I. Agreement for Services
iManila will provide hosting services and other services that the Client has agreed to and will pay for according to the service fees specified in their confirmed order. The client acknowledges that these service fees have been properly communicated and is aware of all charges applicable to the agreement.
iManila has the right to refuse or discontinue service to anyone at its sole discretion.
iManila has the right to modify any technical specification of the service so long as such changes do not significantly change the features and functionality of the service.
II. Description of Services
III. Term of Agreement
The client acknowledges that they are bound by the service term of the agreement. This term is for one (1) year with automatic yearly renewal unless specifically stated otherwise by iManila.
There will be an automatic annual renewal for the service after the initial term, which will be billed automatically thirty (30) days before expiry unless there is a 30-day notice of termination from the client. Restoration of the service after thirty (30) days from expiry, if possible, may require additional charges. All expired account records (email, website, domain name, SSL certificate, DB, etc.) will be erased after sixty (60) days from expiry and can no longer be retrieved.
The Client agrees that iManila is entitled to increase any of the Fees for automatic annual price adjustment, with a maximum increase of 10% or if higher based on prevailing inflation rate. The annual price adjustment shall be implemented on each of the anniversary of your Service’s start date (after completing the one year term and thereafter). iManila will notify the Client of the annual price adjustment by email or website announcement stipulating the specific annual automatic price increase percentage.
In case of pre-termination prior to end of contract term, Client agrees to pay all remaining monthly fees and other applicable charges until end of contract term. If paid annually, all paid amounts shall be forfeited.
Activation of the service is subject to the receipt of initial payment from the client as agreed upon. Set-up Fees, deposits, and advances may be charged and are due at the time of the client’s confirmed order. All services are subject to taxes as applicable and the client agrees to pay for these taxes.
V. Delinquent Accounts
Failure to pay for outstanding invoices on the due date on the invoices shall result in the immediate suspension of services, and final termination and erasure of accounts after ninety (90) days of the due date. Additionally, any payments not made within the specified due date on the invoices shall incur a LATE PAYMENT FEE equivalent to three percent (3%) on outstanding balances due each month or a fraction thereof until paid. Should there be a need for iManila to take legal action for payments of outstanding invoices, the client shall reimburse iManila for all legal fees and additional costs incurred by such actions.
VI. Backups and Maintenance
Clients of self-managed hosting services acknowledge that they are responsible for maintaining their own set of backup files. iManila has backups but these are for iManila’s network operational purposes only.
In any event that there is a client need for access to iManila’s backup files, iManila will use its best effort to restore data to the client's self-managed accounts. However, this service is not a guaranteed backup as far as the integrity of the data. iManila is not liable for any loss of data from said backups.
There will be no liability or compensation for any lost, inaccurate, outdated data if iManila backups do not function.
In the event of the network, system, or equipment maintenance or repair or update or any reason that requires it, iManila at its sole discretion can suspend the services.
VII. License to iManila
Client grants iManila non-exclusive, worldwide right and license during the initial term and any term thereafter to use, store, process, transmit, make archival or back-up copies of the client content and the website, and publish the content to provide the service.
The client acknowledges that by uploading data to the servers, network, and systems of iManila such data may reside in other countries outside of the Philippines such as Singapore, Canada, and the United States. Such servers, networks, and systems are therefore subject to the laws of the countries wherein these servers, networks, and systems are situated. As such privacy laws may vary from that of the Philippines. iManila will make considerable effort to protect the privacy of your information and comply with the law. However, note that the client's privacy rights may be less than that provided by the laws of the Philippines.
iManila, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, client content and/or web site(s), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Client further agrees that iManila shall not be liable to the client for any loss or damages that may result from such conduct.
VIII. End of Life
iManila reserves the right to stop offering or providing any of the Services at any time, for any or no reason, and without prior notice. iManila takes great efforts to maximize the lifespan of all its Services but there are times when a Service we provide will be discontinued or reach its End-of-Life (EOL). At this point, that service will no longer be supported by iManila in any way effective the EOL date.
