TERMS AND CONDITIONS with GENERAL PROVISIONS

Client will use the Services in accordance with applicable law, including data privacy laws, and standard conditions of use established by INS of which Client is given notice. INS may terminate access or take other actions it reasonably believes to be necessary to comply with the law or prevent damage to INS systems or customers or disruption of other INS customers’ use of the affected Service. Client is responsible for obtaining, installing and maintaining the equipment and communications services necessary to access and use Services.

INS may (i) supplement or make changes to its rules of operations, access procedures, security procedures and standards for Client equipment (ii) change the type and location of the system equipment, facilities and software used by it in providing Services, and (iii) modify or withdraws any particular Service. If a Service is withdrawn or INS believes any other change will have a material adverse effect on Client’s operations, it will give reasonable notice to Client and will attempt to negotiate modifications to this Agreement and/or any applicable Schedule(s), which mitigate the effects of the change for a reasonable period. If the parties are unable to agree to a resolution within thirty (30) days, either party may, upon reasonable notice, terminate the Schedule(s) for the Service(s) affected by the change. Neither party will be liable to the other for damages due to such termination.

INS does not act as an agent of Client in connection with Client’s use of INS Service. The establishment of the terms of any commercial or legal relationship between Client and any third party by means of the use of INS System is the sole responsibility of Client. The provision of such service by INS shall not be interpreted as conferring any authority or responsibility on INS with respect to the establishment, continuation, or binding effect of such terms.

The period of the service shall be from the date of this Agreement. The term shall be automatically renewed for a period of one (1) year from the day immediately following the expiration date, unless otherwise notified in writing by one party to the other party at least thirty (30) days prior to the expiration date. The Client may terminate this Agreement at any time, by giving INS no less than thirty (30) days prior written notice.

INS may include Client’s name and contact information in directories of INS Service subscribers for the purpose of promoting the use of the service by additional potential trading partners. However, INS is not authorized to use Client’s name, trademarks or other identifying information in any other advertising or promotional materials without Client’s prior written consent.

As a material condition of receiving services at the fees specified in this Agreement, and in regard to any and all causes arising out of or relating to this Agreement, including but not limited to claims of negligence, breach of contract or warranty, Client agrees that:


INS’s liability with respect to any information or personnel service will not exceed, in the aggregate, the amounts paid by Client for the Service in the three (3) months preceding the event which is the cause of liability;

1. INS’s liability with respect to any item of the software will not exceed, in the aggregate, the amounts paid by Client to INS on the use of the services, or part or parts thereof, which is the cause of liability; and

2. INS will not be liable for indirect, special, incidental or consequential damage (even if INS has been advised of the possibility of such damage), including, but not limited to, lost profits or savings, loss of use of services or programs, cost of capital, cost of substitute services or programs, downtime costs, or damage and expenses arising out of Third Party Claims.

3. The remedies specified in this Agreement are exclusive.

GENERAL PROVISIONS.


1. Neither party will be liable to the other by reason of any failure in performance of this Agreement if the failure arises out of acts of God, acts of governmental authority, fires, strikes, and delays in transportation, riots, war, or any cause beyond the reasonable control of that party. If any such event delays performance, the time allowed for such performance will be appropriately extended.
2. The INS services are not fault-tolerant and are not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of any service could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, INS and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Client agrees that INS and its suppliers will not be liable for any claims or damages arising from the use of any service in such applications.
3. Client will use the Services in accordance with applicable law, including data privacy laws, and standard conditions of use established by INS of which Client is given notice. INS may terminate access or take other actions it reasonably believes to be necessary to comply with the law or prevent damage to INS systems or customers or disruption of other INS customers’ use of the affected Service.
4. Client will not directly or indirectly solicit or offer employment to, or accept from others, services by a former employee of INS, during the performance of required Personnel Services by the employee and for six (6) months thereafter.
5. All notices under this Agreement will be given by electronic means (email or fax), or by courier or mail to a party at its address set forth above or such other address as it may substitute by notice to the other party, and will be effective upon receipt.
6. Neither party may assign this Agreement without the prior written consent of the other party. However, either party may without consent of the other party assign this Agreement to a successor in interest to substantially all of the business operations of that party to which the subject matter of this Agreement relates. The provisions of this Agreement are for the sole benefit of the parties, and not for the benefit of any other persons or legal entities.
7. Before either party initiates legal proceedings, the party shall first refer such matter to the contract managers of each party. Following such referral, the managers shall negotiate in good faith to resolve such disagreement within two (2) weeks of the date of referral thereof. If the disagreement is not resolved in the course of such negotiations, the managers shall consult with a neutral third party mediator and shall use their reasonable best efforts to promptly procure a determination from such mediator. Unless the parties agree to the contrary in writing, any advice or decision of the mediator shall not be binding upon the parties.
8. This Agreement will be governed by the laws of the Republic of the Philippines. Any suit or proceeding arising out of this Agreement must be commenced within one (1) year from the date the right, claim, demand or cause of action being asserted first came into being, to be filed at the City of Makati. This Agreement (including the applicable Schedules or addendum thereto) contains the complete and exclusive understanding of the parties. No waiver or modification of any of the provisions of this Agreement will be binding unless in writing and signed by both parties.

Our Commitment:

InterCommerce Network Services, Inc. (INS) is committed to protecting your Personal Data and your Privacy.

To ensure that our customers can make informed decisions and be confident about sharing certain information with us, kindly read this Privacy Policy to further understand who we share your Personal Data with, and for what purpose. It also explains what our customers can do to limit the use and sharing of their personal information.

We do not disclose personal information about our customers to non-affiliated third parties, except as described below.

What types of information do we collect and how do we collect it?

