1. Agreement and Order of Precedence
These Terms and Conditions ("Terms") are the general website terms for business software and related services provided by iGotSolutions Real Estate Systems ("iGotSolutions," "we," "us," or "our"). By accessing or using the services, the customer agrees to these Terms.
A signed proposal, order form, statement of work, or service agreement may contain product-specific scope, commercial, support, or data terms. If that signed document conflicts with these general Terms, the signed document controls for the applicable services.
3. Services, Configuration, and Scope
iGotSolutions provides software platforms and related configuration, implementation, migration assistance, training, support, and customization services as described in the applicable proposal, order form, statement of work, or service agreement.
Deliverables, timelines, dependencies, acceptance criteria, and fees are limited to the agreed scope. Requests outside that scope may require a separate estimate, change order, or updated schedule. Customer delays, incomplete data, or unavailable personnel may affect delivery dates.
5. Customer Responsibilities and Lawful Use
The customer must provide accurate information, timely decisions, suitable personnel, and any access or materials reasonably needed to deliver the services. The customer is responsible for obtaining all notices, consents, licenses, and permissions required for the data and instructions it provides.
The customer and its users must use the services lawfully and must not upload unlawful or infringing content, interfere with service security or operation, send abusive or malicious traffic, impersonate others, or use the services to violate another person's rights.
6. Fees, Taxes, Billing, and Payments
Fees, billing cycles, payment methods, invoice dates, and due dates are stated in the applicable proposal, order form, invoice, or service agreement. Unless that document states otherwise, fees exclude applicable taxes, duties, and government charges, which the customer is responsible for paying other than taxes based on iGotSolutions' net income.
If an undisputed amount is overdue, iGotSolutions may provide notice, limit or suspend affected services, and recover reasonable collection costs to the extent allowed by law. The customer should raise a good-faith billing dispute promptly and pay all undisputed amounts when due.
PayMongo is a third-party payment processor. When the customer or cardholder elects recurring card payments through PayMongo, the following authorization applies:
By agreeing to recurring payments, the cardholder authorizes PayMongo to automatically deduct payment from the given credit/debit card account until he/she revokes such authorization. The payments shall be charged at the start of each billing cycle, which shall be dependent on the agreed products/plans. After the processing of payment, the Merchant shall reach out to the cardholder if his/her payment is successful or not. PayMongo shall not be held liable for the Merchant's failure to notify the cardholder regarding the payment status. The cardholder further acknowledges and agrees that the billing cycle and amount to be deducted are dependent on the instructions made by the Merchant to PayMongo.
7. Subscription, Renewal, and Cancellation
The subscription term, renewal method, cancellation process, and any required notice are those stated in the signed proposal, order form, or service agreement. Where that document provides for automatic renewal, the subscription renews as described there unless valid cancellation notice is given through the agreed channel.
Cancellation stops future renewal subject to the applicable agreement; it does not by itself reverse charges already due or terminate obligations that are intended to survive. Either party may terminate for a material breach that remains uncured after any notice and cure process stated in the applicable agreement or required by law.
8. Refunds
Fees paid are non-refundable except where the applicable proposal, order form, service agreement, or law requires otherwise. Nothing in these Terms limits a refund or remedy that cannot lawfully be excluded.
9. Intellectual Property and Customer License
iGotSolutions and its licensors retain all rights in the platforms, software, documentation, designs, configurations, methods, know-how, and improvements, excluding Customer Data and any material expressly identified as customer-owned in a signed agreement.
During the applicable subscription or service term, iGotSolutions grants the customer a limited, non-exclusive, non-transferable license to permit its authorized users to access and use the services for the customer's internal business operations, subject to the applicable agreement.
The customer must not copy or modify the services except as expressly permitted, reverse engineer or attempt to extract source code except where law prohibits that restriction, resell or sublicense the services, bypass access controls, conduct unauthorized security testing, or use the services to build or assist a competing product.
If the customer voluntarily provides feedback, it grants iGotSolutions a perpetual, worldwide, royalty-free right to use that feedback to improve and develop its services, without identifying the customer or disclosing the customer's confidential information.
10. Customer Data, Privacy, and Retention
The customer retains its rights in information, records, files, and content submitted to the services ("Customer Data"). The customer grants iGotSolutions the limited rights needed to host, process, transmit, and otherwise use Customer Data to provide, secure, support, and improve the contracted services.
Personal information is handled in accordance with the iGotSolutions Privacy Policy and any applicable data-processing terms in the parties' agreement. The customer remains responsible for the lawfulness, accuracy, and quality of Customer Data and for instructions it gives concerning that data.
iGotSolutions uses reasonable operational measures to protect service data but does not promise a backup frequency, recovery time, or retention schedule unless expressly stated in a signed agreement. The customer should maintain appropriate copies of critical data where export or copying is available.
