Geeks Terms Of Service

The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to all services provided by Geeks and Nerds Media Solutions (“Geeks, GAN or Geeks and Nerds,” “we,” “us,” or “our”) to you. By purchasing services from us you agree to this TOS.

Geeks and Nerds Media Solutions — Master Terms of Service (TOS)

Last Updated: September 30, 2025

The following Terms of Service (“TOS,” “Terms,” or “Agreement”) apply to all web hosting, website design/development, email provisioning, domain management, and managed IT services provided by Geeks and Nerds Media Solutions (“GAN,” “Geeks and Nerds,” “Company,” “we,” “us,” or “our”) to you (“Client,” “you,” or “your”). By purchasing services, signing a proposal, or using our infrastructure, you agree to be bound by this Agreement.

1. Application of Terms & Master Contract Synergy

1.1. This TOS applies to all Services provided by GAN. The current version is always available online at [geeksandnerdsphilippines.com/TOS](https://geeksandnerdsphilippines.com/TOS).

1.2. Integration with Individual Contracts & Billing Statements: This TOS is incorporated by reference into all individual proposals, quotations, invoices, and billing statements issued to the Client. In the event a Client discards, loses, or disputes an individual project contract, the terms set forth herein shall remain fully binding and enforceable.

1.3. You must be at least 18 years of age to purchase or contract Services with GAN.

2. Website Design, Development & Custom Projects

2.1. Project Scope: Custom web design, booking system integrations, database development, and initial setup charges are defined in the Client’s individual proposal or quotation. Any feature requests or revisions outside the agreed project scope will incur additional hourly or flat-rate charges.

2.2. Proprietary Technology & Non-Reverse Engineering: All custom code, scripts, proprietary themes, frameworks, and system structures provided by GAN remain the intellectual property of GAN unless otherwise agreed in writing. Client agrees not to decompose, disassemble, decode, reverse engineer, or redistribute any program, code, or technology delivered by GAN.

2.3. Client Content & Copyrights: Client warrants that all trademarks, logos, images, text, and media provided to GAN for inclusion in a project are fully owned by the Client or properly licensed. Client assumes full legal liability for copyright infringement claims arising from content provided to GAN.

3. Web Hosting, Storage & Reserved Annual Capacity

3.1. Service Provision: Hosting accounts are allocated fixed resources (e.g., 1 GB Storage Space, 10 GB Monthly Bandwidth, PCI-compliant infrastructure) as specified in the service package.

3.2. Reserved Annual Capacity: All hosting, security, and email allocations represent reserved 12-month annual server capacity. Mid-term account deletions or service reductions do not qualify for pro-rated adjustments.

3.3. Automatic Renewal: Unless otherwise negotiated, standard hosting and maintenance contracts automatically renew for successive twelve (12) month terms upon expiration, unless canceled in writing by the Client at least thirty (30) days prior to the renewal date. Renewal rates are subject to standard price adjustments.

3.4. Censorship & Content Control: GAN exercises no editorial control over the content passing through our network, hosting servers, or web applications. However, GAN reserves the right to suspend any website hosting illegal, malicious, or abusive material violating our network integrity.

4. Data Integrity, Backups & Client Responsibilities

4.1. Backup Scope: GAN conducts routine scheduled (weekly) and on-demand server-level backups for administrative disaster recovery purposes only.

4.2. Client Local Backups: Backup services are provided on an “as-is” basis. Client retains ultimate responsibility for preserving independent local copies of all website files, databases, and local email client data (e.g., Thunderbird profile files, Outlook PSTs).

4.3. Limitation of Data Recovery Liability: GAN shall not be held liable for loss of data, failed database restores, corrupted uploads, or client-side file misconfigurations.

5. Payment Terms, Billing Accuracy & Late Penalties

5.1. Payment Due Dates: Standard payment terms are Net 10 days upon receipt of invoice/billing statement unless otherwise agreed.

5.2. Billing Statement Accuracy: Invoices and billing statements issued by GAN are considered accurate if no error is reported by the Client in writing within fifteen (15) days from the billing date.

5.3. Late Payments, Interest & Voided Discounts:

• Overdue balances past the specified due date incur a 3% monthly late fee.
• Voided Discounts: All promotional, courtesy, or volume discounts applied to a quotation or invoice are automatically voided and revoked past the due date. The Client becomes immediately liable for the full, undiscounted standard fee.
• Collection Expenses: Legal costs and administrative expenses incurred for debt collection shall be reimbursed in full by the Client.

5.4. Managed Business Email Accounts (High-Water Mark / Peak Allocation Policy):

• Annual Slot Allocation: Email mailboxes are provisioned on an annual slot allocation basis billed at a standard rate of ₱600 per allocated slot per year (equivalent to ₱50/month over a 12-month contract cycle).
• Peak Usage Calculation: Annual email billing is calculated based on the peak (maximum) number of allocated mail slots provisioned or requested by the Client at any point during the 12-month billing period, regardless of when specific accounts were created or decommissioned.
• Mid-Year Deletions & Slot Reuse: Deleting or decommissioning an email account mid-cycle does not yield prorated refunds or mid-year credit reductions. However, deleted slots remain pre-paid and reserved for the Client. The Client may reassign any unexpired open slot to a new employee address at ₱0 additional annual licensing cost until the annual master contract renewal date.
• New Additions: Any newly requested email account that exceeds the Client’s active pre-paid slot capacity will establish a new annual slot allocation.

5.5. Domain Registrations & Third-Party Fees: Domain name registrations, SSL certificates, and third-party API license fees are non-refundable once provisioned with external registries.

6. Service Suspension & Reconnection

6.1. Account Suspension: Services (including website hosting, DNS routing, and email access) may be temporarily or permanently suspended for overdue accounts.

6.2. Reinstatement & Reconnection Fee: Reinstatement of suspended services requires full payment of outstanding balances, accrued 3% monthly late fees, and a mandatory ₱1,500.00 reconnection fee.

6.3. Termination by GAN: GAN reserves the right to terminate Services immediately upon failure to settle accounts, filing of bankruptcy, or breach of any provision of this Agreement.

6.4. Data Retention Post-Termination: Upon termination, hosted web files, databases, and mailbox server caches will be permanently deleted following standard administrative retention windows.

7. Warranties, Limitation of Liability & Remedies

7.1. WARRANTY DISCLAIMER: SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. GAN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CONNECTION SPEEDS REPRESENT END-TO-END CAPABILITY AND ARE NOT GUARANTEED UNINTERRUPTED.

7.2. EXPRESS DAMAGE CAP: GAN’S TOTAL CUMULATIVE LIABILITY FOR DOWNTIME, UNAVAILABILITY, LOSS OF DATA, OR SYSTEM INTERRUPTIONS SHALL BE EXCLUSIVELY LIMITED TO A PRO-RATA REFUND OF THE MONTHLY SERVICE FEE PAID BY THE CLIENT FOR THE SPECIFIC PERIOD OF SYSTEM UNAVAILABILITY.

7.3. EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL GAN BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

8. Indemnification & Legal Recovery Costs

8.1. Indemnification: Client agrees to defend, indemnify, and hold harmless GAN, its owners, contractors, and employees from any claims, damages, liabilities, judgments, and legal expenses (including reasonable attorney fees) arising from Client’s marketing, illegal content, copyright breaches, or unauthorized representation of products/services.

8.2. Legal Fees & Dispute Recovery: If formal legal proceedings or collection efforts are commenced to resolve a dispute or collect unpaid invoices arising out of this Agreement, the prevailing party (or GAN in successful debt collection actions) shall be entitled to recover all reasonable attorney fees, court filing costs, collection agency charges, and expert witness fees.

9. Governing Law, Jurisdiction & Severability

9.1. Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Republic of the Philippines.

9.2. Jurisdiction: Both parties agree that any formal legal actions or proceedings shall be brought exclusively before the proper courts of Quezon City, Metro Manila, Philippines.

9.3. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Legal Contact Information

Official legal and administrative notices may be submitted to:

Geeks and Nerds Media Solutions

51 Ilang Ilang St., Filinvest II, Batasan Hills, Diliman,

Quezon City, Philippines

Contact Number: +63 917 990 3109

Email: support@geeksandnerdsphilippines.com

Master Terms URL: [geeksandnerdsphilippines.com/TOS](https://geeksandnerdsphilippines.com/TOS)