Terms and
Conditions

1. About Viable Works

Viable Works is the brand of Viable Digital Marketing Services, a general partnership registered with the Securities and Exchange Commission of the Philippines ("Viable", "we", "us"). Its partners are Belinda Ely Berber and Amiel Vincent Cañas. Our business address is 020 Central Biasong, Biasong, Cebu, Philippines. Contact us at info@viable-works.com.

We provide web design, development, digital marketing, content, automation and related services to businesses and individuals in the Philippines and abroad. For clients outside the Philippines, the quote states the currency and payment method.

You must be at least 18 years old and authorised to sign for the business you represent.

Before paid work begins, we send a written quote and a service agreement. Signing the agreement or paying the deposit means you accept these Terms, which form part of it. If the agreement and these Terms conflict, the signed agreement wins.

Browsing our website or sending an inquiry does not commit you to buy. Free services, such as the Lead Leak Audit, carry no obligation and are given as-is.

2. Quotes, pricing and payment

Prices marked "Starting at" or "from" are starting prices for the described scope. Your written quote sets the deliverables, exclusions, milestones, milestone values, schedule and total price.

• —Quote validity: a quote is valid for 30 calendar days from its date. After that we may revise it.
• —Fixed price: the accepted price is fixed for the agreed scope. Anything outside that scope is quoted separately and starts only after you approve it in writing.
• —Project payments: one-time projects are paid 50% upfront and 50% before launch. Work without a launch pays the balance before final delivery. Work starts only after the deposit clears.
• —Monthly plans: billed monthly in advance. Each month’s service starts once that month’s payment clears.
• —Payment methods: bank transfer, GCash, Maya, PayPal and Wise, using the instructions on your invoice. Clients abroad usually pay by PayPal or Wise.
• —Transfer fees: you pay your own bank, e-wallet, PayPal or Wise fees, so that we receive the full invoiced amount. Currency conversion costs are yours.
• —Invoices and taxes: we issue BIR-registered invoices for every payment. Quoted prices include taxes we are required to charge, unless the quote says otherwise.
• —Withholding tax: if you are required to withhold tax from our fee, you may deduct only the legally required amount. You must give us BIR Form 2307 within 15 days after the quarter ends. If you don’t, the withheld amount is treated as unpaid.
• —Late payment: invoices are due on the date shown. Unpaid amounts more than 7 days overdue earn interest at 1.5% per month until paid, and Section 7 applies.

3. Hosting and other recurring costs

Hosting may be included in a Viable plan or paid directly to a hosting provider. Your quote states which, who owns the account, any usage limits and what is included.

The quote lists hosting, domain renewals, paid software and other third-party charges separately. It states who bills each one, how often it renews and any approved non-refundable costs. Helping you set up an account does not mean its subscription is included in our fee.

Third-party providers control their own services, prices, uptime and terms. We are not responsible for their outages, price changes or policy changes, but we will tell you what we know and help where our agreed scope allows.

4. Project schedules and communication

Your agreement sets a target schedule with milestones. Timelines are estimates based on the agreed scope and on receiving what we need from you on time. Any timeline mentioned on our website or in marketing is a typical estimate, not a guaranteed date.

When the schedule starts. The schedule starts on the working day after we have all three: the cleared deposit, your complete content (text, images, logo, brand details) and working access to the accounts we need.

What we need from you. You appoint one contact who approves work for your business. You provide accurate information, authorised access and consolidated feedback within 2 working days of each request.

Automatic extensions. The schedule moves forward one working day for every working day that:

• —content, access, feedback, approval or payment from you is late;
• —you ask for a change in scope or direction; or
• —a force majeure event (Section 16) or a third-party platform outage delays the work.

We will tell you by email when an extension applies and give the revised date. No signature or reply is needed for these extensions to apply.

Other delays. If a delay on our side becomes likely, we will tell you in writing before the affected date, with the reason and a proposed new date. Your account manager sends progress updates at least once a week during a build.

"Working day" means Monday to Friday, excluding Philippine regular and special non-working holidays.

5. Revisions and changes in direction

Each deliverable includes two rounds of consolidated feedback. One round is one collected set of comments, sent together by your approving contact. Extra rounds are quoted as a change order.

