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Terms and Conditions
Official corporate framework governing websites, client commercial engagements, software engineering deliverables, employment candidate evaluations, and managed business process operations.
Home / Terms and Conditions
Official corporate framework governing websites, client commercial engagements, software engineering deliverables, employment candidate evaluations, and managed business process operations.
Official Governance Notice: This document sets forth the comprehensive terms of engagement for Operava Global Solutions. For contracted enterprise clients, mutually executed Master Services Agreements (MSAs), Statements of Work (SOWs), Non-Disclosure Agreements (NDAs), and Data Processing Agreements (DPAs) control and govern the specific commercial deliverables described therein.
Operava Global Solutions is an officially registered One Person Corporation (OPC) organized and operating under the laws of the Republic of the Philippines, registered with the Securities and Exchange Commission (SEC Registration Number: 2026080262213-03), with corporate headquarters located at Pagudpud, Ilocos Norte 2919, Philippines.
Operava provides advanced Information Technology (IT) engineering, custom software systems development, specialized workforce augmentation, and high-velocity Business Process Outsourcing (BPO) solutions. We partner with high-growth technology startups, mid-market commercial enterprises, and global corporations. Operava operates under an agile, remote-first global delivery model in strict adherence to all applicable statutory and regulatory requirements.
By accessing, browsing, interacting with, or utilizing our websites, digital portals, talent submission interfaces, or API endpoints, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and Conditions. If you do not consent to these Terms, you must discontinue your use of our platforms immediately.
Where an individual accesses our systems on behalf of a corporation, partnership, or legal entity, that individual represents and warrants that they possess full legal authority to bind that entity to these Terms. In commercial engagements involving signed Master Services Agreements (MSAs) or Statements of Work (SOWs), the provisions of those executed contracts govern and take precedence over these general website terms.
Operava delivers an integrated suite of technology, staffing, and business process capabilities, including but not limited to:
Descriptions of capabilities, services, hourly rates, and job listings displayed on this website or in promotional presentations are for informational purposes only and do not constitute a binding legal offer to furnish services. Operava is not obligated to provide any professional service until a definitive, mutually agreed commercial contract, Statement of Work (SOW), or approved Order Form has been fully executed by authorized representatives of both parties.
Operava utilizes a proprietary generalist-to-specialist delivery framework designed to maximize engineering efficiency and speed of execution. Assigned personnel are allocated based on technical proficiencies, project milestones, time-zone overlap requirements, and client-defined operational parameters.
While Operava makes every reasonable effort to maintain personnel consistency throughout a project's lifecycle, resource reallocations may occur due to promotion, skill realignment, personal leave, or operational exigency. In such events, Operava will provide a qualified replacement possessing equivalent technical competency, ensuring continuity via documented handovers at no additional training expense to the Client.
To enable timely and successful service delivery, the Client agrees to:
Operava shall not be held liable for delivery delays, project overruns, or performance defects directly attributable to client non-responsiveness, withholding of access credentials, or changes to requirements midway through active sprints.
Operava warrants that all professional services will be performed with professional diligence, skill, and care in conformity with prevailing industry engineering best practices. Project deliverables are delivered in iterative milestones for client testing and validation.
Upon delivery of a completed milestone, the Client has ten (10) business days to inspect the deliverable and report any reproducible deviations from the documented specifications in writing. If no written objection or defect report is received within this window, the deliverable will be deemed formally accepted, triggering the release of associated milestone payments.
Under dedicated staffing arrangements, deployed personnel work under the operational project direction and workflow guidance of the Client, while remaining employees or lawful independent contractors of Operava Global Solutions. Operava retains complete legal, payroll, benefits, and statutory employer responsibilities under Philippine Department of Labor and Employment (DOLE) mandates.
If an assigned specialist does not satisfy the technical or cultural expectations established in the SOW during the initial fourteen (14) calendar days of deployment, the Client may request immediate replacement. Operava will assign an alternative candidate without additional sourcing fees.
Operava employs modern recruitment technologies, including automated and artificial intelligence (AI) assisted algorithms, to parse resumes, assess technical competency benchmarks, and match candidate profiles against open client requisitions. AI systems function strictly as decision-support tooling; all critical evaluations, shortlist selections, and final hiring determinations undergo human review by our talent acquisition specialists.
Submission of an application, resume, or portfolio through our career portal registers the candidate into our talent pool but does not constitute an offer of employment or a guarantee of interview or placement.
Operava operates as a distributed, remote-first global delivery organization. All remote personnel operate on secure, managed computing hardware equipped with endpoint detection, encrypted storage, and multi-factor authentication. Personnel adhere to verified network security protocols and follow-the-sun collaboration practices to ensure synchronous overlap with client time zones across North America, Europe, Australia, and Asia-Pacific.
Where the Client or its designated users are issued credentials to access Operava project portals, timesheet dashboards, code repositories, or ticketing tools, the user is solely responsible for maintaining the confidentiality of those access credentials. Users agree to utilize strong, unique passwords and enable Multi-Factor Authentication (MFA). Any suspected credential compromise or unauthorized access must be reported to compliance@operavaglobal.com within twenty-four (24) hours.
Users of our websites, platforms, and services agree not to:
Work Product: All custom source code, documentation, designs, database schemas, and deliverables created exclusively for a Client under an executed Statement of Work shall become the sole intellectual property of the Client upon full, final, and undisputed payment of all corresponding fees and invoices.
