MarketlinkPH SMS Service Agreement Inbound SMS Processor v4.

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SERVICE AGREEMENT
This Agreement is to provide and SMS-based Inbound SMS Processor (SERVICE) to the CUSTOMER of Makati Corporate Office Services Inc. under its MarketlinkPH marketing services brand (MARKETLINKPH) to the CUSTOMER identified below subject to the following conditions: 1. For remuneration specified in Section 2, MARKETLINKPH commits to render the following: 1.1. Provide non-dedicated 11-digit long code gateway number that CUSTOMER can ask its users to send SMS to 1.2. Setup AdWord(s) and expected capitalization variations and expected system response (HTTP Call, also known as SMS to Web) to the AdWord as defined by CUSTOMER in the attached sheet, subject to AdWord format and 160-character message limit rule, and process incoming messages from Smart, Globe and Sun users. 1.3. Generate and e-mail a monthly report containing the cell numbers of those who sent the AdWord. 2. For SERVICE rendered by MARKETLINKPH, CUSTOMER agrees to the following charges 2.1. One-time Setup Fee (OSF) P 5,000.00 2.2. AdWord Hosting Monthly Service Fee (MSF) P 950.00/month per AdWord Payment shall be made at the office of MARKETLINKPH or through bank. Payments are due with the first five (5) days of the month, subject to penalty surcharge of ten percent (10%) for delayed payments. 3. Terms and Conditions/ Limitations 3.1. Price is based on Tier 1 processing up to 5,000 messages per month. Upgrading to Tier 2 to process up to 10,000 messages per month shall be subject to additional OSF of P 10,000.00 and additional MSF of P 4,000.00. Higher Tier 3 can be negotiated. Unused allocations shall not carry over to the following month. Monthly Reports are provided free of charge within 5 business days of the end of the month. Additional Reports or ad-hoc shall be billed at P 2,000.00 per instance and can be provided in 1 to 2 business days. 3.2. System is directly dependent on the speed, system load and quality of service of Globe Smart and Sun networks and delivery of messages is subject to the same guarantee provided by Globe Smart and Sun. 3.3. The system shall be general available 24 x 7 x 365. However, it is dependent on external factors such as availability of electricity (it is protected only against power failure for up to 1 hour and not prolonged electrical service interruption, particularly in the event of calamities) and stability of underlying software including Microsoft Windows. System may have to be restarted at time or downed for maintenance as can be expected for Microsoft Windowsbased systems.
3.4. IN NO EVENT SHALL MARKETLINKPH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MARKETLINKPH OR ANY SUPPLIER, AND EVEN IF MARKETLINKPH OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAXIMUM LIABILITY OF MARKETLINKPH IS EQUIVALENT TO PRO-RATA MSF FOR THE MONTH OF INTERRUPTION.

4. Upon the signing of this Agreement, CUSTOMER shall pay unto MARKETLINKPH the OSF and TWO (2) MSF representing 1 month deposit and fees for first month. Deposit shall be refunded at end of the Agreement less any charges that remain unpaid. Pre-termination shall void the deposit. 5. The term of this Agreement is ONE (1) YEAR commencing on and expiring on For MARKETLINKPH For CUSTOMER:

___________________________________ MR. RED PAREDES

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MarketlinkPH SMS Service Agreement Inbound SMS Processor v4.00

MARKETLINKPH CUSTOMER INFORMATION SHEET

Business Name Registered Business Address

: ______________________________________________________ : ______________________________________________________ ______________________________________________________

Products and/or Services

: ______________________________________________________ ______________________________________________________

List of Individuals within the Company

Contact Person #1 (Primary) Contact Person #2

: ____________________________ Tel Numbers_______________ : ____________________________ Tel Numbers_______________

Contact Person #3 e-mail address for Reports

: ____________________________ Tel Numbers_______________ : ____________________________@_______________

ADWORD AND EXPECTED ACTION

MakatiCorp/MarketlinkPH SMS service is featured in the article "The Science Behind Text Blasting" in Vol 5 No. 3 issue of ADEDGE MAGAZINE - the official magazine of the Philippine Association of National Advertisers