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Terms Of Service Contract

Terms Of Service Contract Template for Philippines

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Key Requirements PROMPT example:

Terms Of Service Contract

"I need a Terms of Service Contract for my e-commerce mobile app launching in March 2025, which will operate in the Philippines and process user payments and personal data. The document should include specific provisions for mobile app usage and integration with third-party payment providers."

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Document background
This Terms of Service Contract is essential for any business providing services in the Philippines, particularly digital or online services. It establishes the legal relationship between service providers and users while ensuring compliance with Philippine regulations, including the E-Commerce Act (RA 8792), Data Privacy Act (RA 10173), and Consumer Act. The document should be used when launching new services, updating existing terms, or expanding operations in the Philippines. It covers crucial aspects such as service usage terms, user obligations, data protection, intellectual property rights, liability limitations, and dispute resolution mechanisms, all aligned with Philippine legal requirements. This contract type is particularly important for digital platforms, online services, and technology companies operating in the Philippine market.
Suggested Sections

1. Parties: Identification of the service provider and definition of the user/customer

2. Background: Brief description of the service offering and purpose of the terms

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Service Description: Detailed description of services provided and scope of use

5. User Registration and Account: Requirements and processes for account creation and maintenance

6. User Obligations and Conduct: Rules and responsibilities for using the service

7. Intellectual Property Rights: Ownership and usage rights of content and platform

8. Privacy and Data Protection: Data collection, processing, and protection policies in compliance with the Data Privacy Act

9. Payment Terms: Pricing, payment methods, and billing procedures

10. Term and Termination: Duration of agreement and conditions for termination

11. Limitation of Liability: Scope of service provider's liability and disclaimers

12. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction

13. Modifications to Terms: Process for updating and modifying the terms of service

14. Governing Law: Specification of Philippine law as governing law and jurisdiction

Optional Sections

1. Age Restrictions: Specific age requirements for service use, necessary for services targeting or restricting certain age groups

2. User Content: Rules regarding user-generated content, needed if the service allows users to post or share content

3. API Usage: Terms for API access and usage, required if the service provides API access

4. Affiliate Program: Terms for participation in affiliate programs, if offered

5. Enterprise Features: Additional terms for enterprise or business users, needed for B2B services

6. Geographic Restrictions: Regional limitations or specific provisions, if service is restricted in certain areas

7. Third-Party Services: Terms relating to integrated third-party services, if applicable

8. Mobile Applications: Specific terms for mobile app usage, required if service includes mobile applications

Suggested Schedules

1. Privacy Policy: Detailed privacy policy and data handling procedures

2. Acceptable Use Policy: Detailed rules and restrictions for service usage

3. Service Level Agreement: Specific service performance metrics and guarantees

4. Fee Schedule: Detailed pricing structure and payment terms

5. Data Processing Agreement: Specific terms for processing personal data in compliance with Philippine regulations

6. Technical Requirements: Technical specifications and requirements for service use

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Account
Affiliate
Agreement
Authorized User
Business Day
Confidential Information
Content
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Electronic Communication
Fees
Force Majeure
Intellectual Property Rights
License
Password
Personal Data
Personal Information
Platform
Privacy Policy
Prohibited Content
Service Level Agreement
Services
Service Provider
Subscription
Subscription Period
System
Term
Third Party
Third Party Services
User
User Content
User Interface
Usage Data
Website
Clauses
Service Description
User Registration
Account Management
User Obligations
Acceptable Use
Service Provider Rights
Payment Terms
Subscription Terms
Data Privacy
Data Protection
Data Processing
Intellectual Property
Confidentiality
User Content
Third Party Services
Service Level
Warranties
Liability Limitation
Indemnification
Force Majeure
Term and Termination
Suspension Rights
Dispute Resolution
Governing Law
Jurisdiction
Amendment Rights
Electronic Communications
Security Measures
Access Rights
Usage Restrictions
Content Guidelines
Notice Requirements
Assignment
Severability
Entire Agreement
Survival
Relevant Industries

Technology

E-commerce

Software as a Service

Financial Services

Digital Media

Online Retail

Healthcare Technology

Educational Technology

Professional Services

Telecommunications

Digital Entertainment

Cloud Services

Mobile Applications

Consumer Services

Information Technology

Relevant Teams

Legal

Compliance

Product Development

Information Technology

Customer Service

Operations

Risk Management

Privacy and Data Protection

Business Development

Executive Leadership

Information Security

User Experience

Technical Support

Relevant Roles

Legal Counsel

Compliance Officer

Chief Legal Officer

Business Development Manager

Product Manager

Chief Technology Officer

Privacy Officer

Risk Manager

Operations Director

Customer Service Manager

Chief Executive Officer

Contract Administrator

Data Protection Officer

IT Security Manager

Business Operations Manager

Industries
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic data messages and electronic documents, providing legal recognition of electronic transactions and signatures. Essential for online terms of service agreements.
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and storage of personal information. Crucial for privacy policies and data handling provisions in terms of service.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and interests, including provisions on fair business practices, advertising, and warranties that must be reflected in the terms.
Civil Code of the Philippines (Republic Act No. 386): Provides the fundamental principles of contract law, including formation, validity, and enforcement of contracts that apply to terms of service.
Intellectual Property Code (Republic Act No. 8293): Governs intellectual property rights protection, important for content ownership and usage rights provisions in terms of service.
Philippine Competition Act (Republic Act No. 10667): Ensures fair competition and prohibits anti-competitive agreements, relevant for terms regarding market practices and service restrictions.
DTI Department Administrative Order No. 01-02: Guidelines for Protect of Personal Data in Information and Communications System in the Private Sector, providing specific rules for data protection in electronic systems.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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