By submitting the online order form or by using Web.com.ph's
service, Customer hereby agrees to Web.com.ph's Terms of
Service (TOS), the Acceptable Use Policy (AUP), the No Spam
as the "Agreements").
Unless otherwise specified in the Agreements, the usage of
"us", "we" and "our" shall refer to Web.com.ph and all its
parents, subsidiaries, successors and assigns (unless
otherwise specified, "Web.com.ph, Inc." and "Web.com.ph" shall
have the same meaning and shall be interchangeable). The usage
of "you", "your", "they" and "them" shall refer to the
Customer of Web.com.ph.
You hereby acknowledge that you have read the Agreements and
fully understood the contents thereof. You also acknowledge
that you agree to the terms and conditions of, and will comply
in good faith with the Agreements.
Web.com.ph does not tolerate pornography, spamming the
internet, phishing and other illegal activities. Web.com.ph
reserves the right to terminate these kind of websites right
away at our discretion to preserve the integrity of the
Company and Service.
A. Agreement for Services
1. Web.com.ph 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.com.ph reserves the right to refuse or discontinue
service to anyone at its sole discretion.
3. Web.com.ph 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
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.com.ph's Service for a certain
minimum period of time (“Term”). Customer agrees to pay, in
advance for a one year service term, for hosting services to
be rendered while Resellers can opt to pay monthly, quarterly
1. Establishment and provision of Service is contingent upon
receipt of payment from Customer to Web.com.ph. Customer must
pay in full for the Services before Web.com.ph 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 G
4. Renewal notice/Invoice shall be sent to the Customer five
(5) days before the expiration of the Term. If prior payment
was made by credit card, any renewal or recurring billings
shall be charged automatically on the date the invoice is
sent. Web.com.ph may apply the amount due at any time to the
credit card listed on file.
5. Unless otherwise expressly provided, all monetary amounts
to which the Agreements refer shall be in Philippine Pesos.
6. Web.com.ph payment modes are Paypal, credit cards, bank
deposit, checks and cash paid in our office. Read
http://www.web.com.ph/payment.html for deetails.
7. Except only on the ground of double payment, disputed
charges to your credit card issuer, also known as chargebacks,
which, in Web.com.ph's sole discretion, are invalid under the
terms and conditions of this Agreement, shall result in
Service suspension or interruption, subject to reconnection
fees to restore the desired service. All credit card disputes
based on prior payment must be reported within sixty (60) days
from the time the fees were charged to the credit card
D. Additional Terms and Conditions for Reselling Our Services.
1. Your account with us allows you to resell our services,
subject to all the terms and conditions of your Agreements
with us. However, please note that you do not have to resell
our services. As long as you comply with all the terms and
conditions of your agreement with us, you may simply use our
services for your own Web sites and for any lawful purpose.
Under no circumstance will you hold yourself out as our agent,
employee, joint venturer, partner, or representative.
2. No Free Services to Be Offered. You may not use your account or our
services to offer any
of the following kinds of FREE services: (a) Free web hosting
services; (b) Free e-mail services; (c) Free home pages; and
(d) Free trial accounts. There are several reasons for these
prohibitions on freeservices. If you violate this prohibition
on free services, we may suspend or terminate your account
immediately, with or without notice, as we in our sole
discretion deem necessary to address the situation. The
reasons include, but are not necessarily limited to, the
a. Free services generally do not require any reliable
means of identifying the person who registers for them. As
such, it can be practically impossible to track down
persons who abuse the free services.
b. Our customers, including our resellers, are all paying
for prompt, reliable service and we have built a solid
reputation for delivering excellent service to them. We
cannot risk having unidentified persons damage our
c. Users of free services are notorious for registering
for free accounts and immediately spamming or otherwise
consuming very large amounts of system resources and
bandwidth before their accounts are shut down. Such
abusers often register for successive or multiple accounts
and cause many problems for the servers and network.
d. Spammers, operators of phishing and pharming scams,
distributors of spyware, viruses, Trojan horses, worms,
and other malware, operators of illegal Warez sites,
operators of illegal or unauthorized file-swapping or
archive sites, and hackers frequently abuse free online
services. Allowing free services would expose our servers
to severe abuse and could harm us, all of our Customers,
and all the customers of our resellers.
e. Free services lead to various forms of abuses that may
violate criminal laws or even foster terrorist activities.
Because such abuses violate applicable laws as well as our
policies, we must prohibit them.
3. Resellers’ Customers Must Comply with All of our
Policies. You must require your customers to comply with all
applicable laws, the Agreements and all of our policies, which
are deemed incorporated into your agreements with your own
customers. If you fail to do so, we may suspend or terminate
both the accounts of your customers and your account, as
necessary to protect the security, safety, reliability,
integrity, and performance of our servers, data and network.
4. Reseller’s Standards of Conduct. You must conduct your business
with high levels of
integrity and fair dealing. You should maintain a reputation
for fair dealing and customer service at the highest levels.
