1. The Parties

    Seller: 1902 Software Development Corporation, with office address at 15/F Asian Star Building, ASEAN Drive corner Singapura Lane, Filinvest Corporate City, Alabang, Muntinlupa City 1781 Philippines, hereinafter referred to as 1902, Seller, or Supplier.

    Buyer: The company, organization, or individual who buys one or more of the services described in 1902software.com , hereinafter referred to as Buyer or Customer.

  2. The Customer is represented by the Customer himself or a person designated by the Customer; the Supplier is represented by one or more project managers appointed by 1902's management to carry out the project.
  3. 1902 sells an intangible service as described in this website 1902software.com, and the Customer is buying any of these services with payment of a predetermined hourly rate or fixed price (depending on agreement).
  4. By agreeing on the purchase of services from 1902, the Buyer and Seller both agree on all terms and conditions on this page.
  5. Business conditions are also applicable to all offers, full or part-deliveries.
  6. An agreement to purchase is concluded the moment the Buyer has ordered electronically through email, which is confirmed by 1902 through VOIP, or electronically through e-mail.
  7. The Buyer is responsible for regularly reviewing these terms and conditions to remain up-to-date with any changes herein.
  8. Exceptions to the terms and conditions are only valid if these exceptions are in writing and agreed upon both by the Seller and Buyer.
  9. There is no return policy because all products and services are intangible items which are produced for the Buyer based on the Customer's needs (custom made). The Buyer is solely and exclusively responsible for the finished product that meets the Customer's requirements.
  10. In case of errors, problems, or delays in shipment or partial shipment, which can lead to direct or indirect losses, such as but not limited to: loss of profit, loss of potential revenue, loss of customer goodwill, or any consequential or inconsequential damages, the Buyer cannot claim compensation from the Seller for such loss that exceeds the amount the Buyer paid for the work or the development that directly caused the loss. It is the Customer's responsibility to prove any loss or damage, as well as to give the Seller full and unrestricted access to any documentation, computers, servers, material, data, or information that substantiate any claimed loss or damage.
  11. If 1902 proposes solutions to problems, these proposals should be interpreted as suggestions and not counseling, i.e., 1902 disclaims any liability to the Buyer for defects, extra expenses, loss in profit, goodwill, etc., as a result of such proposals. The Customer always has the responsibility to choose the final options.
  12. 1902 cannot be held responsible for errors and omissions in any software (e.g., modules, add-ins, CMS systems, e-commerce solutions, etc.) acquired for free or against payment in connection with any project undertaken with 1902 even if these modules were acquired as a result of suggestions made by 1902. Any gaps, problems, and requirements should be sent to the manufacturer of that software (e.g., modules, add-ins, CMS systems, e-commerce solutions, etc.).
  13. The customer accepts and agrees that 1902 has no responsibility or any warranty commitments for any work / tasks / job done by 1902, either fully or partially while working indirectly the customer. Example of work / tasks / job which is done indirectly could be if 1902 has worked as a subcontractor to one or more of the customer's current or former suppliers. In such cases, the customer agrees that any claims must be directed to the previous supplier and not to the 1902.
  14. The customer has the right to use, resell, lend or give away the finished product and / or component without any limitations provided that the customer does not have any financial oustandings, such as but not limited to overdue bills.
  15. If the Customer has a financial dispute with 1902 such as bills with overdue payment period, this gives 1902 the rights to the product or products that are not fully paid. At the same time, 1902 can continue to demand that the Customer fully settle any outstanding.
  16. All delivery times are approximate and comes with no guarantee of any kind; thus, the Customer waives the right to claim damages for delay.
  17. With the purchase of "ad hoc" timer, the Customer can get work done as long as 1902 has a graphic designer and/or a developer who is available. If this is not the case, the Customer will be given an estimated time for when the job will be done.
  18. 1902 Software has no work on Philippine holidays. The Customer will be notified 5 days before a holiday, when possible.
  19. Tasks may not be assigned or worked on the days when a graphic designer and/or a developer is sick, unless 1902 determines that the work can be continued by another graphic designer and/or developer without loss of productivity and quality.
  20. For longer sickness/absence of resources assigned to a Customer project, a new graphic designer and/or developer with the same qualifications may be assigned to take over the project as soon as it is practical.
  21. If 1902 temporarily assigns a graphic designer and/or a developer to a project, such reassignment should be viewed as a temporary measure, not a permanent solution.
  22. All graphic work are done in English (names of menus, etc.).
  23. 1902 reserves the right to showcase Customer design and finished websites on its 1902's company websites, as long as this is done with the intention of creating a portfolio for 1902. This can be done by either displaying screenshots of the Customer’s website or by linking directly to the Customer’s site from promotional material such as website, Facebook, Instagram, etc.
  24. If a website or webshop is set up in a third-party system, the Customer is responsible for choosing which CMS, plugins, add-ons and extensions should be used and that these software meets the Customer's requirements. This also applies if the Customer has been advised by a designer, developer, or project manager from 1902 to make a particular choice.
  25. 1902 cannot be held responsible for any errors, defects, delays or losses in connection with implementation of third-party systems.
  26. The Customer is responsible for quality control and should coordinate any bug fixes and improvements with the designer, developer, or project manager.
  27. When the Customer purchases ad hoc services (specific number hours), the Customer must pay the full amount in advanced before work begins.
  28. 1902 may record VOIP or telephone conversations between the Customer and developers, designers and project managers of 1902. This is necessary for documentation; and for 1902 and the Customer to review verbal agreements.
  29. 1902 is a Filipino corporation and the work is carried out in the Philippines. Any disputes must be settled following the laws of the Republic of the Philippines.
  30. Invoices are due five (5) days after the invoice date.
  31. If the Customer fails to settle the outstanding balance on the deadline, an additional amount of USD 100 will be applied for each reminder that 1902 issues to the Customer. A calculated penalty of 1.75% interest per month from the expiration of the payment due date will be added, until the gross outstanding balance is paid by the Customer and is deposited to 1902's bank account.