Terms of Service
This document was last amended on April 26, 2020.
These Terms of Service (the ‘Agreement’) are an agreement between you – the user of our web development and related services (collectively, the ‘Services’), and Spearhead, the trade name of FGLM Consulting Company, a Philippine-based company registered with the Securities and Exchange Commission.
For the sake of brevity, Spearhead and FGLM Consulting Company. will be referred to as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’ in this document. Spearhead.ph will be referred to as ‘Platform’.
Web Hosting Services
A web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs offer also periodic backup and archiving.
The Service Provider offers only web hosting services, not data storage services. A web hosting service consists of the following:
- Disk Space – We use a clustered storage technology. This means that the storage resources of a hosting plan purchased from us are not confined to a single server, but are distributed between multiple machines. This way optimal performance is guaranteed and higher server stability. It also ensures that you will be able to avail of all the storage quota that has been assigned to your particular account. Additional disk space is available as an upgrade option. Payment is accepted only in advance per year. Contact sales for more information.
- Traffic – Each hosting plan includes prepaid monthly traffic in Megabytes. This traffic quota is shared between all sites hosted in a single account. In case that a hosting account exceeds its allowed traffic quota, it will be suspended until the beginning of next month when the quota will refresh automatically. Additional traffic is available as upgrade. Contact sales for more information.
- Hosted Domains – the Service Provider’s hosting plans include domain hosting. Each hosting plan allows a particular number of domains that can be hosted.
- Domain Registration/Transfer – available at regular or a discounted price (depending on the chosen TLD) with the purchasing of a web hosting account. Each account can host a maximum of one discounted domain name. Domain registrations are final and are not subject to refund. More information regarding domain names can be found further in this TOS (Terms of Service), in our Domain Name Registration Agreement and in the Domain Name Dispute Resolution Policy.
- E-mail accounts – different number of e-mail accounts are available for setup with each web hosting plan.
- MySQL/PostgreSQL Database(s) – MySQL databases are included in all web hosting plans. Additional databases are available as upgrade. PostgreSQL databases can be either included or optional. Contact sales for more information.
- Database Storage – Each hosting account offers unlimited MySQL database storage. However, accounts with very large single databases can affect the overall server performance. Thus, it’s recommended that each database is kept under 200 MB in size. For accounts with databases over 500 MB in size, the Service Provider may request that the number of total database usage be reduced to ensure proper performance or may terminate the account, with or without notice.
- IP Address – the Service Provider’s hosting accounts do not include dedicated IP addresses, unless listed in plan features. Dedicated IP addresses can be purchased at any time as an upgrade to the web hosting service provided by the Service Provider. Dedicated IP addresses are purchased for a period of at least one year and are non-transferable to other web hosting providers. Contact sales for more information.
NB: Please note that according to IANA – the entity that coordinates the global pool of IPs, newly requested dedicated IP addresses must be used within 7 days of their allocation. So, if you request a dedicated IP address from your Control Panel and do not assign it to a host within 7 days of the allocation date, then the IP address will be taken back to the global pool of IPs. If so, you will need to re-request the IP address from the Dedicated IP Addresses section of your Control Panel.
NB: Due to IANA limitations for the Australian network space, dedicated IP address will not be available with a web hosting account which is ordered in the Australian data center.
- SSH – In case your hosting account does not include SSH, please contact sales department for more information on how to obtain it. Payment is accepted only in advance per year.
- ID Protection – This service ensures that your private contact information will not be visible in the domain’s WHOIS details. Optional for all hosting plans, but available only with certain TLDs, supporting this option.
Web Management Services
Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for:
- Hacked sites cleaning and restoration service – If you find your website hacked or reported to be infected you can rely on our help getting this fixed for you. This service included a backup of the current content, cleaning and/or restoring broken files from original script installation or restore from a previous copy.
- Script, theme, plugin installation service – If you need any software installation, theme/template or even plugin installation that you do not wish to deal with, we can do it for you. We will backup the current site (if any) and complete the desired installation for you.
- Scripts troubleshooting and debugging services – In case you have an issue with a software that you are unable to handle, we can do the troubleshooting and fix it for you.
- Manual files, database or emails transfers between hosting accounts using our services. If you want to move a site or few over to another account we can handle the migration for you hassle free.
The Installation & Troubleshooting will not apply in the following cases:
- Our installation service covers only fresh installations (no upgrades). We will not perform custom work or upgrade to a recent version on an already existing scripts.
- The service will not include any configuration of the scripts beyond their installation. After the scripts are being activated and operational any further tweaking and setup is done by the client.
- We will only provide installation and troubleshooting if the hosting is provided by us on our Linux Based Servers. We do not provide the service for any Windows, Linux and MAC servers which are not powered and managed by us.
- We don’t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended.
SEO Management Services
Through the Platform, Service Provider may offer SEO services or other services. Service Provider uses reasonable efforts to provide these services to you; however, all services provided depend on innumerable factors and market variables that are outside of Service Provider’s direct control. For these reasons, all services offered are not guaranteed and are offered “as-is”. Where you decide to use any services offered by the Platform, you agree that we make no guarantees including but not limited to web placement, rankings, or any profits. You understand that the services offered may have variance, be inexact, cause negative effects, or be otherwise incorrect. An increase in search engine ranking, increase in business, or any other associated benefits are neither implied nor guaranteed. Website rankings or results may vary by region, search engine, or fluctuate based on factors outside of our control. Due to the nature of our services, you agree:
- Service Provider is not responsible for any changes made to a company’s website that adversely affects the search engine rankings of the company’s website.
- Service Provider has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future and company may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Service Provider cannot and does not guarantee any position change, fixed position, or position increase for any keyword, phrase, or search term.
- Service Provider makes no representations as to any profits or increased business as related to a company’s use of the services.
- Service Provider has no control over any actions or inaction by any search engines related to a company’s website or a website’s ranking.
Please be aware that purchases are completed via our third party payment processors. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, Service Provider may suspend or terminate your access to any services of the Platform, without liability to us.
As we offer online services, we cannot offer refunds for any Paid Subscriptions or any paid services. Please be aware that all purchases are final. However, We want you to be satisfied with our services and thus we offer a 30 Day Satisfaction Guarantee. If you are dissatisfied with any of our services, please contact us within thirty (30) days of receiving your order report. Once we have received your communication, we will communicate with you to understand your concerns and will assist in rectifying any dissatisfaction caused by our services. Please note, with our PPC Management service: while our satisfaction guarantee applies to the management fee, we are unable to offer refunds for any ad spend paid to Google. Once ad spend payments are made to Google, they are final.
Service Provider reserves the right to cancel any orders placed for websites in illegal or offensive industries. Any illegal content, products, services or items hateful, objectionable or defamatory content aimed at any people group, race, gender, sexual orientation or otherwise attacks on any person, business, organisation, product or service; cruelty towards animals; or otherwise content found to be objectionable will be cancelled and refunded.
Prescription drugs; gambling or casinos and adult orders MAY be possible but have to be treated separately and will be cancelled and refunded if ordered through the typical online order forms.
Place of Law
This agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
FGLM Consulting Company
SEC Reg. No.: PG201918255
BIR TIN: 010-427-102-000