1. USE OF SOFTWARE
Subject to these Terms and Conditions, Kabeet grants you a non-exclusive, non-transferable license to use the Software distributed with this Agreement during the term of this Agreement on a single designated computer. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Such license shall be, at Google's sole discretion, annual or monthly and is conditioned upon the receipt by Kabeet or its authorized reseller of full payment for the Software but shall be terminable as provided in these Terms and Conditions. Your rights in the Software are limited to those expressly granted in this Section 1. Your rights in the Software do not cover any broadcast or media use without execution of a separate agreement with Kabeet allowing you to do so. The geographical information made available for display using the Software is provided under a nonexclusive, non-transferable license for printing and use only by you. Any animations, movies, prints or screen outputs generated with the Software are for your use only. You may not use the Kabeet Software in any manner that could damage, disable, overburden, or impair Google's services (e.g., you may not use the Kabeet Software in an automated manner), nor may you use Software in any manner that could interfere with any other party's use and enjoyment of Google's services.

2. The Agreement and its Enforcement

This agreement governs the relationship between Kabeet and the SUBSCRIBER which defines the rights and obligations of both parties. Kabeet reserves the right to adjust, modify, amend or supplement this agreement as the service may require. This agreement shall take effect immediately upon submitting the "SUBMIT" button.

3. General Policy

a. The SUBSCRIBER hereby agrees that any material submitted for the publication to Kabeet does not violate or infringe upon copyright, trademark, patent, statutory, common law, propriety rights of others, contain anything obscene or libelous and is not in conflict or competition with Kabeet or any Kabeet affiliates services/products.

b. Kabeet reserves the right to withhold the release of any information of the SUBSCRIBER to any person or entity, except where required to be disclosed pursuant to any applicable law or legal process issued by any court of the rules by any relevant regulatory body.

c. Rights as well as the responsibility over the publication and decision on content of the directory information (whether full or partial) shall be given to the SUBSCRIBER upon enforcement as stated in paragraph 2 hereof unless otherwise specified on any other document considered substantial in this contract.

d. Kabeet retains the right to use the completed project and any preliminary designs for educational purposes, marketing materials, and portfolio. Where applicable, the SUBSCRIBER may be given necessary credit for usage of the project elements.

e. Any alteration or deviation from the Statement of Work and Specifications involving extra costs will be executed upon approval or modification of the SUBSCRIBER. Kabeet shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of the SUBSCRIBER, unusual transportation delays, unforeseen illness, or external forces beyond the control of the developer. If such event(s) occur, it shall entitle Kabeet to extend the completion/delivery date, by the time equivalent to the period of such delay.

f. Kabeet and the SUBSCRIBER shall conform to the standard web development process practiced by Kabeet.

g. Kabeet shall provide FREE directory listing service through www.kabeet.com to the SUBSCRIBER for a period of at least twelve (12) months. Other services subscribed shall be paid by the SUBSCRIBER prior implementation. The SUBSCRIBER upon submitting the "SUBMIT BUTTON" agrees to pay the corresponding amount of the service selected by all means available and shall be responsible in informing Kabeet of said transaction.

h. The SUBSCRIBER may be informed by Kabeet if any service is due to expire and renewal fee equivalent to the prevailing rate must be paid according to the required subscription period. Minimum subscription period shall be completed and obligatory to the SUBSCRIBER. If account remains unpaid after the due date, Kabeet shall impose a penalty equivalent to two percent monthly (2% a month) and remains to incur surcharges until said amount due is paid.

i. The SUBSCRIBER shall include the logo of Kabeet.com in all it's advertising materials refering to the service availed. Size of the logo for print material should be not less than 1/16 of the page surface. The SUBSCRIBER shall likewise allow the posting, display, sampling or distribution of any advertising materials of Kabeet.com other than its own advertising within its assets/properties through its agents, employees and the like.

