Operava Billing and Refund Governance

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Refund Policy

Authoritative refund rules, cancellation conditions, service credit allocations, billing error remedies, and dispute escalation resolution frameworks for Operava Global Solutions.

Corporate Entity: Operava Global Solutions Effective Date: August 25, 2026 Jurisdiction: Republic of the Philippines Scope: All 49 Authoritative Policy Sections Support: cs@operavaglobal.com

Mandatory Compliance Notice: Contract cancellation does not automatically entitle a Client to a cash refund. Nothing in this Policy limits, excludes, or modifies statutory rights and remedies that cannot lawfully be waived under the laws of the Republic of the Philippines. Ratified and effective August 25, 2026.

01

Purpose and Scope

This Refund Policy (the “Policy”) establishes the definitive contractual terms and operational protocols under which Operava Global Solutions (“Operava,” “we,” “us,” or “our”) processes refund claims, cancellations, service credits, billing reconciliations, and payment disputes.

This Policy applies universally to all software systems, IT consulting, workforce augmentation pods, recruitment services, SaaS platforms, back-office BPO operations, and digital deliverables provided by Operava, whether delivered via project milestone, monthly retainer, or fixed-fee engagement.

02

Company and Service Overview

Operava is a duly registered Philippine corporation providing information technology, custom software engineering, and business process outsourcing solutions to commercial clients in the Philippines and internationally. In compliance with Philippine statutory regulations, Operava does not render services to offshore gaming entities and operates in strict conformity with national and international commercial standards.

03

Key Definitions

For the purposes of this Policy, the following terms hold the explicit meanings assigned below:

  • Agreement: The legally binding contract, Master Services Agreement (MSA), Statement of Work (SOW), or digital order form entered into between Operava and the Client.
  • Billing Period: The recurring cycle (e.g., monthly billing, bi-weekly sprint, or upfront milestone) for which services are invoiced.
  • BPO Services: Business Process Outsourcing, customer support helpdesk, back-office data processing, and document verification operations.
  • Business Client: Commercial corporations, partnerships, or sole proprietors engaging Operava for business purposes.
  • Cancellation: Formal written notice transmitted by the Client terminating services prior to the scheduled expiration of the contract.
  • Chargeback: A transaction reversal initiated directly through a card issuer, bank, or payment gateway that bypasses agreed dispute channels.
  • Defect / Material Deficiency: A verifiable, reproducible failure of a software build or service deliverable to conform to documented contract specifications.
  • Deliverable: Discrete work products, source code repositories, technical documentation, or reports produced under an SOW.
  • Service Credit: A monetary credit applied against future invoices or billable hours with Operava.
  • Staffing Services: Dedicated engineering, QA, or customer service personnel embedded into a client's daily development workflows.
04

General Refund Principles

  • 4.1 No Unlawful Blanket Exclusion: Operava does not assert an unlawful blanket “no refund under any circumstance” exclusion where statutory consumer protection rights apply.
  • 4.2 Mandatory Rights Preserved: Consumer rights guaranteed under Republic Act No. 7394 (Consumer Act of the Philippines) remain fully operative and uncompromised.
  • 4.3 Cancellation vs. Refund: Notice of cancellation terminates future billing cycles but does not automatically entitle the Client to a cash refund for work properly performed prior to termination.
  • 4.4 Case-Specific Assessment: Each claim is investigated independently against verified timesheets, Git commit histories, server logs, and deliverable acceptance forms.
  • 4.5 Hierarchy of Remedies: Where a service deficiency is verified, the agreed order of remediation is: (1) prompt bug correction/remedial engineering; (2) reperformance of deficient services; (3) allocation of Service Credits; or (4) partial or full cash refund.
05

Consumer and Business Client Transactions

Where services are procured by an individual consumer for personal, non-commercial purposes, mandatory statutory consumer rights apply. Commercial enterprise transactions are governed strictly by the executed Master Services Agreement and commercial terms agreed upon by the business entities.

06

Hierarchy of Agreements (Order of Precedence)

In the event of an irreconcilable conflict between documents, the following hierarchy controls: (1) mandatory statutory Philippine law; (2) mutually executed Master Services Agreement; (3) Statement of Work (SOW); (4) Service Level Agreement (SLA); (5) this Refund Policy; and (6) general website Terms.

07

Refund Eligibility Conditions

Refund claims are eligible for formal administrative review under the following verified circumstances:

  • Documented billing duplicates, payment processor errors, or overbilling calculations.
  • Unauthorized payments verified by financial fraud protection systems.
  • Valid cancellation submitted before any project work, environment provisioning, or resource reservation has begun.
  • Material service non-conformance that Operava fails to cure within the contractually defined remediation window.
  • Prepaid advance retainers where unexpended hours remain upon mutual, orderly contract termination.
08

Full Refunds

Full refunds are granted strictly where payment was taken erroneously without authorization, or where a project was formally cancelled within statutory or contractually agreed initial cooling-off windows prior to the expenditure of labor or infrastructure costs.

09

Partial Refunds

Where work has commenced, any refund granted will be partial and calculated by deducting the verified pro-rata value of properly completed milestones, verified billable labor hours, and non-recoverable pass-through third-party expenses.