5. Support for Resellers’ Customers. Unless you have purchased an
account with us whereby we
have explicitly agreed in writing to provide technical support
to your customers, you are solely responsible for providing
all technical support for your customers, and you agree that
you will not direct your customers to contact us for technical
support. However, if you have purchased an account with us and
we have explicitly agreed to provide end user support to your
customers, then we will provide end user support to your
customers under Web.com.ph banner. Regardless of the type of
account you have purchased from us, you are solely responsible
for providing your customers with all billing, customer
service, sales, and general information support. If you offer
training to your customers, you are solely responsible for
providing the training to them. You agree that you will not
direct your customers to contact us for any billing, customer
service, sales, or general information support or for any
6. Your liability to your own customers.
You are solely responsible for terminating or deleting any of
the accounts for your customers, and for restoring those
accounts when appropriate, and any assistance from us,
rendered at our sole discretion, shall not be construed as an
assumption of obligation or liability. If any of you customers
causes harm to us or to any of our customers or the customers
of any of our resellers, then you agree to be liable for that
harm and all damages arising from that harm, and we shall not
be liable for any mistakes, errors, downtime, or other damages
caused by you or any of your customers. If you breach or
default on any of your obligations to us under your Agreements
with us or any policy contained in that Agreements, you
understand and agree that such a breach or default may result
in the suspension or termination of your account and hosting
privileges with us, and you further understand and agree that
you assume all responsibility for the loss of your account and
hosting privileges may create negative business, economic, or
legal consequences between you and your customers. Moreover,
you understand that although Web.com.ph takes several
precautions to prevent your clients from seeing our company
name, we make no guarantees or warranties that your clients
cannnot find out about us. You agree to defend, indemnify and
hold harmless Web.com.ph, as provided in Clause J below.
Should your reseller account be suspended or terminated for
any reason, and should your client request that hosting be
directly handled by us or through another arrangement, you
agree to release us from any liability arising therefrom,
without prejudice to your obligations under Clause J below.
E. Delinquent Accounts.
1. Failure to pay Invoices due on Hosting Plans and Reseller
Plans shall result to the suspension of the Service three (3)
days after the due date, and then termination five (5) days
after the due date.
2. Web.com.ph 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.com.ph 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.com.ph 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
F. Account Cancellation.
1. Customers may voluntarily cancel their account at any time,
with or without any reasons, subject to the following:
Web Hosting and Reseller Plans.
Request for cancellation can be sent anytime to
Virtual Servers and Dedicated Servers. Request for cancellation shall be
five (5) working days before the renewal date.
c. Colocation. Cancellation is
subject to terms outlined in the colocation contract.
2. You understand and agree that Web.com.ph does not provide
any refunds, pro-rated or otherwise, in connection with
cancellations, pursuant to Clause G 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.
G. Refunds and 30-Day Guarantee.
1. Except as explicitly provided in this section, all payments
to Web.com.ph, including, but not limited to, setup fees and
annual fees regardless of usage,
2. Without waiving any of its other rights under the
Agreements, Web.com.ph 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.com.ph, 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,
provided in Clause F 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
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
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
H. Violation of Laws
1. Customer represents and warrants to Web.com.ph 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
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.com.ph 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.com.ph will
cooperate with all law enforcement agencies in relation to
alleged violations of laws.
I. Back-ups and Maintenance.
Customers are responsible for maintaining their own set of
back-up files. Nevertheless, Web.com.ph does back-up hosted accounts
daily, but these back-ups are intended
solely for Web.com.ph's
In the event that you need to recover data from a back-up,
Web.com.ph 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.com.ph does not guarantee the availability,
completeness, currency or integrity of its back-up files. You
understand and agree that Web.com.ph's back-up policy does not
create, and Web.com.ph disclaims any warranties, expressed or
implied, for which Web.com.ph can be held liable.
Web.com.ph does not provide compensation of any kind for lost,
inaccurate, incomplete, or outdated data in the event that
Web.com.ph 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.com.ph
or any of its employees or agents, and regardless of whether
Web.com.ph had been informed of the possibility of such
malfunction, or any fault or negligence that might cause it.
Web.com.ph does not provide back-up on Virtual Servers,
Dedicated Servers and Colocated Servers and back-up
responsibility entirely rests on the Customter.
2. Web.com.ph 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.com.ph, 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.
K. Limitations of Liability / Disclaimer.
1. Web.com.ph 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.com.ph'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
2. Web.com.ph provides the services and products as is,
without warranty of any kind, whether expressed or implied.
Web.com.ph 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.com.ph shall have no
3. To the maximum extent permitted by law, Web.com.ph
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.com.ph 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
L. Force Majeure.
Web.com.ph 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
M. Abuse of Web.com.ph Staff or Support Personnel.
1. Web.com.ph 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. We
will issue a refund only for the unused portion of pre-paid
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.
N. No Waiver of Rights by Web.com.ph.
No course of dealing and no delay in exercising, or omission
to exercise, any right, power or remedy accruing to Web.com.ph
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.com.ph in
respect of such default or circumstance, or any acquiescence
by it thereto, affect or impair any right, power or remedy of
Web.com.ph in respect of any other default or circumstance,
whether similar or not.
O. 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.com.ph to Customer.
Web.com.ph will notify you by e-mail of any notices that
Web.com.ph is required to provide to you under this Agreement,
at the most current e-mail address you have provided to
Web.com.ph. By entering this Agreement, you consent to receive
notices by e-mail. You are solely responsible for ensuring
that Web.com.ph has your most current e-mail address, and
Web.com.ph shall not be responsible for any lost, misdirected,
bounced, forwarded, or undeliverable e-mail that Web.com.ph
sends to the most current email address you have provided to
2. From Customer to Web.com.ph.
Unless otherwise specified in this Agreement, notices to
Web.com.ph shall be sent to the following mailing address and
Room 301 Raman Condominium
1130 Chino Roces Avenue
1231 Makati City, PHILIPPINES
1. The Agreements comprises the entire agreement between you
and Web.com.ph, and supersedes any prior or previous
agreements between you and Web.com.ph 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.com.ph 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.com.ph's prior and express
written consent to such assignment. Web.com.ph may assign any
or all of its rights and obligations under the Agreements at
any time without prior notice to or consent of Customer.
S. 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.
2. Jurisdiction and venue for arbitration or litigation of any
dispute, controversy, or claim arising out of, in connection
with, or in relation to the Agreements, or the breach thereof,
shall be proper only be in Quezon City, Philippines, to the
exclusion of all other courts, venues and/or jurisdictions.
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