Hosting Terms & Conditions

1. Agreement

These terms and conditions are the terms on which we provide the Service to you. They apply to us and to you. These terms supersede prior agreements as at date 1 February 2026.

These terms also apply to every user of the Service. It is a condition of your use of the Service that:

• you comply with these terms and conditions;
• you make every User aware of these terms and conditions; and
• you ensure that every User complies with these terms and conditions.

Changes to These Terms and Conditions

These terms and conditions are subject to change. We will give you notice of the change and you will then need to approve compliance with the new terms and conditions as amended, or cease using the Service.

Duration of This Agreement

This agreement commences on the date you sign up for the Service by:

• Emailing your approval to host your website with The Cake Labs; and/or
• Signing and accepting a formal proposal and quote.

This agreement continues until either party terminates by thirty (30) days notice in writing to the other party. On termination or expiry of this agreement for any reason:

• our obligation to provide the Service to you ceases;
• you must not attempt to use or access the Service after the date of termination;
• each party's rights and obligations accrued prior to termination are not affected; and
• we will supply a backup of your site and data, then delete that from being stored on our end.

If the Service Provider terminates the Service for any reason, then this agreement will terminate automatically. In that case, unless the Service Provider terminated this agreement due to failure by you or a User to comply with these terms and conditions, you will be entitled to a pro-rata refund of any unused months, within the twelve (12) month period.

2. Server & Network Maintenance

Scheduled Maintenance

In order to keep servers up to date, our infrastructure provider will perform scheduled maintenance to servers from time to time. We reserve the right to suspend changes to the server during the time required for the scheduled maintenance.

Our infrastructure provider attempts to perform all scheduled maintenance at off-peak times. If the maintenance period is expected to last for more than thirty (30) minutes and during standard business hours, then The Cake Labs will contact you regarding the maintenance times.

Unscheduled Maintenance

Unscheduled maintenance may need to be performed. During this time the server may be offline. While these occasions are rare, we will do everything we can to make this offline time short and contact you with updates and expectations, if these occur within standard business operating hours and if they are expected to exceed more than thirty (30) minutes.

3. After Hours Support & Server Downtime

If your website goes down and you require The Cake Labs to action a server reboot or for a Developer at The Cake Labs to action any fixes to resolve the issue "out of hours", this will be billed at the applicable after-hours rate.

After hours are considered to be before 9:00 AM and after 6:00 PM (GMT+8 timezone) Monday to Friday and any time Saturday and Sunday.

However, should this downtime be a result of server failure on The Cake Labs' or our infrastructure provider's end, these charges will be waived. For any other reason, we will endeavour to resolve this issue in a timely manner and provide timesheet entries within the invoice. Furthermore, suggestions to prevent future issues will be provided.

For any questions or queries around what causes a website to go down, and when it is considered a failure on The Cake Labs' side, please get in contact with us.

4. Client Data and Data Backup

Uploading Client Data

Except for intellectual property rights in the Client Data, our infrastructure provider and The Cake Labs will own all intellectual property rights created during the course of providing the Service.

Subject to this clause and the Acceptable Use Policy, you and your Users may upload content that you wish to be part of your website. You must ensure that all Client Data:

• complies with the Acceptable Use Policy;
• complies with all Laws; and
• does not infringe the intellectual property rights of any person.

Our infrastructure provider and/or The Cake Labs may remove any Client Data it considers unsuitable.

Data Backup

It is your responsibility to maintain local copies of your web content and information. The Cake Labs performs daily backups of all server data; however, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events.

The Cake Labs can supply you with a backup copy of your data and website, upon request, at no additional cost beyond your Hosting Plan costs.

Updates of Website Software

From time to time, The Cake Labs may recommend required updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then:

• The security of your website and Data may be compromised;
• The quality and functionality of your website may be affected.

The Cake Labs does offer a website maintenance service, should this be something you would like to discuss with us. This is a separate service and charge to your hosting costs.