Data export, return, deletion, and retention after expiration or termination depend on the service's available functionality, the applicable agreement, the Privacy Policy, and legal or legitimate recordkeeping requirements. Customers should request any available export before access ends.
11. Third-Party Services and Integrations
The services may connect with payment processors, hosting providers, messaging services, mapping tools, or other third-party products. Those services are operated under their own terms and privacy practices, and iGotSolutions does not control their availability or independent acts.
iGotSolutions is responsible for its own obligations but is not responsible for a third party's separate service, systems, or changes. The customer is responsible for maintaining any third-party account or permission required for an integration it requests.
12. Confidentiality
Each party may receive non-public business, technical, financial, security, or customer information from the other. The receiving party will use confidential information only to perform or receive the services, protect it using reasonable care, and disclose it only to personnel and service providers who need it and are bound by appropriate confidentiality duties.
Confidential information does not include information that the receiving party can show was lawfully known without restriction, independently developed, rightfully received from another source, or made public without breach. A legally required disclosure is permitted if the receiving party gives notice when lawful and reasonably cooperates with protective measures.
13. Service Changes, Maintenance, and Availability
iGotSolutions may update the services to improve functionality, security, usability, or legal compliance. We will use reasonable care to avoid materially reducing contracted core functionality during a paid term, subject to necessary security, legal, or third-party changes.
Services may occasionally be unavailable because of maintenance, emergencies, internet or infrastructure failures, or events outside reasonable control. No uptime percentage, service credit, or service-level commitment applies unless expressly stated in a signed agreement.
14. Warranties and Disclaimers
Each party represents that it has authority to enter into the applicable agreement. iGotSolutions will provide professional services with reasonable skill and care and will use commercially reasonable efforts to operate the software substantially as described in the applicable documentation and signed scope.
Except for express commitments in a signed agreement and rights that cannot be excluded by law, the services are provided "as is" and "as available." iGotSolutions does not warrant that every feature will meet every business requirement, that operation will be uninterrupted or error-free, or that results produced from inaccurate or incomplete Customer Data will be accurate.
15. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable to the other for indirect, incidental, special, exemplary, or consequential damages, or for lost profits, revenue, goodwill, or business opportunity, arising from the services, even if advised that such loss may occur.
Subject to the exclusions below, each party's total aggregate liability arising from the applicable services will not exceed the fees paid or payable for those services under the applicable order form or agreement.
These limitations do not apply to fraud, willful misconduct, breach of confidentiality, infringement or misappropriation of the other party's intellectual property, the customer's payment obligations, indemnity obligations, violations of applicable data-protection law to the extent liability cannot be limited, or any liability that applicable law does not permit the parties to exclude or limit.
16. Customer Indemnity
The customer will defend and indemnify iGotSolutions against a third-party claim, and resulting damages, settlements, and reasonable legal costs, to the extent caused by Customer Data that infringes that third party's rights, the customer's unlawful or unauthorized use of the services, or the customer's material violation of applicable law or these Terms.
This obligation applies only if iGotSolutions gives reasonably prompt notice, permits the customer to control the defense and settlement, and provides reasonable cooperation. The customer may not settle a claim in a way that admits fault by or imposes non-monetary obligations on iGotSolutions without written consent. The obligation is reduced to the extent iGotSolutions caused the claim.
17. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, severe weather, epidemic, war, civil unrest, government action, labor disruption, utility or telecommunications failure, cyberattack by third parties, or widespread cloud or internet outage. The affected party must take reasonable steps to reduce the impact and resume performance. This section does not excuse payment obligations already due.
18. Effect of Expiration or Termination
When the applicable subscription or agreement ends, the customer's right to use the affected services ends, outstanding fees become due according to the agreement, and each party must return or stop using the other's confidential information except where retention is legally or operationally required.
Terms concerning payment, intellectual property, confidentiality, data handling, disclaimers, liability, indemnity, dispute resolution, and any provisions that by their nature should survive will remain effective.
19. Governing Law and Disputes
These Terms and the applicable services are governed by the laws of the Republic of the Philippines, without regard to conflict-of-law principles.
Before filing a case, the parties will try in good faith to resolve the dispute through authorized business representatives. If the dispute is not resolved, it may be brought before the competent courts of the Philippines, subject to any valid venue provision in a signed agreement and any non-waivable rule of law.
20. Changes to These Terms
iGotSolutions may update these Terms to reflect changes in the services, business practices, or law. The revised version will be posted on this page with an updated "Last updated" date. Material changes will apply prospectively, and any additional notice or consent required by an applicable agreement or law will be provided.
Changes to these website Terms do not amend a signed proposal, order form, or service agreement unless that document permits the change or the parties agree in writing.
21. Contact Us
Questions about these Terms, billing, cancellation, or the services may be sent to iGotSolutions Real Estate Systems at inquiries@igotsolutionsph.com or San Miguel Road, Cordova, 6017 Cebu, Philippines.