A substantial change from the approved brief or direction is additional work. Examples include a new design concept, extra pages, new features or replacing approved content. We quote it separately and state the schedule impact before starting. You may accept or decline.

Fixing something that does not match the agreed scope does not use a revision round and costs nothing extra.

Approval. You approve a deliverable by saying so in writing or by using it publicly. If you send no feedback within 5 working days after our written reminder, that deliverable is treated as approved and the next milestone begins.

6. Delivery, corrections and support

Launch or final delivery happens after your approval and payment of the balance. If you send no approval or list of defects within 5 working days after we mark the work ready for launch and send you a written reminder, the work is treated as accepted and the balance becomes due.

We hand over the materials listed in your quote, including agreed editable or source files and every login to accounts you own.

Correction period. For 15 calendar days after launch or final delivery, we fix defects or omissions against the agreed scope at no extra charge. Issues reported within that period stay covered even if the fix takes longer.

The correction period does not cover new requirements, a new creative direction, problems caused by changes made by you or others after handover, or third-party failures. Ongoing maintenance and support need a monthly plan or a separate quote.

7. Late payments and stalled projects

If payment, content, access or an approval is overdue, we send a written reminder stating what is needed.

• —Pause. If it remains unresolved 7 calendar days after the reminder, we may pause the work and confirm the pause in writing. The schedule extends for the length of the pause.
• —Restart. When the issue is resolved, we restart at the next available opening in our schedule and send a revised timeline.
• —Close-out. If a project stays paused for 30 calendar days, we may close it by written notice. We then invoice completed milestones and documented work on the current milestone (Section 8), offset against payments received. Restarting a closed project needs a new quote.
• —Withholding deliverables. We may hold back unpaid deliverables, source files and the ownership transfer in Section 11 until payment is made.

We never block your access to accounts you already own or to your customer data as a way to collect payment.

8. Project cancellation and refunds

You may cancel a project by email to info@viable-works.com. Cancellation takes effect when we receive the email.

Before the onboarding call. If you cancel before the onboarding call, we refund your deposit minus a booking fee of 10% of the project price and any approved third-party costs we cannot recover.

After the onboarding call. The deposit is non-refundable. It covers the capacity we reserved for your project and the work already started. If completed milestones plus documented work on the current milestone are worth more than the deposit, you pay the difference. Work on an unfinished milestone is charged by documented time at the rates in the agreement, capped at that milestone’s value.

If we miss a milestone. If we miss an agreed milestone for reasons within our control, tell us in writing. We then have 5 working days to deliver or agree a new date with you. If we do neither, you may cancel the affected work and receive back the payments made for milestones not yet delivered. We keep the agreed value of completed, usable work already handed to you. This does not apply to delays covered by Section 4 or Section 16.

If we end a project. We may end a project by written notice if:

• —payment is more than 14 calendar days overdue after a reminder;
• —you ask us to do something unlawful or that breaches a third party’s rights;
• —you or your staff are abusive or threatening toward our team; or
• —you breach these Terms or the agreement and do not fix it within 7 calendar days of our notice.

In that case the after-onboarding rule applies. If we end a project for any other reason, we refund payments for work not delivered and hand over the paid work.

Refund timing. We send an itemised calculation and pay any refund within 14 calendar days after cancellation takes effect. If part is disputed, we pay the undisputed amount within that time and work with you on the rest.

9. Monthly plans and cancellation

Monthly plans have no minimum term. Either of us may end a plan with 30 calendar days’ written notice to the other.

The plan ends on the date the notice period expires, or a later date you request. We confirm the end date in writing and keep delivering the agreed service until then. Fees for the notice period are payable. Any prepaid fees for days after the end date are refunded within 14 calendar days.

If a monthly payment is more than 7 days late, we may pause the plan’s services after a written reminder. If it is more than 30 days late, we may end the plan by written notice.

Plan changes take effect on a date we agree in writing. Approved third-party charges that cannot be refunded follow the arrangement stated in your quote.

10. Ending a Care plan

If you pay hosting directly to your provider, ending a Care plan does not cancel that hosting. You stay responsible for it.

If hosting is included in your Care plan, it ends on the plan’s end date. Before that date we give you one full backup or export of your site and help you hand over to your new host. Migration work is quoted separately.

