APPLICATION FORM TERMS AND CONDITIONS (SUBSCRIPTION AGREEMENT)
We reserve the right to modify our Agreement as the Service may require. Said modifications shall be posted in www.mayaritech.com and once published the same becomes binding to you. It shall be your obligation to be informed thereof by accessing such website from time to time. Your continued use of the service shall be deemed an acceptance of any modifications of our Agreement.
ARTICLE 1 SERVICE
1.1 We shall activate the Service upon approval of your application form and receipt of our Agreement signed by you. Online applications do not require any signatures
1.2 You affirm that the information and documents provide by you are true and correct and hereby authorize us to verify such information from whatever sources. We may request for additional requirements to facilitate the processing of your application
1.3 We rely on the information you provided and you agree that any incorrect information provided by you may result in the delay of approving your application delay in the installation and providing of the Service, or suspension and termination of the service.
ARTICLE 2 Website, Online System, Hosting and Domain
2.1 You agree that the usage (subscription) of the Website, Online System, Hosting and Domain is available to your use under a subscription plan.
2.2 Subscription (monthly payment) to Mayaritech Services does not entitle you, ownership of the website, hosting, domain, its contents and the above.
2.4 You agree to use Mayaritech Services in a manner approved and suggested by law.
2.5 You will not use the site to cause damage in any form to others most especially Mayaritech.
2.6 Minimum Subscription is 12 months or 1 year unless otherwise specified. It may also be dependent on the published plan which supersedes the minimum one year plan.
2.7 You will not use the website/hosting for online ads, ad space and/or any form of advertising unless otherwise stated in the Online Advertising Contract.
2.8 You may continue to use the domain, hosting and website under an annual or monthly subscription fee based on Mayaritech’s prevailing rate. Mayaritech reserves the right to change the price and the services contained with inthe the subscription on its own accord and shall be published on its website mayaritech.com
ARTICLE 3 FEES AND CHARGES
3.1 Monthly service fees
3.1.1 You must pay the fees and charges you incur in the normal use of the Service as stated in your subscription plan, monthly subscription rate or promotional plan, and any additional fees and charges noted in this Agreement or as may be notified by us in accordance with this Agreement from time to time. Further, you agree to pay all fees and charges which are incurred for the service even if you did not authorize its use, you are unable to access the service or the service has become unavailable.
3.2 Administration charges and other charges
3.2.1 In addition to the fees and charges you incur in the normal use of the use of the service (including an access fee, where applicable) we may charge you for an administration fee and other similar charges, which may include suspension fees or cancellation fees, late payment fees, reconnection or reactivation fees as may be stated in your subscription plan
3.2.2 We may also ask you to make a deposit or request that you make an interim good-faith payment (such as deposit for equipment, if there has been an unusually high use of the service or if you want to activate roaming for mobile services).
3.3Upgrade and Downgrade fees
3.3.1 You agree that an essential consideration for provisioning the Service described in your application is your commitment to maintain or upgrade your subscription plan for the agreed minimum subscription period. As such you agree not to downgrade your subscription plan to lower plans within the agreed minimum subscription period.
3.3.2 If you will downgrade your subscription plan within the agreed minimum subscription plan you agree to be bound by and to pay any penalty as stated in the Suspension, Pre-Termination and Downgrade Policy pertaining to the Service.
3.3.3 You acknowledge and agree that we have the sole discretion to approve any upgrade or downgrade of your subscription plan. If we approve your request, the corresponding adjustment in rates and fees shall be made effective in the subsequent billing cycle following the approval of the request for plan upgrade and downgrade.
ARTICLE 4 BILLING AND PAYMENT
4.1.1 We will regularly send your bill to your preferred billing address and/or through email as indicated on your application. We reserve the right to send your bill(s) to your other address (as) disclosed in your application in case of "Moved Out/Return to Sender". You agree to inform us of any change in your billing address. We are not responsible for any consequence of your inability to receive your bill and pay them by the due date as a result of your failure to timely notify us of the change in your billing address.
4.1.2. We will try to include on your bill all charges for the relevant billing period. However, this is not always possible and we may also render interim billings in advance of the usual billing cycle whenever your actual usage charges exceed your credit limit.
