Codev Prime

Terms of Use Agreement

This agreement is made between Codeveloper Prime Properties Inc. (“Codev”) and Client. The term of this agreement shall be valid for the period provided for in the duly accomplished Registration Form.

Codev’s primary communication channel shall be email and emails sent through Codev Corporate Email Server to the email address provided by the client in this Service Agreement. It is the Client’s responsibility to update Codev with his/her latest working email address in the event of any changes differing from that stippated in the Service Agreement. Any written notice required or authorized by this Service Agreement shall be deemed to have been served to the client via email, or delivered to the office/s, or posted to the last known address of the client, personally or via registered mail.

Renewal of this Service Agreement must be provided by the Client at least thirty (30) days before the end date provided. If the Client does not give notice for extension, this contract shall automatically be terminated without need of further act or deed.

It is understood that the only way to for the Client to cancel the service and obligation to Codev is by completing the Codev Service Cancellation Form by contacting us at admin@codevprime.com. An acknowledgement will be sent to the Client once Codev has verified and processed the cancellation.

In the event of an early termination of this Service Agreement by the Client, all deposits and advances already made shall automatically be forfeited by the way of liquidated damages. Should Codev exercise its right to pre-terminate this Agreement without the fault, willful breach of this agreement or gross negligence of the Client, it shall refund to Client deposits and advances made.

Codev will provide services during business hours from 8:00 am to 5:30 pm Monday to Friday, except on declared non-working holidays as provided for under the Philippine law or by Philippine authorities. Codev may also declare certain business days as off day(s) provided that Codev were to give prior notice of at least five (5) days in advance.

Codev will exercise best efforts to represent the Client for any government agency inspections. It is understood that the Client authorizes Codev to receive government documents such as but not limited to: Notices, Memorandums and Notices from BIR, SSS, PHIC, HDMF.

It is understood that Codev is only offering a service to the Client and is not affiliated nor related to the Client. Codev will not be the Client’s guarantor nor is Codev responsible for any loan, credits, borrowing of money. Should Codev receive any of threat from any party that affects Codev employees (emotionally or physically), premises or business operation, Codev will report the case to the police immediately and Codev reserves the right to terminate the Client’s service immediately without any compensation.

Codev may transfer our obligation to the Client to another location if necessary, provided that Codev gives a 30-day advance notice.

Codev will notify Client of mails, parcels, or items which belong to its possession and will discard mails, parcels, items if not collected within thirty (30) days of such notification. Codev will not be liable for any losses or claims that may arise due to the Client’s failure to timely collect said belongings.

Codev may modify this Terms of Use Agreement at its sole discretion and will be considered as accepted by the Client upon Codev notification to the Client of those changes through our primary communication channel and did not receive any objection from the Client within 72 hours of notification.

This Service Agreement entered is provided based on a single Codev location and for single Client entity or company usage. Client is not allowed to use multiple entities, business or companies to avail the services entered under this Agreement. Client is also not allowed to use multiple Codev locations to represent Client’s business for legal purposes. In the event of any breach, Codev reserves the right to change Client on the illegal usage at fpl market value and if client failed to remedy such breach with 3 days of notice, Codev shall have the full right and authority to suspend, terminate services and recover the damages and losses including taking such necessary action to inform relevant authorities on the breach by the Client at its sole discretion whatsoever.

Services must be settled on or before the due date of invoice. The Client will notify Codev in formal writing any dispute and the reasons for it within seven (7) days from notification of invoice. Failure to do so, Client waives its right to dispute. If both parties agree that there is a disputed amount, the Client shall pay the undisputed portion of the invoice/s on or before the due date.

Any invoices issued by Codev to the client shall constitute a formal demand for payment. Any money owing to Codev for more than 21 days shall bear a late payment fee at the rate of 10% of the total amount compounded until payment.

If a check is returned by the Client’s financial institution for any reason, a Php 1,000.00 returned check charge will be assessed and the client shall settle the agreed payment within forty-eight (48) hours from the date of our notification.

Client shall pay all local and other government taxes due for the Services. All amounts mentioned in this Service Agreement are inclusive of taxes such as VAT.

Should the client make payment for services and/or charges be made by any payment method other than direct debit, wherever applicable, an administration fee will apply. The exact rate will depend on the payment method used.

Client shall pay all reasonable costs relating to this Service Agreement, including any legal costs whatsoever, stamp duties, any bank charges, foreign exchange rate fees payable by Codev in respect of services and other amounts received by Codev pursuant to this Service Agreement.

i. Take reasonable care of any goods, facilities, equipment or space provided to them pursuant to this Agreement.

ii. Not damage or mistreat any equipment provided by Codev as part of the services.

iii. Not sleep or permit anyone to sleep in facility in the location. iv. Not smoke or give permission to smoke in any facility within the location, or in any common areas of the building in which Codev is located.

v. Not use of any facility in the location for any immoral or illegal purposes.

vi. Not obstruct other Client’s use of Codev services or cause any nuisance, annoyance or interference to any person in the center.

vii. Not permit or keep in any facility in the location any substance of dangerous, corrosive, combustible, explosive, radioactive, or offensive mature or that which might damage any premises, buildings, or conducting media.

viii. Ensure that its employees, agents, contractors, clients and other persons who attend the center follow the building’s dress code at all times. ix. Abide by the House Rules of Codev and the Building or Unit Owner.

