Terms and Conditions

As of August 8, 2018

Please read the following terms and conditions carefully. If you have any questions, feel free to contact us at admin@4dpla.net. All references to "service" shall mean "hosting service" only unless otherwise specified. The term "Company" shall at all times refer to Sylpi & Sophia Information Technology Services. The term "Client" shall at all times refer to you or any entity or persons that uses the services of the Company.

1. Services: The Company undertakes to provide the client with services as presented and agreed upon by both parties.
2. Service Availability Warning: The Company does not guarantee uninterrupted service. The availability of the services provided by the Company will be subject to unforseen conditions affecting the use of hosted services which are outside the control of the Company. By accepting this contract, the Client will be deemed to have considered and accepted this qualification with respect to the Client's application of the service to the use of life threatening applications that require high availability. The Client hereby releases the Company from all claims it may have against the Company in the future arising from damage or losses suffered by the Client as a result of interruption of service due to conditions beyond the control of the Company.
3. Payments
   1. Activation: Payment should be made before the activation of service is made unless special written conditions were agreed upon by both parties.
   2. Billing: The client will receive an invoice indicating the amount due for the services rendered. This is sent 15 days before the end of the billing cycle and is due at the end of the billing cycle. All service payments must be made by direct debit or by Visa or Mastercard, unless service is a business account and prior arrangements have been made. Payment is due in full upon billing. Accounts are considered active until canceled by the Client. All credit cards will be charged automatically for each billing period. Billing/invoice statements will be sent via e-mail. NSF cheques will be assessed a $10.00 handling fee. If your account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
   3. Late fees: If the client failed to pay the company the required fee on the due date, an overdue fee will be charge which is $10.00 or 6% of the unpaid bill including any unpaid overdue fees in the past.
4. Change in Terms: The company reserves the right to change the terms and conditions as required to conform with changes in Government Regulations, such action to be taken only in so far as such changes in regulations affect this contract.
5. Applicable Law: You agree that this service is governed by the Philippine law and applicable International laws. You agree that the province of Cavite, in which the registered office of the Company is located shall be the forum for any legal action relating to the services provided.
6. No Redistribution: You are not permitted to resell or redistribute the services to other parties without prior written consent. A violation of this term will result in the immediate termination of your contract.
7. Client responsibility: The Client is responsible for
   1. Creating their own back-up copy of any important or critical information that they may have stored on the hosted services.
   2. Establishing, maintaining, modifying and protecting your account information such as but not limited to the user name and password.
   3. Ensuring that battery backup is available to your computer or devices that are needed to access and monitor your hosted services.
   4. Ensuring equipments and devices used to access the hosted services are adequately protected such as adequate virus and spyware protection to the Client's system to ensure that the hosted services will not be affected by any disruption.
8. Illegal or Inappropriate Use of the Service:
   1. Any Internet activity, which references back to the Company or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the Company or an account or services provided by the Company will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
   2. Clients are responsible for the content of messages sent from their account, whether sent as mail or as electronic postings.
   3. Clients shall not use their account to create or distribute any images, sounds, messages or other material, which are or may be considered in law to be obscene, pornographic, harassing, racist, malicious, fraudulent or libelous, nor use the account for any activity that may be considered unethical, immoral, illegal or against the public interest
   4. Clients shall not intentionally seek information about, browse for, obtain copies of or modify files, passwords, tapes or any electronically or digitally formatted or stored information belonging to other individuals, businesses or corporations, no matter where they are located, unless specifically authorized to do so by the owners of or persons having control over such information.
   5. Clients shall not attempt to decrypt any encrypted material unless authorized to do so.
   6. The use of your account to send out any bulk and or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 25 or more recipients where the recipient has not specifically requested such e-mail. Any violation of this policy may result in rate limiting or reducing the number of allowed outgoing mails, blacklisting your email or immediate termination of your account, at the sole discretion of the Company If you violate this spamming policy, you will be assessed the following fines and penalties, which you hereby agree to pay:
      • First offense: $100.00
      • Second offense: $500.00 and automatic termination of your account.
   7. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. Posting to any newsgroup in contravention of the newsgroup charter is prohibited. The Company reserves the right to determine whether a post constitutes a prohibited act. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by the Company.