4.1.3 For any billing inquiry or complaint, you are required to file a complaint with our Customer Service Hotline or Mayaritech Stores or you assigned account manager within thirty (30) days from statement date. Failure to file your complaint within said period shall mean that you have accepted the accuracy and correctness of the bill and in effect final and conclusive. We will respond to your billing queries or settle your billing complaint at the soonest possible time. You agree that we shall rely on our records that you agree to be correct and conclusive.
4.1.4 We may place your Service on a signed bill with other Services that you have with us. At point of sale, you may choose to have all Services billed individually. If you receive a single bill, afterwards, it may not be possible to obtain individual bills for your Services.
4.1.5. We may bill you by using an authorized billing agent.
4.2.1 You agree to pay the entire amount billed by the due date specified in the payment notification, bill or as otherwise notified by us. Failure or refusal on your part to pay any outstanding charges by the due date shall entitle us to exercise our right to redirect, bar or park temporarily disconnect your Service(s) without liability on our part.
4.2.2 Your payments shall be first applied to any late payment fee, billings in arrears and your current billing.
4.2.3 In case of overpayment, the excess amount shall be used to offset outstanding charges, fees, cost, rentals or any other sum due in your bills or your account will be credited with the amount you have overpaid. If you have stopped obtaining the Service, we will use reasonable endeavors to notify you of the overpayment and refund the same in accordance with our company policies.
4.2.5 Any late payment made by you, whether in full or in part, shall not affect our right to pursue legal remedies to collect any penalties or damages we incur as a result of your late payment or non-payment of your bill. This may include but is not limited to (1) penalty pay for your failure to comply with the minimum subscription period or the value of the website,domain,hosting,equipment,reward or promotional product, whichever is higher; (2) reconnection fee (3) reactivation fee.
4.2.6 You agree to accept the website, online portal, domain name and service within 10 days of the integration date.
4.2.7 Your billing cycle will start 10 days after the integration date of your website.
4.2.8 You shall be billed accordingly regardless of status of your website.
4.2.9 Upon payment you are given of 10 days to complete and approve your website.
4.2.10 Upon integration date, your schedule of payment will be 10 days after the integration date on the following month.
4.2.11 You shall provide us 12 post dated checks equivalent to 1 year starting from the acceptance date. The equivalent or total amount of each post dated check shall be based on the services that you have selected or nominated. All post dated checks or any equivalent issued payment shall be unrefundable.
4.2.12 You agree that additional services shall be subject to the same procedure as mentioned in the latter.
4.3 Taxes and Currency Exchange Rate Adjustment (CERA)
Unless otherwise indicated, the fees and charges set out in this Agreement include any amount on account of tax and Currency Exchange Rates (if any). Should there be additional taxes or increase in tax rate as mandated under Philippines laws, we will bill you accordingly.
ARTICLE 5 TERMINATING AND SUSPENDING THE SERVICE
5.1 You may cancel the Service at any time by:
a. Giving us thirty (30) days prior notice (please note that you are required to give us this notice if you do not wish to continue to use the Service after the end of the minimum subscription period). Otherwise we will continue to supply the Service to you and you will continue to be charged for the Service), or
b. Giving us notice (letter or a Email), if (I) we breach a material term of this Agreement and we cannot remedy that breach, except if such breach was a result of circumstances reasonably attributable to you; or
c. We breach a material term of this Agreement, which we can remedy, but we do not remedy that breach within thirty (30) days after you give us notice requiring us to do so; or
d. Due to force majeure.
5.2 We may terminate the Service at any time by giving you at least due notice. We may however terminate the service without notice in the event of the following:
a. There is an emergency or threat to our network, such as but limited to your equipment emitting signals or code that are harmful to or interfere to our network
b. We reasonably suspect that you directly or indirectly engage in any fraud either by yourself or with any other person in connection with the Service, whether the said act is punishable under the law or not and other analogous cases such as but not limited to international simple resale (ISR), authorized audited or as part of upload, download or similar services utilizing the site created by us no matter how short, be it temporary or permanent, whether or not for value or which operation or services constitutes a bypass defrauding us or our interconnect partners of the rightful access/termination charges due to them ("Bypass"),
c. We are required to do so to comply with an order, instruction, request or notice other competent legal authority or by authorization of or under law,
d. You breach a material term of this Agreement (including for the avoidance of doubt, but not limited to, your relating to the use of the Service set out in your application or otherwise misuse either the Service or breach of any terms and conditions of this Agreement and you can remedy that breach but you fail to remedy the breach within (10) days after receipt of notice from us requiring you to do so or you cannot remedy that breach, such as but not limited to transferring your account without our consent, have connected accessories (pertaining to the application software that may have virus bugs), have installed and used software that you do not have any license that may result in an infringement of third party's intellectual property rights, which may be harmful to our equipment
e. You suffer an insolvency event and we reasonably believe we are unlikely to receive payment for amounts due, or
f. Due to force majeure.