10

Service Credits & Validity

Service Credits issued as a commercial accommodation are non-cashable and non-transferable. Service Credits remain valid for twelve (12) months from the date of issuance, after which any unutilized credit balance expires automatically.

12

Custom Software & Systems Development

Custom software engineering is delivered against progressive milestones. Once a milestone has been reviewed, tested, demonstrated, and accepted by the Client (or deemed accepted under the review window), milestone fees are fully earned and non-refundable.

12

Web, Mobile & Platform Engineering (QA Warranty)

Delivered software applications include a standard thirty (30) calendar-day QA warranty covering reproducible software bugs that deviate from agreed specifications. Operava will remediate identified defects at zero additional engineering expense; bug reports do not warrant cash refunds where timely cure is provided.

13

SaaS & Recurring Subscriptions

Subscriptions for proprietary tools and hosted platforms are billed in advance on a recurring monthly or annual basis. Cancellations take effect at the conclusion of the active billing cycle; mid-cycle pro-rata refunds are not issued unless mandated by consumer statute.

14

IT Consulting & Advisory Services

Advisory workshops, technical architecture assessments, and security posture consultations represent time-expended executive expertise. Consulting hours delivered are non-refundable once the scheduled consultation sessions have concluded.

15

Cloud Infrastructure, Hosting & Pass-Through Support

Third-party cloud infrastructure expenses (including AWS, GCP, Microsoft Azure, domain registrations, SSL certificates, and third-party SaaS APIs) incurred on the Client’s behalf are non-recoverable and strictly non-refundable.

16

Business Process Outsourcing (BPO)

Managed BPO contracts require dedicated infrastructure, workstation allocation, and dedicated staffing. Cancellation requires thirty (30) calendar days written notice. Unused prepaid agent hours are reconciled and adjusted upon formal contract conclusion.

17

Dedicated Staffing & 14-Day Replacement Warranty

Dedicated engineers and support personnel work under the Client's day-to-day workflow direction. If an assigned resource fails to satisfy performance standards within the initial fourteen (14) calendar days of deployment, Operava will provide an alternative qualified candidate at no additional sourcing charge.

18

Recruitment Process Outsourcing (RPO)

Direct placement and retained search fees cover sourcing, talent marketing, and technical evaluations. Placed candidates carry a replacement warranty (typically 60–90 days); if a candidate departs within this period, Operava executes a priority replacement search at zero placement fee.

19

Data Processing & Back-Office Operations

Volume-based document OCR, data entry, and verification workflows are invoiced on a per-unit basis. Disputed processing batches are audited against documented accuracy thresholds prior to issuing credit adjustments.

20

Digital Products & Downloaded Deliverables

Digital architecture blueprints, technical documentation packages, and custom source code repositories downloaded or accessed by the Client are considered delivered in full and are non-refundable.

21

Non-Refundable Items & Categories

Except where mandated by statutory law, the following categories are strictly non-refundable:

  • Milestones or deliverables accepted in writing or deemed accepted due to expiration of the review period.
  • Termination resulting from Client change of business strategy, commercial pivot, or change of mind.
  • Third-party cloud infrastructure, telecommunication trunks, or software licenses procured on Client behalf.
  • Non-recurring setup fees, compliance onboarding, and dedicated network provisioning costs.
22

Client-Initiated Cancellations

To cancel an active service engagement, the Client must deliver formal written notice to cs@operavaglobal.com. The Client remains obligated to pay all fees for work performed and expenses incurred up to the effective termination date.

23

Service Deficiencies & Cure Periods

If the Client identifies a deliverable that deviates from agreed specifications, the Client must submit specific, reproducible evidence within ten (10) business days of delivery. Operava is entitled to a reasonable cure window (typically 14–30 business days) to remediate the deficiency before any refund claim is considered.

24

Client-Caused Delays & Non-Cooperation

Operava is not liable, and no refunds or fee reductions will be issued, for project delivery delays or quality issues caused by delayed Client feedback, missing access credentials, third-party API dependencies, or scope modifications made mid-sprint.

25

Third-Party Costs & Pass-Through Disbursements

Disbursements made to third-party vendors (such as AWS, Google Cloud, Twilio, or licensed software vendors) are non-recoverable once transacted and are strictly excluded from refund calculations.

26

Payment Processing & Currency Conversions

Approved refunds are disbursed in the original currency of payment (USD or PHP). Operava is not liable for currency conversion fluctuations, exchange rate spreads, or intermediary international banking fees charged by the receiving financial institution.

27

Taxes & Statutory Deductions

Refunds are calculated on net service revenues. Any statutory Value Added Tax (VAT) or withholding taxes remitted to the Philippine Bureau of Internal Revenue (BIR) will be adjusted in accordance with applicable BIR tax regulations and credit memos.