It is important to understand that plugin, PHP, and CMS updates are not related to the hosting of your website files. It is the responsibility of clients, unless a maintenance package is in place, to maintain these.

If updates of these cause conflicts or issues on the client's website, The Cake Labs will recommend a path forward and propose a scope and costs to resolve these issues.

5. Account Rights

Hosting Plan

At the time that you sign up for the Services, you are agreeing to the recommended plan by The Cake Labs. The proposed hosting plan takes into consideration the:

• disk space (web files, email, and database);
• maximum monthly level of traffic usage before incurring extra traffic costs; and
• database resources.

that is included in the Services.

Control Panel Access

Access to your hosting control panel via a third-party provider (for example, your email hosting or IT provider) will be granted upon request.

A signed waiver that The Cake Labs will not be liable for any downtime or issues with your site during this time will need to be signed prior to access being granted.

If this third party causes site failure and The Cake Labs is needed to resolve these issues, The Cake Labs will supply a scope and estimate of hours required, for approval prior.

No Resale

You must not resell the Services without our express permission. Reselling of the Services without our express permission will bring you into breach of this agreement.

Technical Support and Other Additional Services

The Fees include the provision of normal web hosting and server maintenance services. At your request, we may carry out Additional Services for you, for example:

• technical support for application-specific issues, such as PHP, HTML, or script installation;
• ongoing CMS and/or plugin maintenance and support.

You must pay for all Additional Services that you request at our then-current Professional Rates.

Suspension or Termination of Account

We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you and all Users are complying with this agreement.

We reserve the right to suspend your account, or terminate your account with immediate effect without notice, if:

• we believe that your use of the Service may be in breach of any law;
• we believe that you or a User has committed a breach of this agreement;
• we believe that your use of the Service may compromise or have an adverse effect on our systems or networks, or the Service Provider's systems or networks; or
• the Service Provider suspends or terminates your account.

If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.

Cancellation of Service

If your invoice is not paid in full, or an arrangement agreed with The Cake Labs, one (1) month after due date, The Cake Labs reserves the right to cancel service without any compensation or remuneration to you, for loss of business, income or other.

The Cake Labs will attempt to contact you three (3) times via email or phone when an invoice is overdue, to help rectify the cancellation of the service.

If you, the client, wish to cancel the hosting service, this needs to be done in writing along with a date for that to take effect. One (1) working week notice is required for The Cake Labs to export a backup copy of your site and supply this, before then terminating the agreement and service.

6. Domain and DNS Management

The Cake Labs can also manage your DNS and Domain, should you wish to move this with your hosting.

Outside of third-party costs to renew or register Domains, The Cake Labs does not charge any ongoing additional costs, outside of the hosting costs, to manage your domain.

For registering new domains on behalf of the client, The Cake Labs will confirm third-party costs for approval, prior to registration. These costs and the party selling the domain have no relation or affiliation with The Cake Labs.

Domain Renewals & Lapses

If your domain managed or registered with The Cake Labs is due for renewal, The Cake Labs will contact the client for approval to renew, through writing via email and also via phone. Ensuring any change of details or contacts throughout the client and The Cake Labs' relationship is the responsibility of the client. The Cake Labs will attempt each form of communication three (3) times. If no response is received, The Cake Labs will allow the domain to lapse.

It is the client's responsibility to return all means of communication from The Cake Labs should the client wish to renew their domain.

If the domain expires, no remuneration or compensation will be given by The Cake Labs to the client for loss of income or business. If the Domain, once lapsed, has been purchased by another party, you (the client) agree that you will have no claim against The Cake Labs in respect of any action reasonably taken by us, for compensation or loss of income or business.

The Cake Labs, when managing your DNS and Domain, has no limit of record changes required. If requested by the client or a third-party, The Cake Labs is not liable if those requests cause issues.

