Terms & Conditions

General

These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by BA Farms, Inc.. (“BA Farms, Inc.”, “bafarms.ph”, “we”, “our”, or “us”). These Terms and Conditions represent the whole agreement and understanding between BA Farms, Inc. and the individual or entity who subscribes to our service (“Subscriber” or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. BA Farms, Inc. may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that BA Farms, Inc. believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

BA Farms, Inc. may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): http://www.bafarms.com/terms-and-conditions. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

Services

All features, content, specifications, products and prices of products and services described or depicted on this web site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this web site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this web site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any video or audio recordings and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

Services are provided on the basis of facility and equipment availability. BA Farms, Inc. reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Access to the web and email servers is terminated upon expiry of the Service.

Details regarding your account can be found in your account control panel (Click login button in Navbar).

Email

BA Farms, Inc.’s email service provides customers with the capability to send and receive email via the Internet. BA Farms, Inc. retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Subscribers and to protect our computer systems.

As an owner and operator of the equipment and other resources utilized to provide services, BA Farms, Inc. has the legal right to block electronic communications from other entities on the Internet.

BA Farms, Inc. relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Subscribers. You acknowledge that as part of your BA Farms, Inc. Service, advertisement sponsored email newsletters may be sent to Subscribers and BA Farms, Inc. email service email accounts.

Service Fees / Payments / Invoices

All BA Farms, Inc. fees and charges are quoted and billed in Philippine Peso unless otherwise noted.

BA Farms, Inc. may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Invoices for all BA Farms, Inc. services can be found by logging into your account (My Account).

Billing inquiries and disputes should be brought to our attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, BA Farms, Inc. reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.

Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.

BA Farms, Inc. reserves the right to modify service fees and rates, effective upon posting on the BA Farms, Inc. website or on this Agreement.

  1. Order Policies

The BA Farms, Inc. Order Policy ensures convenience for transactions and orders. The order policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://www.bafarms.com/policies

  1. Termination / Plan Change

BA Farms, Inc. may terminate your Service under the following circumstances (non-exclusive list):

  • Non-payment of fees
  • You are in breach of any term or condition of this Agreement
  • Your use of the Service disrupts BA Farms, Inc. business operations or affects any other party
  • All Subscriber data is removed from BA Farms, Inc. servers for such terminations.

You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or case ticket. You can send us an email in this email address: bafarms@czarkmak.com

When submitting your cancellation request, you must provide the correct username and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.

  1. Subscriber Responsibility

When you apply to use BA Farms, Inc. services, you will be asked to select a Subscriber ID and Password. The Subscriber ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Subscriber ID and Password you select from any unauthorized use. IN NO EVENT WILL BA Farms, Inc. BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.

Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.

 

  1. Prohibited Conduct

BA Farms, Inc. does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the BA Farms, Inc. network or promoting information on websites hosted by BA Farms, Inc. will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Philippine laws at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

  1. Notices

You agree that, unless other instructions are posted on BA Farms, Inc.’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for BA Farms, Inc. posted on the BA Farms, Inc. website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

  1. Privacy

The BA Farms, Inc. Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers’ personal information. The BA Farms, Inc. Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://www.bafarms.com/privacy-policy

Email newsletters will only be sent directly by BA Farms, Inc.. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by BA Farms, Inc.’s designated customer review software provider for customer experience and service feedback.

  1. Reservation of Rights

BA Farms, Inc. reserves the right and sole discretion to:

Censor any website hosted on its servers that is deemed inappropriate.

Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.

Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.

Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against BA Farms, Inc. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that BA Farms, Inc. determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.

Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

  1. Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. BA Farms, Inc. makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. BA Farms, Inc. is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by BA Farms, Inc..

In no event will BA Farms, Inc. be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

BA Farms, Inc., its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall BA Farms, Inc. be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

  1. Indemnification

You agree to indemnify and hold BA Farms, Inc., its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse BA Farms, Inc. with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

  1. Force Majeure

BA Farms, Inc. will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

  1. Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

  1. Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with the laws of Philippines.

You may be subject to other local, provincial or state and national laws. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

  1. Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Who We Are

BA Farms, Inc. is a fully-integrated farm based in Indang, Cavite, Philippines. We deliver farm fresh produce straight to your doorstep!

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