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CONTRACT OF SERVICE BI: DltS; _ 7<) c
KNOW ALL MEN BY THESE PRESENTS:
is Contract, made and entered into in Quezon City, Metro Manila, this _ day of 2$\t JuN 15 2016 by and between:
HOUSING AND LAND USE REGUTATORY BOARD (HLUR8), a government agency duly created, organized and existing under Philippine Laws with office's address at Sunnymede lT Center, 1614 Quezon Ave., Brgy. South Triangle, Quezon City, represented herein by its Commissioner and Chief Executive Officer, ATTY. ANTONIO M. BERNARDO, hereinafter referred to as the "HLURB";
-and-
CONVERGE INFORMATION AND COMMUNICATIONS TECHNOTOGY SOLUTIONS INC., A corporation duly organized and operating under the laws of the Philippines, with its office address at Reliance Center Annex 1., #99 E. Rodriguez Jr. Avenue, Bo. Ugong, Pasig City, and at Ground Floor Newstreet Mac Arthur Highway, Balibago, Angeles City, Pampanga, represented herein by its Business Development Head of Metro Manila, CECIL S. GARCIA, herein referred to as "CONVERGE ICT SOLUTIONS INC.";
WITNESSETH THAT:
WHEREAS, HLURB is in need of services of an lnternet Service Provider for its various internet and other connection requirements;
WHEREAS, CONVERGE ICT SOIUTIONS lNC. via fiber optic transmission network, provides access to the internet with its multiple high speed gateway capability, and is willing to provide the internet and communication service requirements of HLURB;
NOW, THEREFORE, for and in consideration of the foregoing premises and the terms and conditions hereto set forth, the parties hereby agree as follows:
ARTICLE I OEJECTIVE
CONVERGE ICT SOLUTIONS lNC. shall provide the HLURB with the fiber optic interconnection necessary for the HLURB to gain access to the lnternet.
ARTICLE II RIGHTS ANO RESPONSIBILITIES OF CONVERGE ICT SOLUTIONS INC.
CONVERGE ICT SOLUTIONS lNC. shall provide the access to computer systems and information stored within the network hub In a manner it deemed appropriate subject to consultation with the HLURB.
Page 1 of 6 Thus, it will deliver to HLURB the following services:
a) Dedicated lnternet Service with Committed lnternet Relay (ClR) of 12 Mbps terminated with a fiber optic connection;
b) /29 lP Address with 6 usable; c) 200MB Web Space, 100 E-mail Accounts with 5Gbps E-mail;
d) lnternet bandwidth utilization via web;
e) 24 X 7 Technical Support;
f) Advance notice of any scheduled maintenance hours;
g) Redundant routes of lnternet access via its multiple gateway facilities (refer to ANNEX "A" Network Diagram")
h) lnstall the following termination equipment at HLURB office:
h.i) Media Converter / CPE / Modem; and h.ii) Fiber Optic Cable
i) In cases of lnternet Service lnterruptions (please see reference below), HLURB shall be entitled to credit in the amount commensurate to the length of such interruption. This however does not apply in case of force majeure.
Length of lnterruption Credit Less than 30 minutes None 31 - 179 minutes 7/LO daV 180 - 389 minutes US daV 390 - 539 minutes 2/5 daV 5rt0 - 719 minutes 3/5 day 720 - 899 minutes 415 day 900 - 1440 minutes One day
Unreported downtime to CONVERGE lcf SOLUTIOf{S lNC. shall not be given credit. Credit shall start from the time of reporting up to the time the problem is fixed by CONVERGE lcf soLUT|oNs rNc.
HTURB Credits must be deducted from the succeeding month's charges, following the procedure below:
a Within five (5) business days upon resolution of the problem and closure of the Trouble Ticket, HLURB must contact CONVERGE ICI SOLUTIONS lNC.'s assigned Account Manager, via email or written notice, or request a service rebate (HLURB credit) using the issued Trouble Ticket as reference.
HLURB must provide relevant details such as: HLURB representative's name and contact information, date and time service interruption was reported to Service Provider's Helpdesk, and date and time service was restored.
ln the event that accumulated HTURB credits exceed fifty percent (50%) of HLURB's total annual charges, HLURB shall have the option to cancel the contract at any time without penalty.
Page 2 of 6 The following service unavailability or service disruptions shall not constitute downtime or cause computation of HLURB Credits.
a) Suspension of Service as a result of the following: a.1 HLURB is in breach, non-compliance, or is in violation of any of the provisions in the Agreement during a Service Outage; a.2 HLURB non-payment or dues that remains unpaid for more than one hundred twenty (120) days;
a.3 When service is being modified/upgraded per HLURB request; and a.4 When service in under maintenance repair provided that the prior notice of scheduled maintenance has been given to the HLURB.
b) Downtime due to security breaches including but not limited to, denial of service attacks, network floods, hacking or other security lapses (e.g. computer virus attacks from external sources via lnternet) on HLURB's systems, equipment and network, and mail "bombs" or mail " spamming" (unsolicited e-mails) on the Subscribe/s servers.
c) Downtimes caused by fortuitous events and/or force majeure; d) lnability of a Service Provider's technical staff to gain access after following protocols to HLURB's systems and/or premises for purposes of fault rectification;
On the other hand, HTURB will be responsible for the following:
a) Configuration of its internal equipment for access to the internet; b) Provision of routers and other equipment required to interconnect its computers to CONVERGE lcf SOIUTIONS lNC. lnternet Service.
c) Designation of a point person who will be official contact of CONVERGE ICT SOLUTIONS lNC. for the lnternet Service;
d) Caring of CONVERGE lCf SOtUTIOI{S lNC.'s equipment and facilities;
e) Observance of rules on lnternet usage.
