These Terms of Service ("Terms") govern your use of the website pentascale.net, the services offered by Pentascale Systems ("Pentascale," "we," "us," or "our"), and our internal client-tracking platform. Please read these Terms carefully. By engaging our services, accessing our website, or using our internal platform, you agree to be bound by these Terms.
These Terms are governed by the laws of the Republic of the Philippines.
Section 01
Acceptance of Terms
By accessing pentascale.net, submitting a project inquiry, signing a project agreement, or using our internal platforms (including the Client Tracker), you confirm that:
- You have read and understood these Terms
- You are at least 18 years old or represent a legal business entity
- You have the legal authority to enter into a binding agreement with Pentascale
- You agree to comply with all applicable Philippine laws and regulations
If you do not agree to these Terms, please discontinue use of our website and services immediately.
Section 02
Services Provided
Pentascale Systems offers the following categories of services:
- Web Design & Development: Custom websites, landing pages, e-commerce solutions, and web applications tailored to client requirements.
- Business Tools & Automation: Custom-built internal systems, booking tools, CRM integrations, and workflow automation.
- Hosting & Maintenance: Website hosting, domain management, security monitoring, and ongoing technical maintenance.
- Enterprise & Referral Solutions: Third-party hosting referrals (e.g., IONOS, WordPress), branding packages, and enterprise-scale web projects facilitated on behalf of partner companies.
The exact scope, deliverables, timeline, and pricing for each engagement are defined in a separate project agreement or proposal communicated to the client prior to project commencement.
All quoted prices are in Philippine Peso (₱) unless otherwise stated in writing. Pricing is subject to change for new engagements but will not change mid-project without mutual agreement.
Section 03
Client Responsibilities
To ensure timely and successful project delivery, clients agree to:
- Provide content and assets: Supply all necessary text, images, logos, brand guidelines, and access credentials within agreed timelines.
- Timely feedback: Respond to review requests, approve deliverables, and provide feedback within 5 business days unless otherwise agreed.
- Accurate information: Ensure all information provided (business details, product descriptions, etc.) is accurate, lawful, and does not infringe third-party rights.
- Legal compliance: Ensure the intended use of our deliverables complies with all applicable Philippine laws and platform policies (e.g., Facebook, Google).
- Authorized access: Maintain the confidentiality of any login credentials or API keys shared by Pentascale. Unauthorized sharing is strictly prohibited.
Project delays caused by client inaction, late provision of content, or lack of feedback may result in timeline adjustments and potential additional charges at Pentascale's discretion.
Section 04
Payment Terms
- Deposit: A non-refundable downpayment (typically 50% of the total project fee) is required before project commencement, unless otherwise stated in the project proposal.
- Final payment: The remaining balance is due upon project completion and before final files, credentials, or live deployment are handed over to the client.
- Hosting & maintenance fees: Billed monthly or annually as agreed. Non-payment for more than 30 days may result in service suspension.
- Late payments: Accounts overdue by more than 15 days may incur a late fee of 2% per month on the outstanding balance.
- Chargebacks: Initiating a chargeback without first attempting resolution with Pentascale is considered a material breach of these Terms and may result in immediate service termination and legal action.
Deposits are non-refundable as they cover initial planning, research, and resource allocation. Partial refunds for work-in-progress may be considered at Pentascale's sole discretion.
Section 05
Project Delivery & Revisions
Project timelines are estimates provided in good faith. Pentascale will communicate proactively about any delays. Timeline guarantees are only applicable when stated explicitly in a signed project agreement.
- Revisions: Each project phase typically includes 2–3 rounds of revisions as specified in the proposal. Additional revision rounds may be billed at an hourly rate.
- Scope changes: Requests that materially expand the original scope ("scope creep") will require a separate change order and may incur additional fees and timeline adjustments.
- Acceptance: Deliverables not rejected within 5 business days of submission are deemed accepted.
- Handover: Final files and credentials are delivered upon receipt of full payment.
Section 06
Intellectual Property
- Client content: You retain ownership of all content, brand assets, and materials you provide to us. You grant Pentascale a limited license to use these materials solely for project delivery.
- Custom deliverables: Upon receipt of full payment, ownership of custom-built code, design files, and deliverables transfers to the client, unless otherwise stated in the project agreement.
- Third-party components: Some deliverables may incorporate open-source libraries, licensed stock assets, or third-party plugins. Their respective licenses apply and are not transferred.
- Portfolio rights: Pentascale reserves the right to showcase completed projects in our portfolio and marketing materials, unless the client requests confidentiality in writing.
- Pentascale tools & frameworks: Any proprietary internal tools, frameworks, or base templates developed by Pentascale remain our intellectual property and are licensed (not sold) to clients as part of deliverables.
Section 07
Internal Platform (Tracker) Terms
Access to the Pentascale Client Tracker system is restricted to current employees and contractors of Pentascale Systems. By using this platform, you agree to:
- Use only your assigned
@pentascale.net email address to register and log in
- Not share access credentials with unauthorized individuals
- Handle all client data with confidentiality and in compliance with the Philippine Data Privacy Act (R.A. 10173)
- Not access, modify, or delete client records outside your assigned projects
- Report any unauthorized access or suspected security breach to management immediately
- Use the platform solely for legitimate Pentascale business purposes
Unauthorized access, data exfiltration, or misuse of client data through this platform may result in immediate termination of employment/contract and civil or criminal liability under Philippine law.
Section 08
Confidentiality
Both parties agree to keep confidential any proprietary information, business strategies, technical specifications, and client data shared during the course of the engagement. This obligation survives the termination of the service agreement.
Pentascale will not disclose client project details, business information, or confidential data to third parties, except as required by law or as necessary to deliver the agreed services (e.g., engaging a subcontractor under equivalent confidentiality obligations).
Section 09
Limitation of Liability
To the fullest extent permitted by Philippine law:
- Pentascale's total liability for any claim arising from our services shall not exceed the total fees paid by the client for the specific project giving rise to the claim.
- We are not liable for indirect, incidental, consequential, or punitive damages, including loss of revenue, data, or business opportunity.
- We are not liable for delays or failures caused by circumstances beyond our reasonable control, including force majeure events, third-party service outages (e.g., hosting providers, Firebase), or client-caused delays.
- We do not warrant that websites or applications we develop will be error-free, uninterrupted, or free from security vulnerabilities after handover — ongoing maintenance is subject to a separate agreement.
Section 10
Termination
By the client: You may terminate a project engagement by providing written notice. Cancellation fees apply based on work completed: the deposit is forfeited, and additional charges may apply for work beyond the deposit scope.
By Pentascale: We reserve the right to terminate or suspend services immediately if:
- Payment obligations are not met
- The client engages in abusive, threatening, or unlawful conduct
- The requested work would violate Philippine law or third-party rights
- The client materially breaches these Terms
Internal platform accounts: Employee/contractor accounts may be deactivated immediately upon termination of employment or contract. Account holders should not retain copies of client data beyond their authorized scope.
Section 11
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising from these Terms or our services shall first be subject to good-faith negotiation between the parties.
If negotiation fails, disputes shall be submitted to mediation or, if necessary, the appropriate courts of the Philippines with jurisdiction over the matter. Both parties agree to submit to the exclusive jurisdiction of Philippine courts.
Section 12
Changes to Terms
Pentascale reserves the right to update these Terms at any time. Material changes will be posted on this page with an updated effective date. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.
For active project engagements, any changes to these Terms will not affect the terms already agreed upon in a signed project proposal unless both parties agree in writing.
Section 13
Contact
For questions about these Terms of Service, please reach out:
