PagePH (KES Inc.) has the
responsibility to protect each client and provide them with the best
services available, the following guidelines were designed to insure
these responsibilities are meet. Use of PagePH (KES Inc.) Service constitutes acceptance
and agreement to PagePH (KES Inc.) TOS (Terms of Service).
As per General Provisions of contracts under Article 1305 and 1306 of the
Philippine Civil Code, This User Agreement is an “Agreement/Contract”
between PagePH (KES Inc.) “We, Company, Provider” and the party set forth in
the related order form “Customer, You, Client, User, End-User” and applies
to the purchase of all services ordered by the Customer by means of
Electronic Order “Order Form, Electronic Mail” or Formal Writing.
Changes of the said contract by the “customer” or Arrangements with
different Agreements and Terms made with a PagePH (KES Inc.) “Staff,
Personnel, Representative” that was not stated within this contractual
agreement should be governed by Article 1403 #2 of the Philippine Civil
Code. The following should be in a form of some memorandum in writing by the
Customer and Representative authorized by PagePH (KES Inc.).
Service Level Agreement (SLA)
All services provided by PagePH (KES Inc.) may be used for lawful
purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any Philippine and US
Federal, State or City law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to be threatening or
obscene, unlicensed software or files, or material protected by trade
secret and other statue. The subscriber agrees to indemnify and hold
harmless PagePH (KES Inc.) from any claims resulting from the use of the
service which damages the subscriber or any other party.
Examples of non-acceptable content or links:
PagePH (KES Inc.) will be the sole arbiter as to what constitutes a
violation of this provision.
- Pirated software
- "Illegal MP3's"
- Hackers programs or archives
- Warez Sites / Contents
- Child Pornography
2. Unlimited Traffic/Hits & Server Resource Usage:
PagePH (KES Inc.) is pleased to offer unlimited
traffic/hits, and server usage. Unlimited Traffic/Hits refers to the
number of visitors to a website, NOT the amount of bandwidth/data
transfer. Account's are still limited to the allotted bandwidth/data
transfer included on the users selected package.
To maintain the integrity of our service, traffic/usage limitations apply but
is not limited to the following. 1) Sites with immense graphic archives or
galleries (in GB's). 2) Sites offering immense download archives, such as .zip,
.tar, .ra and .GZ (in GB's). 3) Sites running large chat room gatherings. 4)
Sites using more than 20% of system resources.
If you do not qualify for unlimited traffic/hits, your account may be
required to be upgraded, or, your site may be moved to a different server,
to reduce the load on the server you are currently residing. Bandwidth/data
transfer will go unmonitored until the has reached its given account limit. Accounts
that has exceeded their limit would be suspended until the end of the month
or would be required and upgrade to resume service.
3. Chat Rooms:
PagePH (KES Inc.) does allow clients to install their own chat rooms.
However, these tend to be large system hogs and may fall into the usage
limitations clause. We do provide an html based cgi chatroom that runs
without hindering the performance of the machine for others. You are
free to run your own chat script, as long as it does not hinder server
4. Background Processes / Programs:
PagePH (KES Inc.) may allow programs to run continually in the
background, these are considered on a one to one basis and a extra
charge may be incurred based on system resources used and operational
maintenance needed. Cron Jobs are allowed to be conducted on our servers as
long as it does not hinder server performance.
PagePH (KES Inc.) does not allow IRC or IRC bots to be operated on our servers.
6. Multiple Connections:
Multiple telnet and ftp sessions are allowed, on a single hosting account. PagePH (KES Inc.)
may disconnect any idle connection to the network. Average timeouts are: FTP - 300 seconds
7. E-mail and Related Service Usage :
The Service may not be used for spamming, or the sending of unsolicited email, from a PagePH (KES
Inc.) server or using an email address that is maintained on a hosting
machine. Likewise, the sending of Spam from another service provider advertising a web site, email address or utilizing any resource hosted on PagePH (KES Inc.)'s servers, is STRICTLY prohibited. For general reference, we consider spam as any email that is sent
to more than 10 people at a time that did not ask for it to be sent to them.
