Philippines Cloud Legal Documents
CloudSigma is structured to legally separate cloud locations by country. This ensures that our Manila cloud hosting is subject to Philippines law only, our Swiss cloud to Swiss law only, our U.S. clouds to U.S. law only, etc.
For our Swiss cloud hosting terms and conditions, please click here.
For our German cloud hosting terms and conditions, please click here.
For our US cloud hosting terms and conditions, please click here.
For our Irish cloud hosting terms and conditions, please click here.
For our UK cloud hosting terms and conditions, please click here.
For our Swedish cloud hosting terms and conditions, please click here.
For our Saudi Arabian cloud hosting terms and conditions, please click here here.
For our Australian cloud hosting terms and conditions, please click here here.
For our Honolulu cloud hosting terms and conditions, please click here here.
For our Clark cloud hosting terms and conditions, please click here here.
For our Tokyo cloud hosting terms and conditions, please click here here.
For our Manila 2 cloud hosting terms and conditions, please click here here.
Our Philippines cloud hosting terms and conditions are outlined below: We retain the right and entitlement to revise or vary the Agreement and such revisions and variations will become binding on you as referred to below. The Agreement forms a legally binding agreement between us and you. Continued use of the Website or accepting Services offered by us by ticking the box ‘Please confirm you have read and agree to our Terms of Service.’ constitutes acceptance of the Agreement and formation of a legally binding agreement. Any individual submitting a Purchase on behalf of a company or other legal entity represents and warrants that he or she has the legal authority and entitlement to bind that entity into the Agreement in which case “you”, “your” and “user” shall mean the company or legal entity. The Agreement is the complete and exclusive agreement between you and us regarding its subject matter and supersedes and replaces any prior agreement, understanding, or communication, written or oral. If you do not accept any element of the Agreement you must not take up any of the Services offered by the Website. The Agreement imposes significant legal obligations on you and also places limits on your legal rights. Please seek independent legal advice before entering into the Agreement. Any Purchase or commencement of supply of Services is done so on the basis that you have agreed to be legally bound to the terms of the Agreement and that you represent and warrant that you have the legal authority to enter into said Agreement. The Services and Website are provided and offered for adults over the age of 18 only. If you are under 18 and/or you are not able to form legally binding contracts you should not use the Services and/or Website. You must check with the owner and/or providers of your internet access you are using in relation to the Services and/or Website that such access is lawful and allowed by any policy and/or terms of service governing the use of any equipment or internet connection. By continuing to use the Website and any of the services offered by it, you are confirming that you are 18 or over and are accessing and using the Website and the services offered via the Website lawfully. We reserve the right and entitlement to alter the Agreement at any time. We will notify you in accordance with the Agreement at least thirty (30) days prior to any alterations becoming valid and binding. Upon receipt of such notice, you will have the option either to terminate your account under the provisions of clause 10 and receive a refund for any positive account balance or to continue to use our Services and be bound by the altered Agreement. After the altered Agreement has come into force, purchase of additional Services or continued use of the Website including API usage constitutes your agreement to be legally bound to the altered Agreement’s terms and conditions in full. In this Terms of Service: 3. Services 4. Use of Services 5. Service Level Agreement 6. Beta Services A Service in Beta Testing is subject to the following terms: 7. Support 8. Links to Third Party Web sites 9. Links to the Website 10. Termination 11. Taxes, Duty and Value Added Taxation 12. Privacy Policy, Intellectual Property Rights and Confidential Information 13. Notices 14. Disclaimer 15. Liability 16. Limitation of Liability 17. Indemnity You shall indemnify and defend us, our agents, affiliates, suppliers, directors, officers, employees and partners (the “IPC Indemnitees”) from and against any legal claims, losses, liabilities, expenses, fines, damages and settlement amounts including reasonable legal fees and court costs incurred by IPC Indemnitees arising under any claim as a result of your actual or alleged gross negligence, wilful misconduct, violation of law, failure to meet the security obligations required by the Agreement, violation of the Acceptable Use Policy or the Terms of Service. These indemnification obligations shall be enforceable provided that we promptly communicate to you reasonable details of any claim and cooperate in defending any claim. We will choose legal counsel to defend any claim provided these decisions are reasonable and communicated promptly to you. You must comply with reasonable requests from us for assistance and cooperation in defence of the claim. We may not agree to any settlement in relation to any claim without your prior written consent which may not be unreasonably withheld. Expenses incurred by IPC Indemnitees must be paid by you as they are occurred. 18. Force Majeure Neither of us will be in violation of the Agreement or liable for any loss or damage that the other may suffer because of any: act of God; power cut; power surge; fire, flood, earthquake, storm, hurricane or other natural disasters, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or other utilities, or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend the Website and/or our Services without incurring any liability. 