This Agreement relates only to  PREMAN ERP  subscription provided by FILMETRICS CORPORATION and shall be in effect from and after the actual activation of the system.

By subscribing to Preman services (the “Services”) provided by Filmetrics Corporation in relation with ERP System (the “Software”), hosted on Cloud platform you (the “Customer”) are agreeing to be bound by the following terms and conditions (the “Agreement”).

1.        Subscription Terms

         a. Subscription: The subscription to the product provides access to Preman ERP on a subscription basis for  a specified term.

         b. Term: The term of the subscription will be specified based on the number of years, contracted.  The subscription  will  automatically                     renew for successive terms unless terminated by either party in  accordance with   these    Terms and  Conditions.

 c. Payment: You agree to pay the subscription fee for Preman ERP equivalent to the number of years, contract.  The subscription  fee is            non-refundable.

 

2.        Use of Preman Subscription Service

a.   Access: You are granted a limited, non-exclusive, non-transferable access and use of Preman ERP based on the module/selected during the term of your subscription.

b. Restrictions: You may not copy, modify, distribute, sell, or lease any portion of product. You may not reverse engineer, decompile, or disassemble the product or attempt to discover any source code or underlying ideas or algorithms of Preman ERP subscription service

c.   User Content: You are responsible for all content that you upload, post, email, or otherwise transmit to or through Preman ERP subscription service. You warrant that you have all necessary rights to such content and that the use of such content by Preman ERP subscription service will not infringe any third party rights.

d. Implementation: Deployed using a “Rapid Implementation Methodology” to ensure high quality standard solution that enhances productivity. This method employs a conventional IT Implementation approach with an in-house project team and a feasible timeline. The timeline is determined by the modules subscribed, scope includes set-up and configuration, training and Hypercare support for a specified duration.

e.   Support:

e1. The package is inclusive of free 50 hours Level 1 Support and Maintenance. This shall start after the Hypercare support and expires after three months. 

e2.  I n the event that client consumes the number hours included in the package for support and maintenance, the client may avail of additional 50 hours of Support and Maintenance for a specified rate.

e3. Servicedesk hotline, email and remote access support are provided for system issues encounter by customers 8AM – 5PM from Monday to Friday except holidays.

e4.  Onsite support is chargeable at a specified rate per manday and subject to availability of resources. Out of town on-site support shall incurred incidental cost like transportation and accommodation to be quoted separately.

 

f.   Hosting: The system is cloud base and access is not dedicated to client. System response will be based on the load of the system and connection of the user. The storage allocation for cloud hosting is up to 2GB. Once the limit is reached, client must subscribed for additional storage capacity with additional cost

g.   Updates and Maintenance: Filmetrics Corporation may conduct occasional product updates and maintenance for the duration of a pre-    determined window. During this time, possible downtime may occur due to maintenance and upgrades of the system

h.   Warranty: Preman ERP is provided “As Is”, the product is warranted against bugs and other software glitches during the subscription period.

i.   Customization: Filmetrics Corporation reserves the right to accept or reject requests for customization. Furthermore, customization will incur corresponding fees at specified rate. Customized version will no longer be possible to shared hosting.  A separate instance and dedicated connection will be created.

 

3.        Customer Obligation

a.   Pay Filmetrics the applicable charges for the Services of the present Agreement, in accordance with the payment conditions specified at the signature of this contract.

b.   If you intend to cancel our service, kindly provide Filmetrics with advance notice before your due date. Failure to do so will result in an automatic renewal of your subscription for the following year.

c.   Agree to provide a primary point of contact to facilitate all communication with Filmetrics. This person will also have authority to make decisions related to the services provided by Filmetrics Corporation on behalf of the client.

d.    Provide written notice to Filmetrics 30 days before changing their main point of contact to work with.

e.   Take all reasonable measures to keep their user accounts secure, by choosing a strong password and not sharing it with anyone else.

f.   Acknowledges and agrees that Filmetrics is permitted to acquire personal information about the company’s employees and authorized representative in connection with the use of Preman ERP. Said information will be kept confidential and secure and shall not be used without the express consent of the data subject.

4. Confidentiality

                 

 Definition of “Confidential Information”:

 

 Each party agrees to keep confidential all information disclosed to it by the other party that is designated in writing as confidential or that reasonably should be considered confidential given the nature of the information and the circumstances surrounding its disclosure (the “Confidential Information”). The receiving party shall not use or disclose any Confidential Information of the disclosing party for any  purpose outside the scope of this Agreement, except with the disclosing party's prior written permission. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the   same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall either party exercise less than reasonable care in protecting such Confidential Information. If the receiving party is compelled by law to disclose Confidential Information of the disclosing party, it shall provide the disclosing party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's cost, if the disclosing party  wishes to  contest the disclosure.

 

The parties acknowledge that the Confidential Information may include personal data, as defined by  Republic Act No. 10173, also known as the Data Privacy Act of 2012 (“DPA”), and that they shall comply  with the provisions of the DPA and all other relevant data privacy laws and regulations in the collection,  use, processing, and storage of such personal data. The parties shall implement appropriate technical, organizational, and physical measures to ensure the security and confidentiality of the personal data and to prevent unauthorized access, disclosure, or processing."

  5. Data Protection

​

         a. Definition of Personal Data: For the purposes of this clause, "Personal Data" refers to any information   that can be used to identify an                        individual, including but not limited to full name, ID number, photo, email address, contact number, company name and address.

         b. Collection of Personal Data: We will collect Personal Data from you when you register to PREMAN ERP subscription service. We may                        also  collect Personal Data from other sources with your consent or where permitted by law.

 

        c. Use of Personal Data: We will use your Personal Data to provide you with our product and to improve  our services.

 

        d. Disclosure of Personal Data: We may disclose your Personal Data where required by law or where necessary to protect our rights,                    property,  or safety.

        e. Data Security: We will take reasonable steps to protect your Personal Data from unauthorized access, use, or disclosure. We will use                industry-standard encryption and other security measures to protect your  Personal Data.

 

         f.   Retention of Personal Data: We will retain your Personal Data for as long as necessary to provide you  with our product and to comply                 with our legal obligations. We will also retain your Personal Data for a reasonable period after you cease using our services in order                         to maintain our records.

 

         g. Changes to this Clause: We may amend this data protection clause from time to time to reflect changes  in our practices or for legal                 reasons. We will provide you with notice of any changes and obtain your consent if required by law.

6. Limitation of Liability

            In no event shall we be liable for any indirect, special, incidental, consequential or exemplary damages arising out or in connection with          PREMAN ERP Subscription Service, including without limitation, damages for loss  of profit, loss of data, business interruption , or any            other commercial damages or losses even if we have been advised of the possibility thereof.

7. Governing Law and Jurisdiction

 

  This Clause shall be governed by and construed in accordance with Philippine law.  Any dispute arising  out of or in connection with this               Clause shall be submitted to the exclusive jurisdiction of the courts of  the Philippines.

 8. Entire Agreement

 

These Terms and Conditions constitute the entire agreement between you and us with respect to the PREMAN ERP subscription service  and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect to the  PREMAN ERP subscription service.