the Termination Fee as per Sec. 3(d).
c) Subscription Plan Upgrades — Subscriber’s requests for changes in the Subscription Plan shall be subject to WebsiteExpress’s approval. If approved, the corresponding adjustment in rates and fees shall be effected in the billing cycle following the approval.
2. SERVICE SETUP
a) All initial fees must be paid prior to service setup. These fees may include service setup fees and first month service charge.
b) WebsiteExpress shall send to the Subscriber the first content build of the website within five days from payment of initial fees.
c) The Subscriber shall have five days (exclusive of weekends and holidays) from the date the first preview is sent by WebsiteExpress, to inform WebsiteExpress of any major revisions to be made on the content.
d) Any alteration of the content to be shall be considered a revision. Any alteration with the website template itself shall be considered customised work and shall be scoped accordingly.
e) WebsiteExpress shall exert all reasonable efforts to inform the Subscriber of the website status and to secure the Subscriber’s express approval. Upon lapse of the fifth (5th) day, if WebsiteExpress does not receive any instruction for revision from the Subscriber, the project is hereby approved.
3. FEES, RATES AND CHARGES
a) Monthly Service Fee — Subscriber shall pay the monthly service fees and other charges in accordance with the Subscription Plan. WebsiteExpress reserves the right to bill the monthly service fees in advance and to impose currency exchange rate adjustments where necessary. Furthermore, the Subscriber shall pay the additional taxes on the Service or fees pursuant to the laws and rules imposing the same, notwithstanding that Subscriber may have been billed or made advance payments in accordance with previous rules.
b) Deposit – WebsiteExpress may require Subscriber to deposit an amount with WebsiteExpress to secure Subscriber’s compliance with his payment obligations. The deposit shall not earn interest and shall not be construed as the limit of the amount that WebsiteExpress may charge or recover from Subscriber’s obligations to WebsiteExpress. The deposit shall be returned to the Subscriber within sixty (60) days from termination of the subscription, after deducting therefrom the amounts due from the Subscriber.
c) Service Modification Fees – WebsiteExpress may charge a nominal fees for service modification such as changes in subscription plans, etc.
d) Termination Fees — If Subscriber terminates or cancels the subscription before the end of the Subscription Period, the remaining balance of contract value, in addition to any outstanding balance for usage of the Service through the effective date of such termination or expiration will be immediately due and payable in full.
4. BILLING AND PAYMENT
a) Billing Statement — Billing Statements will be emailed to Subscriber at his email address provided on his Order Form and posted on-line which Subscriber may access through his account.
b) Billing Dispute — If Subscriber disputes the Billing Statement, Subscriber shall send to WebsiteExpress within ten (10) days from Billing Statement date a dispute notification identifying the disputed portions and submitting substantiation for the reason for the dispute. Otherwise, the Billing Statement shall be final and conclusive. Any disputed amount resolved in favor of the Subscriber shall be adjusted in the next Billing Statement. Any disputed amount determined to be payable to WebsiteExpress shall be paid within seven (7) days of the resolution of the dispute. Otherwise, said amount shall be considered overdue.
c) Final Bill — In case Service is discontinued or terminated for any reason, all unpaid bills, applicable fees and penalty charges shall immediately become due and demandable, without prejudice to the right of WebsiteExpress to bill the Subscriber by way of supplementary bills for unpaid charges WebsiteExpress discovers thereafter.
d) Payment — The Subscriber shall pay for all fees and charges by the due date indicated in the Billing Statement. Overdue accounts may be charged interest of 2% per month or Php100.00 per month whichever is higher. Late payments shall be applied first to penalties, then interest, then bills in arrears, then to current obligations.
e) Non-payment — WebsiteExpress may suspend, redirect, temporarily or permanently disconnect the Service for Subscriber’s failure to pay any amount when due, without prejudice to other legal remedies. In addition, temporary or permanent disconnection occurring during the Subscription Period shall make Subscriber liable for the Termination Fees.
5. SUBSCRIBER DUTIES AND RESPONSIBILITIES
a) Upon activation and turnover of the Content Management System (CMS), which enables the Subscriber to edit the website, Subscriber shall be solely responsible and liable for all content in the Subscriber’s website.
b) Subscriber shall not resell or re-distribute the Service, whether temporary or permanent or for no value, without WebsiteExpress’s prior written consent.
c) All content including images, videos, and text are Subscriber’s responsibility. WebsiteExpress shall not be liable for any misuse of any content provided by the Subscriber. WebsiteExpress has the right to put down the website in the event Prohibited Content is introduced by the Subscriber.