7. Email Hosting & Management

The Cake Labs does not in any way provide Email Hosting, Management, or Setup as part of the web hosting service. This is the responsibility of the Client to manage and handle either on their own end, or via a third-party provider.

The Cake Labs will however assist in setting up SMTP using the preferred SMTP Plugin at the time of implementation.

The Cake Labs must host the client website in order to assist with this setup free of charge. If the client requires assistance here and The Cake Labs does not host the client's website, fees will be incurred and costed based on the requirements.

SMTP will be recommended by The Cake Labs for all Hosting Clients, at time of The Cake Labs taking over hosting of the Client's website. This is ultimately the client's responsibility to approve the implementation of SMTP.

The Email Hosting settings required for SMTP will be the responsibility of the client to provide to The Cake Labs, before any work is undertaken.

It is the responsibility of the client to maintain and update the SMTP plugin ongoing, unless other services agreed between the client and The Cake Labs have The Cake Labs undertaking Plugin and Website Maintenance.

Where settings on the client's Email Hosting side change, this is the responsibility of the client to update or notify The Cake Labs. It is the responsibility of the client to ensure emails ongoing are being received and SMTP is actively working.

The Cake Labs is under no obligation to continue to check and manage email connections.

8. Payment

Billing

At the commencement of this agreement, the following billing method is implemented:

• Annual billing for the hosting fees applicable (unless otherwise agreed) to your Hosting Plan.

You must pay all Service charges, minimum charges, and other amounts incurred by you or any User.

9. Fees

You are liable to pay the following fees:

• the setup fee (if any) that we advise you of at the commencement of the agreement;
• fees for Excess Traffic Usage (if any) for each month;
• fees for Excess Storage (if any) for each month; and
• fees for Additional Services (e.g., domains, additional SSL Certificates purchases, etc., if any) that you request us to perform.

The hosting fees are charged annually one period in advance. The Fees are exclusive of any registration or delegation charges imposed by domain name authorities or your ISP.

The fees for Excess Traffic Usage and Additional Services are charged at the end of the month for the previous month, unless other arrangements are made in writing with The Cake Labs.

The Cake Labs will confirm, through a report, where these excess fees and usages have come from, so the client can better prepare and avoid any future fees, if not necessary.

Changes to Fees

Our current Fees are set out in your quotation. They will apply to you for the duration of the billing period. We reserve the right to change our Fees. If we change our Fees, then we will provide you with notice of the changed Fees through the website, or email to you. The new fees will apply from the date that your pre-paid billing period expires.

Invoicing

Your invoice will be sent to you one (1) month prior to the due date. You must pay as indicated on the invoice sent to you from The Cake Labs.

We reserve the right to immediately terminate the Service if payment is not received by the due date or alternate arrangements made in writing to us.

The Service Provider and The Cake Labs are not responsible for data integrity on accounts suspended for non-payment.

Tax

Unless we expressly state otherwise, all fees and charges exclude applicable taxes.

10. Limitations of Service

You acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems:

• the services provided under this agreement will not be uninterrupted or error-free;
• the services may not meet all your business requirements and needs; and
• your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions, or other reasons.

11. Liability

• Our liability to you for any Loss, however caused (including by our negligence), that you suffer or incur in connection with the Service or this Agreement, whether or not you were aware of the possibility of such Losses to you when this agreement was entered into, is limited to the amount of Fees received by us from you under this agreement.
• The maximum amount you may claim from us for Losses suffered or incurred by you in connection with this agreement is limited to the aggregate amount of fees which you have paid us for this service at any time, less any amounts already paid out or due to be paid out by us to you for any reason.
• We are not liable for any indirect or consequential losses, or any loss of revenue, loss of profit, loss of business opportunity, or payment of liquidated sums, penalties or damages under any agreement, sustained by you or any other person arising from or in connection with the Service or this agreement.
• We are not liable for any Losses you suffer or incur by, or in connection with, the Service or this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party.
• We are not liable for any Losses you suffer or incur due to factors outside our reasonable control.