19. Changes to the Agreement 20. Further Terms 21. Governing Law and Jurisdiction The Agreement and all other legal relationships between you and us will be governed by and construed in accordance with Philippine law. The courts of the City of Makati, Republic of the Philippines are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the Agreement and any proceedings will be brought in the courts of the City of Makati, Republic of the Philippines. We and you irrevocably submit and agree to submit to the jurisdiction of the courts of the City of Makati, Republic of the Philippines. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. We and you irrevocably waive any objection which we or you may at any time have to the courts of the City of Makati, Republic of the Philippines being so nominated and agree not to claim that the courts of the City of Makati, Republic of the Philippines are not a convenient or appropriate forum. Last Updated: 17 January 2023 Copyright CLOUDSIGMA AG, 2023. All rights reserved. Abusive Usage You may not use IPC services for actions or activities which, at our sole discretion, may be illegal, offensive and abusive or promote and foster such irresponsible behaviour as well as actions contrary to accepted internet norms or behaviour that threatens our infrastructure. This includes but is not limited to: Offensive Content We prohibit content on IPC services which appear to us, at our sole discretion, to be offensive. This includes but is not limited to the storing or transmitting of any content or links to any content which we believe to be: Bulk Email & Content We prohibit all uses of IPC services which appear to us at our sole discretion to involve bulk email or posting of content. This includes but is not limited to: IPC may block mail that violates this AUP and your mail services may be suspended or terminated for any violation of this AUP in accordance with the Terms of Service. Behaviour Posing a Threat to Infrastructure We prohibit all uses of IPC services which appear to us, at our sole discretion, to threaten our infrastructure. This includes but is not limited to: Service Level Agreement No credit will be available under the IPC Service Level Agreement for interruptions of service resulting from Authorised Use Policy violations. Compliance for You & Your Users You will ensure that all use of IPC services, whether by you or by any of your users, follows the Terms of Service. In addition, you will bind your users to an Acceptable Use Policy containing all of the restrictions above. Last Updated: 1 Jan 2019 Copyright CLOUDSIGMA AG, 2021. All rights reserved. All content and design of mnl.cloudsigma.com (“Website”) is protected by copyright, trademarks and other intellectual property rights and is the property of CLOUDSIGMA AG. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of CLOUDSIGMA AG. You are granted a personal, non-commercial limited, non-transferable and non-exclusive licence to access the Website, to display, copy, distribute and download the materials from the Website only in accordance with the following permissions: This limited licence to re-copy does not permit incorporation of the material or any part of it in any other work, publication, or website whether in hard copy or electronic or any other form without the express written consent of IPC. The granting of this limited licence is wholly conditional upon your agreement to and compliance with the Terms of Service. We may revoke this licence at any time at our absolute discretion. Any data or software Licenced to us from third parties are provided for use strictly in connection with the services we offer and in accordance with the Terms of Service. Any data or software from third parties is subject to the third party licence terms only and may not be used for any other commercial purposes without the prior written consent of such third parties. You grant to us a non-exclusive, royalty-free licence for the duration of the provision of Services (as defined under the Terms of Service) to you, to use, store and maintain your data stored on our infrastructure and network for the purposes of providing the Services in accordance with the Terms of Service. Any unauthorised publication, use or reproduction of any content including but not limited to images, code, data, graphics, trademarks and software may be prosecuted. Last Updated: 1 Jan 2019 Copyright CLOUDSIGMA AG, 2021. All rights reserved. For the purposes of the clauses in this Data Processing Agreement: Any capitalised term not defined in this DPA shall have the meaning given to it in the Agreement. 2. Purpose 3. Scope 4. Obligations of the Processor 5. Obligations of the Controller 6. Sub-Processors 7. Liability 8. Audit 9. Notification of Data Breach 10. Compliance, Cooperation and Response 11. Term and Termination 12. General Last Updated: 23 May 2018 Copyright CLOUDSIGMA AG, 2021. All rights reserved. Appendix 1: Data Processing Activities to Be Performed by Us You as the Data Controller grant users the right to access the Services in accordance with the terms of the Agreement for transfer of Customer Data identified in sections 3, 4 and 5 below, as it relates to the processing operations identified in section 6 below. 1. Controller You as the Data Controller grant users the right to access the Services in accordance with the terms of the Agreement for transfer of Customer Data identified in sections 3, 4 and 5 below, as it relates to the processing operations identified in section 6 below. 2. Processor We as the Data Processor received data identified in sections 3, 4 and 5 below, as it relates to the processing operations identified in section 6 below. 3. Data Subjects You acknowledge and agree that the categories of Data subjects that use and might process Customer Data via the Services are solely determined by you and your User’s use of the Services. Notwithstanding the foregoing, the Customer Data processed usually concerns the following categories of Data Subjects: 4. Categories of Customer Data For using the Services, we do not require any other Customer Data from Users other than the full name, email address, password and IP address for using the Services. The categories of Customer Data processed is solely determined by you and your Users use of the Services. Customer Data might be stored in database records, metadata and files on file systems which identify or may reasonably be used to identify, Data Subjects. You agree and acknowledge that you and your Users have to strictly abide by the Acceptable Use Policy (AUP) and that Customer Data is only processed via the Services with the prior written consent of the Data Subject. 5. Special categories of Personal Data We do not require any special categories of Personal Data for using the Services, and your and your User’s use of the Services solely determine if and which special categories of Personal Data are stored and processed. You agree and acknowledge that you and your Users have to strictly abide by the Acceptable Use Policy (AUP) and that sensitive Personal Data is only processed via the Services with the prior written consent of the Data Subject. 6. Processing operations The Customer Data processed will be subject to the following basic processing activities: Processing operations include, but are not limited to: The following descriptions provide an overview of the technical and organisational security measures implemented. It should be noted however that, in some circumstances, in order to protect the integrity of the security measures and in the context of data security, detailed descriptions may not be available. It’s acknowledged and agreed that the technical and organisational measures described therein and in our internal Security Policies will be updated and amended from time to time, at our sole discretion. Notwithstanding the foregoing, the technical and organisational measures will not fall short of those measures described in the Security Policy in any material, detrimental way. 1. Hosting Infrastructure 2. Physical Access Control Technical or organisational measures regarding access control, especially regarding legitimation of authorised persons. The aim of the entrance control is to prevent unauthorised people from physically accessing such data processing equipment which processes or uses Customer Data. We employ measures designed to prevent unauthorized persons from gaining access to data processing systems and the Services in which Customer Data is processed, such as the use of security personnel, secured buildings and data center premises. For our Services, the constructional and substantive security standards comply with the security requirements for data centres. 3. System Access Control Technical and organisational measures regarding the user ID and authentication: The aim of the system access control is to prevent unauthorised use of data processing systems, are used for the processing of Customer Data. The following may, among other controls, be applied depending upon the particular Services ordered: authentication via passwords and/or two-factor authentication, documented authorization processes, documented change management processes, and logging of access on several levels. For our Services: (i) log-ins to Services Environments by our employees and Sub-processors are logged; (ii) logical access to the data centers is restricted and protected by firewall/VPN/SSH/SSL; and (iii) intrusion detection systems, centralized logging and alerting, and firewalls are used. 4. Data Access Control Technical and organisational measures regarding the on-demand structure of the authorisation concept, data access rights and monitoring and recording of the same: Measures regarding data access control are targeted on the basis that only such data can be accessed for which an access authorisation exists and that data cannot be read, copied, changed or deleted in an unauthorised manner during the processing and after the saving of such data. Customer Data is accessible and manageable only by properly authorized staff, direct database query access is restricted, and application access rights are established and enforced. Access to data necessary for the performance of the particular task is ensured within the systems and applications by a corresponding role and authorisation concept. 5. Transmission Control Technical and organisational measures regarding the transport, transfer, transmission, storage and subsequent review of Customer Data on data media (manually or electronically). Transmission control is implemented so that Customer Data cannot be read, copied, changed or deleted without authorisation, during transfer or while stored on data media, and so that it can be monitored and determined as to which recipients a transfer of Customer Data is intended. Except as otherwise specified for the Services or parts thereof, transfers of data outside the Services environment are encrypted. The content of communications (including sender and recipient addresses) sent through some email or messaging services may not be encrypted. You are solely responsible for the results of your decision to use unencrypted communications or transmissions. The transfer of Customer Data to a third party (e.g. sub-processors) is only made if a corresponding contract exists, and only for the specific purposes. If Customer Data is transferred to companies located outside the EEA, we provide that an adequate level of data protection exists at the target location or organisation in accordance with the European Union’s data protection requirements, e.g. by employing contracts based on the Standard Contractual Clauses. 6. Data Entry Control Technical and organisational measures regarding recording and monitoring of the circumstances of data entry to enable retroactive review: Data Entry Controls are implemented so that a retroactive review is enabled. System inputs are recorded in the form of log files and database records therefore it is possible to review retroactively whether and by whom Customer Data was entered, altered or deleted. Appendix 2: Technical and Organisational Security Measures The following descriptions provide an overview of the technical and organisational security measures implemented. It should be noted however that, in some circumstances, in order to protect the integrity of the security measures and in the context of data security, detailed descriptions may not be available. It’s acknowledged and agreed that the technical and organisational measures described therein and in our internal Security Policies will be updated and amended from time to time, at our sole discretion. Notwithstanding the foregoing, the technical and organisational measures will not fall short of those measures described in the Security Policy in any material, detrimental way. 7. Data Backup and Availability Control Technical and organisational measures regarding data backup (physical/logical): Data backup and availability controls are implemented to protect Customer Data against accidental destruction and loss. For our Services: backups are taken on a regular basis where you have chosen a corresponding Hosting type or Backup option as defined in the agreement. 8. Data Processing Control Technical and organisational measures to differentiate between the competences of principal and contractor: The aim of the data processing control is to provide that Customer Data is processed by a commissioned data processor in accordance with the Instructions of the principal. Details regarding data processing control are set forth in the Agreement and DPA. 9. Data Segregation Technical and organisational measures regarding purposes of collection and separated processing: Customer Data from our different customers environments is logically segregated on our systems or those of Sub-processors. Customer Data used for internal purposes only e.g. as part of the respective customer relationship, may be transferred to a third party such as a sub-processor, solely under consideration of contractual arrangements and appropriate data protection regulatory requirements. Employees are instructed to collect, process and use Customer Data only within the framework and for the purposes of their duties (e.g. service provision). Customer Data is stored in a way that logically separates it from other customer data. Last Updated: 1 Jan 2019 Copyright CLOUDSIGMA AG, 2021. All rights reserved. The Information We Collect We collect personally identifiable information relating to you (including name, address, phone number and e-mail address) (“Personal Information”) in the following situations: The Data and Information you Upload to IPC Services Users of IPC services can upload and transmit data to virtual drives (“Virtual Drive Data”) for storage and usage in relation to our services. All Virtual Drive Data uploaded to IPC is stored securely on our servers in our dedicated rack space in the Republic of the Philippines. Unless you give IPC explicit permission, we will never inspect your stored data and will only measure the volume of your transmitted data for billing purposes or inspect your transmitted data to investigate suspected violations of our Acceptable Use Policy. We will never disclose your data to any third party unless we are required to do so by court or administrative order (see below). How We Normally Use Information About You We will only use your Personal Information for the purpose(s) for which you provide it to us including for example to: We only share your Personal Information with our associate offices and appointed agents and sub-contractors from time to time where appropriate and with other entities only as described below. We ensure the parties with whom we share your Personal Information follow practices at least as protective as those described in this Privacy Policy: Virtual Drive Data is never shared with associate offices, appointed agents, sub-contractors or other entities and third parties for any reason whatsoever. All data on virtual drives remains on servers wholly owned and controlled by IPC within the legal jurisdiction of the City of Makati, Republic of the Philippines. If you are resident in the European Union please note that the Personal Information and Virtual Drive Data you provide to IPC are stored in Philippines. The data protection laws of Philippines differ from those of the European Union and you expressly agree to such a transfer for the purpose of us providing you with the information and services you request. Collection of Information by Third-Party Sites Our Website may contain links to other websites whose information practices may be different to ours. You should consult the privacy notices of those third party sites as we have no control over information that is submitted to, or collected by them. Data Security The Client shall retain full sole root/administrative access at the file system level to their data. The Contractor system does not have access or visibility inside cloud servers or to drive data. All Client data is handled automatically by our system, this includes drive deletion, scheduled deletion of drives (for deprecated accounts), drive cloning and other data operations. The Contractor shall take no additional copies of Client drive data either within or externally from the cloud location without Client express permission. The sole copy of Client drive data resides specifically in our cloud location that the Client chooses unless subject to an explicit Client request to do otherwise. We employ security measures to prevent unauthorized access to information that we collect from you. Please note that email correspondence with us is in free format text and cannot be encrypted. Accordingly please do not send any sensitive information such as credit card details or account passwords via email. Cookies A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number. When you visit our Website we send you a cookie. Cookies may be used in the following ways: Two types of cookies may be used on this website, session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). Disabling / Enabling Cookies You can accept or decline cookies by