5.3. The Service will be terminated at given date. You will not be able to use the Service after the termination date.
5.4 In addition to the above grounds, we may also suspend the Service at any time, if: (a) doing so is necessary to allow us or a supplier to repair, maintain or service any part of a network or a supplier's network used to supply the Service, (b) we reasonably believe there has been an unusually high use of the Service, © problems are experience interconnecting to our network with any supplier's network (d) we are otherwise entitle to do so under this Agreement.
5.5If we suspend the Service, we may later cancel the Service for the same or a different reason.
If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
5.5.2 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you equipment,or Computer that is owned by you for use with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension.
5.5.3 If you wish to lift the suspension, you should contact us.
5.5.4If the suspension is temporary and was requested by you for personal reasons, the service suspension may be lifted after 30 days. If you wish to continue the suspension of the Service, you should contact us.
5.5.5 We reserve the right to redirect, bar or temporarily disconnect your service(s) in the event we find inconsistencies in the information provided in your application form, non-payment of an overdue account, usage patterns, fraud, or other similar cases. You shall have no cause of action against us for web redirection, site offline, Temporary Park or maintenance. We may reconnect your services(s) once you fully comply with our requirements. Further, you will continue to be liable for any applicable charges and/or fees, including but not limited to the monthly service fees during the applicable period despite the redirection, or temporary site offline.
5.5.6 Further, we reserve the right to effect a permanent redirection of your service(s) if you continue to fail in paying your monthly dues on our identified period. Once the service(s) is terminated, all outstanding balance becomes due and demandable.
5.5.7In the event that you fail to pay your bill, we will engage the service of a collection agency or institute legal proceedings against you to recover the money you owe us and we may seek to collect recovery fee and/or reasonable costs and legal fees.
ARTICLE 6 LIABILITIES
6.1 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF INCOME, PROFITS, DATA, DAMAGES FROM LOSS OF USE, OR BUSINESS OPORTUNITY, OR FAILURE TO ACHIEVE COST SAVINGS, IN CONTRACT, TORT, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, COST, OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO ANY CLAIMS FOR PERSONAL INJURY OR DEATH OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR YOUR/OUR INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.
6.2 OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
6.3 We shall not be liable for such suspension, redirection or temporary redirection and shall have no obligation to reconnect the Service unless you have cured the cause for such suspension, redirection or temporary site offline to our satisfaction. We have the right to make permanent the temporary redirection if you failed to cure the cause of redirection within the agreed period of time. Reconnection/Reactivation shall be at our sole discretion and subject to the reconnection/reactivation fees.
6.4 Upon the reconnection/reactivation of Service, you shall be bound by the terms and conditions of our Agreement.
6.5 In the event that you use the Service for any Bypass activities, you shall immediately compensate us an amount equivalent to the rightful access or termination charge prevailing at the time the unauthorized service was committed plus 50% of such access or termination charge and all other claims and damages demanded by our interconnect partners who have been affected by the unauthorized service ("Bypass Compensation"). Such Bypass Compensation shall be computed from the time the unauthorized service was committed by you until the actual cessation of bypass. This provision shall not be subject to any limitation of liability provided in this Agreement.
6.6 We reserve the right to investigate any possible violation of this Agreement and we may gather information from you, the recipient(s) or the complaining party. We may, without incurring any liability, suspend your use of the Service as it deems appropriate and without notice. If we, at our own discretion, determine that a violation of this Agreement has occurred, we may terminate, temporarily or permanently, the Service or take other corrective action as we deem appropriate. We will fully disclose your identity in case you are found to have violated this Agreement.
