1. Who we are and when these terms apply
TheeTechCo Software Development Services is a business name registered with the Department of Trade and Industry by Chester Martinez, a sole proprietor based in the Philippines ("we"). These terms apply to the business named in an Order Form ("you"). Our services are for businesses only, not for consumers.
These terms take effect when you accept an Order Form that refers to them, by signing it or by confirming acceptance in writing, including by email. Electronic acceptance is valid under the Philippine Electronic Commerce Act (Republic Act No. 8792). If an Order Form and these terms conflict, the Order Form applies. Our Service levels page, which explains how we measure reply times, hours and monthly periods, forms part of these terms.
2. Plans and hours
- Care: 8 hrs / month, $440 per month. Reply within 2 business days.
- Growth: 20 hrs / month, $1,000 per month. Reply within 1 business day.
- Priority: 40 hrs / month, $1,800 per month. Reply the same business day (requests before 17:00 PHT).
- Dedicated: ~160 hrs / month (full time), $6,400 per month. Agreed with your team.
Plan hours can be used for maintenance, features, reviews or advice. Time is recorded as worked and rounded up to the next 15 minutes per engagement per day. Unused hours roll over for 1 month, up to the allowance of the plan you're on next month, and then expire; hours have no cash value and lapse when an engagement ends. Extra hours are billed only with your written approval, at your plan's hourly rate: the monthly fee divided by the plan's hours. Each month we send a summary with a log of the time worked. Dedicated and Build are capacity-based: hours are reported each month but don't roll over and aren't billed as extra hours.
3. Term and ending an engagement
Maintenance plans run month to month: either of us can end them with 30 days' notice. Dedicated has a 3-month minimum, then 30 days' notice. New builds are followed by at least 6 months on a maintenance plan. Plan changes take effect from the next billing cycle. New engagements start within 2–4 weeks of the Order Form being accepted.
Either of us may also end an engagement by written notice if the other materially breaches these terms and does not fix it within 15 days of being asked to. When an engagement ends, you pay for the period up to the end date, and we hand over all code, credentials and documentation we hold for you and remove our access to your systems.
4. Fees and payment
We invoice monthly in advance. Invoices are due within 14 days, payable by bank transfer through Wise, using local account details in your currency. Prices are in USD unless your Order Form says otherwise (AUD or EUR on request) and exclude taxes. You pay the full invoiced amount without deduction: if the law requires you to withhold tax, you increase the payment so that we receive the full amount. You pay your own bank and transfer fees.
If you start on the 16th or later, your first invoice covers the start date to the end of the following month, pro-rated by days. If an invoice is more than 15 days overdue, we may pause work until it is paid, reply-time targets are suspended while work is paused, and overdue amounts bear interest at 1% per month.
5. Your responsibilities
You give us the access, information and decisions we need, on time, and you confirm you are entitled to give us access to your systems and data. You remain responsible for backups of your production data unless your Order Form says we manage them. Delays on your side may move timelines.
6. How we deliver
Chester Martinez leads every engagement and is your contact for calls, plans and sign-off. When deadlines, workload or the nature of the work call for it, we may involve vetted specialists. Everyone who works on your project signs a confidentiality agreement (NDA) and follows these terms and our security practices, and we remain responsible for their work.
We use professional software tools, including AI-assisted development tools, under terms that do not allow them to train on your materials. We never put your personal data into such tools.
If you need restrictions, for example no outside specialists or no AI-assisted tools, write them in your Order Form and we will follow them.
7. Your data
By default we develop and test with anonymised or dummy data that mirrors the structure of your production data. We access production systems only when a task requires it, such as deployments, hosting work or issues that only occur in production. Whenever we can access personal data in your systems, our Data Processing Addendum applies and forms part of these terms.
8. Confidentiality
Each of us keeps the other's confidential information confidential and uses it only for the engagement. This does not cover information that is already public, that the recipient already had, or that the law requires to be disclosed. This obligation continues after the engagement ends.
9. Intellectual property
When an invoice is paid, we transfer to you the code and other deliverables it covers, and assign to you all rights in them, including copyright. To the extent the law allows, we waive, and will not assert, our moral rights in them. We keep our pre-existing tools, libraries and know-how, and grant you a perpetual, royalty-free licence to use any of them that are included in your deliverables. Open-source components remain under their own licences.
10. Warranty
We perform the services with reasonable skill and care. We do not warrant code we did not write, including pre-existing code and third-party services. Reply times are targets for a first response, not guarantees of a fix within that time. Support runs Monday to Friday, 09:00–19:00 Philippine time (UTC+8). Send support requests to [email protected], or through the channel agreed in your Order Form.
11. Independent business
We provide the services as an independent business. We are not your employee, including on Dedicated plans, and we decide how the work is carried out within the scope you set.
12. Liability
Our total liability for all claims relating to the services is limited to the fees you paid in the 3 months before the event giving rise to the claim. Neither of us is liable for indirect or consequential loss, including lost profits or lost data. Nothing in these terms limits liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be limited by law, including rights under the Australian Consumer Law that cannot be excluded.
13. Events beyond our control
Neither of us is responsible for delays caused by events beyond reasonable control, such as typhoons, earthquakes, power or internet outages, or government action. Reply-time targets pause during such events. We will tell you promptly and resume as soon as we reasonably can.
14. Changes to these terms
We may publish new versions of these terms. A new version applies to new Order Forms. For an existing engagement, we will give you 30 days' written notice of a new version. It applies from your next billing cycle after that only if you agree in writing. Otherwise, the version you accepted continues to apply until the engagement ends.
15. Governing law and disputes
These terms are governed by the laws of the Republic of the Philippines. We will first try to resolve any dispute in good faith for 30 days. If that fails, the dispute will be finally settled by arbitration under the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI), by a single arbitrator, in English. The seat of arbitration is Makati City, Philippines, and hearings may be held online. Either of us may ask a court for urgent interim relief.
16. General
These terms, the Data Processing Addendum and your Order Form are the entire agreement between us about the services. If any part is found unenforceable, the rest remains in effect. Not enforcing a right is not a waiver of it. Neither of us may transfer the agreement without the other's written consent. Notices are given by email: to us at [email protected], and to you at the address in your Order Form. These terms are written in English, and the English version prevails over any translation.
Legal notice
- Business name
- TheeTechCo Software Development Services
- Owner
- Chester Martinez, sole proprietor
- DTI Business Name No.
- 7062292
- Address
- Calapan City, Oriental Mindoro, PH 5200
- [email protected]