3. SERVICE AVAILABILITY
We strive to provide continuous and reliable services; however, uninterrupted availability is not guaranteed.
Temporary interruptions may occur due to:
- System maintenance
- Technical issues
- Internet outages
- Third-party service failures
- Events beyond reasonable control
4. FEES AND PAYMENT TERMS
A. Fees
Service fees shall be outlined in the applicable quotation, proposal, or service agreement.
B. Payment Obligations
Clients agree to pay all invoices on or before the due date indicated.
Late payments may result in:
- Suspension of services
- Additional penalties or interest
- Delayed deliverables
C. Taxes
All fees are exclusive of applicable taxes unless otherwise stated.
Clients shall be responsible for applicable taxes, duties, withholding taxes, and governmental charges.
5. REFUNDS
Unless otherwise agreed in writing:
- Payments made are non-refundable
- Deposits and retainers are non-refundable
- Partial refunds, if any, shall be at the sole discretion of AB Business Support Services
6. CONFIDENTIALITY
Each party agrees to maintain the confidentiality of all non-public, proprietary, personal, operational, financial, technical, and business information exchanged
during the business relationship.
Confidential information includes:
- Business processes
- Financial information
- Trade secrets
- Client lists
- Internal systems
- Proprietary documentation
- Operational procedures
Confidential information shall not be disclosed without prior written consent unless required by law.
The receiving party shall:
- Use confidential information solely for authorized business purposes;
- Restrict access to personnel with a legitimate need to know;
- Exercise at least reasonable care in protecting such information; and
- Not disclose confidential information to any third party except as authorized or legally required.
These confidentiality obligations shall survive termination of the parties’ relationship.
A. RETURN OF MATERIALS AND DATA
Upon termination or expiration of the services, each party shall, upon written request and subject to applicable legal retention obligations:
- Return or make available the requesting party’s confidential information, records, credentials, and materials in its possession or control; and
- Permanently delete or destroy remaining copies stored in active systems.
Notwithstanding the foregoing, either party may retain:
- Information required for legal, regulatory, tax, audit, insurance, compliance, dispute-resolution, or recordkeeping purposes;
- Routine backup or archival copies retained in accordance with standard system practices; and
- Information required to enforce contractual rights or obligations.
Any retained information shall remain subject to continuing confidentiality and security
obligations. Upon request, the receiving party may provide written confirmation that
commercially reasonable deletion or destruction measures have been completed.
7. INTELLECTUAL PROPERTY
A. Company Intellectual Property
All trademarks, branding, systems, templates, methodologies, documents, and proprietary materials developed or owned by AB Business Support Services
remain its exclusive property unless otherwise agreed in writing.
B. Client Materials
Clients retain ownership of materials and information they provide.
The Client grants AB Business Support Services a limited license to use such materials solely for the purpose of delivering services.
8. ACCEPTABLE USE
Clients and users agree not to use our services for:
- Illegal activities
- Fraudulent conduct
- Intellectual property infringement
- Harassment or abuse
- Distribution of malicious software
- Unauthorized access to systems
- Violations of data privacy laws
We reserve the right to suspend or terminate services immediately for actual or suspected violations of these provisions.
9. LIMITATION OF LIABILITY
To the fullest extent permitted by law, AB Business Support Services shall not be liable for:
- Indirect or consequential damages
- Loss of profits or revenue
- Business interruption
- Loss of data
- Delays caused by third parties
- Errors resulting from inaccurate information supplied by the Client
Total liability arising from any claim shall not exceed the total fees paid by the Client within the three (3) months preceding the event giving rise to the claim.
10. INDEMNIFICATION
The Client agrees to defend, indemnify, and hold harmless AB Business Support Services, its officers, employees, contractors, and affiliates from claims, liabilities, damages, losses, costs, and expenses arising from:
- Client misuse of services
- Breach of these Terms
- Violation of laws or regulations
- Infringement of third-party rights
11. NON-SOLICITATION OF PERSONNEL
During the term of engagement and for a period of twenty-four (24) months following termination, the Client shall not directly or indirectly hire, solicit, engage, or contract any employee, contractor, or personnel introduced by AB Business Support Services without prior written consent.
Violation of this provision may result in payment of liquidated damages equivalent to the applicable service fees or recruitment fees as determined by the Company.
12. TERMINATION
Either party may terminate services subject to the terms specified in the applicable agreement.
Upon termination:
- Outstanding balances become immediately due
- Access to services may cease
- Confidentiality obligations survive termination
AB Business Support Services reserves the right to immediately suspend or terminate services for material breach, unlawful conduct, security risks, non-payment, or misuse of services.
13. FORCE MAJEURE
Neither party shall be liable for delays or failure to perform due to events beyond reasonable control, including but not limited to:
- Natural disasters
- Government actions
- War
- Labor disputes
- Power outages
- Internet disruptions
- Pandemics
14. THIRD-PARTY SERVICES
Our services may involve third-party platforms, software, or providers.
We are not responsible for the availability, performance, or actions of third-party services.
15. NO GUARANTEE OF RESULTS
While we aim to provide professional and high-quality services, we do not guarantee:
- Specific business outcomes
- Revenue increases
- Cost savings
- Lead generation results
- Operational improvements beyond reasonable efforts
Results may vary depending on client cooperation, market conditions, and other external factors.
16. DISPUTE RESOLUTION
The parties agree to attempt good-faith negotiations before initiating formal legal proceedings.
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the proper courts of Pasig City, Philippines.
17. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
18. AMENDMENTS
AB Business Support Services reserves the right to amend these Terms and Conditions at any time.
Updated versions become effective upon publication or official notice.
19. SEVERABILITY
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. ENTIRE AGREEMENT
These Terms and Conditions, together with any applicable proposal, quotation, Statement of Work, or service agreement, constitute the entire agreement between the parties regarding the services provided by AB Business Support Services.
