These Terms of Service (“Terms”) form a binding agreement between Tigernethost, OPC, a One Person Corporation organized under Philippine law with principal office at Tigernethost Building, OG Road, San Antonio 2003, Guagua, Pampanga (“Tigernethost,” “we,” or “us”), and the person or entity that opens an account or uses our services (“you” or “Customer”).
By registering for or using any Service you confirm you are at least eighteen (18) years old and legally competent to contract, and you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy.
Definitions
- Service means any product Tigernethost provides, including web hosting, domain registration, cloud, applications development, AI automation, cybersecurity, and IT consulting.
- Order means the online form, quotation, or signed document under which you subscribe to a Service.
- Customer Content means any data, software, files, or materials you upload to, store on, or process through the Services.
- AUP means our Acceptable Use Policy, as amended.
- Fees means the recurring, one-time, and usage-based charges for the Services.
Your account
You must provide accurate, current, and complete information when registering and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, whether authorized by you or not. Notify us immediately at [email protected] if you suspect unauthorized access.
We may verify your identity through documentary or electronic means and may suspend or terminate accounts that we reasonably believe were opened using false, stolen, or misleading information.
The Services
We will provide the Services with reasonable care and skill. The Services are provided on an “as available” basis. We do not warrant that they will be uninterrupted, error-free, or free from external attack.
We may from time to time modify, add to, or discontinue features of a Service. Where a change materially reduces a paid feature, we will give you at least thirty (30) days’ notice and, if you object, a pro-rated refund of any unused, prepaid fees for the affected Service as your sole remedy.
Availability commitments
We target 99.9% monthly availability for our shared cloud hosting, measured over each calendar month. If we fail to meet this target and you request a service credit in writing within thirty (30) days, we will credit your account as follows:
- < 99.9% and ≥ 99.0% availability: 10% of the monthly fee;
- < 99.0% and ≥ 95.0% availability: 25% of the monthly fee;
- < 95.0% availability: 50% of the monthly fee.
Service credits are your sole and exclusive remedy for availability failures. Credits do not apply to downtime caused by scheduled maintenance, upstream provider failures beyond our reasonable control, force majeure events, Customer error or misconfiguration, Customer Content or software, denial-of-service attacks against Customer Content, or suspension for breach.
Fees, billing, and taxes
Fees are quoted in Philippine Pesos (PHP) unless otherwise stated. You authorize us to charge your chosen payment method for all Fees as they become due. All Fees are inclusive of value-added tax (VAT) at the prevailing rate; any withholding tax you are required to deduct is your obligation and must be grossed up so we receive the invoiced amount.
Auto-renewal. Subscription Services renew automatically at the end of each billing term at the then-current rates unless you cancel at least five (5) business days before renewal.
Late payment. Overdue amounts accrue a late-payment surcharge of one-and-a-half percent (1.5%) per month or the maximum permitted by law, whichever is lower. We may also suspend Services once Fees are three (3) days overdue and terminate the account and destroy associated data thirty (30) days after suspension. We will send at least two notices to your registered email before termination.
Chargebacks. Filing a chargeback or payment reversal without first working with our billing team is a material breach. We will charge a chargeback administration fee of ten thousand Philippine Pesos (₱10,000) or the disputed amount, whichever is higher, and may suspend all Services pending resolution.
Refunds
Except where required by law, all Fees are non-refundable. Domain registrations, third-party licenses, one-time setup fees, and Fees for Services already rendered cannot be refunded. Account credit issued by us for goodwill is not redeemable for cash.
Nothing in these Terms excludes or limits your statutory rights under the Philippine Consumer Act or other mandatory law.
Cancellation
You may cancel a Service by submitting a written request through the client portal or by email to [email protected] at least five (5) business days before the next renewal date. Cancellation takes effect at the end of the current paid term; no partial refunds are given for early cancellation.
We may cancel or suspend a Service, with or without notice, if you breach these Terms or the AUP, if payment is overdue, or if we are required to do so by law or by an upstream provider.
Customer Content and backups
You retain all right, title, and interest in Customer Content. You grant us a limited, non-exclusive licence to host, transmit, cache, back up, and display Customer Content only as needed to provide the Services.
You are solely responsible for the accuracy, legality, and appropriateness of Customer Content and for maintaining independent backups. We provide server-level backups as a courtesy only; we do not guarantee their availability, completeness, or restorability, and we are not liable for lost or corrupted Customer Content from any cause.
On termination we will delete Customer Content after thirty (30) days unless a longer retention is required by law or ordered by a competent authority.
