Terms & Conditions

Introduction and acceptance

Maintap is provided by [LEGAL COMPANY NAME] ("Maintap", "we", "us"), located at [BUSINESS ADDRESS]. These Terms & Conditions (the "Terms") govern access to and use of the Maintap website, applications and related services (the "Service").

By signing in to, accessing or using the Service, you confirm that you have read and agree to these Terms and to our Privacy Policy and Cookie Policy. If you use the Service on behalf of an organization, you confirm that you are authorized to accept these Terms for that organization. If you do not agree, please do not use the Service.

If your organization has signed a separate written agreement with us (for example, a subscription or order form), that agreement applies together with these Terms. If the two conflict, the separate agreement prevails for the matters it covers.

Definitions

• Organization (or "Customer") means the water district, water utility or other entity that subscribes to Maintap and uses it to run its operations.
• Administrator means a user whom an Organization has authorized to manage its Maintap workspace, users, settings and data.
• User means any individual who signs in to the Service, including Organization staff, meter readers and consumers given access to their own account information.
• Consumer means a customer of an Organization whose water account, service connection, readings, bills or payments are recorded in Maintap.
• Customer Data means all data that an Organization or its Users submit to, or that is generated in the Service on behalf of the Organization, including account, contact, service connection, meter, reading, billing and payment records.
• Third-Party Services means services provided by others that connect to or are used with Maintap, such as payment providers, email delivery and cloud hosting.

The Maintap service

Maintap is a software-as-a-service platform. Depending on how an Organization configures it, the Service may be used to manage customer accounts and contacts, service connections and water meters, record and review meter readings, generate bills and statements, record and reconcile payments, produce reports, and send notifications such as billing emails.

Maintap is a tool for Organizations. Unless we tell you otherwise, the Organization (not Maintap) is the water service provider to its Consumers and is responsible for its own rates, billing decisions, customer relationships and compliance with the laws that apply to it.

Eligibility and authorized use

You may use the Service only if you can form a binding agreement under applicable law and you have been given access by an Organization or by us. Access is intended for the Organization's business purposes and, where an Organization enables it, for Consumers to view their own account information and bills. You may not use the Service for any purpose or in any way that is unlawful or not permitted by these Terms.

Organization responsibilities

An Organization that uses Maintap is responsible for:

• deciding who receives access, assigning appropriate roles and permissions, and removing access promptly when it is no longer needed;
• the activity that takes place under its workspace and by its Users;
• having a lawful basis, and giving any required notices, for the personal information of its Consumers and staff that it places in the Service;
• configuring rates, billing schedules, penalties, payment settings and notification settings correctly, and reviewing the bills and records the Service produces before relying on them; and
• complying with the laws and regulations that apply to its own operations as a water service provider.

User accounts and authentication

To use most of the Service you need a User account. You agree to provide accurate information, to keep your sign-in credentials confidential, and not to share your account. Where multi-factor authentication is offered, we encourage you to enable it.

You are responsible for activity under your account. Tell your Administrator and us immediately if you believe your credentials have been lost, stolen or misused. We may require a password reset, end sessions, or take other protective steps if we believe an account may be compromised.

Organization administrators

Administrators can create and manage Users, roles and permissions, configure the workspace, view and change Customer Data, and run billing and payment processes. An Organization is responsible for the actions of its Administrators. We may rely on instructions received from an Administrator as instructions from the Organization.

If you are a User or Consumer and have questions about how your Organization uses your information, or want to change or correct it, please contact your Organization first.

Acceptable use

You agree not to, and not to allow anyone else to:

• access the Service or any data you are not authorized to access, or attempt to bypass permission, tenant or security controls;
• probe, scan or test the Service for vulnerabilities, or interfere with or disrupt its operation, without our prior written permission;
• upload malicious code, or send unlawful, harassing, misleading or infringing content through the Service;
• use the Service to send spam or unsolicited communications;
• copy, reverse engineer, decompile or resell the Service, except as the law allows or we agree in writing;
• use automated means (other than the documented API, where available to you) to extract data at a volume or frequency that burdens the Service; or
• use the Service in a way that violates the rights of others or any applicable law.