You must not use false mail headers or alter the headers of mail messages in
such a way as to conceal the identity of the sender. We reserve the right to
ban the use of applications which allow the proliferation of unsolicited
email from our network.
PagePH (KES Inc.) reserves the right to subscribe / use multiple RBLs
(real-time blocking lists) and other server-wide spam and virus fighting
measures we deem necessary to automatically block such mails and attacks to
protect our clients and users. You hereby acknowledge and agree of PagePH (KES
Inc.) practice of blocking spam originators. PagePH (KES Inc.) bears no
liability for any damages that may arise for failure to block all spam and
for any costs or damages associated with any failure to receive legitimate
email due to our spam fighting measures.
PagePH (KES Inc.) implements security measures and offer anti virus
mail scanning to prevent programs that are meant to infiltrate, and or damage an
individual's computer, software and files. However, it is impossible to
protect against 100% of the virus threats, we therefore
cannot be held responsible for new and unknown viruses that are not detected
by our scanning software. For added protection and as your responsibility to
prevent virus infection, we encourage users to install an antivirus
software program on their computers. Given, PagePH (KES Inc.) will
not be held responsible if your domain name is reported for sending virus-infected e-mails
Please make an effort to limit outgoing mail on your account to no more than 2000 pieces
per DAY and no more than 30 pieces per minute. Large mailings are preferred to be sent
from the hours of 12AM - 8AM. Opt-In email is acceptable, as long as Opt-Out/Removal
request are fully honored.
PagePH (KES Inc.) will be the sole arbiter as to what constitutes a
violation of this provision.
8. Server Abuse:
Any attempts to undermine or cause harm to a server or customer of
PagePH (KES Inc.) is strictly prohibited. PagePH (KES Inc.) will pursue
legal action to the fullest extent for all abuse of the Network.
9. Suspension / De-Activation:
If any terms or conditions set forth by PagePH (KES Inc.) are failed to
be followed by "you, customer, user" is grounds for account suspension or
de-activation. PagePH (KES Inc.) will be the sole arbiter as to what
constitutes a violation of its Terms and Conditions. PagePH (KES Inc.)
reserves the right to remove, suspend, terminate any account without prior notice.
If your account is under investigation, We may restrict access in order to prevent
further potentially unauthorized activity. PagePH (KES Inc.) may, at its sole discretion,
restrict, suspend, or terminate a customer's account and/or pursue other civil remedies.
In the event that PagePH (KES Inc.) deactivates your account(s) for violating our
policy, your will forfeit your rights to a refund...and none will be given.
No refunds for advance payments, on de-activated accounts. Serious offenses
such as but is not limited to "spamming, hacking, illegal activity or any
other server abuse" may cause immediate de-activation.
10. Disclosure of information:
PagePH (KES Inc.) specifically prohibits the use of our services for
illegal activities. The Customer agrees that the Company may disclose
any and or all customer information requested to any law enforcement agent
who makes a written request without further consent or notification to
PagePH (KES Inc.) request our customers to pay bills before and not after
its due date. Fees for Services shall be in the amount and frequency set
forth in the Agreement. This Agreement is for the entire Initial Term and
applicable Renewal Term(s), and Client is obligated to pay the fees for
Services voluntarily selected.
We reserve the right to suspend an account that is thirty (30) days
past it's given due date. Client are required to pay a reactivation fee of
one hundred fifty pesos (P150.00) for suspended accounts. Any account left
unpaid for three (3) months is subject for account termination / data
deletion. PagePH (KES Inc.) will try to contact a customers by all means
before we terminate any account(s), it is your responsibility to keep us
updated of your current and accurate contact details.
If we receive partial payment of any such invoices, we will apply such payment
in the amounts and proportions to the outstanding charges. Our acceptance of any partial payment
by you does not mean that we waive our rights to collect the full balance
owed to us. If we are required to use a collection agency or attorney to
collect money owed by you, you agree to pay the reasonable costs of
collection or other action.
12. 30 Days Money Back Trial Policy:
Qualified for our 30 days money back are clients purchasing either (a) Mini
Plan (b) Value Plan (c) Starter Plan (d) Advance Plan (e) Supreme Plan.
