These Terms and Conditions (“Terms”) govern your access to and use of the website www.headtech.com (the “Website”) and the purchase and use of services and products offered by Hardhead Technologies Corporation, a corporation organized under Philippine laws (“HHead Tech”, “we”, “us”, “our”).
By accessing the Website, requesting a quotation, placing an order, or using our services, you agree to be bound by these Terms, our Privacy Policy, and our Refund Policy (collectively, the “Policies”). If you do not agree, do not use the Website or proceed with any purchase.
Quotations, Proposals, and Acceptance
- Validity. Quotations/proposals are valid for the period stated in the document. If no validity is stated, they are valid for 15 calendar days from issuance.
- Acceptance. Work begins only upon (a) written acceptance, (b) issuance of a PO or signed agreement, and (c) payment of any required downpayment/advance billing.
- Changes / Variations. Any change to scope, requirements, site conditions, or client requests after approval is a Variation and may affect pricing and timelines. Variations require written confirmation and may be billed separately.
Pricing, Taxes, and Currency
- Currency. All fees are in Philippine Pesos (PHP) unless stated otherwise.
- Taxes. Prices may be inclusive or exclusive of VAT depending on the invoice/quotation. Any applicable taxes, government fees, permits, customs duties, shipping, or other charges not explicitly included are for the Client’s account unless otherwise stated.
- Error Corrections. We may correct typographical/pricing errors and will notify you before proceeding.
Payments, Billing, and Recurring Charges
- Payment Methods. We may accept payments via bank transfer, e-wallet, cards, and/or payment gateways (including Xendit). Third-party processor terms may apply to the payment method used.
- Advance Billing for Service Fees. Unless otherwise stated in Order Documents, recurring service fees (e.g., managed services, support retainers, subscriptions) are billed in advance, and due within the payment term shown on the invoice.
- Recurring Payments Authorization (Cards).
If you enroll in recurring billing, you authorize HHead Tech to charge your selected payment method for the agreed amount and frequency (e.g., monthly/quarterly), including applicable taxes and approved add-ons, until:
- the subscription/contract ends, or
- you cancel in accordance with these Terms and the contract.
- Failed Payments. If payment fails:
- We may retry collection within a reasonable period; and/or
- We may suspend services until accounts are settled; and/or
- We may terminate for material breach, subject to the contract and applicable law.
- Late Payments. We may impose late fees/interest and/or suspend services for overdue accounts, as allowed by law and as stated in Order Documents.
- Disputed Charges. You must notify us promptly (within 7 calendar days from charge date) of disputed charges and provide details. We may require evidence (invoice, service logs, acceptance sign-off). Chargebacks filed without first contacting us may be treated as a breach and may lead to suspension/termination.
Cancellations and Termination
- Subscriptions / Recurring Services. Cancellation rules are defined in your contract or Order Documents. If not defined, you may request cancellation by emailing support@hheadtech.com at least 15 calendar days before the next billing date. Cancellations take effect at the end of the current billing cycle unless otherwise agreed.
- Project Services. Project cancellations after commencement may be subject to fees for work performed, materials ordered, licenses procured, and non-cancellable supplier commitments.
- Termination for Cause. We may suspend/terminate services if you:
- fail to pay on time,
- violate these Terms,
- misuse systems (e.g., illegal activity, security compromise),
- refuse to cooperate in required security measures,
- or otherwise materially breach the agreement.
Delivery, Installation, Site Readiness, and Client Responsibilities
- Site Readiness. For onsite works, Client must provide safe access, power availability, stable network conditions where needed, permits/approvals, and authorized personnel for coordination.
- Delays. We are not liable for delays caused by Client readiness issues, third-party suppliers, force majeure, site restrictions, or factors beyond our control.
- Acceptance. Deliverables are deemed accepted upon written acceptance/sign-off, production use, or if no written rejection is made within 7 calendar days after delivery/turnover (unless Order Documents state otherwise).
Warranties and Support
- Service Warranty. Unless specified, service warranty is limited to rework of defective workmanship reported within a reasonable period, subject to inspection.
- Product Warranty. Products may be covered by manufacturer/supplier warranty. Warranty is void for misuse, unauthorized repairs, accidents, electrical issues, liquid damage, improper installation not performed by HHead Tech (where relevant), or acts beyond our control.
- No Guarantee of Outcomes. Security and IT work reduce risk but cannot eliminate it. We do not guarantee uninterrupted operations, absolute security, or that systems will be free from all vulnerabilities.
Intellectual Property
- HHead Tech Materials. All templates, methodologies, tools, scripts, training materials, and pre-existing IP remain HHead Tech’s property.
- Client Deliverables. For custom software/projects, ownership/licensing is governed by the contract/SOW. Unless otherwise agreed, Client receives a license to use delivered work upon full payment.
- Third-Party Software. Some solutions involve third-party licenses subject to their own terms.
Confidentiality
Each party must protect the other’s confidential information. We may also require NDAs for certain engagements.
Acceptable Use
You agree not to use our services to:
- violate laws or regulations,
- distribute malware,
- attempt unauthorized access,
- or engage in abusive, fraudulent, or harmful activity.
Limitation of Liability
To the maximum extent permitted by law:
- HHead Tech is not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, lost data, business interruption).
- HHead Tech’s total liability for any claim is limited to the amount actually paid to HHead Tech for the specific service giving rise to the claim within the preceding 3 months, unless a different cap is stated in Order Documents.
Indemnity
You agree to indemnify and hold HHead Tech harmless from claims arising from your misuse of services/products, your violation of laws, or breach of these Terms.
Force Majeure
We are not liable for failure/delay due to events beyond reasonable control (e.g., disasters, outages, supplier disruption, government actions, strikes).
Updates to Terms
We may update these Terms from time to time. The updated version will be posted on the Website with a new effective date. Continued use constitutes acceptance.