By accessing this web site, you are agreeing to be bound by the below stated Terms of Use and agree that you are responsible for compliance with any applicable Laws and Regulations. The materials contained in this web site are protected by applicable copyright and trade mark laws.
Introduction: Abelordbalagtas.com is a product that is designed to be a gateway and primary interface for website creation and management of the clients who subscribe to the plans, which is incorporated by reference by this Terms of Use. By subscribing to use the services provided by Abelordbalagtas.com , you agree to be bound by the following Terms of Use. Abelordbalagtas reserves the right to change the Terms of Use at any time without any notice, and your continued use of Abelordbalagtas services is deemed as an acceptance to adhere to any such changes to the Terms of Use applicable at such particular times.
Description of Plan and Services: Abelordbalagtas presently offers three plans for its customers, each attached to a fixed website setup plan. The service portfolio is detailed in the plan itself with the scope and extent of ownership of each of the services. Broadly, Abelordbalagtas provides website design and development, creation of content, setting up the social media ecosystem, Search Engine Optimization and updates to the websites, as per the subscribed plan. The Add-ons and Value Added Services are an optional service provided to Abelordbalagtas customers.
Copyrights, Trademarks and Intellectual Property: All content produced by Abelordbalagtas within the scope of Services including software, web code, images, videos and text content, graphic design, or any other material developed or licensed by Abelordbalagtas for their clients as part of the services is copyrighted and remains the exclusive property of Abelordbalagtas. However, if the Client chooses to cancel this agreement after making the full payment and as per the conditions stated in Termination Section below, all copyrighted content can be used indefinitely by the Client, with the exception of software, web code, website theme and Photoshop editable files. The Website could also have links to an extended digital ecosystem, like the social media, which belongs completely to the Client and it is the Client’s prerogative to manage any such content, which is not part of the website. The Client also undertakes to furnish documentary proof and evidence of any Trademarks, Patents or other such Intellectual Property for Abelordbalagtas to publish such information. Applying for Trademarks and Patents are not included in Abelordbalagtas’s Scope of Services.
Responsibilities and Obligations: Abelordbalagtas would strive to build / modify the website of the Client and establish a positive preference for the brand. All the hosted content is deemed to have the approval of the Client and embedded in our Process. The Client is solely responsible for the performance of the business. By agreeing to this Terms of Use, the Client agrees to undertake complete responsibility of having the necessary Registration, Licenses, Legal capability to deliver the products and services and all necessary statutory and regulatory permits to carry out the activities listed. Abelordbalagtas reserves the right to request documentary evidence / legal and regulatory documentation to verify any such credentials, if required. Abelordbalagtas also reserves the right to obtain any information available in public domain to determine the veracity of information disclosed.
Representation: Abelordbalagtas representation of the Client is limited to the design, development, creation of content and setting up the related Social Media presence. The representation as a Web Technology partner does not extend to any assurances in the form of increased revenues, although the intention is to create a positive preference for the online presence. Abelordbalagtas will not answer or respond to queries regarding the Client’s business to any Third Party, without the express written permission of the Client.
Reference and Links: The Client hereby agrees to permit Abelordbalagtas to use the Client’s website link in its newsletters, testimonials, portfolios, promotions, case studies and display the link as part of Abelordbalagtas marketing collateral. By subscribing to Abelordbalagtas web development and ecommerce services, the Client agrees to carry the ‘Powered by Abelordbalagtas ’ reference on their website footer section, with link to the Abelordbalagtas website.
Payment Terms: By agreeing to this Terms of Use, the Client will pay Abelordbalagtas, a onetime website setup fee as stated in the Pricing page. The Client will pay a monthly subscription fees to Abelordbalagtas for the subscribed services, as described in plan in effect at the time of this agreement. The Client also undertakes to pay all applicable taxes as per the latest regulations. Abelordbalagtaswill raise an invoice for the payments and provide clear instructions on how to make this payment. Failure to make payments would result in the discontinuation of services. Late payments would attract a minimum penalty of 2% and this would apply on a monthly basis, with retrospective effect. For Add-on Services the payment could be one-time or recurring in nature according to the type of work.
Warranty: Abelordbalagtas strives to provide Services in accordance with Industry standards and the deploy technology prevalent and widely accepted at the particular time of signing up for the Plan. The Services provided by Abelordbalagtas are consistent with the Industry standards and would continue to meet changing trends in the technology. However, Abelordbalagtas disclaims and client waives, any warranties, implicit or explicit as to the valuation of the website, fitness for use of a specific purpose, the scalability of particular features, non-infringement or any other warranty regarding the services provided. Abelordbalagtas will not be responsible for any possible damages that result from mistakes, omissions, interruptions, delays in updation or a failure in the expected level of performance. If there is an unreasonable delay of more than 7 days from the Client in providing the required feedback/information to finish the project, Abelordbalagtas shall be exempted from meeting any committed timelines.
Limitations of Liability: Unless proven conclusively that a major interruption to the Services provided by Abelordbalagtas was due to Gross negligence or intentional misconduct or failure to communicate, Abelordbalagtas’s liability to pay damages in order to compensate for the losses occurred to the Client, would be limited to two months of Subscription fees paid by the Client. Abelordbalagtas will have no liability whatsoever for any punitive, exemplary or special damages or losses or fines arising from the information provided by the Client or a disruptive event caused due to third party interference who may have an underpinning agreement to this Contract. Abelordbalagtas will also not be held liable for any damages due to hackers, viruses or malicious or accidental destruction of systems or data, although Abelordbalagtas would strive to prevent exposure to such risks. Abelordbalagtas would also not be held liable for Users and the general public posting their personal views and opinions on other Websites that could damage the reputation and the business of the Client.
Indemnification: Subject to the provisions hereof, the Client shall indemnify, defend and hold harmless from and against all amounts payable under any judgment, arbitration, statutory fees or penalties for Regulatory or Third Party claims brought against Abelordbalagtas and its licensors, arising from the products and services arising from this agreement. In the same spirit, Abelordbalagtas shall indemnify, defend and hold harmless from and against all amounts payable under any judgment, arbitration, statutory fees or penalties for Regulatory or Third Party claims brought against the Client arising from Gross misconduct or intentional malpractice of Abelordbalagtas.
Termination: This agreement would remain in effect unless either party formally communicates their desire to terminate this. The termination would take effect 30 days after submission of such a request and all amounts due are paid till the date of termination. If such a notice is not provided, the monthly subscription renewal charges would continue to be billed on the Client. On termination of this agreement, due to non-payment by the Client, the Client shall immediately cease to use all licensed content and marketing collaterals from Abelordbalagtas.
Jurisdiction: These Terms of Use would be governed in accordance with the latest laws and regulations applicable in Philippines (PH). The jurisdiction of this Terms of Use and any other agreement entered into by Abelordbalagtas would be the courts in PH.