modifying the setting in your browser. Please note that if you disable cookies you may not be able to use all the features of our Website or IPC services. Law Enforcement We share your Personal Information and Virtual Drive Data with law enforcement agencies when obliged to do so by court or administrative order with appropriate jurisdiction. If you are a resident of the EEA, you have the following data protection rights: We respond to all requests we receive from individuals wishing to Revisions to this Privacy Policy We reserve the right to revise the whole or any part of this Privacy Policy from time to time. Please review the Privacy Policy periodically for changes. Unless stated otherwise, our current Privacy Policy applies from time to time to all information that we have about you. How to Contact us If you have any questions or concerns about this Privacy Policy or how we use your Personal Information and Virtual Drive Data or if at any time you decide that you no longer wish us to hold or use any of your Personal Information and/or Virtual Drive Data or wish to change the use to which your Personal Information and/or Virtual Drive Data can be put, please let us know by emailing us at cloudsigmalegal@ipc.ph. Controller of Your Information Information which you provide to us or we gather from the Website or in the course of providing services to you is controlled by IP CONVERGE DATA SERVICES, INC. Registered office: 34F RCBC Plaza Tower II, Ayala Avenue, Makati City 1200, Metro Mamila, Philippines “CloudSigma” is a trading name and registered trade mark of CLOUDSIGMA AG. Last Updated: 1 Jan 2019 Copyright CLOUDSIGMA AG, 2021. All rights reserved. 100% Virtual Server Availability Guarantee IPC guarantees 100% availability of virtual servers in any given calendar month as defined by their availability on our network and their responsiveness in a non-degraded way. This guarantee covers the hardware and virtualisation hypervisor layers only and not the software (including but not limited to operating systems and applications) running within virtual servers. 100% Network Uptime Guarantee IPC guarantees 100% network availability in any given calendar month. The network will be deemed ‘available’ if IPC’s border routers and switches are available and responding to IPC monitoring tools in a non-degraded manner. 1ms or less Network Latency Guarantee IPC guarantees a network latency of 1ms or less for data packets between servers within IPC’s services and network. The network latency refers to network latency times between the boundary layer of one virtual server to the boundary layer of another virtual server and excludes internal latency times resulting from software running within a virtual server at either end of the data transit. Credit If we fail to meet the guarantees detailed above, you will be able to request a credit as detailed below up to a maximum of 100% of your fee for capacity used during the previous 30 calendar days: In the event that we fail to meet the guarantee on more than one occasion within a period of 30 calendar days, then the credit that you may claim for any incident will be limited to the maximum of 100% of your fee for capacity used since the previous incident or 100% of your fee for capacity used during the previous 30 calendar days, whichever fee is lower. To receive a credit, you must contact us at support@cloudsigma.com within 30 calendar days of the incident, specifying the start time, date and duration of the qualifying period which forms the basis of your claim and the amount of credit claimed. We will be the sole arbiter regarding the award of credit and our decision will be final and binding. Limitations and Exemptions The following items or situations are exempt from IPC’s guarantees: A user must be up to date with all payments and have sufficient pre-pay balance where appropriate to cover current usage levels to be eligible for the credits outlined in this Service Level Agreement. No credits will be extended if a user is delinquent on any payments or has insufficient balance to continue using IPC services at usage levels during the qualifying claimed credit period for at least 10 calendar days. The award of credit by IPC to you as described in this Service Level Agreement will be the sole and exclusive remedy for unavailability or performance degradation of IPC services. Credits will only be provided against future service and for the avoidance of doubt may not be exchanged for cash or other forms of payment. Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for the previous 30 calendar days. Credits beyond your fee for the previous 30 calendar days will not be carried forward for use against future fees. This Service Level Agreement forms part of your Agreement with IPC, along with the Acceptable Use Policy, and is subject to all the terms and conditions stated in these documents. Last Updated: 1 Jan 2019 Copyright CLOUDSIGMA AG, 2021. All rights reserved.
Variation to the Agreement
1. Definitions
2. Purchase of Credits
IP CONVERGE DATA SERVICES, INC.
34F RCBC Plaza Tower II
Ayala Avenue
Makati City 1200
Metro Manila
Philippines
This DPA is entered into between us (the Data Processor) and you (the Data Controller) and is incorporated into and governed by the terms of the Agreement.
In no event shall the DPA become effective later than May 25, 2018 for any data processing activities requested by you as the Data Controller from us as the Data Processor.
The parties agree as follows:
1. Definitions
Appendix 2: Technical and Organisational Security Measures
We utilise third party Hosting infrastructure in form of data centres and Infrastructure-as-a-Service (IaaS) with organizations that maintain current ISO 27001 certifications and/or SSAE 16 SOC 1 Type II or SOC 2 Attestation Reports. We will not utilise third party data centres that do not maintain the aforementioned certifications and/or attestations, or other substantially similar or equivalent certifications and/or attestations.
Data Protection Rights Under the General Data Protection Regulation (GDPR)