STANDARD TERMS AND CONDITIONS OF SALE

1. The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
2. Standard Terms are as follows:
3. 1. All Software Licenses are to be paid in full by the Client upon invoice. Client has the option to pay directly or through Xcitech (which will be subject to 10% service fee plus applicable sales tax).
   2. All Consultancy Projects required 50% down payment, 40% progress billing and 10% upon acceptance.
   3. All fixed cost projects (Custom Support) will required a 2 months advance payment which the succeeding months invoiced thereafter.
   4. Terms and conditions of other projects will prevail where it is reflected in the signed contract and differs from this standard terms.
4. Our invoices are payable within 15 working days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, xcitech reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. xcitech will be authorized to suspend any provision of services without prior warning in the event of late payment.
5. If a payment is still outstanding more than sixty (60) days after the due payment date, Xcitech reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
6. Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can Xcitech become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to Xcitech in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
7. Xcitech undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. Xcitech cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
8. In order for it to be admissible, Xcitech must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
9. All our contractual relations will be governed exclusively by Philippines law.