1. Terms and acceptance
By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between ROC.PH and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
This Site is controlled and operated by ROC.PH Digital Marketing Services (“ROC.PH”) from its offices within the Philippines. ROC.PH makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside the Philippines are responsible for compliance with all applicable laws.
2. IP Ownership / Use license
The material provided on this Site is protected by law, including without limitation, Philippines Copyright law. The copyright in all material provided on this Site is held by ROC.PH. Except as expressly permitted by ROC.PH, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of ROC.PH or the copyright owner.
Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You may not:
· Modify or copy the materials
· Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
· Attempt to decompile or reverse engineer any software contained on ROC.PH’s website
· Remove any copyright or other proprietary notations from the materials
· Transfer the materials to another person or “mirror” the materials on any other server
This permission shall automatically terminate if you violate any of these restrictions and may be terminated by ROC.PH at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. ROC.PH reserves the right to terminate your account at any time for any reason.
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of ROC.PH’s proprietary rights in them
THE MATERIALS ON ROC.PH’S WEBSITE ARE PROVIDED “AS IS”. ROC.PH MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ROC.PH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL ROC.PH OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON ROC.PH’S INTERNET SITE, EVEN IF ROC.PH OR A ROC.PH AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ROC.PH UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
5. Revisions and data errata
The materials appearing on ROC.PH’s web site could include technical, typographical, or photographic errors. ROC.PH does not warrant that any of the materials on its web site are accurate, complete, or current. ROC.PH may make changes to the materials contained on its web site at any time without notice. ROC.PH does not, however, make any commitment to update the materials.
ROC.PH has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ROC.PH of the site. Use of any such linked website is at the user’s own risk.
8. Governing law
Any claim relating to ROC.PH’s web site shall be governed by the laws in the Philippines without regard to its conflict of law provisions.
10. Ownership, trademarks & provided assets
You own all graphics and files we create during any month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to ROC.PH that all materials provided do not infringe on the intellectual property rights of third parties.
You agree to indemnify, defend, and hold harmless ROC.PH and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
11. Don’t abuse the ROC.PH
ROC.PH is designed for the reasonable use of a single individual from a non-creative based small business. We are not meant to replace a full-time graphic designer – so use your common sense!
If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic we reserve the right to cancel your account.
Your right to use the ROC.PH services shall terminate upon your breach of any term of this Agreement.
12. Output files
While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. ROC.PH is not responsible or liable for any losses or expenses incurred from errors or omissions.
13. Sample work
By default, you agree to provide ROC.PH with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to firstname.lastname@example.org.
15. Work and delivery output
While we can accept 1, 5, 10, 50, 100 or even unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.
16. Digital Millenium Copyright Act (DMCA)
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
ROC.PH Digital Marketing Services
Blk98 Lot25 Beaumont Street
Village 3 Metro South Subdivision
General Trias, Cavite
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
17. Review the knowledge base
Finally, you agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our tool works and its scope of service.
Unless otherwise specified in the Agreements, the usage of “us”, “we” and “our” shall refer to ROC.PH and all its parents, subsidiaries, successors and assigns (unless otherwise specified, “ROC.PH Digital Marketing Services.” and “ROC.PH” shall have the same meaning and shall be interchangeable). The usage of “you”, “your”, “they” and “them” shall refer to the Customer of ROC.PH.
You hereby acknowledge that you have read the Agreements and fully understood the contents thereof. You also acknowledge that you agree to the terms and conditions of, and will comply in good faith with the Agreements.
ROC.PH does not tolerate pornography, spamming the internet, phishing and other illegal activities. ROC.PH reserves the right to terminate these kind of websites right away at our discretion to preserve the integrity of the Company and Service.
A. Agreement for Services
1. ROC.PH will provide, and Customer will purchase and pay for, the plan package services (the “Service” or “Services”), according to the service fees specified in the online order form (“Order Form”) for the applicable Service Description. Customer acknowledges that the service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreements. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in the TOS.