Customer Data and accuracy

The Organization is responsible for the Customer Data it and its Users enter, import or generate, including its accuracy, completeness and lawfulness. This includes consumer details, meter numbers, meter readings, rate plans, adjustments, bills and recorded payments. Maintap performs calculations and produces documents based on the data and settings provided; it does not independently verify them.

The Organization should review imported files, readings and generated bills before relying on them, and correct errors it finds. We are not responsible for losses that result from inaccurate or incomplete Customer Data or from incorrect configuration by the Organization or its Users.

Data ownership and our limited license

As between you and Maintap, the Organization owns its Customer Data. These Terms do not transfer ownership of Customer Data to us.

The Organization grants Maintap a limited, non-exclusive, non-transferable license to host, store, process, transmit, display and back up Customer Data, and to create reports and notifications from it, solely as needed to provide, secure, support and improve the Service, to comply with law, and as otherwise described in the Privacy Policy. We do not sell Customer Data.

We may use de-identified or aggregated information that does not identify any Organization or individual to operate, maintain and improve the Service.

Billing and payment functionality

The Service includes tools for Organizations to generate bills, apply rate plans, charges, adjustments and penalties, and record or reconcile payments. These tools help the Organization run its own billing. The amounts billed to Consumers, the rules for due dates and penalties, and the relationship with the Consumer belong to the Organization, not to Maintap.

Fees that an Organization owes Maintap for the Service, if any, are set out in the applicable subscription, order form or other written agreement: [SUBSCRIPTION / FEES - REFER TO SEPARATE AGREEMENT]. Unless that agreement says otherwise, fees are non-refundable and exclusive of applicable taxes.

Third-party payment providers

Where an Organization enables online payment, payments are processed by independent third-party payment providers and payment channels, not by Maintap. Maintap passes the information needed to start a payment to the provider and receives or retrieves the result so the payment can be recorded. Maintap does not store full card numbers or online banking credentials.

Your use of a payment provider is subject to that provider's own terms and privacy notices, and the provider is responsible for the processing it performs. Availability, fees, limits, settlement times and refunds are determined by the Organization and the provider. Payments may take time to be confirmed, and may need review or reconciliation before they appear on an account.

Notifications and communications

The Service sends notifications, such as account and password-reset emails and, where the Organization enables them, billing statements and payment confirmations. You agree to receive service-related communications. Organizations are responsible for ensuring the contact details they provide are correct and that they are permitted to contact those recipients. We do not guarantee that an email will be delivered or read; delivery depends on third-party email and network providers.

Availability and maintenance

We aim to keep the Service available, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable from time to time because of maintenance, updates, security measures, failures of third-party providers or events beyond our reasonable control. We will try to give reasonable notice of planned maintenance where practical. Any service-level commitments apply only if they are stated in a separate written agreement: [SERVICE LEVEL TERMS, IF ANY].

Software and API usage

We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service, and any interfaces or APIs we make available to you, for your Organization's internal business purposes and in line with these Terms and any documentation. Credentials and tokens used with an API must be kept secret and are treated as your account credentials. We may apply rate limits or restrict API access to protect the Service.

Intellectual property

The Service, including its software, design, text, graphics, logos and documentation, and all related intellectual property rights, belong to Maintap or its licensors. These Terms give you only the limited right to use the Service described above; no other rights are granted. If you send us feedback or suggestions, we may use them without obligation to you.

Confidentiality

Each party will protect the other's non-public information that is marked or reasonably understood to be confidential, use it only to perform or use the Service, and disclose it only to those who need it and are bound to keep it confidential. This does not apply to information that is public through no fault of the recipient, was already known to it, was independently developed, or must be disclosed by law or by order of a court or authority (in which case, where lawful, the other party will be told).