Any condition or warranty which would be implied by law as a term of this agreement is excluded to the fullest extent permitted by law.

12. Acceptable Use Policy

This is the Service Provider's Web Hosting Acceptable Use Policy. It applies to all Customers and all Users.

This Acceptable Use Policy may change if:

• the Service Provider changes it; or
• the Service Provider changes and a new Service Provider begins providing the Service.

If the Acceptable Use Policy changes:

• the Service Provider or The Cake Labs will notify you of the change through the website or by email to clients, or both;
• the new Acceptable Use Policy will apply from the date that we or the Service Provider notifies you of it; and
• if you disagree with the new Acceptable Use Policy, you may terminate this agreement by providing seven (7) days' notice to The Cake Labs.

Acceptance

The Customer signified acceptance of this Acceptable Use Policy, as well as our Terms of Service and Privacy Policy, when they submitted their order to The Cake Labs for Services, and that order was accepted.

The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.

Unacceptable Content and Material

The Customer may not publish, transmit, distribute or store any content or material on our servers or network that The Cake Labs believes:

• Constitutes child pornography;
• Is excessively violent or incites, threatens or implies violence;
• Contains harassing content or hate speech;
• Is unfair or deceptive under any relevant consumer protection law;
• Is defamatory or violates a person's privacy;
• Creates a risk to a person's safety, health or security.

The Service Provider and The Cake Labs are not responsible for the content of traffic. We exercise no supervision or control whatsoever over the content of the information passing through our network. We accept no responsibility for the consequences of unauthorised breach of our system security such as hacking or denial of service attacks.

13. Account Uses

You may use the service for the purpose of website hosting so long as such use is legal and does not constitute an unacceptable use.

The Cake Labs does NOT allow adult material of any kind. Adult material includes nudity, pornography, etc. Links to other websites containing adult material are NOT permitted either. The Cake Labs reserves full right to suspend any account that does not comply with this guideline.

You may not use the Service for any purpose that violates local, state, federal, or international laws. You may not use the Service for spamming, spoofing, generating extremely high volumes of outgoing mail, or subscribing someone else to an electronic mailing list without that person's permission.

The Cake Labs' services may not be used as a conduit of spam, or for transit of spam, or for activities relating to the propagation of spam or benefiting thereof. The Cake Labs remains the final arbitrator of what is or is not considered spam on the Service Provider's network.

You may not abuse our server resources. Running programs in the background on our server without our prior written authorisation, or running chat rooms, IRC bots, and the like are not acceptable uses. Any domain that exceeds reasonable bandwidth usage can be terminated without prior notice, especially if it is deemed to be a threat to other clients and websites on shared servers.

You may not use the Service Provider's servers for development purposes. The Client's website must be fully developed and tested before it can be moved to our servers.

The Client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The Client is responsible for securing their username and password.

We may monitor your account but will respect your privacy. We may suspend or terminate your account and/or notify the authorities, if we believe that your use of the service may break the law or that you have not complied with this policy.

14. You Indemnify Us

The Client agrees to indemnify and hold harmless the Service Provider and The Cake Labs and the employees and agents of the Service Provider and The Cake Labs (together, "Indemnified Parties") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse each Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

15. Governing Law

This agreement and the transactions contemplated by this agreement are governed by the applicable laws of the Republic of the Philippines.

16. General

Any notice given under this agreement must be in writing, addressed to the other party's contact persons as notified by the other party.

This agreement does not create a relationship of employment, agency or partnership between the parties.

We may subcontract our obligations under this agreement.

The failure of a party at any time to insist on performance by the other party of an obligation under this agreement is not a waiver of any of its rights.

If part or all of any of the provisions of this agreement is illegal or unenforceable, it will be severed from this agreement, and will not affect the continued operation of the remaining provisions.

17. Dictionary