If your site has not moved by the end date, we may take it offline 7 calendar days after the end date. We will remind you in writing before we do. We are not responsible for downtime caused by a late move.

11. Ownership and permissions

Your materials. Your existing materials, customer data and accounts in your name stay yours. You let us use the materials and access you give us to do the agreed work.

Final work. When you have paid in full for a deliverable, we assign to you the copyright we own in the final custom work listed in your agreement, including agreed editable and source files. Until then, you have a limited licence to review it, and we keep ownership. We make sure our team and contractors have assigned their rights to us so that we can transfer them to you.

What stays ours. We keep our pre-existing tools, templates, code libraries, components, processes and know-how, even when they are used in your project. You receive a permanent licence to use them as part of the delivered work. You may not resell or reuse them separately.

Third-party materials. Software, fonts, stock images, plugins and open-source code stay under their own licences. We tell you about restrictions and recurring licence costs before you commit.

Portfolio. Unless you opt out in your agreement, we may show the finished work, your business name and logo in our portfolio and marketing. We will not publish confidential information, customer records or private analytics. Results, numbers and testimonials are published only with your separate written approval.

12. Founding-client offer

Our founding-client offer is open to the first five qualifying clients who sign a founding-client agreement and pay the deposit by 31 December 2026, while places remain. An inquiry does not reserve a place. The offer states who qualifies and any excluded packages.

The written quote states the founding price. For a monthly plan, the agreed rate is locked for six months from the service start date in the agreement. The lock covers the agreed scope, not approved additions or third-party charges marked as variable.

At least 30 calendar days before the lock ends, we tell you the rate for the next period. The new rate applies after the lock ends and the notice period has passed. You may end the plan under Section 9.

The founding discount is given in exchange for permission to use your business name, the finished work and agreed project results in our portfolio and marketing. The portfolio opt-out in Section 11 does not apply to founding clients. The agreement lists the materials we may use and any limits.

Testimonials and introductions are optional. We never require a positive review.

13. Your responsibilities

You confirm that:

• —you have the right to give us every material, logo, image, text, list and login you provide;
• —the content and claims you ask us to publish are true and lawful, including any health, financial or professional claims your industry regulates;
• —you have a lawful basis, including consent where required, for any customer or contact list you ask us to email, import or automate; and
• —you will keep your own copies of your materials and back up anything you change after handover.

You will cover our losses, costs and reasonable legal fees arising from a claim that your materials, content, instructions or customer lists break the law or infringe someone’s rights.

Do not use our website or services for unlawful activity, unauthorised access, malware, impersonation, infringement or unlawful unsolicited messages. We may refuse unlawful instructions and take reasonable steps to protect affected systems, with notice where practical.

14. No guaranteed results

We do the agreed work with reasonable skill and care. We do not guarantee any search ranking, AI mention, number of leads, sales, revenue or other business result. Past results are examples, not predictions. Search engines, AI tools, social platforms and other third parties control their own algorithms, availability and policies.

Except as stated in these Terms and your agreement, we give no other promises about the services, to the extent the law allows.

15. Limitation of liability

To the extent the law allows:

• —our total liability for any claim connected with a project is limited to the fees you paid for that project;
• —for a monthly plan, it is limited to the fees you paid for that plan in the 3 months before the claim arose; and
• —we are not liable for indirect or consequential losses, including lost profits, lost revenue, lost data you did not back up, lost opportunities or harm to reputation.

These limits do not apply to liability that cannot be limited under Philippine law, including liability for fraud or gross negligence.

16. Force majeure

Neither of us is responsible for delay or failure caused by events beyond reasonable control. Examples include typhoons, floods, earthquakes, fire, epidemics, government action, war, civil unrest, widespread power or internet outages, and outages of major platforms or hosting providers.

The affected party will tell the other promptly and resume as soon as possible. The schedule extends by the length of the event. If the event lasts more than 30 calendar days, either of us may end the affected work, and Section 8’s refund rule for work not delivered applies. Payment obligations for work already done are not excused.

17. Confidentiality

Each of us will keep the other’s confidential information private and use it only for the agreed work. Confidential information includes business plans, pricing, customer data, logins, unpublished work and our methods and tools.

