Terms of Service

This Terms of Service Agreement ("Agreement") is between the Subscriber, together with any company or other business entity that the Subscriber may be representing, if any (collectively, the "Subscriber"), and Amphil Tech, Inc. ("AnnexStore").
AnnexStore provides eCommerce services that enable Subscribers to establish their online catalog or online WebStore through which they can promote and sell their products and services. AnnexStore also provides webhosting of the online store, store appearance template designs, email services, marketing services, domain name registration, and other related services as may be offered from time to time (collectively, "Services").

This Agreement is effective upon Subscriber acceptance of the ANNEXSTORE-AMPHIL TECH, INC. ENGAGEMENT LETTER. By signing that Engagement Letter, and subject to the terms and conditions of this Agreement, including those terms and conditions that are set forth within the Engagement Letter and within the AnnexStore website located at www.AnnexStore.com (the "AnnexStore Site") that are incorporated herein by reference and may be accessed through links in this Agreement, AnnexStore will provide Subscriber the administration login required to access the Subscriber’s own customized AnnexStore WebStore.

A. SERVICES

  1. Core Services. Upon the setup of Subscriber’s online catalog or online WebStore and subject to the payment of applicable fees, AnnexStore will provide certain webhosting, support and other miscellaneous Services for the eCommerce service subscribed by Subscriber under this Agreement and Subscriber’s WebStore during the term of this Agreement as published on the AnnexStore Site. Subscriber’s WebStore shall be hosted on an AnnexStore Server on which several subscribers may share the resources and network capacity of that AnnexStore Server.
  2. Domain Name Registration. At Subscriber’s request and subject to Subscriber’s agreement to applicable terms and conditions and the payment of applicable fees, AnnexStore Additional Services may include the acquisition and registration of a second-level domain name ("Domain Name") for Subscriber’s WebStore on Subscriber’s behalf. Subscriber hereby appoints AnnexStore and third parties who provide domain name registration services to AnnexStore as Subscriber’s agent in the acquisition, registration and ongoing administration of Domain Names on Subscriber’s behalf and Subscriber authorizes AnnexStore and third parties who provide domain name registration services to AnnexStore to select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Subscriber’s behalf. AnnexStore provides this Service as a convenience to Subscriber only and Subscriber hereby waives any and all claims that Subscriber may have, or which may later arise, against AnnexStore for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of such Domain Name. In addition, AnnexStore reserves the right, in AnnexStore’s sole discretion, to refuse to acquire or register any domain name requested by Subscriber, and to discontinue the use of any domain name requested by Subscriber. In the event that Subscriber terminates its AnnexStore subscription and does not act upon AnnexStore’s email notice to renew Subscriber’s domain registration within 30 days of that notice, Subscriber’s domain name ownership will revert to AnnexStore, should AnnexStore choose to renew that registration.
  3. WebStore Design and Delivery. AnnexStore endeavors to make it very easy for each of it’s Subscribers to choose a WebStore template, upload their product images and descriptions, and commencing the commercial use of their Website. This standardized process saves the Subscriber the cost of having a customized WebStore created for them. Subscriber shall provide all text, music, sound, photographs, video, graphics, logo data, design, information and all other content for Subscriber’s WebStore to AnnexStore within a time period designated by AnnexStore, which will then transfer all Subscriber’s content into electronic form and a user-accessible format.
  4. WebStore Customization. At Subscriber’s request for custom work upon its WebStore, and subject to AnnexStore’s acceptance of that request, AnnexStore will provide Subscriber with a clear statement of what it understands to be the requirements of any custom work requested and submit Subscriber an Additional Cost Quotation (ACQ) for that work. Upon Subscriber’s acceptance of the ACQ and payment of applicable fees AnnexStore will undertake the custom work within the time frame and conditions contained within the ACQ.
  5. Optional Services. AnnexStore offers its Subscribers the following Optional Services, for which an ACQ will apply:
    • Customizing the header -
    • Logo Creation/Branding
    • Image Capture
    • Image Processing
    • Additional Training (over the provided 2 hours of initial training)
    • Copywriting
    • Password Protected Exclusive Catalogue
    • Multiple product images
    • Product attributes
    • Cross Selling
    • Side-by-Side Product Comparisons
  6. Changes in Services. AnnexStore reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to Subscriber. Subscriber agrees to receive administrative communications from AnnexStore by email in regards to the eCommerce service, Services, Subscriber’s account, policy changes and system updates.
  7. Additional Features and Optional Services. Subscriber agrees that Subscriber will not use such Additional Services unless Subscriber has agreed to the applicable terms and conditions, including but not limited to Subscriber’s payment of additional fees as may be required.