Acceptable use
Your use of the Services must at all times comply with our Acceptable Use Policy and with all applicable Philippine and international laws, including the Cybercrime Prevention Act of 2012 (RA 10175), the Data Privacy Act of 2012 (RA 10173), and the Anti-Child Pornography Act of 2009 (RA 9775).
We may investigate suspected violations, remove offending content, suspend or terminate the Services, and cooperate with authorities without incurring liability to you.
Support
We monitor the operation of the Services and the underlying servers we manage around the clock. Support requests submitted through our ticket system are accepted at any time; phone and live chat support are available during business hours (8:00am–5:00pm, Monday–Friday, Philippine time). Configuration of, and support for, any application-layer software (CMS, plugins, custom code) is your responsibility unless explicitly covered by a signed managed-services agreement.
Our support team may make one operating-system reload per Service per month at no charge; additional reloads may be billed at our then-current rate.
Intellectual property
The Services, our software, documentation, and branding, and all IP addresses issued to you, are and remain the property of Tigernethost or its licensors. You receive only a limited, revocable, non-transferable right to use them during the term of your subscription. IP addresses may not be transferred outside the Services.
Third-party services
The Services may rely on third-party products (including DigitalOcean, Cloudflare, Stripe, and domain registries). Your use of such products is also governed by their respective terms of service, and we are not responsible for their acts or omissions.
Disclaimer of warranties
Except for the express commitments in these Terms, the Services are provided “AS IS” and “AS AVAILABLE”and Tigernethost disclaims to the maximum extent permitted by law all warranties, whether express, implied, statutory, or otherwise — including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or availability.
Limitation of liability
To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or business opportunities, even if advised of the possibility of such damages.
Tigernethost’s total aggregate liability to you for all claims arising out of or relating to the Services or these Terms will not exceed the amount of Fees actually paid by you to Tigernethost for the specific Service giving rise to the claim during the six (6) months immediately preceding the event that gave rise to the claim.
Nothing in these Terms limits liability that cannot lawfully be limited, including for gross negligence, wilful misconduct, or personal injury caused by us.
Indemnification
You will defend, indemnify, and hold harmless Tigernethost, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable lawyers’ fees) arising out of or related to:
- your Customer Content;
- your use of the Services or breach of these Terms or the AUP;
- your violation of any law or of any third-party right, including any intellectual-property, publicity, or privacy right; or
- any dispute between you and a third party arising from your use of the Services.
We may assume exclusive control and defense of any matter subject to indemnification, at your expense, in which case you will cooperate fully.
Force majeure
Neither party will be liable for any delay or failure in performance (other than the obligation to pay Fees) resulting from causes beyond its reasonable control, including acts of God, natural disasters, typhoons, earthquakes, epidemics, war, insurrection, riots, government action, labor disputes, denial-of-service or similar network attacks, and failure of upstream carriers or utilities.
Term and termination
These Terms take effect when you first use the Services and continue until all Services are terminated. Either party may terminate for the other’s material breach if the breach remains uncured for fifteen (15) days after written notice; we may terminate immediately and without notice for breaches that cannot be cured (including AUP violations involving illegal content, active attacks, or repeated resource abuse) or for insolvency of the Customer.
Provisions that by their nature should survive termination — including Sections on Fees, Customer Content, Intellectual property, Disclaimer, Limitation of liability, Indemnification, and Governing law — will so survive.
Governing law and venue
These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict-of-law principles. The parties will first attempt in good faith to resolve any dispute through direct discussions for a period of thirty (30) days. If unresolved, the dispute will be submitted to the exclusive jurisdiction of the proper courts of Guagua, Pampanga, to the exclusion of all other venues.
General provisions
- Assignment. You may not assign these Terms or any Service without our prior written consent. We may assign these Terms to an affiliate or successor in a merger, sale, or reorganization on notice to you.
- Independent contractors. The parties are independent contractors. Nothing here creates a partnership, joint venture, agency, or employment relationship.
- Notices. Notices to you may be sent to your registered email; notices to us must be sent to [email protected] with a copy to our registered address.
- Severability. If a provision is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the least extent necessary to make it enforceable.
- Waiver. Failure to enforce any provision is not a waiver of the right to do so later.
- Entire agreement. These Terms, together with the Privacy Policy, AUP, and any signed order form, constitute the entire agreement between the parties and supersede all prior discussions and agreements on their subject matter.
- Amendments.We may amend these Terms from time to time. Where a change is material we will give at least thirty (30) days’ notice; continued use after the effective date constitutes acceptance.
Legal: [email protected] · Billing: [email protected]