This does not cover information that is public through no fault of the receiving party, that the receiving party already had or develops independently, or that must be disclosed by law or court order. In that case the receiving party will give advance notice where allowed.

We may share confidential information with our team, contractors and professional advisers who need it and are bound by similar duties. This duty lasts during the work and for 3 years after it ends. Logins, customer data and trade secrets stay confidential for as long as they remain confidential.

18. Data protection

Some projects require us to handle personal information you control, such as your customer list, website inquiries or CRM records. For that information, you are the personal information controller and we are your personal information processor under the Data Privacy Act of 2012 (Republic Act No. 10173).

For that information, we will:

• 1.process it only on your documented instructions and for the agreed work;
• 2.make sure everyone who handles it is bound by confidentiality;
• 3.apply reasonable organisational, physical and technical security measures;
• 4.use subprocessors (such as hosting, CRM, email and automation providers) only under terms that protect the information, and tell you before adding a new one for your project;
• 5.tell you without undue delay, and within 48 hours of becoming aware, of a breach affecting your information, with the details we have, so you can meet your own notification duties;
• 6.help you respond to data subject requests and regulator inquiries about the work, at our standard rates if the help goes beyond reasonable effort; and
• 7.return or delete the information within 30 calendar days after the work ends, unless the law requires us to keep it.

You are responsible for having a lawful basis and any required consent to collect the information and to give it to us, and for your own privacy notice.

Do not send us passwords, patient records or other sensitive personal information through public forms or chat. We will agree a secure method with you. Our Privacy Policy explains how we handle our own records.

19. Non-solicitation

During the work and for 12 months after it ends, you will not directly hire or engage any person who worked on your project for Viable, without our written consent. If you do, you will pay us a placement fee equal to three months of the fees we paid that person, or ₱50,000, whichever is higher. General job advertisements are allowed.

20. Independent contractor

We work as an independent business. Nothing in these Terms creates an employment, agency, partnership or joint venture between us. We decide how, when and by whom the work is done, within the agreed scope and schedule.

21. Notices

Notices under these Terms are sent by email. Ours go to the email address in your agreement. Yours go to info@viable-works.com.

An email notice counts as received on the day it is sent if sent before 5:00 p.m. Philippine time on a working day, otherwise on the next working day, unless the sender gets a delivery failure message. Each of us must tell the other in writing if our notice email changes.

22. Electronic signatures and records

Quotes, agreements, approvals and notices may be signed and exchanged electronically. Electronic signatures and records have the same effect as signed paper documents under the Electronic Commerce Act of 2000 (Republic Act No. 8792). Paying the deposit after receiving the agreement also counts as accepting it.

23. Assignment

You may not transfer your agreement to anyone else without our written consent. We may transfer our agreement, with notice to you, to a successor business or entity that takes over Viable’s operations. We may also use contractors to perform the work, and we stay responsible for their work.

24. General terms

• —Entire agreement. The signed agreement, the quote and these Terms are the whole agreement for the work. They replace earlier discussions and proposals.
• —Changes to an agreement. A signed agreement changes only in writing, approved by both of us, including by email.
• —Severability. If a court finds any part invalid, the rest stays in effect, and the invalid part is replaced by the closest valid wording.
• —No waiver. Not enforcing a right right away does not mean giving it up.
• —Survival. Sections on payment, ownership, confidentiality, data protection, liability, non-solicitation and governing law continue after the work ends.

25. Governing law and disputes

Philippine law governs these Terms and every agreement under them, including agreements with clients abroad.

If a dispute arises, either of us may send a written notice describing it. We will try in good faith to settle it within 30 calendar days of that notice, before going to court. Barangay conciliation applies where the law requires it.

Any court case must be filed exclusively in the proper courts of Cebu City, Philippines. Nothing in this section removes rights that cannot be waived by law.

26. Concerns and changes to these Terms

Send concerns to info@viable-works.com with enough detail for us to look into them. We will acknowledge your concern and explain next steps.

We may update these Terms. The latest date appears at the top of this page. Changes do not alter an accepted quote, signed agreement or payment already made. For monthly plans, changes apply from your next billing period after 30 calendar days’ notice by email. If you do not agree, you may end the plan under Section 9.