   8. Impersonating another Client or otherwise falsifying one's Client name is strictly prohibited.
   9. A violation of any term in this section will result in the immediate termination of your service.
9. Remedies and Penalties: The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts canceled due to breach by the Client of any term or condition of this contract. The Company reserves the right to refuse service to anyone at anytime for any reason. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, you shall be held liable for any and all costs incurred by the Company as a result of your violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorney's fees and costs resulting from Admin responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for Admin responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is $150 per hour, with a minimum one (1) hour charge, plus $1 for each bulk-email or Use net message sent, plus $1 per complaint received. These rates are subject to change at any time without notification.
10. Common Use Policy: The Client agrees that the personnel of the Company and its sub-contractors (together recognized as the "Service Providers") will be allowed at their sole discretion to install, upgrade, repair and maintain the hardware being leased (the "Equipment") and other equipments connected to the leased hardware to:
    • provide service to the Client; and
    • operate the network for the benefit of, and to provide services to, all Clients.
    For services that requires special device installed at the Client's premises, the Client specifically agrees to:
    • Provide space sufficient to install the Equipment on its premises
    • Allow the Service Provider free access to the Facilities over the internal road system located on the remainder of the Client's property from a public road abutting the Client's property.
    • Allow the Service Provider to access outdoor Equipment at all times.
    • Where applicable, provide access to the interior of the Facilities during regular hours of operation for the Service Provider to maintain the Equipment, its power and network connections.
    • Provide reasonable care and protection for the Equipment
    • Prevent anyone from moving, altering or modifying the Equipment, its installation and configurations
11. Effective Date: This Agreement is effective upon the date it is executed by both parties, whether or not the Client uses the Company's services, and continues in full force and effect until service terminated by either party. If either party terminates this Agreement, the client are still responsible for any charges on their account
12. Termination: If at any time during the term of this contract the client failed to abide by all or any of the terms and conditions in this agreement, Sylpi & Sophia Information Technology Services reserves the right to immediately cancel your account. The contract may be terminated at any time for default in payment but fees for the remaining contracted period are due in full. In the event the client want to cancel the Service, the client must notify the Company in writing, no later than thirty (30) days prior to such cancellation, provided that such cancellation shall be deemed to be effective no earlier than the date upon which the term of this agreement or any subsisting renewal thereof expires. This notice must be e-mailed, faxed or mailed to the Company or otherwise delivered in accordance with the Company's policies.
13. Renewal: All contracts other than a seasonal contract will be automatically renewed at the expiry of the term for a further term of the same length unless canceled in writing by the Client. Notice of cancellation in respect of contracts having a term of 12 months or longer must be received by Sylpi & Sophia Information Technology Services no later than 30 days prior to expiry of the term. Month to month contracts will be effectively canceled at the end of the month term occurring next after 3Odays after receipt of notice of cancellation. The Company reserves the right to refuse to renew this contract upon the expiry of any term or renewal term and the right to renew a contract on altered terms on notice in writing to the Client delivered no later than 15 days prior to expiry of the 12 month term.
14. Equipment: With the exception of equipments specifically sold to the client, all equipment supplied on client premises by the Company to provision the Service remains the property of Sylpi & Sophia Information Technology Services or its agents. Any equipment belonging to the Company that is not returned upon termination of service will be billed to the Client at full acquisition cost.
15. Prior Agreements Void: This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
16. . Warranty: In providing services. The Company, its officers, directors, employees, representatives and agents, make no representations or warranties except as expressly stated herein and EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SECURITY, AND SHALL NOT BE LIABLE TO THE CLIENT FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM PROVISION OF OR FAILURE TO PROVIDE THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, RELIANCE ON INFORMATION OBTAINED THROUGH THE INTERNET, INTERRUPTIONS IN SERVICE FOR ANY REASON, DELETION OF FILES OR E- MAIL, LOST DATA, UNAUTHORIZED ACCESS TO THE CUSTOMER'S RECORDS OR FILES, ERRORS, DEFECTS, DAMAGES TO COMPUTERS AND STORED INFORMATION DUE TO VIRUSES, DELAYS IN OPERATION OR TRANSMISSIONS OR ANY OTHER FAILURE OF PERFORMANCE.
17. Binding Agreement: This agreement shall be binding upon the successors and assigns or, as the case may be. the heirs and personal representatives, of the Company and the Client.
18. Privacy Policy: Please read our privacy policy here.

Contacting Us

If there are any questions regarding this terms of condition, you may contact us using the information below.
Website: http://www.vioxys.com
Email: admin@vioxys.com
Cellphone: +63 (920) 288-8822