2. ROC.PH reserves the right to refuse or discontinue service to anyone at its sole discretion.
3. ROC.PH may modify technical specifications applicable to the Services so long as such medications do not result in any significant changes to the features and functionalities of the Services.
1.Customer agrees to be bound by the service term selected on the Order Form or via applicable promotional codes that may require Customer to order ROC.PH’s Service for a certain minimum period of time (“Term”). Customer agrees to pay, in advance for a monthly, quarterly or yearly service term, for plan package services to be rendered.
1. Establishment and provision of Service is contingent upon receipt of payment from Customer to ROC.PH. Customer must pay in full for the Services before ROC.PH shall begin to provide the Services to Customer.
2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
3. Customer agrees to pay all taxes applicable to the account, and agrees to a no-refund policy, as provided in Clause G below.
4. Renewal notice/Invoice shall be sent to the Customer five (5) days before the expiration of the Term. If prior payment was made by credit card, any renewal or recurring billings shall be charged automatically on the date the invoice is sent. ROC.PH may apply the amount due at any time to the credit card listed on file.
5. Unless otherwise expressly provided, all monetary amounts to which the Agreements refer shall be in Philippine Pesos.
6. ROC.PH payment modes are Paypal, credit cards, bank deposit, checks and cash paid in our office. Read https://www.roc.ph/payment.html for details.
7. Except only on the ground of double payment, disputed charges to your credit card issuer, also known as chargebacks, which, in ROC.PH’s sole discretion, are invalid under the terms and conditions of this Agreement, shall result in Service suspension or interruption, subject to reconnection fees to restore the desired service. All credit card disputes based on prior payment must be reported within sixty (60) days from the time the fees were charged to the credit card
E. Delinquent Accounts.
1. Failure to pay Invoices due on Plan Packages and Other Services shall result to the suspension of the Service three (3) days after the due date, and then termination five (5) days after the due date.
2. ROC.PH is not and shall not responsible for data integrity for any accounts that are suspended, interrupted, disconnected or terminated for non-payment of Services.
3. The termination or suspension of the Service shall not relieve you of responsibility for the payment of all accrued service fees, and any collection fees to which ROC.PH may be entitled under the Agreements or under applicable law. Overdue amounts may be turned over to an external agency for collection, in which case you agree to pay to ROC.PH a “Processing and Collection” Fee of not less than One Thousand Pesos (Php 1,000.00) or more than Five Thousand Pesos (Php 5,000.00). Returned checks shall be charged a service fee of Php 1,000.00
F. Account Cancellation.
1. Customers may voluntarily cancel their account at any time, with or without any reasons, subject to the following:
a. Plan Packages Request for cancellation can be sent anytime to email@example.com .
b. Other Services. Request for cancellation shall be sent to firstname.lastname@example.org five (5) working days before the renewal date.
c. Enterprise. Cancellation is subject to terms outlined in the Enterprise contract.
2. You understand and agree that ROC.PH does not provide any refunds, pro-rated or otherwise, in connection with cancellations, pursuant to Clause G below. No more charges shall be billed to the account upon cancellation. However, cancellations made on or after the renewal date shall be subject to renewal fees.
G. Refunds and 30-Day Guarantee.
1. Except as explicitly provided in this section, all payments to ROC.PH, including, but not limited to, setup fees and annual fees regardless of usage, are non-refundable.
2. Without waiving any of its other rights under the Agreements, ROC.PH offers to its Customers a one-time 30-day money-back guarantee (“30-Day Guarantee”) ONLY on fees for plan package services, but NOT including any of the following fees: (a) Setup fees; (b) Fees for domain name registrations; (c) Fees charged for exceeding your allotted disk storage space or bandwidth; (d) SSL certificate fees; (e) Enterprise Web design fees; (f) Enterprise marketing fees; (g) Any add-on services, features, software; and (h) Any other fees for services involving a third party. You may not transfer or assign the 30-Day Guarantee to any third party.
