Terms of Service

Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

Late/Non Payment

Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a reconnect charge equal to one months service fees for that account. Accounts that are not collectable by PHILBYTE.COM may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than P100 nor more than P500. If you desire to cancel your account, please follow the proper procedure to do this as outlined below. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Refunds & Disputes

All payments to PHILBYTE.COM are nonrefundable, with the exception outlined below in the "14 Day Guarantee" Section. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in PHILBYTE.COM's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay PHILBYTE.COM an "Administrative Fee" of not less than P100 and not more than P500. Under no circumstances are domain name registration related fees refundable, all domain registrations are final and the associated fees are non-refundable.

Cancellation of Service

Customers wishing to cancel their service should email our Support Department (support@PHILBYTE.COM) an email containing their name, their domain name, their login name, and a phone number where they can be reached to confirm the cancellation. Email notification of a cancellation request must be received by PHILBYTE.COM at least 5 business days prior to the customers next billing date in order to guarantee that service will be terminated and the customer not billed for the next month.

Data Retention

In the event of service suspension or termination, regardless of cause (Non Payment, Customer Cancellation, or Violation of these Terms), PHILBYTE.COM will not be liable for the data that was stored on the customers account (emails, web content, files, etc) after the suspension or termination date of the account. In the event of suspension/termination due to non-payment, and said data is still available, PHILBYTE.COM reserves the right to deny access to said data until any previously rendered and as of yet unpaid for service is paid for by the client.

14 Day Guarantee

All web hosting accounts are subject to a 14 Day Money Back Guarantee. if a client is unhappy with our hosting service, they may request to cancel the account and obtain a refund of their hosting fees within 14 days of their account's setup. This guarantee does not waive PHILBYTE.COM's right to bill for bandwidth overages or Administrative fees resulting from a clients usage of Unsolicited ("SPAM") email.

Service Outages

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Bandwidth & Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the amount per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). PHILBYTE.COM will monitor Customer's bandwidth and disk usage. PHILBYTE.COM shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in PHILBYTE.COM's sole and absolute discretion. If PHILBYTE.COM takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is based on a calendar month, resetting on the 1st of each month, regardless of the customers billing cycle date. Bandwidth charges for usage beyond a customer’s agreed upon plan will be charged to the customer at a rate of P200 per 1000 MB transfer. By default all client accounts are 'hard-locked' at their plan limits and will temporarily suspend a site rather then allow it to exceed it's monthly bandwidth allowance; this is done to prevent a sudden rush in traffic from generating a large 'overage' bill without the clients knowledge. Arrangements can be made between the client and PHILBYTE.COM to allow for a site to exceed its allotment and for the customer to be billed at the end of the month for the overage.

Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. Email, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. PHILBYTE.COM takes no responsibility for any material input by others and not posted to the PHILBYTE.COM Network by PHILBYTE.COM. PHILBYTE.COM is not responsible for the content of any other websites linked to the PHILBYTE.COM Network; links are provided as Internet navigation tools only. PHILBYTE.COM disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. PHILBYTE.COM is not responsible for any damages your business may suffer. PHILBYTE.COM does not make implied or written warranties for any of our services. PHILBYTE.COM denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PHILBYTE.COM.

Indemnification

PHILBYTE.COM wishes to emphasize that in agreeing to the PHILBYTE.COM Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies PHILBYTE.COM for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to PHILBYTE.COM or the bringing of any claim against PHILBYTE.COM by any third-party. This means that if PHILBYTE.COM is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against PHILBYTE.COM, plus all costs and attorney's fees.

Responsibility for Content

You, as PHILBYTE.COM's customer, are solely responsible for the the safety and legality of content stored on and served by your account.