Terms of Service

Last Updated: March 2025

Welcome to Beyond Dynamics Solutions. These Terms of Service ("Terms") govern your use of our website, products, and services. By accessing or using our services, you agree to be bound by these Terms.

Acceptance of Terms

By accessing our website at bds.com.ph or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

About Our Services

Beyond Dynamics Solutions provides:

• Staffing and workforce management platform
• HR and payroll processing with Philippine compliance
• Attendance tracking and shift scheduling
• Recruitment and applicant tracking
• Client invoicing for staffing agencies
• IT consulting and custom software development

Use of Our Services

Permitted Use

You may use our services for lawful business purposes only. You agree to:

• Provide accurate and complete information when requested
• Maintain the confidentiality of any account credentials
• Use our services in compliance with all applicable laws and regulations
• Respect intellectual property rights

Prohibited Use

You may not use our services to:

• Engage in any illegal or unauthorized activities
• Transmit malicious code, viruses, or other harmful content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt our services
• Use our services to spam or send unsolicited communications
• Copy, reproduce, or distribute our proprietary content without permission

Intellectual Property Rights

Our Content

All content on our website, including text, graphics, logos, images, software, and other materials, is owned by Beyond Dynamics Solutions or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Client Work

For custom development projects:

• Clients retain ownership of their business data and content
• We retain ownership of our proprietary methodologies, tools, and frameworks
• Custom code developed specifically for a client becomes the client's property upon full payment
• We may retain a license to use generic solutions for future projects

License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our website and services for your business purposes, subject to these Terms.

Service Agreements

Project Terms

Specific terms for custom development projects will be outlined in separate service agreements, including:

• Project scope and deliverables
• Timeline and milestones
• Payment terms and schedule
• Support and maintenance provisions
• Confidentiality requirements

Subscription Services

For ongoing services:

• Billing cycles and payment terms
• Service level agreements
• Termination procedures
• Data retention policies

Payment Terms

General Terms

• Payment terms are specified in individual service agreements
• All prices are in PHP (Philippine Peso) unless otherwise stated
• Payments are due within 30 days of invoice date unless otherwise agreed
• Late payments may incur interest charges at 2% per month

Refunds

• Refund policies vary by service type
• Custom development work is generally non-refundable once started
• Subscription services may be refunded on a pro-rated basis
• Refund requests must be submitted in writing

Confidentiality

Mutual Confidentiality

Both parties agree to:

• Keep confidential information secure and private
• Use confidential information solely for the intended purpose
• Not disclose confidential information to unauthorized third parties
• Return or destroy confidential information upon request

Data Protection

We are committed to protecting your business data and personal information in accordance with our Privacy Policy and applicable data protection laws.

Disclaimers and Limitations

Service Availability

• We strive for high service availability but cannot guarantee uninterrupted service
• Scheduled maintenance will be communicated in advance when possible
• We are not liable for service interruptions beyond our control

Limitation of Liability

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount paid for the specific service
• We are not liable for indirect, incidental, or consequential damages
• We do not warrant that our services will meet all your specific requirements

No Warranties

Our services are provided "as is" without warranties of any kind, whether express or implied.

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or data you provide to us

Termination

By You

You may terminate your use of our services at any time by providing written notice.

By Us

We may terminate or suspend your access to our services immediately if:

• You violate these Terms
• You fail to make required payments
• We reasonably believe termination is necessary to protect our interests

Effect of Termination

Upon termination:

• Your right to use our services ceases immediately
• We will provide reasonable assistance in data migration (subject to payment of outstanding fees)
• Provisions that should survive termination will remain in effect

Governing Law and Disputes

Governing Law

These Terms are governed by the laws of the Republic of the Philippines.

Dispute Resolution

• We encourage resolution of disputes through direct communication
• If necessary, disputes will be resolved through binding arbitration in Metro Manila
• Both parties waive the right to trial by jury

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting updated Terms on our website
• Sending email notifications to registered users
• Providing reasonable notice before changes take effect

Continued use of our services after changes constitute acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Beyond Dynamics Solutions.

Contact Information

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

Beyond Dynamics Solutions

• Email: [email protected]

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These Terms of Service are effective as of the date last updated and apply to all use of Beyond Dynamics Solutions services.