6. OWNERSHIP OF DOMAIN
In respect to domain name purchased as part of a WebsiteExpress Plan, Subscriber agrees that ownership of Domain shall be WebsiteExpress’s for the duration of the subscribed plan. In respect to domain name already owned by Subscriber, Subscriber agrees to transfer ownership of domain to WebsiteExpress for the duration of the subscribed plan. Ownership shall be transferred to Subscriber, upon completion of Subscription Term or full payment of contract value.
7. THIRD PARTY SERVICES
Subscriber is fully aware of the fact that WebsiteExpress shall not have any responsibility or liability with regard to any third party services used by Subscriber on or through his WebsiteExpress formed web content, such as payment and shopping cart plugins, and any use of such third party services shall be at his own responsibility and liability. Subscriber shall further acknowledge that the providence of technical ability to link to such services (such as the possibility of a ‘PayPal’ button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of WebsiteExpress.
Subscriber is responsible for maintaining the security of his account and content, and Subscriber shall be fully responsible for all activities that occur under the account and any other actions taken in connection with his website. Subscriber agrees to immediately notify WebsiteExpress in writing of any unauthorized use of his account or any other breaches of security. WebsiteExpress cannot and will not be liable for any loss or damage from Subscriber’s failure to comply with this security obligation. Subscriber acknowledges and agrees that under no circumstance will WebsiteExpress be liable, in any way, for any acts or omissions by any User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
9. WARRANTY DISCLAIMER & LIMITATIONS OF LIABILITY
While WebsiteExpress shall endeavor to provide the Service reasonably in accordance with industry standards, WebsiteExpress does not warrant that the Service shall be uninterrupted or error-free or free of virus or bugs. WebsiteExpress gives no warranty with respect to the speed and quality of transmission. The Service is on an “AS IS” and “AS AVAILABLE” basis only, and WebsiteExpress disclaims all warranties, expressed or implied, including any warranties of merchantability or fitness for a particular purpose. Subscriber assumes all the risks associated with accepting the Service.
a) Termination by Subscriber — Subscriber may terminate his subscription by giving written notice thereof and by settling all outstanding dues.
b) Termination by WebsiteExpress — WebsiteExpress may terminate the Service for non-payment or delay in payment of Subscriber’s accountabilities or any violation of any provision of this Agreement or for such other causes set forth herein.
c) Termination, whether by Subscriber or by WebsiteExpress during the Subscription Period, shall make Subscriber liable for the Termination Fee, as stated in Section 3 (d).
11. PROHIBITED CONTENT
In order to attain WebsiteExpress’s goal promoting free-flowing exchange of expression while maintaining high standards of respect and decency, and in addition to the other content and/or action restrictions set forth in these Terms and Conditions, the following content is prohibited: a.) Content involving nudity; b.) Content that exploits children or minors; c.) Content that disseminates personal information about another individual for malevolent purposes d.) Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of WebsiteExpress, does not otherwise have redeeming value to the community. WebsiteExpress may allow the uploading of some such content for a fee, at its sole discretion; e.) Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity; f.) Content promoting or providing instructional information about illegal activities; g.) Content depicting cruelty to animals; h.) Copyrighted content or material that is used without the express permission of the owner; i.) Content intended to abuse, harass, or otherwise violate the legal rights of others; j.) Content that contains software or other material protected by intellectual property laws unless Subscriber owns or controls the rights thereto or has secured all necessary consents and/or licenses; and k.) Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of WebsiteExpress servers or other users’ computer.
12. THIRD PARTY SITES/LINKS
Subscriber’s website may contain links to other websites (“Linked Site”) that are not under WebsiteExpress’s control. Website Express.Biz is not responsible for the contents of any Linked Site and shall be free from responsibility for webcasting or any other form of transmission received from any Linked Site. WebsiteExpress is providing these links to Subscriber only as a convenience, and the inclusion of any link does not imply endorsement by WebsiteExpress or any association with its operators. Subscriber shall hold WebsiteExpress free from all liability for any legal or other consequences (including claims for infringement of third party rights) of links made to websites not affiliated with WebsiteExpress.
13. AMENDMENTS TO THESE TERMS AND CONDITIONS
WebsiteExpress reserves the right to amend or supplement these Terms and Conditions. Said amendments or supplements shall be posted in WebsiteExpress’s website: www.WebsiteExpress.ph, and once so posted shall be binding on the Subscriber. Subscriber undertakes to be informed of the latest version of the Terms and Conditions by regularly accessing said website.
14. GOVERNING LAW AND LITIGATION
These Terms and Conditions shall be governed by Philippine laws. Any suit arising from this Agreement shall be exclusively filed in the appropriate court in Makati City, with both parties waiving all other venues. In case of suit, the Subscriber shall, in addition to the amount due and collectible, pay 25% of such amount as damages and 25% for attorney’s fees plus cost of suit.