Terms Of Service

1. ACCEPTANCE OF AGREEMENT. It is mutually understood and agreed that this Advertising Contract shall become a contract between PPP Advertising Group, INC. and affiliates, hereinafter called Publisher, upon acceptance of the Contract by Publisher at its main office. Publisher may refuse to publish advertising if Advertiser is delinquent in any payment due to Publisher, or for such other reasons as Publisher, in its sole discretion may deem appropriate.
   
   
   
2. PAYMENT TERMS. Advertiser agrees to pay the charges for the advertising indicated on the reverse side of this Agreement, plus all state and local taxes attributed thereto. Payment of the advertising charges is due and payable upon presentation of a statement. Any amount not paid when due may thereafter bear a late charge at the rate of 1 ½% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. If the financial terms of this agreement provide for discounts for payment prior to publication, and the contemplated prepayment(s) are not made as promised by the Advertiser, such discounts will be added back to the total amount due from the Advertiser. The advertising charges will begin as prescribed to the terms of the sale. Disconnection of the telephone services does not relieve Advertiser of its obligation under this contract. While the publication life of a Directory is typically twelve (12) months, such period may be extended or reduced by Publisher in its sole and absolute discretion, and in such event, Advertiser's obligation to make monthly payments shall be extended or reduced in like manner.
3. ACCELERATION. Should Advertiser fail to make any payments when due, Publisher may, at its option, declare Advertiser in default and declare the entire balance owed by Advertiser to Publisher under this, or any agreement, immediate due and payable. Publisher may, at its option, assess a 1 ½% service charge on past due balances.
   
   
   
4. RIGHT OF CANCELLATION. Advertiser must submit in writing the intention to cancel within seven (7) days of the date of contract origination via certified letter to: PPP Advertising Group, INC., Room #1111, 2210 GS Don Chino Roces A Pio Del Pilar, Makati City, Metro Manila.
   
   
5. ADVANCE PAYMENTS. Publisher reserves the right to apply a portion or all of advance payments made by the Advertiser of cancelled copy (to outstanding balances or to offset out-of-pocket expenses).
   
   
   
6. EXTENSION OF CREDIT. Publisher may, but need not extend credit to Advertiser for purchase of the advertising requested, upon such terms and conditions as Publisher, in its sole discretion, deems appropriate. Publisher may require Advertiser to produce such financial information deemed necessary by Publisher to extend credit.
   
   
   
7. ASSIGNMENT. This agreement is between Advertiser and Publisher, and change in ownership, name, management or operation of Advertiser shall not dissolve the contract obligations under this Agreement. This Agreement may not be assigned by Advertiser without the consent of Publisher, which consent may not be unreasonably withheld.
   
   
   
8. COPYRIGHTS. Advertiser assumes sole responsibility for the protection of its copyright in any writing, illustration, design, map, photograph, or combination thereof included in said terms of advertising.
   
   
   
9. POLICIES. (1) Publisher reserves the right to revise its policies and practices, including the right to revise its directory headings and place Advertiser's directory advertising under the appropriate heading pursuant to such revision. (2) Publisher further reserves the right to revise or reject any or all advertising copy or illustrations. Publisher does not guarantee that it will provide Advertiser with a proof of directory advertising. NO SPECIFIC POSITION FOR DISPLAY ADVERTISING IS GUARANTEED IN ANY ISSUE. Publisher also reserves the right to change any or all publication dates of any or all directories at any time it deems necessary.
   
   
10. WARRANTIES. The person entering into this Contract for Advertiser warrants that he/she is authorized by Advertiser to do so, and on behalf of Advertiser represents and warrants: (1) that Advertiser is in compliance with applicable laws, including licensing requirements, (2) that Advertiser is a duly authorized agent for the product or service to be advertised, (3) that the use of any trademark, service mark, photographs, trade name or copyrighted material appearing in the advertising hereby contracted for has been authorized by the owner or owners thereof. Advertiser agrees that it will hold Publisher harmless from any and all claims and demands asserted against Publisher by reason of falsity of the forgoing representations, breach of the foregoing warranties, or by reason of the falsity of any portion of said advertising or the name or copyrighted material therein, and agrees to notify Publisher immediately, in writing of any change in such ownership or authorization. Advertiser further agrees to indemnify Publisher for any attorney's fees associated with any such claims and demands asserted against Publisher.
    
    
11. DISCLAIMER OF EXPRESS & IMPLIED WARRANTIES. There are no ties that extend beyond the description on the face of this agreement, as to either goods or services provided by the publisher. Publisher disclaims any implied warranty of merchantability or fitness for any particular purpose of the goods or services provided to the advertiser by the publisher. The use of any sample or model during the negotiations leading to this contract serves merely to indicate the type of advertising services being provided by the publisher. Such samples or models create no warranty that the goodfs and services being provided by the publisher shall conform to the sample or model.
    
