RIGHTS AND RESPONSIBILITIES OF PAGAWAAN.COM
- PAGAWAAN.COM agrees to employ online marketing services according to the specific inclusions listed in JOB ORDER which is attached hereto and made an integral part of this AGREEMENT.
- PAGAWAAN.COM reserves the right to amend its Online Marketing Services offerings and to add, delete, suspend or modify the terms and conditions of such Online Marketing Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future CUSTOMERS.
- PAGAWAAN.COM reserves the right to perform its verification process to check the veracity of information submitted via the portal. Furthermore, PAGAWAAN.COM reserves the right to reject an application or terminate an account in case of violation of the Acceptable Usage Policy.
- Pagawaan.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of PAGAWAAN.COM, its users and the public.
RIGHTS AND RESPONSIBILITIES OF CUSTOMER
- Provide accurate information and updated documents required during the registration process.
- CUSTOMER agrees to pay the required fees to obtain access to the PAGAWAAN.COM system.
- Use the PAGAWAAN system in accordance with the Acceptable Usage Policy.
- Participate in PAGAWAAN.COM’s market research activities.
PAGAWAAN.COM aims to provide a business-to-business and business-to-consumer website that connects service providers to end user clients who are looking for a specific service.
CUSTOMER acknowledges the following with respect to the SERVICES:
- PAGAWAAN.COM shall perform verification process prior to displaying the profile of the CUSTOMER for public consumption to ensure appropriateness of services. Furthermore, it shall continue to perform review of the profile of registered CUSTOMERs and take actions on reports of irregularities including but not limited to unsatisfactory performance of services requested by end CUSTOMERs, fraudulent activities, and posting of offensive contents.
- PAGAWAAN.COM may consider making the profile of a CUSTOMER unavailable for public viewing in midst of an ongoing investigation of the abovementioned.
- The CUSTOMER warrants that everything it provides PAGAWAAN.COM to employ in the services listed in this Agreement is legally owned or licensed to the CUSTOMER. The CUSTOMER agrees to indemnify and hold PAGAWAAN.COM harmless from any and all claims brought by any third-party relating to the CUSTOMER’s products or services, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by the CUSTOMER’s products or services, materials supplied by the CUSTOMER, copyright infringement, and defective products.
- The CUSTOMER guarantees that all materials, information, or other documents submitted to PAGAWAAN.COM are its original property and shall remain the sole property of the CUSTOMER, and the CUSTOMER shall be the sole owner of all rights in connection therewith.
PAYMENT OF FEES
Payment for the Online Marketing Services selected by the CUSTOMER will be on a pre-paid basis, due and payable at the beginning of the term, and will continue billing at the beginning of any and all subsequent terms until such time as you or we terminate the Online Marketing Services. To participate in the premium listings service (the “Listings Service”)(as a part of the Online Marketing Services Agreement), you must be an active, current PAGAWAAN.COM account holder.
Recurring payment shall be performed by CUSTOMER within ten (10) days from the scheduled payment. In case of late payment, PAGAWAAN.COM reserves the right to temporarily suspend the account of the registered user with unsettled invoice until such payment is made.
CUSTOMER agrees to submit any claims or disputes regarding any charges made to his/her account, within sixty (60) calendar days from the date of receipt of such notice. Otherwise, such claim or dispute will be waived and such charge will be final and not subject to challenge.
TERM AND TERMINATION OF AGREEMENT
This AGREEMENT shall remain valid for one (1) year starting from the date of signing, unless earlier terminated as set forth herein. In cases of contract termination, registration fee will not be refundable.
This AGREEMENT may terminate immediately if violation, breach, or infringement of any of the terms and conditions is not remedied within ten (10) days from receipt of notice from PAGAWAAN.COM.
CUSTOMER may request to terminate its account at PAGAWAAN.COM in writing at least thirty (30) days prior to date of effectivity.