4. The Service

Kabeet shall provide the service availed as identified by the SUBSCRIBER and agreed upon by Kabeet, or as conformed by the Subscriber.

5. Claims Period

The SUBSCRIBER must make claims for defects, damages, and/or shortages in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully accepted the final product together with its compliance with the terms, conditions, and specifications.

6. Proofing of Final Project

Kabeet shall make every effort to ensure that the final product is free of any errors, before showing all deliverables to the public and is uploaded in the internet. It is agreed that it is the SUBSCRIBER's responsibility to ensure that there are no errors contained in the final product. It is agreed that Kabeet is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.

7. Fees, Rates & Charges

a. The cost shall be according to what is shown on the registration/applicaiton form.

b. The SUBSCRIBER shall pay the corresponding fee as indicated whether in full or on a monthly basis

d. All payments not paid on the date due shall be charged with 24% per annum compounded monthly.

8. Billing and Payment

a. Payment - Payments for the services/products shall be made through the Kabeet officers; or an authorized representative bearing a written authorization to perform such transaction. Check payments shall be made in favor of Kabeet, or payments can be deposited at Metrobank Account Number 658-765-801177-0. A fax or photocopy of the validated deposit slips for payments made through the bank must be received by Kabeet at FAX No. 914-1208 before cut-off date. The SUBSCRIBER shall pay for his service charges and fees and any balance left thereafter for service fees and other charges on or before regular due date (first day is reckoned at the start of the construction phase as described in paragraph 8.b). Kabeet shall inform the SUBSCRIBER of his regular due date in the first bill, it shall be the responsibility of the SUBSCRIBER to know his/her outstanding balance through Kabeet and effect payment, without need of further demand, on or before the Regular Due Date.

b. Non-payment - Kabeet may suspend, redirect, and temporarily or permanently terminate the service of any the SUBSCRIBER for failure to pay any amount due to Kabeet on or before Due Date. Such suspension, redirection, or disconnection shall be without prejudice to any action available to Kabeet under other provisions of this agreement, or in law equity in order to recover all sums due and damages suffered by Kabeet for such non-payment.

9. Suspension

In addition to non-payment and the other grounds for suspension stated in this Agreement, Kabeet reserves the right to temporarily withhold any material, without prior notice to the SUBSCRIBER, in the following instances:

a. The Account is subject to suspension in the event that the SUBSCRIBER fails to remit payment on the date due. After such suspension, Kabeet shall bill the SUBSCRIBER until the date of full payments. Non-payment of the outstanding balance until a given period of time is subject to termination of the services unless the SUBSCRIBER notifies Kabeet of the desire to continue the service upon agreement to settle his outstanding amount due;

b. Violation of any of the provisions of this Agreement and regulations of Kabeet;

c. And other analogous causes.
10. Termination

a. Kabeet may terminate this Agreement without prior notice with immediate effect if at its own opinion the SUBSCRIBER breached of any terms and conditions of this Agreement, or if the SUBSCRIBER has provided any false or incomplete information to Kabeet. Any amount paid is non-refundable to cover as consequential charges. Said charges does not limit Kabeet in claiming other charges that are not included or sufficiently covered thereto.

b. Final Bill - in case the services is discontinued or terminated for any reason, all unpaid bills, applicable fees, and penalty charges shall immediately become demandable, without prejudice to the right of Kabeet to bill the SUBSCRIBER by way of supplementary bills for charges that it discovered after such termination and final billing of the SUBSCRIBER.

c. Account Cancellation - all requests for termination of accounts must be made in writing.

11. Amendments to this Agreement

Kabeet reserve the right to amend this agreement or revise the terms and conditions aforementioned at any time upon notice to the SUBSCRIBER in such forms as determined by Kabeet, including a change in rates and other value added services or special features in connection with this contract. the SUBSCRIBER hereby agrees that the venue thereof shall be proper courts of Pasig City to the exclusion of all other courts.