ARTICLE III FEES
1. ln consideration of the Network Services to be rendered by CONVERGE ICT SOLUTIoNS lNC. as provided in Article ll thereof, HLURB shall pay the following fees, which are inclusive of Value Added Tax (VAT):
TOTAT SUBSCRTPflON FOR SEVEN (7) MONTHS Php217,000.00 (Two Hundred Seventeen Thousand Pesos Only)
or
Thirty-One Thousand Pesos (Php31,flx).(x)) a month for Seven (7) months.
2. The Monthly Subscription Fee shall be due and payable within Thirty (30) days from the receipt of the monthly Statement of Account.
Page 3 of 6 3. A monthly surcharge of 2% ol the total unpaid balance shall be added to the unpaid subscription.
ARTICTE IV TERMS, RENEWAT AND TERMINATION
1. This Agreement shall be in full force and effect starting 01 June 2016 and expire on 31 December 2016, unless pre-terminated through a written notice by HTURB to CONVERGE lCf SOLUTIOI{S lNC. due to breach of contract by the latter or the services being rendered by CONVERGE lcf SOLUTIONS lNC. proved to be unsatisfactory. After the expiration of this contract, the parties may agree on extension of service on a month-to-month basis under the same terms and conditions until new contract is drawn, agreed, and signed by both parties. Provided thot such extension shall not exceed twelve (12) months.
ARTICLE V MISCELTANEOUS PROVISIONS
1. All equipment installed and/or provided by COI{VERGE ICT SOLUTIONS lNC. shall remain the property of COilVERGE ICT SOIUTIONS lNC. HLURB has no property right or interest over the same but only the right to use them. ln the event that the equipment of CONVERGE ICT SOTUTIONS lNC. are damaged due to acts or omissions of the employees, guest or any persons allowed access by HTURB to the premises where the equipment are located, ordinary wear and tear excluded, HLURB shall pay for the value of the damage suffered by CONVERGE lCf SOLUTIONS lNC. However, if the eguipment is found to be defective to no fault to HLURB, said equipment will be replaced by CONVERGE ICI SOLUTIONS lNC. without any cost to HLURB.
2. While every care is taken by CONVERGE ICT SOIUTIONS lNC. in rendering the Service, it warrants the regular access-with the quality of information and services received by HLURB thru the system under the conditions and/or terms in Article ll hereof.
3. Both parties shall abide by all applicable laws, rules and regulations and all the terms prescribed by the National Telecommunications Commission for the use of any telecommunications systems, service or equipment.
4. This agreement may only be amended or modified upon mutual written agreement of the parties thereto.
5. This Agreement is governed by the laws of the Republic of the Philippines and the parties submit to the exclusive jurisdiction of the Philippine courts.
6. Any dispute or claim arising from this Agreement shall be filed before the proper courts of Quezon City.
Page 4 of 6 JUt{ LL5 eoro lN WITNESS WHEREOF, the parties have thereunto set their hand on this _ day of 2015 irptrisrB thy""" Manila, Philippines.
HOUSING AND LAND USE REGUTATORY BOARD CONVERGE INFORMATION AND (HruRB) COMMUNICATIONS TECHNOTOGY soLUTtoNs rNc. (CONVERGE lcr SOLUTIOI{S lItlC.)
ATTY. ANTONIO M. BERNARDO MS. CE IL S. GARCIA rrt Executive Officer and Commissioner Head, Business Development Group / Signed in the presence of:
l@1ry',, ENGR. RUNEL #ANII'IGCO MS, CZARINA CA U. HASHIM otc- tcTD Key Account Manager
Certified funds ovoiloble
JhlilAttM MARIZET B. CORREOS Chief Accountant 02 -(bO 4915 - ZoiU' d" - 2q'1
.JUN 0 1 2016
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPI,NES rrr r,(r Ul ( f ) ) s.s. pa stG StTy BEFORE ME, a Notary Public for and in the City of _, Philippines, on this day I 5 . 2016, personally appeared: "JUN m$
Nome ldentificotion Place/Dote of lssue - Document/No. ATTY. Al,lTONlO M. BERNARDO DFA Manila Passport No. ES-43a9717 For Housing and Land Use Regulatory Board 06 Jan. 2012-05 Jan. 2017
MS. CECIt S. GARCIA D?A rro,rio For converge lnformation and 3 0B fur. iDiS - 6+ Aoc. )qtE communications Technology Solutions lnc.
Page 5 of 6 respectively known to me to be the same persons who executed the foregoing instrument consisting of six (6) pages, including this whereon the acknowledgment is written and signed by the parties and witnesses on each and every page thereof and acknowledged to me that the same is their free act and deed as well as those of the companies they represent.
W|TNESS MY HAND AND SEAL, on the date and at the place above written.
NOTARY PUBLIC
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I'ASIG, TA LTiG,SA}iJUAN,PATEROS tirlil Dccembcr ll,20l6 CitY Doc. No. tfr, ti,iF P&\ig Cir.i ti.rll, Brgy. San Nicolas, Pasig / 03-17'1966 Page No. Roil No.20603 PTR No.1383952 / 0 l/04/ l6 Pasig CitY Book No. W" IBP No. 1016928 / l2123'15 Ri2-rl Series of 2016. MCLE ConrPliaace No.lV- i\-P 0(12242 A!,ix) lntd.nl No. 187 (20r5-2016) CI.LL No.09996916111
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