Telephone Numbers (The Client Shall:)xii. Acknowledge that Codev owns all telephone numbers and I.P. addresses allocated to the client, and agrees that they are only available to the client during the effectivity of this Agreement.

xiii. Pay during the term of the Agreement all charges for services rendered by Codev to the client at the rates stipulated by Code from time to time. Codev reserves the right to change, review, or vary the service charges.

xiiii. Not, at any time, directly or indirectly, through another business or affiliate, provide to any other client of Codev any of the services provided by Codev or its affiliates.

If the client, or any business in which the ownership or control is directly or indirectly associated with the client at any time during the term of the Agreement, or within 12 months after the termination of the Service Agreement, employs or contracts any of the staff (whether permanent or contractual) employed by Codev or Codev’s affiliates during the term of the Agreement, the Client shall pay to Codev by way of liquidated damages an amount equal to 50% of the new annual cash package of the new employee hired by the client.

Codev shall use reasonable efforts to provide the agreed services and facilities however, in no event, shall Codev be liable to Client or any third party, for any claims for loss or damages as a result of any action or inaction not attributable to the fault or negligence of Codev.

Codev accepts no legal responsibility or liability for the handling of calls on the Client’s behalf (whether unregistered, registered, certified or insured), or for any action, event or expenses associated with or arising from the handling of calls, beyond those charges and expenses agreed upon.

Codev may modify these Terms of Use Agreement at its sole discretion and will be considered as accepted by you upon Codev’s notification to you of that changes through our primary communication channel and did not receive any objection from your within seventy two (72) hours of notification.

Codev may at any time modify or discontinue, temporarily or permanently Codev services (or any part of them) with or without notice and liability to anyone. Should price increases become necessary, Codev will give the customer twenty one (21) notice in writing /email.

Codev shall not beheld liable for any breach of these Terms of Conditions caused by circumstances out of our control, including acts of God, fire, lightning, flood, or extremely severe weather, explosion, war, disorder, industrial disputes (whether or not involving Codev employees) network, equipment failures, power failures, acts of local or central Government or other competent authorities.

The client indemnifies and agrees to hold Codev harmless from and against any claims by the client, and/or any employee, agent or invitee of the client for any loss, damage, expense, claim, loss of information, damage, or any errors whether caused by any act of omission by Codev.

Codev guarantees that all Client information will be kept with strict confidentiality and will not be sold or released to any 3rd party, unless otherwise in compliance with Philippine laws or competent authorities’ order. Codev may use Client logo for any official company collaterals or flyers.

The Client further consent to the collection, processing, retention sharing and disclosure of such personal, sensitive personal and privileged information by Codev to its employees, agents, offices, subsidiaries, affiliates, accredited third parties/vendors and outsourced service providers, personal information processors, credit reporting or credit reference agencies, loan processors, banks or financial institutions, government offices/agencies, private regulatory organizations, for purposes reasonably required by Codev and by law. Client will notify Codev in writing if Client does not consent to the sharing of the said information with its representative offices, subsidiaries, affiliates and agents or other persons or entities that Codev may reasonably select.

Client’s lease of Codev facilities shall subsequently be subject to Codev’s standard terms and conditions of facility usage. The Client and his guests shall use the premises in a considerate manner at all times. Conduct deemed disorderly at the sole discretion of Codev staff shall be grounds for immediate expulsion from the premises and conclusion of the booking period. In such cases, NO REFUND of the event costs shall be made.

In the event of any breach, Codev reserves the right to charge the client for the illegal usage at full market value. If the client failed to remedy such breach within three (3) days of notice, Codev shall have the full right and authority to suspend, terminate services, and recover any damages and losses including taking such necessary action to inform relevant authorities of the breach by client at its sole discretion whatsoever. Codev reserves the right to refuse acceptance of excessively large, unreasonable, or unlawful packages. Any items delivered to Codev office via normal post, hand or courier which is not addressed clearly to the recipient or if the address differs from what we have on our records will be discarded.

The client is responsible for submitting to Codev certain documents that are related to tax mapping procedures. Failure to submit the specified requirements leaves Codev free from any client claims.

This Service Agreement shall be governed by the Philippine law. Any court action or proceeding shall be brought only and exclusively in the proper courts of Muntinlupa City, to the exclusion of other courts.