Qualified accounts that is proven to have a valid reason for a refund may cancel their
account at any time during the trial period. During the
initial 30 Days trial period customers who wish to cancel will be
entitled to a full refund for their hosting fees minus 20% processing fee and any fees associated
to remit the refund.
We consider a non delivery of service or continuous downtime for several days as a valid ground for
refund. The following but is not limited to the said items are not acceptable reasons for a refund,
this includes slow connection that is not in the direct control of PagePH, any negligence or ignorance
of the service on the part of the client, failed delivery of a particular service that is not
advertised or approved by PagePH, excessive resource usage, any violations of PagePH TOS.
Any incentives offered to customers will also be canceled.
This trial policy shall not apply but is not limited to (a) Accounts that violates our Terms Of
Service (b) Business Plan (c) All Reseller Plan (d) Setup Fee (e) Domain Name
Registrations (f) Other Add-Ons and Non Hosting Services offered by PagePH (KES Inc.).
13. Refunds and Disputes:
Subject to applicable law, you must notify us via our online form on this
website of any billing errors, disputes and or other requests for refund
within thirty (30) days of the date on which the error occurred.
Fees charged on a prepay basis are non-refundable, this includes but is not limited to all
hosting services and domain name registration as well as other fees
associated with PagePH (KES Inc.) services. Once the initial trial period
has expired customers are not entitled to receive a refund. In addition
some accounts incur waived set-up fees, all these charges made payable to PagePH (KES
Inc.) are non-refundable.
In the event of interruptions to the Services caused beyond the control
of PagePH (KES Inc.) and does not fall under our Service Level Agreement
(SLA), PagePH (KES Inc.) will issue a credit in an amount equal to the
current monthly service fees pro rated by the number of
hours/days in which the service have been interrupted. Partial refunds
for partial downtime is our standard policy for cash refunds and service
credits that does not fall under our Service Level Agreement (SLA).
Customers may be given the option to convert cash refunds to service
credits to purchase services offered by PagePH (KES Inc.).
14. Limitation of Liability:
PagePH (KES Inc.) maximum liability under this Agreement for all
damages, losses, costs and causes of actions from any and all claims
(whether in contract, tort, including negligence, quasi- contract,
statutory or otherwise) shall not exceed the actual amount paid by the
Customer for the Services which gave rise to such damages, losses and
causes of actions during the 12-month period prior to the date the
damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation
between the parties of the risks (known and unknown) that may exist in
connection with this Agreement.
The terms of this section (14) including sections (1), (7), (8), (9),
(10), (11), (12), (13) shall survive any termination of this Agreement.
Service Level Agreement (SLA)
PagePH (KES Inc.) is proud to offer an exceptional level of performance,
reliability, and service. That is why we are making commitments to our
customers in the form of a Service Level Agreement (SLA) which provides
certain rights and remedies regarding the performance of the network.
This Service Level Agreement (SLA) applies to customers of PagePH (KES
Inc.) who purchased web hosting services and is in good financial standing
with the company.
1. Uptime: If PagePH Web Solutions fails to meet it's 99.5% uptime
guarantee, and it is not due to one of the reasons on section #2 of this
Agreement (SLA), partial downtime credits will be made available to each
client, upon request, on a case by case basis.
2. Exceptions: Customer shall not receive any credits under this SLA in
connection with any failure or deficiency with network caused by or
3. SLA Credits: Service Credit requests must be made by
emailing to. Each request in connection with
network/server outages/downtime must be received by PagePH within 1
week of the occurrence and computed on the total percentage for the current month.
- Circumstances beyond reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage, embargo,
"Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or
other labor disturbance, interruption of or delay in transportation,
unavailability of or interruption or delay in telecommunications or
third party services, failure of third party software and hardware or
inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of the Service Level Agreement.
- Telco Failure (ie...Verizon™ cutting a fiber line somewhere).
- Scheduled maintenance for hardware/software upgrades.
- DNS issues not within the direct control of PagePH (KES Inc.).