    
12. LIMITATION OF LIABILITY. This agreement cannot be invalidated for typographical errors, incorrect insertions or omissions contained in the advertisement published. Furthermore, advertiser agrees that publisher shall not be liable for errors or omissions in directory advertising lost profit, direct or indirect, special, consequential, incidental, or contingent damages arising out of omissions or errors, except that publisher agrees to make adjustment to the advertising charges in adjustments to the charges will be beased upon the diminished value to the advertising as determined by publisher. The adjustments to the advertising charges may be made by a credit against future payments due from an advertiser. A credit against future advertising in publisher's director, or by refund if paid in full.
    
    
13. PROOF OF ADVERTISING COPY. Proof of display space advertising copy will be shown to Advertiser only when Advertiser specifically requests that proof be sent. If the proof is mailed to Advertiser and said proof is not returned to Publisher by Advertiser within the time set forth in the proof sheet, it is agreed that said proof shall be assumed to be correct. No ad proof copy is guaranteed to the advertiser for review if the contract origination date is less than 3 months (90days) from the publication date. Publication date is stated to be the 15th of the month designated as the directory issue date. REVISION TO AD COPY; Final revision of ad copy must be returned by indicated deadline date appearing on proof sheet. If final revision is not returned by said deadline date, Publisher will assume no responsibility for any errors appearing in the advertisement.
    
    

It is further agreed that advertising or voice copy furnished to Publisher must be acceptable to Publisher and the Publisher reserves the right at all times to reject any advertising or voice copy matter which it, in the sole discretion, deems objectionable. Furthermore, the parties hereto agree that no position in the directory is guaranteed for advertising. Publisher reserves the right to change any classification headings to maintain standardization of classifications that will best serve the purpose of the directory.

• ADDITIONAL TERMS. (a) Should legal action be required to enforce Advertiser's obligations under this Agreement, Advertiser agrees to pay reasonable attorney's fees and costs incurred by Publisher in such an action or any appeal thereof. (b) If any paragraph or portion of this agreement is declared invalid under applicable law that declaration shall not affect the remaining terms of the Agreement, and all other terms of this Agreement shall retain their full force and effect. (c) This Agreement and any interpretation thereof shall be governed by the laws of the Republic of the Philippines. (d) Advertiser agrees that any litigation or legal proceedings shall be in the venue of the Philippines. Judgment upon the award rendered may be entered in any court having jurisdiction thereof. (e) Advertiser agrees to pay all reasonable collection cost(s) incurred for the enforcement of this Agreement.
• BREACH OF AGREEMENT. Publisher reserves the right to cancel this Agreement, upon breach by Advertiser, which shall include, but nor be limited to, failure by Advertiser to make payments when due and pay all charges as agreed in this Agreement. In the event Advertiser fails to make payments to Publisher when due. Advertiser may be excluded from any subsequent issues of the directory.
• FINANCIAL INFORMATION OF ADVERTISERS AND GUARANTORS. The Advertiser and any and all undersigned guarantors hereby authorize Publisher to obtain such information as it may require concerning the undersigned corporate and personal credit and financial background. The Advertiser and any and all guarantors hereby waive any claim against Publisher and fully release Publisher from any liability by reason of any disclosure of such financial information.
• ENTIRE AGREEMENT AND MODIFICATION. These terms of agreement, the remedies and warranties herein contained and the invoice for the services provided, constitute the entire agreement between the Advertiser and Publisher. The remedies and warranties contained herein shall constitute the exclusive method of recovery by the Advertiser should there arise a dispute between the Advertiser and Publisher concerning this agreement. Neither the remedies, warranties nor the conditions contained in this agreement may be varied by the Advertiser. Neither party shall be bound by any oral Agreements or special arrangements contrary to the terms and conditions of this Agreement, and no agent or employee of Publisher has the authorit to vary any of the terms of this Agreement. Advertiser acknowledges these terms of agreement to be the complete, entire and final expression of the agreement between Advertiser and Publisher.
• SIGNATURE OF ADVERTISER. Advertiser's signature of acceptance contained on a facsimile copy of this contract and any related documents shall serve as the original signature of acceptance by the Advertiser, of the contract with Publisher.
• DISTRIBUTION. Publisher distributes to each community within the designated coverage area. Publisher also has the right to distribute Advertiser's advertisement by way of the Internet. No oral implication or written implication of specific placement is implied or guaranteed by Publisher or its employees, nor can such be assumed by the Advertiser.
• RETURNED CHECK. Advertiser's account will be frozen if payment is not sufficient. Advertiser's placement will not be guaranteed after thirty (30) days due to lack of payment. Publisher reserves the right to cancel all incentives, placement, and paging of Advertiser's contract.