3. You are entitled to a maximum of one (1) 30-Day Guarantee. The 30-Day Guarantee applies only to your first order of Plan Package services from ROC.PH Digital Marketing Services. Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of plan package do NOT make you eligible for an additional 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, whether or not in relation to your existing account, your existing account will be canceled, but no money will be refunded to you.
4. The 30-Day Guarantee may be availed by the cancellation of account within thirty (30) days from the start of the Term, by sending a cancellation request email to email@example.com , as provided in Clause F above. If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without our prior express written approval.
5. You will not be eligible for the 30-Day Guarantee if you violate any of the provisions of the Agreements. You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
a. Creating multiple accounts, using the same customer name or different customer names;
b. Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
c. Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
d. Knowingly providing false or misleading information when you register for your account; or
e. Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
H. Violation of Laws
1. Customer represents and warrants to ROC.PH that it has complied, and will comply, with all applicable laws and regulations, of any applicable jurisdiction, including but not limited to the Philippines and the United States of America, and that each party has not engaged in, and shall not engage in, any illegal or improper action, and has not made, and shall not make, any improper payment to influence or effectuate any contracts regarding the Services and/or the Agreements.
2. Customer agrees not to engage in any activity that violates any international or local laws applicable to the Services described in the Agreements. ROC.PH reserves the right to discontinue the provision of Services to any Customer that it deems, in its sole discretion and/or upon notice by the proper party or government authority, to have violated any conditions of the Agreements or applicable laws. ROC.PH will cooperate with all law enforcement agencies in relation to alleged violations of laws.
I. Back-ups and Maintenance.
1. Customers are responsible for maintaining their own set of back-up files. Nevertheless, ROC.PH does back-up Plan Package accounts with hosting service daily, but these back-ups are intended solely for ROC.PH’s administrative purposes.
In the event that you need to recover data from a back-up, ROC.PH will use reasonable efforts to restore data to your account from the appropriate back-up. However, this service is not intended to replace or substitute for your own set of back-ups. ROC.PH does not guarantee the availability, completeness, currency or integrity of its back-up files. You understand and agree that ROC.PH’s back-up policy does not create, and ROC.PH disclaims any warranties, expressed or implied, for which ROC.PH can be held liable.
ROC.PH does not provide compensation of any kind for lost, inaccurate, incomplete, or outdated data in the event that ROC.PH back-ups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of ROC.PH or any of its employees or agents, and regardless of whether ROC.PH had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
ROC.PH does not provide back-up on Enterprise and back-up responsibility entirely rests on the Customer.
2. ROC.PH may, at its sole discretion, suspend the Services in cases of network or equipment modification, preventive or emergency maintenance, or as may be required under the circumstances or applicable law.
Customer agrees to defend, indemnify and hold harmless ROC.PH, its parents, subsidiaries, officers, employees, agents, successors or assigns, against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which we may become subject and which Losses arise out of, or relate to the Agreements or Customer’s use of the Services, and to reimburse us for all legal and other expenses, including reasonable attorneys’ fees we incur in connection with investigating, defending, or settling any Losses whether or not in connection with pending or threatened litigation in which we are made a party.
K. Limitations of Liability / Disclaimer.
1. ROC.PH shall not be liable under any circumstances to you or any person claiming through you or any direct, indirect, incidental, special or consequential damages, punitive or exemplary damages, or for any loss of profits, loss of revenue, loss of use, or loss of data resulting from the use of ROC.PH’s services by customer or third parties, regardless of the form of action or theory of liability, or any loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions.
2. ROC.PH provides the services and products as is, without warranty of any kind, whether expressed or implied. ROC.PH disclaims all warranties of non-infringement of any third party rights, and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Customer shall be solely responsible for the selection, use, and suitability of the services and ROC.PH shall have no liability thereof.