28

Refund Claim Submission Procedure

To initiate a formal refund review, the Client must email cs@operavaglobal.com with the subject line Refund Claim — [Account Name] — [Invoice #], including:

  • Proof of transaction and invoice number.
  • Governing Statement of Work (SOW) reference.
  • A comprehensive, factual explanation of the grounds for the claim.
  • Supporting documentation, such as reproducible bug tickets, Git commit logs, or communications.
29

Review & Investigation Timeline

Operava acknowledges refund claims within two (2) business days. An operational investigation—examining project timesheets, code commits, deliverable sign-offs, and communication records—is targeted for completion within thirty (30) business days from submission.

30

Determination Factors

Claims are determined based on: (a) executed SOW terms; (b) Git commit records and timesheets; (c) defect severity and impact; (d) responsiveness of both parties; and (e) whether Operava was afforded a fair opportunity to cure defects within contractual timelines.

31

Calculation Formula

Where a partial refund is deemed appropriate, the financial reconciliation follows this definitive standard formula:

Official Illustrative Formula
Refundable Amount = Total Fees Paid − Value of Properly Rendered Services − Non-Recoverable Third-Party Disbursements − Lawful Merchant / Bank Fees
32

Method & Timeline of Payment

Approved cash refunds are disbursed within fifteen (15) business days following formal written determination, issued through the original method of payment (bank wire transfer or commercial payment gateway).

33

Chargebacks & Inappropriate Payment Disputes

Clients agree to utilize Operava’s dispute resolution escalation framework prior to initiating bank chargebacks. Any unilateral chargeback initiated in circumvention of this Policy will result in immediate suspension of active services and may incur administrative dispute processing fees.

34

Fraudulent & Bad-Faith Claims

Submission of claims containing intentionally fabricated information, or attempts to unjustly acquire custom software code without payment, will result in immediate termination of the client relationship, revocation of all intellectual property licenses, and referral to legal counsel for damages.

35

Service Interruptions & Scheduled Maintenance

Temporary platform downtime resulting from scheduled infrastructure maintenance or upstream ISP disruptions does not constitute a contractual breach and does not entitle the Client to refunds, provided advance maintenance notice was issued.

36

Force Majeure & Uncontrollable Events

Neither party will be held liable for failure or delay caused by catastrophic natural disasters, major typhoons, national power grid failures, warfare, acts of terrorism, civil unrest, global pandemics, or governmental embargoes.

37

International Clients & Cross-Border Engagements

International clients are subject to cross-border banking regulations and international anti-money laundering compliance. Approved refunds will reflect net funds received after standard international wire and intermediary correspondent bank fees.

38

Data Privacy & Confidentiality in Disputes

All records, invoices, emails, and technical evidence exchanged in the course of a refund assessment are treated with strict confidentiality under our Privacy Policy and the Philippine Data Privacy Act of 2012 (RA 10173).

39

Intellectual Property Rights in Refund Situations

In the event that a deliverable is refunded in full, all licenses, copyright assignments, and usage permissions granted to the Client for that deliverable are immediately revoked. The Client must permanently delete and cease all use of unpurchased software builds or design assets.

40

Limitation of Liability

Operava’s aggregate financial liability arising out of any refund claim or service dispute is strictly capped at the net fees actually paid by the Client to Operava for the specific deliverable or service month giving rise to the dispute.

41

Dispute Escalation Level 1 (Customer Support)

Initial refund claims must be submitted to cs@operavaglobal.com. Your dedicated account manager and client services team will review logs, timesheets, and deliverables to reach a mutually agreeable operational solution.

42

Dispute Escalation Level 2 (Executive Operations)

If a claim remains unresolved at Level 1, the Client may escalate the dispute in writing to cs-escalation2@operavaglobal.com for formal review by Operava executive management within ten (10) business days.

43

Dispute Escalation Level 3 (Formal Mediation & Legal Resolution)

Disputes that cannot be resolved through Level 2 executive escalation shall be submitted to confidential mediation in the Republic of the Philippines prior to the commencement of any formal legal proceedings.

44

Governing Law & Jurisdiction

This Refund Policy is governed by and construed in accordance with the substantive laws of the Republic of the Philippines. The competent courts of the Philippines shall have exclusive jurisdiction over any legal actions arising hereunder.

45

Amendments & Policy Updates

Operava reserves the right to amend this Policy periodically. Updated versions become effective immediately upon publication to this URL with a revised Effective Date. Continued engagement with our services constitutes acceptance of revised terms.

46

Severability & Construction

If any clause of this Policy is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be severed, and the remaining clauses will continue in full force and effect.

47

Official Support Contacts & Resolution Channels

For all billing questions, invoice verifications, and refund inquiries, our support channels are available:

Level 1 Support

Customer Support

Primary billing reviews, timesheet reconciliations, and ticket resolution.
cs@operavaglobal.com

Level 2 Support

Executive Escalations

Executive management review for unresolved billing or contract disputes.
cs-escalation2@operavaglobal.com

Governance

Compliance & Legal

Statutory compliance, contract terms, and regulatory documentation.
compliance@operavaglobal.com

48

Effective Date

This Refund Policy was officially ratified and entered into full legal effect on August 25, 2026.

49

Client Acknowledgment & Agreement

By engaging Operava Global Solutions, issuing a purchase order, submitting payment for an invoice, or executing a Statement of Work, the Client affirms that they have read, understood, and agreed to be bound by all 49 sections of this Refund Policy.

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