In the event of EOL of any service, iManila will attempt to notify the client Thirty (30) days before the EOL date. It is the client’s responsibility to take the necessary steps to replace the Service by migrating to a new Service before the EOL date. iManila will offer a comparable Service for the Client to migrate to for the remainder of the term of the old Service for a possible additional fee. Or offer a pro-rated credit or refund to be determined by iManila at its sole and absolute discretion. iManila may, with or without notice, migrate the client to the latest available service. The client takes full responsibility for any loss or damage due to the said migration. iManila will not be liable for any modification, suspension, or discontinuation of any Services we offer.
IX. Third-Party Software
As part of the Hosting Services, iManila will allow clients to use software, apps, or other applications developed, owned and licensed by a third party. Client use of this software is accompanied by a license agreement. This software may only be used by the Client as part of the Service.
iManila may need to provide your personal information to third-party providers as required by some third-party software.
iManila has the sole right to modify, change or discontinue the provision of the software at any time and the client agrees to cooperate in performing the necessary steps to install any updates to the third-party software. This is especially important for critical updates that affect the security and integrity of iManila’s network and servers. In any case, the client provides permission to iManila to update any software or platform (i.e., WordPress, PHP, etc) that is found to have critical vulnerability issues. iManila will in its best effort provide thirty (30) days notice to allow the client to resolve such issues and at the end of such period, if no resolution has been made, iManila will update such software at no liability to the client. iManila will not be liable for any malfunction or deprecation caused to the client application or website caused by the update.
X. Welfare of iManila Staff
iManila strives to provide exemplary client service. It is our utmost concern that all our clients are treated well and consequently we expect the same courtesy from our clients. In the event of any abusive client behavior towards our staff, iManila reserves the right to suspend or terminate client services and request said client to move to another provider. In the event of termination of service, iManila will provide ten (10) days' notice for the client to find another provider and move their data. iManila will refund any unused portion of the paid service.
Abusive client behavior includes but is not limited to the following: profanity, rude manner, personal attacks, yelling, threats, false information to intimidate or confuse, and any negative behavior deemed to be offensive by our iManila staff. These behaviors may be done via a phone call, chat, or email.
XI. Force Majeure
iManila shall be not liable for the delay or failure of performance of its Service caused by force majeure such as fire, floods, earthquake, explosion, accident, strike, war, riot, civil unrest, or other similar acts of God, civil or military authority, or any other causes beyond the control of iManila.
XII. Guarantee Terms
A. 99.5% Network Uptime
iManila guarantees 99.5% network uptime for all subscribers of a solution with a network connection included. In effect, we guarantee that downtimes due to network outages will not exceed 43.8 hours per year. If a network outage beyond the stipulated 43.8 hours per year should happen, iManila will compensate the client with a credit equivalent to one day of service for every hour of Network Downtime that is beyond the guaranteed level. The credit amount that can be claimed shall not exceed the client’s total monthly due. Unavailability is defined by failed PING commands to the IP address of the server hosting the client’s website. This unavailability must be directly caused by problems in the connection linking iManila to the internet and must be verifiable from multiple external Internet hosts.
Exclusions: The guarantee is limited to network unavailability on the network operated by iManila and the hardware owned by iManila or one of the direct suppliers. The guarantee is in no case applicable to external network problems that might cause local interruptions for some internet service providers. The guarantee is in no case applicable to unavailability caused by hardware or software malfunctions, application of the acceptable use policy, network slowdown, planned maintenance activities, or any event that is not directly under the control of iManila. Any request for credit concerning a problem other than network uptime will be analyzed and treated individually as an independent request which is not subject to the network uptime guarantee.
B. 99.5% Power Availability
iManila guarantees 99.5% electrical power supply and availability of its data center for all subscribers of a solution with an electrical supply port or an amp circuit involved. In effect, we guarantee that power unavailability downtimes per year will not exceed 43.8 hours. If a power outage beyond the stipulated 43.8 hours per year should happen, iManila will compensate the Client with a credit equivalent to one day for every hour of power unavailability beyond the guaranteed level. The credit amount that can be claimed shall not exceed the client’s total monthly due. This unavailability must be caused by problems directly related to the data center’s electrical supply, the client’s server, or the bay’s power supply.