B. SUBSCRIBER’S WEBSTORE & CONTENT CONTROL

  1. Control of Subscriber’s Store. Subscriber will be solely responsible for the development, operation and maintenance of Subscriber’s WebStore, including accepting, processing and filing customer orders generated through Subscriber’s WebStore, and for handling any customer inquiries, complaints, or disputes arising from inquiries, orders or sales generated through Subscriber’s Store. Although AnnexStore regularly backs up the data for its webhosting clients, Subscriber acknowledges and agrees that AnnexStore assumes no responsibility for the timeliness or accuracy of its data backups related to Subscriber’s Store’s operations and Subscriber should independently take appropriate steps to maintain and backup its WebStore data in accordance with Subscriber’s needs and requirements.
  2. Control of Subscriber’s Store Content. Subscriber will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on Subscriber’s Store, regardless of whether AnnexStore provides any design or customization Services to Subscriber under this Agreement, including all descriptions of the products and services Subscriber offers to customers of Subscriber’s WebStore and any user-generated content on and related to Subscriber’s Store. AnnexStore provides Subscriber complete discretion over Subscriber’s content provided it is compatible and interoperable with the eCommerce Services provided by AnnexStore under this Agreement. Subscriber will retain all its rights, title and interest in and to all intellectual property embodied in Subscriber’s WebStore content, exclusive of any content provided by AnnexStore.

C. ANNEXSTORE SUPPORT SERVICES

  1. New Subscribers may utilize the AnnexStore phone support services at no additional charge for a period of thirty (30) days from the commencement date of their paid service. Subscribers may contact AnnexStore Support at http://www.AnnexStore.com/ or by dialing (632) 845-4080, Monday - Friday from 9:00 am to 5:00 pm
  2. After the initial 30-day period, AnnexStore will provide email support services to all Subscribers in good standing, who may submit an unlimited amount of support related questions or concerns by email through AnnexStore’s on-line customer support page, available on the AnnexStore http://www.AnnexStore.com/ website. Phone support requests shall be billed to Subscriber at the rate of $10.00 per incident.

D. LICENSE TO REPRODUCE, DISTRIBUTE AND TRANSMIT

  1. During the period that AnnexStore provides Services to Subscriber pursuant to Section 3 of this Agreement, Subscriber hereby grants to AnnexStore and its affiliates, contractors and subcontractors a non-exclusive, irrevocable, non-sub-licensable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Subscriber’s content solely for the purposes provided in this Agreement.

E. SUBSCRIBER COVENANTS

  1. Subscriber covenants that any products, services, or content published and distributed on Subscriber’s WebStore and Subscriber’s related activities shall not violate the AnnexStore Acceptable Use Policy that is incorporated herein by reference and as it may be amended from time to time, nor shall they :
    • be false, inaccurate or misleading;
    • be fraudulent or involve the sale of counterfeit or stolen items;
    • infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    • violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
    • be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
    • involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and Subscriber shall not use Subscriber’s account or Subscriber’s WebStore as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
    • be harmful or potentially harmful to the AnnexStore Server structure as determined in AnnexStore’s sole discretion, including without limitation overloading the AnnexStore technical infrastructure;
    • involve subleasing Subscriber’s account or offering "free space" on or other access to Subscriber’s account or Subscriber’s WebStore to third parties;
    • create a liability for AnnexStore and its affiliates , contractors and subcontractors or expose them to undue risk or otherwise engage in activities that AnnexStore, in its sole discretion, determines to be harmful to AnnexStore’ affiliates, operations, reputation, or goodwill ; and/or
    • link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate AnnexStore’s Prohibited and Restricted Items listed at http://www.annexstore.com/prohibited-items or which is incorporated herein by reference and may be amended from time to time.
  2. Furthermore, Subscriber agrees to display and adhere to terms of use or other user-type agreement, as well as a privacy policy, governing Subscriber’s operation of Subscriber’s WebStore and Subscriber’s conduct with Subscriber’s Store’s customers.

F. BREACH OF COVENANTS

  1. Subscriber’s failure to comply with the covenants set forth in SUBSCRIBER COVENANTS of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension Subscriber’s WebStore operations by AnnexStore and/or termination of all subscription services under Section C of this Agreement.

G. PAYMENTS

  1. Subscription payments will be required on a monthly basis. Subscriber hereby authorizes Amphil Tech Inc. through AnnexStore to auto debit Subscriber’s credit card the currently established amount (subject to change) of $49.00 or it’s Philippine Peso equivalent as payment for the AnnexStore eCommerce service. In the alternative, Subscriber authorizes AnnexStore to deposit its postdated cheques for this service on a monthly basis. Subscriber also understands that any Optional Services, Catalog Enhancement, Design Customization and Optional or additional feature request will be billed separately in accordance with AnnexStore’s \ Additional Quote Changes (ACQ) prepared for Subscriber’s consideration and acceptance.
  2. Image Processing Services. In the interest of helping to assure that each of its Subscriber’s WebStores presents the best possible images of its products, AnnexStore offers Images Optimization and Product Photography, the cost will be based on the nature and location of the photography to be accomplished.

H. ANNEXSTORE PERFORMANCE LIMITED WARRANTY

Subscriber recognizes that AnnexStore’s fee includes ATI’s lifetime money-back database performance guarantee and that there is no time limit to this. As long as ATI hosts Subscriber’s website and online database, and as long as there are no non-ATI changes to the database code, Subscriber has the benefit of ATI’s guarantee that the WebStore and related database created will continue to operate in accordance with the specifications. If there is ever a concern on this matter, all ATI requires is Subscriber’s written notice, and a period of 14 days from its receipt for addressing whatever correction may be required. If ATI is unable to make the necessary correction to bring the operation of the WebStore and related database back into the original performance specifications, ATI will refund the full amount paid for the database function found wanting.