Security responsibilities

We use reasonable administrative, technical and organizational measures intended to protect the Service and Customer Data. Security is a shared responsibility. Organizations and Users are responsible for keeping credentials secure, using strong passwords, enabling multi-factor authentication where available, limiting access to those who need it, keeping their own devices and networks secure, and promptly reporting suspected unauthorized access or security incidents to us at support@maintapph.com. No system can be guaranteed to be completely secure.

Third-party services

The Service works with Third-Party Services such as cloud hosting and storage, email delivery and payment providers. We do not control Third-Party Services and are not responsible for their content, availability or practices. Using them may be subject to their own terms. If a Third-Party Service changes or stops working, some features of the Service may be affected.

Data retention and deletion

We keep Customer Data for as long as the Organization's workspace is active and as needed to provide the Service, resolve disputes, meet legal, accounting and audit obligations, and enforce our agreements. After the Organization's subscription ends, we will make Customer Data available for export for a limited period ([RETENTION PERIOD]) and will then delete or de-identify it, except where we are required or permitted by law to keep it. Some records may be marked as deleted rather than removed immediately, and copies may remain in backups for a limited time until they are overwritten. More detail is in the Privacy Policy.

Suspension and termination

An Organization may stop using the Service, and may end its subscription as provided in its agreement with us. We may suspend or restrict access, or terminate an account or the Service, if we reasonably believe that these Terms have been violated, that the use puts the Service, other customers or any person at risk, that required fees are unpaid, or that we must do so to comply with law. Where practical, we will give notice first.

Sections that by their nature should continue after termination (including those on data ownership, intellectual property, confidentiality, disclaimers, liability, indemnification, governing law and dispute resolution) will continue to apply.

Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We do not make any warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the Service will be uninterrupted, error-free or free of harmful components. Nothing in these Terms limits any rights that cannot be limited under applicable law.

Limitation of liability

To the maximum extent permitted by law, Maintap and its affiliates, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total liability arising out of or related to the Service or these Terms is limited to [LIABILITY CAP, e.g. FEES PAID IN THE PRECEDING PERIOD]. These limits do not apply to liability that cannot be limited or excluded by law.

Indemnification

The Organization will defend and indemnify Maintap and its affiliates, officers and employees against claims, damages and reasonable costs arising from (a) Customer Data, including its collection and use without the required authority or notices; (b) the Organization's or its Users' breach of these Terms or of applicable law; or (c) the Organization's dealings with its Consumers. We will tell the Organization promptly of any such claim and reasonably cooperate in its defense, at the Organization's expense.

Changes to the service

We may add, change or remove features, and may update the Service from time to time. If we make a change that materially reduces core functionality that an Organization is paying for, we will try to give reasonable notice.

Changes to these Terms

We may update these Terms. When we do, we will post the new version on this page and update the "Last updated" date, and where a change is material we will take reasonable steps to notify Organizations or Users, for example by email or a notice in the Service. Your continued use of the Service after the effective date of the update means you accept the updated Terms. If you do not agree, you should stop using the Service.

Governing law

These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-law rules.

Dispute resolution

If a dispute arises, the parties will first try in good faith to resolve it informally by contacting each other and, if needed, through senior representatives. If it cannot be resolved within a reasonable time, either party may bring the dispute before the proper courts of [GOVERNING VENUE], Philippines, to whose exclusive jurisdiction the parties submit, unless the parties agree in writing to another method such as mediation or arbitration.

Severability and entire agreement

If any part of these Terms is found to be invalid or unenforceable, the rest remains in effect, and the invalid part will be replaced by a valid provision that most closely reflects its intent. A failure to enforce a right is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of our business.

These Terms, together with the Privacy Policy, the Cookie Policy and any separate written agreement with us, are the entire agreement between you and Maintap about the Service and replace earlier understandings on the same subject.

Contact information

If you have questions about these Terms, please contact us:

• Company: [LEGAL COMPANY NAME]
• Address: [BUSINESS ADDRESS]
• Email: support@maintapph.com