Exclusions: The guarantee is limited to electrical power unavailability due to hardware directly owned and operated by iManila or one of its direct suppliers. Any request for credit concerning a problem other than the electrical power supply will be analyzed and treated individually as an independent request which is not subject to the electrical power supply guarantee.
XIII. Claim Procedure
The guarantee is limited to Network and Power Unavailability only. All requests must be made within seven (7) days following the end of the month in question. All claim requests must include the starting time of the unavailability, the time when services came back to normal, and at least three (3) “traceroute” commands taken during the unavailability. Any incomplete claim request form will be discarded. The request will be processed within 10 to 15 working days following its reception.
XIV. Guarantee Contract
The guarantee is automatically valid for all of the iManila Internet Hosting subscribers. iManila reserves the right to modify the present guarantee at any time, without notice.
XV. Technical Support
iManila shall provide FREE technical support for all hosting accounts with the following issues: issues related to the functioning and functionality of any of our Services, including issues clients report related to the uptime and connectivity of our services; issues related to the proper functionality of iManila User Area, including tools and features provided by iManila, cPanel features accessibility and connectivity including those related to settings and proper usage of the tools and features provided by us;
Inquiries related to the registration, renewal, and transfer of domains to us, DNS, or WHOIS updates. For issues related to domain transfer from iManila to another hosting provider or registrar, our support is limited to assuring that the domain is transferable per the requirements for the respective domain extension.
Exclusions: The following issues are outside the scope of our free technical support:
Client requests for technical support for issues outside the scope of our free technical support services may be provided by iManila at its discretion subject to availability and additional support fees. iManila shall inform the client of any additional charges and will require explicit consent before the paid support is implemented. The paid technical support shall be billed by iManila to the Client upon completion of the support ticket.
Client agrees to indemnify and hold harmless iManila, its officers, directors, employees, agents, representatives, and successors-in-interest against and from any liability, loss, damage, cost, and/or expense (including attorney’s fees and costs of litigation) arising out of or in connection with any claim or action which any person or entity (other than the other party) may file or threaten to file against a party to this Service Agreement or its officers, directors, employees, agents, and representatives relating to the acts, omissions, faults, and negligence of the concerned party or the breach of this Service Agreement.
All notices permitted or required by this Agreement will be sent by registered mail or delivered by courier or electronically, if the latter is applicable; by either party to the other at their respective addresses indicated in this Agreement. Should there be a change in the business address or email; both parties mutually agree to notify each other at the soonest possible time, to avoid unnecessary delay in the conduct of business.
XVIII. Entire Agreement
This Service Agreement constitutes the entire agreement between the parties relating to the subject matter of this Service Agreement. Each of the parties acknowledges that in entering into this Service Agreement, it does not rely on and will have no remedy in respect of any statement of fact or opinion not recorded in this Service Agreement (whether negligently or innocently made), except for any representation made fraudulently.
XIX. Governing Law and Arbitration
This Service Agreement shall be governed by and construed following the laws of the Philippines.
Any dispute among parties shall be settled amicably. Otherwise, any dispute will be submitted to a panel of three (3) arbiters and shall be settled by the rules and procedures of the Philippine Arbitrator Law (R.A. 870). iManila and the client shall choose one (1) Arbiter each. Both parties shall appoint the third arbiter, who shall act as chairman. In case of failure to agree on a third arbiter, the such third arbiter shall be appointed according to the Philippine Arbitration Law. All decisions of the panel shall be considered final and executory except in instances provided by the Philippine Arbitration Law.
This service agreement may not be modified or amended unless in writing and agreed upon by both parties.
If any one or more of the provisions contained in this agreement or any document executed in connection herewith shall be invalid, illegal, or unenforceable, the remaining provisions contained in this agreement shall not in any way be affected or impaired.
Revised Oct. 15, 2022