Operava Pre-Existing IP: Operava retains sole ownership of all pre-existing software libraries, architectural frameworks, developer tooling, proprietary algorithms, and general know-how developed independently of the client engagement. Where pre-existing tools are integrated into client deliverables, Operava grants the Client a perpetual, worldwide, non-exclusive, royalty-free license to utilize such components as an indivisible part of the deliverable.
The Client retains 100% ownership of all proprietary data, corporate trademarks, trade secrets, software assets, and documentation provided to Operava. The Client grants Operava a limited, revocable, non-exclusive license to utilize these materials solely to the extent necessary to perform the contracted services.
Deliverables may incorporate third-party cloud infrastructure (e.g., Amazon Web Services, Google Cloud Platform, Microsoft Azure), commercial software APIs, and open-source packages. Such components are subject to their respective vendor license agreements and service level agreements (SLAs). Operava is not liable for upstream service interruptions, price increases, or outages caused by independent third-party vendors.
Both Operava and the Client agree that any proprietary, financial, operational, or technical information exchanged in connection with their commercial relationship shall be treated with the utmost confidentiality. Neither party will disclose the confidential information of the other party to any third party without prior written consent, exercising at least the same degree of care it uses to protect its own confidential information of like importance (and in no case less than reasonable care).
These confidentiality obligations survive the termination or expiration of the commercial relationship for a period of not less than five (5) years, and indefinitely with respect to trade secrets and source code.
Operava processes personal data in strict compliance with the Philippine Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and circulars issued by the National Privacy Commission (NPC). Detailed policies governing our data collection, processing, storage, and subject rights are set forth in our official Privacy Policy.
Operava maintains industry-standard technical, administrative, and physical security measures, including:
Fees for services rendered are stipulated in the corresponding Statement of Work, Order Form, or service agreement. Invoices are issued in accordance with agreed milestone schedules or on a monthly recurring retainer basis. Unless expressly specified otherwise in writing, invoices are due and payable within fifteen (15) calendar days from the date of issuance.
Late payments are subject to a statutory finance charge of 1.5% per month (or the maximum lawful rate permitted by Philippine law, whichever is lower) calculated from the due date until full payment is received. Operava reserves the right to suspend active development or service access in the event an invoice remains delinquent past thirty (30) days.
All fees are quoted exclusive of statutory taxes unless explicitly stated otherwise. Domestic Philippine transactions are subject to twelve percent (12%) Value Added Tax (VAT) as mandated by the Philippine Bureau of Internal Revenue (BIR). Where a client is required under Philippine tax law to withhold taxes, the Client must furnish the corresponding BIR Form 2307 (Certificate of Creditable Tax Withheld at Source) within twenty (20) calendar days of withholding.
Either party may terminate an active commercial engagement for cause if the other party commits a material breach of the agreement and fails to cure such breach within thirty (30) calendar days of written notification. Cancellation of services without cause is subject to the notice periods stipulated in the governing SOW (typically thirty (30) days for ongoing BPO and staffing contracts).
Cancellation does not automatically entitle the Client to a cash refund for services properly performed or hours already expended. All financial adjustments, credits, and dispute calculations are governed strictly by our official Refund Policy.
Operava Global Solutions is a specialized engineering, workforce, and business process outsourcing provider. No information, report, consultation, or deliverable supplied by Operava shall be construed as formal legal, accounting, tax, or specialized regulated financial advice. Clients should consult qualified independent legal counsel and certified public accountants for regulatory compliance matters.
To the maximum extent permitted by applicable law, neither Operava nor its directors, officers, employees, or agents shall be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business interruption, arising out of or related to these Terms or the services provided, regardless of the theory of liability.
Operava’s total aggregate liability arising out of or related to any claim under these Terms or an applicable SOW shall not exceed the net fees actually paid by the Client to Operava for the specific deliverable or service month giving rise to the claim during the three (3) months preceding the incident.
Neither party will be held responsible for failure or delay in fulfilling its obligations (other than payment obligations for services already rendered) caused by circumstances beyond its reasonable control, including natural disasters, severe typhoons, earthquakes, major regional telecommunications or national electrical grid outages, acts of war, terrorism, civil unrest, global pandemics, or governmental embargoes.
Operava reserves the right to amend these Terms and Conditions periodically to reflect modifications in our services, technology practices, or statutory obligations. Any revisions will become effective immediately upon posting to this URL, with an updated "Effective Date". Active enterprise clients will be notified of material operational changes through official client service channels.
These Terms and Conditions, and all disputes arising out of or relating to their interpretation or execution, shall be governed by, construed, and enforced in accordance with the substantive laws of the Republic of the Philippines, without giving effect to conflict of law principles. The competent courts of the Republic of the Philippines shall have exclusive jurisdiction over any legal proceedings arising hereunder.
If any clause, paragraph, or provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
The failure or delay of Operava to exercise or enforce any right, power, or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall any single or partial exercise preclude any other or further exercise of rights hereunder.
These Terms and Conditions, together with our Privacy Policy and Refund Policy, constitute the general legal framework governing public and preliminary interactions with Operava. In the event of an explicit conflict between these Terms and a mutually executed Master Services Agreement (MSA) or Statement of Work (SOW), the provisions of the executed agreement shall prevail.
For legal notices, compliance matters, and official commercial inquiries, please reach our authorized administrative offices through the following channels:
Corporate Office: Pagudpud, Ilocos Norte 2919, Republic of the Philippines
SEC Registration: 2026080262213-03
Operava Global Solutions remains relentlessly dedicated to engineering craftsmanship, operational agility, and transparent governance. We empower global organizations to build, scale, and deliver with uncompromised velocity.
OPERAVA — Operating in Advance.