When our customers register in our system and apply for entry declarations and various trade permits, we may collect the following information (hereafter collectively referred to as “personal information” or personal data”):

Information you provide online and on applications or other forms, or through discussions we have with you or your representatives, such as your Name, Address, Email address, Tax Identification Number, Customs Client Number, and Contact Numbers and in some cases, Passport Number

Information about your transactions with or through us, such as your account balance, transaction activity, and account history, if applicable;

Information you provide us about including your external accounts in order for us to provide you with special product and service features; and

Technical, navigational and other information transferred when visiting our websites or using our mobile applications, such as IP address, device type, and browser type.

Moreover, we may compile aggregate, anonymizeous, or de-identifyied data from various sources, including, but not limited to accounts and transactions. This data, which we may use for our business purposes consistent with applicable law, does not identify individual customers.

How do we process personal information?

Personal information may be processed both by way of computer media and on paper, in compliance with the rules in relation to personal data protection, therein including those relating to data security.

Why do we collect or process personal information?

We collect personal information for the following purposes:

To create an import, export declaration, agency permits or certification, in compliance to the agency data requirements

To establish, exercise, or defend legal claims; and

To fulfill any other purposes directly related to the above-stated purposes.

When do we disclose personal information and to what types of entities do we disclose personal information?

As a general rule, InterCommerce Network Services, Inc (INS) is not allowed to share our customer’s data to third parties, except in the limited circumstances listed below.

We may disclose your personal information to the following entities:

Our affiliated companies (?)

The various government agencies that process your Import//Export declarations, permitsdeclarations, permits and certificates.

Bureau of Customs

Philippine Economic Zone Authority

Department of Agriculture

Bureau of Animal Industry (BAI)

Bureau of Plant Industry (BPI)

Bureau of Fisheries and Aquatic Resources (BFAR)

National Meat Inspection Service

Clark Development Corporation

Subic Bay Metropolitan Authority

Freeport Authority of Bataan

Poro Point Management Corporation

Tourism Infrastructure and Enterprise Zone Authority

Board of Investments

Department of Trade and Industry

Other Government agencies which INS is accredited.may authorize INS as a service provider

non-affiliated third parties that perform services, such as marketing or market research, on our behalf (for example, we may provide your name, address, phone number, or e-mail address to third parties that send e-mail or regular mail on our behalf);

non-affiliated third parties as permitted or required by law, or to cooperate with government agencies or regulators, (including for tax purposes), securities exchanges, and law enforcement officials (in pursuant to the Republic Act 10175 “10175 “Cyber Crime Law”);

non-affiliated third parties in order to protect against actual or potential fraud or unauthorized transactions, and to protect the security of our records and systems, unless prohibited by law;

non-affiliated third parties at your direction or for which you have provided your express consent (for example, banking or financial institutions and professional service providers);

INS will request for the customer’s consent before INS use or disclose their personal information for a materially different purpose than those set forth in this Policy. Consent may be obtained by any legally sufficient method.
INS may disclose information if compelled to do so upon Court Order or if the disclosure is required by law or legal instrument., for the purposes of protecting the rights or assets of INS and facilitating the acquisition or disposition of the business of INS, and in emergencies where the health or safety of a person is endangered.

Where and for how long do we store personal information?

All data are preserved in accordance with the following retention standards:

If the data subject has an existing contract and transaction with INS, the information will be retained all throughout the contract period and 10 years after its completionand a minimum of 3 years after its completion, or as may be required by law or the government agency.

If the data subject has no existing contract with but has existing transaction with INS, the information will be retained during the transaction and 5 years after its fulfillment.

If the data subject has no existing contract and transaction with INS, the information willmay be retained for 32 years period.

All personal data are stored in our facility located in the Philippines, and are retained in accordance withto the mentioned parameters, industry standards, laws and regulations, unless the customer requests that her/his personal data be deleted in our systems, databases and hardcopies immediately.
The Data Privacy Officer may, however, choose not to grant access or correct information based on the request following laws/regulations. The DPO will give an individual written notice that sets the reason for the refusal.

How do we protect the confidentiality and security of personal information?
We maintain reasonable physical, administrative, and technical safeguards to protect your personal information. Our employees and third- party service providers have access to your personal information only on a "need to know" basis. We conduct regular internal audits of our business practices and procedures in order to protect your personal information.

What are the rights of a data subject under the Data Privacy Act?
A data subject has the following rights under the DPA, which he/she may subject in his/her discretion:

The right to access personal information;

The right to make corrections to personal information;

The right to object to the processing of personal information;

The right to erasure or blocking of personal information;

The right to be informed of the existence of processing of personal information; and

The right to lodge a complaint before the NPC.

What if there are changes in the Privacy Policy?

INS may revise or amend the Privacy Policy depending on the issuances provided by the National Privacy Commission or if there are changes in the Data Privacy Act. Any change in the Privacy Policy shall be posted in this website and will take effect immediately. We encourage our customers to periodically check back to this Policy to learn about updates to our privacy practices

Our customers may request details of their personal information which INS has under the Date Protection Act 1988. INS may charge a reasonable fee for the processing of any data access request.

If our customers would wish to have a copy of the information held by INS, we encourage them to send their request via email at marketing@intercommerce.com.ph. This is also the same for any incorrect or incomplete information they may have that needs to be updated and promptly corrected.

To exercise our customer’s rights which include their right to access, their request to modify, erase and objection in processing their personal data within a reasonable period of time after such request, or if there are any feedback on this Privacy Policy, INS can be reached via email and a written letter can also be sent to this addres

Data Protection Officer
Unit 601 The Pearlbank Center
146 Valero St. Salcedo Village,
Makati City 1227
DPO@intercommerce.com.ph
Telephone Number: +632.843.8182