3. To the maximum extent permitted by law, ROC.PH disclaims all warranties, representations or other endorsements, expressed or implied, with regard to the information accessed from, or through, this services, the systems which provide it and the Internet. ROC.PH does not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed through its services, its systems, its networks, or the Internet.
L. Force Majeure.
ROC.PH shall not be liable or deemed to be in default for any delay or failure in performance of its obligations under the Agreements or other documents, or interruption of Service resulting directly or indirectly from acts of God, civil or military authority, any law, order proclamation, regulation, ordinance, demand or requirement of any governmental authority, acts of public enemy, war, terrorism, riot, civil disturbance, insurrection or other violence, explosion or other casualty or accident, fire, explosion, earthquake, flood, the elements, strike or labor dispute, shortage of suitable parts, materials, labor or transportation, magnetic interference, interruption of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of ROC.PH.
M. Abuse of ROC.PH Staff or Support Personnel.
1. ROC.PH takes pride in providing excellent service to all its Customers. It is our policy to treat our Customers with the highest level of respect and courtesy, and, in return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate the Service for abusive conduct, customers will be given five (5) days’ notice to find a new service provider. We will issue a refund only for the unused portion of pre-paid service.
2. Abusive conduct includes, but is not limited to, the following behaviors: (a) Repeatedly addressing members of our staff in a demeaning or rude manner; (b) Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication; (c) Yelling or shouting at our staff; (d) Deliberately using all capital (uppercase) letters in any written communication to our staff; (e) Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or (f) Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
N. No Waiver of Rights by ROC.PH.
No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to ROC.PH under the Agreements shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein; nor shall the action of ROC.PH in respect of such default or circumstance, or any acquiescence by it thereto, affect or impair any right, power or remedy of ROC.PH in respect of any other default or circumstance, whether similar or not.
O. Governing Law.
The Agreements shall be governed by and construed in accordance with the laws of the Philippines, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
1. From ROC.PH to Customer. ROC.PH will notify you by e-mail of any notices that ROC.PH is required to provide to you under this Agreement, at the most current e-mail address you have provided to ROC.PH. By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that ROC.PH has your most current e-mail address, and ROC.PH shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that ROC.PH sends to the most current email address you have provided to ROC.PH.
2. From Customer to ROC.PH. Unless otherwise specified in this Agreement, notices to ROC.PH shall be sent to the following mailing address and email:
ROC.PH Digital Marketing Services
Blk98 Lot25 Beaumont Street
Village 3 Metro South Subdivision
General Trias, Cavite
1. Management Department
a. HR Team: firstname.lastname@example.org
b. Finance & Accounting / Billing Team : email@example.com
2. Client Services Department
a. Sales Team: firstname.lastname@example.org
b. Accounts Team: email@example.com
c. Business Development Team: firstname.lastname@example.org
3. Digital Operations:
a. General Inquiries: email@example.com
Q. Entire Agreement.
1. The Agreements comprises the entire agreement between you and ROC.PH, and supersedes any prior or previous agreements between you and ROC.PH with respect to the subject matter of the Agreements; provided, however, that you agree that you shall be subject to any additional terms and conditions of which ROC.PH notifies you from time to time, pursuant to the Agreements.
2. The Agreements may not be modified orally.
Customer shall not assign or attempt to assign its obligations under the Agreements without ROC.PH’s prior and express written consent to such assignment. ROC.PH may assign any or all of its rights and obligations under the Agreements at any time without prior notice to or consent of Customer.
S. Arbitration and Venue.
1. Any controversy or claim arising out of or relating to the Agreements or any breach thereof in excess of PhP 15,000.00 shall be settled by arbitration in competent courts of City of General Trias, Cavite, Philippines.
2. Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to the Agreements, or the breach thereof, shall be proper only be in City of General Trias, Cavite, Philippines, to the exclusion of all other courts, venues and/or jurisdictions.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.