Terms of Service and Agreement

1. Billing and Payment

   • Fees

     Fees due to Net1 Interactive for its Web and Email Hosting services will be the responsibility of the customer. Not withstanding that the customer disputes the same for any reason.

     
     

     In the event of late payment by the customer of any amount due, Net1 Interactive shall have the right to charge on the outstanding amount at the rate of 5% per month from the due date until the date of full payment.

   • Billing

     Net1 Interactive will send the subscriber bills thru Electronic Mail for services at regular intervals. The subscriber may request, at any time, information of his outstanding balance through support@webspace.ph. or via telephone number (02) 8387864

   • Payment

     Payment- Subscription fees and all other charges shall be payable on or with such period of time as stated in the billing statement(s) issued by Net1 Interactive to the subscriber. Cash and/or check payment(s) shall be remitted to name Banks inclusive in the billing statement and must be made in favor of Net1 Interactive. The Subscribers shall pay for his/her services charges and fees and any balance left thereafter to service fees and traffic charges on or before regular date (the Regular Due Date). Net1 Interactive shall inform the Subscriber of his regular due date in the first bill, it shall be the responsibility of the Subscriber to know his/her outstanding balance and effect payment, without need of further demand, on or before the Regular Due Date.

2. Changes in Billing Address/Billing Email Address

   The Subscriber must inform Net1 Interactive in writing, of any changes in billing address.

3. Non-payment

   Net1 Interactive may suspend, redirect, and temporarily or permanently discontinue the service of any subscriber for failure to pay any amount due to Net1 Interactive on or before Due Date. Such suspensions, redirection or disconnection shall be without prejudice to any action available to Net1 Interactive under other portions of this Agreement or in law equity in order to recover all sums due and damages suffered by Net1 Interactive for such non-payment.

4. Account Delinquency

   Net1 Interactive reserves the right to suspend/deactivate a server/website offline as soon as it is past due. Payment for the service is due on the first day of the billing cycle. Please email support@webspace.ph if you are uncertain as to what your billing cycle is. Once a Server/website is delinquent and has been suspended/deactivated, there will be a $15 (USD) reactivation charge to unsuspend/activate the server/website online.

5. Term, Renewal, Suspension, Pre-Termination and Termination

   In the event of termination, without prejudice to any other remedies available to Net1 Interactive, the customer shall be liable for all fees up to the date of termination. The amounts payable by the customer upon termination shall be payable within thirty (30) days of the relevant date of termination.

   For non-payment, Net1 Interactive reserves the right to temporarily suspend the service to the customer with prior written notice.

6. Reconnection

   A set reconnection fee of $10 (USD) shall be charged by Net1 Interactive for disconnected account. Further, all outstanding amounts due from the customer shall all be demanded prior to reconnection. Net1 Interactive shall effect reconnection one (1) to two (2) working day upon settlement of subjects’ amounts.

7. Credit allowance for Service Interruption

   The National telecommunications Commission (NTC) allows 48-hours period in which to resolve outages or service interruptions that the users’ reports without the grant of an interruption allowance. Rebates equivalent to total computed amount will be credited to subscriber starting 48 hours after each day that the facility remains unoperational. Credit will not be granted in cases where the interruption is directly attributable to equipment supplied or installed by the customers or other factors(s), which are beyond Net1 Interactive’s fault or negligence.

8. Upgrade/Downgrade

   For any upgrade/downgrade, a written notice from the customer shall be required. All requests will take effect on the 1st day of the succeeding month.

   On downgrades, the first request is free. For succeeding downgrades, an administrative fee of $10 (USD) (exclusive of 12% VAT) will be charged to the customer.

9. Internet Connection and Installation/Email Setup

   Net1 Interactive does not cover the customer’s internet connection set up as well as related tasks concerning the said service. All equipments/Software necessary to make connection such as but not limited to routers, hubs, modems, telephone lines (including leased lines), computers, internal cables, etc. shall be for account of the customer.

   The customer will also be responsible for the set-up or configuration and maintenance of its equipment for access to the internet.

   Net1 Interactive shall provide free of charge installation support and configuration of the company’s email accounts related to the Email hosting service provided by Net1 Interactive. Installation of other applications will be the responsibility of the customer.

10. Email

    Net1 Interactive shall not be liable when subscribers receive harassment in all forums thru the Internet, such as unsolicited/bulk mail, including “Junk Mail” or other advertising materials to individuals who did not specifically request such material or so called “e-mail Spam” Malicious emails, chain letters, fraud bank, or pyramid schemes whether the recipient requested it or not and other events arising from the said materials are not the responsibility of Net1 Interactive.

11. Security

    The customer will be solely responsible for the web mail access and email accounts issued by Net1 Interactive. The customer should take all measures as may be necessary to protect the secrecy of the USER ID and/or password and shall not reveal the same to any person(s).

12. Confidentiality

    The customer hereby agrees to maintain confidential all information relevant to the provisioning of the Web Hosting and Email services and not to disclose to anybody any provisions of the Terms and Conditions for the duration of the agreement. Net1 Interactive reserves the right to amend this Agreement at any tie with our without prior notice including a change in the rates and other value-added services or special features.

13. Customer Contact Responsibility

    It is the customers responsibility to keep their contact information up to date. And use a contact email address that is not associated on their domain name that is hosted with us, or email accounts hosted on their web server. It is always suggested that clients have emergency accounts with a yahoo or gmail system. This will also ensure that when you submit a support ticket that you will be able to get a reply.

14. Customer Responsible for Backups

    The customer is responsible for maintaining a backup copy of customer's files elsewhere to ensure recovery in the event of loss or damage to customer's files. At customer request Net1 Interactive may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of Net1 Interactive, Net1 Interactive will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer’s negligence of securing their account, Net1 Interactive will attempt to recover the files from their most recent archives. Although we do create excellent backups of your data, please do not completely rely on us. There are unlikely situations where we could not be able to reproduce a backup after multiple system failures. Please store a copy of your critical data on a computer you are local to.

15. Separability

    If any provision of this agreement is contrary to any applicable law or regulation, all other provisions of this agreement will, notwithstanding, continue in full force and effect.

16. Law and Venue Applicable

    This agreement shall be governed and interpreted in accordance with Philippine laws. In the event of a lawsuit, venue shall be exclusively be in the trial courts of the City of Pasig. The inclusion of twenty percent (20%) of the amount due and collectibles as liquidated damages. 25% by way of attorney';s fees and the cost of the suit shall be imposed on the party at fault.

17. Refusal of Service

    Net1 Interactive Reserves the right to refuse service to any client given that there is a valid reason, which may include the following: the client has infringed upon any copyright or trademark material, which may cause legal issues on the part of Net1 Interactive; The client has run applications which are strenuous to the server capacity and is affecting other accounts; The client displays any illegal or adult content which may cause legal issues on the part of Net1 Interactive.

18. Notices

    All notices provided for herein (other than routine communications concerning the services to be provided hereunder) must be in writing and shall be effective when receive by other party.

These Terms of Service have been updated as of: March 28, 2007