- Client’s acts or omissions, including without limitation, any
negligence, willful misconduct, or use of PagePH (KES Inc.) service(s)
in breach of Policy and Service Guidelines (AUP/TOS), by Client or
others authorized by Client.
- Router failure and Data issues that may require on-site Cisco™
engineers, data specialist or backbone provider emergency personnel to
correct the problem. Router failure is governed by our provider and
contracts with Cisco™, specialist and backbone providers in regard to
the emergency repair service in case of such an issue.
- Hardware Failure, PagePH (KES Inc.) stands behind all equipment on our
network. We utilizes only name brand hardware of the highest quality and
performance. Faulty hardware is rare, but cannot be predicted nor
The total percentage credited to a Client for PagePH not meeting SLA service
levels will not exceed the service fees paid by the client to PagePH (KES
Inc.) for such services for the period in question.
Service credits issued under this agreement are to be used for hosting
services only and does not cover add-ons and domain name services or any
other service offered by PagePH (KES Inc.). Each validly requested credit will be applied to a Client invoice within
30 days after PagePH receipt of such request.
PagePH Web Solutions (KES Inc.) will issue account credit to Client for
network/server outages/downtime occurring during any calendar month that
are reported by the Client to PagePH and confirmed by PagePH measurement
reporting. PagePH will issue a credit to customer in accordance with the
following schedule, with the credit being calculated on the basis of the
monthly service charge for the affected Services:
|99.5% - 100%||No Credit|
|98.5% - 99.4%||25% or 8 Days|
|97.0% - 98.4%||50% or 15 Days|
|95.1% - 96.9%||75% or 23 Days|
|0.0% - 95.0%||100% or 1 Month|
On-line problems occur continuously. There might come a time when you
cannot access your website or any other service. This is not necessarily
due to PagePH (KES Inc.). Perhaps your ISP is experiencing technical
difficulties, or there might be a routing problem between your ISP and
our network backbone, making communication difficult or impossible. We
cannot bear the responsibility of such problems. Our monitoring agents
determine the uptime of our service, and not any one client's
PagePH (KES Inc.) respects the privacy of every individual who visits
our Web sites, responds to our interactive advertisements or sends us
e-mail. This Privacy Statement outlines the information PagePH (KES
Inc.) will collect and how we will use that information.
1. PagePH (KES Inc.) will not collect any personally-identifiable
information about you (that is, your name, address, telephone number, or
email address) unless you provide it to us voluntarily.
The following are some examples of when PagePH (KES Inc.) may require
that you provide personally-identifiable information:
2. If you do not want your personally-identifiable information collected,
please do not submit it to us. If you have already submitted this
information and would like for us to remove it from our records, please
contact us at the email address listed at the bottom of this Statement.
We will use reasonable efforts to delete your information from our
- To complete an online order for a product or service (if you do not
wish to complete an online order form, we will always provide an option
for you to complete an order by calling our phone/mobile number).
- To request more information about new or current PagePH (KES Inc.)
products or services.
- To participate in any offers like Free Trials.
3. When you do provide us with personally-identifiable information, we may
use that information in the following ways, unless stated otherwise:
4. PagePH (KES Inc.) reserve the right to contact an existing customer for
any type of queries with regards but is not limited to account, billing
and usage issues.
- We may store and process that information to better understand all
customer needs and how we can improve our products and services for all
- We may use that information to contact you with new promotions that are in your interest
and is related to our services.
- We may contact you if we have questions about your account.
- To inform you for any type of announcement with regards to services offered by PagePH.
PagePH (KES Inc.) will never distribute or sell any personally-identifiable information to
Right for Modification and or Revisions
PagePH (KES Inc.) reserve the right to modify, amend and revise all stated
terms contained within this contractual agreement at our sole discretion
as deemed necessary without prior written notice. All official copy of this
policy are effective immediately upon posting of this document on this website
PagePH Web Solutions (KES Inc.) advise its customers and users to
regularly visit our website and review this policy to ensure that their
activities conform to the most recent version and that no violations are
made on any given provisions.
Revised and Effective: September 2006
For question or conflicts on any part of this agreement, Pls.