6.7 If the service is terminated, you are liable to immediately pay any changes incurred (including the termination fee and outstanding charges and penalty fees, if any) until termination date. You shall also immediately pay for charges that we discover after such termination. If you are able to use the Service after the termination date, you are liable for any changes incurred by you for that use, in addition to any other charges under this clause. Further, you authorized us to apply any of your advance payment to any outstanding charges.
6.8 If the Service is terminated as a result of circumstances reasonably attribute to you: (a) before the service start date, you must pay us all infrastructure and installation costs incurred by us in connection with preparations for supplying the Service to you, and (b) during the minimum subscription period, you must pay us the pre-termination fee.
ARTICLE 7 LIMITATIONS OF LIABILITIES
7.1 You agree to defend and hold us free and harmless from any and against all claims, demands, actions, causes of action, judgment, cost and reasonable attorney's fee and expenses of any nature for----
a. Any damage of any kind arising from or related to your use of the Service or by another party irrespective of whether you have known or authorized such usage,
b. Any damage to property or injury or death to any person resulting from your use and operation or malfunction of any equipment or power supply (if any) used for the Service
c. Any damages as a result of your acts or your failure to comply with the terms and conditions of this Agreement.
d. Copyright also as are claims with photos, information's, names, data or any form related to the above.
7.2 In no event shall we be liable for:
a. Any damage of any kind arising from or related to your use of the Service or by another party irrespective of whether you have known or authorized such usage,
b. Any damage to property or injury or death to any person resulting from your use of the service and operation or malfunction of any equipment or power supply (if any) used for the Service damage as a result of your acts or your failure to comply with the terms and conditions of this Agreement,
c.Any authorized access by a third party to your network or data,
d.Any error, omission or inaccuracy with the respect to any information disclosed through the use of the Service, or for any damages which such errors may cause,
e. Any delay, interruption or failure to provide or restore the Service due to causes beyond our control or force majeure,etc.
7.3 You agree that In no event shall we be liable for
f. Any error, omission or inaccuracy intentional or accidental with any content/information/audio/video posted, declared, disclosed, created submitted in any websites, online sites, forums ,online ads, classified ads, social networking sites and/or anything of similar nature or relation to the service.
7.4 You acknowledge that we have the discretion to interrupt suspend, deactivate or disconnect the Service for various reasons or causes beyond our control including but not limited to force majeure, power and equipment failure or acts or omissions on your part or a third party.
7.5 MAYARITECH will not be liable or will give no warranties of any kind concerning the website or the material published on it. MAYARITECH does not warrant that functions or execution of functions contained in this website will be error-free, virus free or that defects are un-present, uninterrupted, due to user to user negligence, uncontrolled events but not limited to power failure, user error, acts of nature such as but not limited to earth quakes, typhoons, flooding and the like.
7.6 Mayaritech will not be liable for unavailability of the domain, website, and its materials in any locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
7.7 We guarantee first page placement for organic searches for Google. We do not however guarantee single word matching or single keywords. Our guarantee is for key phrases with a minimum of three (3) words. You as the subscriber and undersigned agree that our guarantee does not take effect unless all requirements in relation to that campaign have been fulfilled of completed.
7.8 You agree that Mayaritech Globalware Solutions Corporation does not own Google, yahoo, bing or any search engine. In occasions that such companies will change algorithms, or any event which may change or alter placement of any or all preferred keywords in organic searches that we guarantee, you agree that no refunds or returns will be demanded by you or any entity, personality acting in your behalf.
ARTICLE 8 LIMITATIONS OF REVISIONS AND LIMITATION OF SUPPORT AND MAINTENANCE
8.1 Revisions support and maintenance is limited only to the subscription and/or service availed. Revisions are free if Mayaritech Globalware Solutions Corporation deems or considers request as minor and has no equivalent paid service based on our additional service application form. Please see our add-ons form for additional information.
8.2 Change of theme can be done once a year only. Additional items, photos, products or any of the same sorts, including photo editing can be requested but Mayaritech Globalware Solutions Corporation reserves the right to deny or accept said request.
8.3 Changes, modification, EDITING AND REVISION OF content, image or any form of data that will result to any form of Website advertising, promotion of other products, promotion of company, personality and/or service/s, affiliate marketing, and affiliate advertising is governed by a separate contract/agreement.