PAGAWAAN.COM agrees to perform certain verification process prior to approving an application for registration in the program as well as the publication of the uploaded information on the profile page. CUSTOMER agrees to indemnify PAGAWAAN.COM for any claims arising out of materials and contents provided to PAGAWAAN.COM. PAGAWAAN.COM will reject any material or content that are abusive, inducing fear or threat, or indicating that the CUSTOMER is involved in unlawful activity or poses a risk in any way to PAGAWAAN.COM.
WEB PROMOTION CONTENT AND ADDITIONAL REQUESTS
CUSTOMER takes full responsibility for all content suggested or supplied to PAGAWAAN.COM for inclusion on web document(s), advertisement(s) or any form of media. CUSTOMER is held legally liable for the supplied content. CUSTOMER agrees to abide by all local, national, and international laws including, but not limited to, trademarks, patents and copyrights.
Any requested changes to graphics, text, web pages, and forms or any other requests extending outside of the scope of the project (as defined in the pricing plans) will not be included or considered without advanced payment based on PAGAWAAN.COM’s rates and charges.
CUSTOMER gives PAGAWAAN.COM full authority as a part of this service to create, add, delete, revise or upload content, including approved keywords in order to optimize the site for search engines.
CUSTOMER agrees to provide PAGAWAAN.COM via email a weekly report of all projects or service/job orders acquired through PAGAWAAN.COM.
CUSTOMER agrees to answer questionnaires from PAGAWAAN.COM regarding the services and other improvements that need to be performed as part of marketing campaign.
PAGAWAAN.COM agrees to perform regular optimization techniques based on these reports provided by the CUSTOMER.
If applicable to the user, CUSTOMER agrees to give PAGAWAAN.COM full authority and rights to link PAGAWAAN.COM website to their website in order to forward any inquiries from prospective clients. The link building package of the Online Marketing Service can be either inclusive on the CUSTOMER’s monthly or annual service charges. Any link building package that is a part of the Online Marketing Service can be cancelled during an active month of service. That cancellation will then occur when that active month is complete. The link building package of the Online Marketing Service is non-refundable, with the exception of special circumstances as determined by PAGAWAAN.COM.
REFUNDS AND GUARANTEES
Due to the nature of the Online Marketing and Web Promotion Service Industry, PAGAWAAN.COM cannot offer guarantees for a majority of its Online Marketing Services and, as such, all payments are no-refundable. Refunds to Online Marketing Services are only provided in limited instances where the guarantee has not been met on a guaranteed service; the CUSTOMER has taken all actions consistent with this Agreement and has not taken any action that would void the guarantee. The following conditions, among others, apply to any PAGAWAAN.COM service guarantee related to Online Marketing Services:
- The web is very unpredictable and dynamic. For this reason, Services are provided on a best-efforts basis. In no event will PAGAWAAN.COM will be liable for any damages, for any cause, arising from provided services, including any lost profit, lost savings, or other incidental or consequential damages, even if another party has advised PAGAWAAN.COM of the possibility of such damages, or for any claim.
- CUSTOMERs who receive completed services will not be eligible for a refund in any manner. There is no refund on work performed once completed.
Unless otherwise specified in writing by PAGAWAAN.COM, subscription will be considered completed at the end of the subscription period and notification will be sent via email 30 days prior to expiration.
SCHEDULE OF FEES
Standard set-up fees related to the Services that are covered to the CUSTOMERs subscription fees.
CUSTOMER agrees that any additional services rendered by PAGAWAAN.COM to the CUSTOMER is not covered in the subscription fee and will be charged separately. CUSTOMER will be notified prior to PAGAWAAN.COM charging the customer.
Neither CUSTOMER nor his employees, subcontractors, agents, manufacturers, workshops, suppliers, delegated consultants, testing and inspection agencies or labs or specialists and the personnel of either of them; shall not either during the bidding, execution of this contract or after the expiration of the contract disclose or reveal any proprietary or information relating to this project without the prior written and stamped consent of PAGAWAAN.COM.