DMIEffective Date: 08/19/2026
Last Updated: 08/19/2026
These Terms and Conditions ("Terms") govern the use of the website and the provision of software development, web development, technical support, consulting, maintenance, and related technology services ("Services") provided by DMI Software Development Services ("DMI," "Company," "we," "us," or "our").
By accessing this website, requesting our Services, entering into a project agreement, submitting an inquiry, or otherwise engaging with DMI, you ("Client," "you," or "your") acknowledge that you have read, understood, and agreed to these Terms.
If you do not agree with these Terms, you should not use this website or engage DMI for Services.
1. Nature of the Business
DMI is a software development and technology services company.
DMI's business activities covered by these Terms may include:
Website and web application development
Custom software development
Software maintenance and updates
Technical support
System integration
Database development and management
UI/UX implementation
Software testing and quality assurance
Website deployment and configuration
Technical consulting
Other software-related services agreed upon in writing
DMI does not operate this website as an online store and does not offer physical products or merchandise for sale through the website.
Any third-party software, hosting, domain, cloud service, subscription, license, API, plugin, theme, or other technology used in connection with a project may be subject to separate terms imposed by its respective provider.
2. Acceptance of Terms
By requesting a quotation, approving a proposal, signing a project agreement, making a payment, providing project materials, or instructing DMI to begin work, the Client accepts these Terms together with any applicable quotation, proposal, statement of work ("SOW"), service agreement, or written project specification.
Where a signed project agreement conflicts with these Terms, the signed project agreement will control to the extent of the conflict.
3. Project Scope
Each project should have an agreed scope describing, where applicable:
Project objectives
Features and functionality
Deliverables
Technology requirements
Estimated timeline
Fees and payment schedule
Number of revisions
Deployment requirements
Maintenance or support requirements
Work outside the agreed scope may constitute additional work and may be subject to additional fees and timeline adjustments.
DMI is not obligated to perform additional work unless the additional work has been approved by the Client.
4. Client Responsibilities
The Client agrees to provide DMI with accurate, complete, and timely information necessary to perform the Services.
The Client is responsible for:
Providing accurate project requirements
Providing required content, branding, images, documents, and data
Providing access credentials when necessary
Reviewing deliverables within a reasonable period
Providing timely feedback and approvals
Obtaining necessary licenses and permissions for Client-provided materials
Maintaining appropriate backups of Client-owned information
Ensuring that Client instructions and materials do not violate applicable law
Delays caused by the Client, including delayed approvals, missing information, unavailable access, or changes in requirements, may result in corresponding changes to the project schedule.
5. Fees and Payments
All fees will be communicated through a quotation, proposal, invoice, SOW, or other written agreement.
Unless otherwise agreed:
Project work may require an initial deposit before development begins.
Remaining balances are payable according to the agreed payment schedule.
DMI may suspend work when payments become overdue.
DMI may withhold deployment, transfer, source files, or other final deliverables until outstanding amounts are paid, where legally permitted.
Additional work outside the agreed scope may incur additional charges.
Payments already made may be non-refundable to the extent that they relate to work already performed, resources already purchased, or costs already incurred, subject to applicable law and the applicable project agreement.
6. Late Payments
If a Client fails to make a payment by its due date, DMI may provide written notice requiring payment.
Where permitted by applicable law and the applicable agreement, DMI may charge reasonable late-payment fees, interest, administrative costs, or collection expenses.
DMI may also temporarily suspend Services until the outstanding balance is resolved.
7. Project Changes
The Client may request changes to the agreed project scope.
DMI may evaluate the requested change and determine whether it affects:
Cost
Development time
Technical requirements
Existing functionality
Deployment schedule
DMI may require written approval of an updated quotation or change order before implementing substantial changes.
8. Intellectual Property and Unauthorized Use
DMI respects intellectual-property rights and expects its Clients to do the same.
The Client must not request, require, encourage, or knowingly permit DMI to use materials that infringe another person's or organization's intellectual-property rights.
This includes, without limitation:
Copyrighted software without appropriate authorization
Pirated software
Cracked applications
Unauthorized plugins or themes
Stolen website designs
Unauthorized source code
Illegally obtained databases
Counterfeit software licenses
Copyrighted images, videos, fonts, or media without appropriate rights
Trademarks used without authorization
Confidential or proprietary materials belonging to another party without permission
DMI reserves the right to refuse any request that it reasonably believes may involve copyright infringement, piracy, software theft, unauthorized access, fraud, or other unlawful activity.
9. Client-Provided Intellectual Property
The Client represents and warrants that it has the necessary rights, licenses, permissions, and authority to provide DMI with any materials supplied for a project.
The Client remains responsible for materials it provides, including text, images, logos, videos, databases, software, documents, trademarks, and other content.
The Client agrees to indemnify DMI against third-party claims arising from the Client's unauthorized use of such materials, to the extent permitted by applicable law.
10. DMI Intellectual Property
Unless otherwise agreed in writing, DMI retains ownership of its pre-existing:
Software libraries
Frameworks
Development tools
Templates
Code components
Scripts
Internal systems
Processes
Methodologies
Know-how
Reusable components
Project-specific ownership or licensing of deliverables will be determined by the applicable project agreement.
Payment for Services does not automatically transfer ownership of DMI's pre-existing technology or reusable development assets.
11. Third-Party Software and Services
Projects may depend on third-party services, including hosting providers, cloud platforms, APIs, payment processors, plugins, libraries, domain registrars, analytics platforms, and other external technologies.
DMI does not control third-party services and cannot guarantee their continuous availability, pricing, security, functionality, or future compatibility.
The Client may be required to maintain its own third-party accounts and subscriptions.
12. Website and Software Security
DMI will use reasonable professional practices appropriate to the agreed scope of the project.
However, no software, website, server, network, or internet-connected system can be guaranteed to be completely secure.
The Client acknowledges that security risks may arise from:
Third-party services
Hosting environments
Compromised credentials
Client-side changes
Vulnerable plugins or libraries
Operating-system vulnerabilities
Cyberattacks
Improper configuration
Unsupported software
Unauthorized access
The Client is responsible for maintaining appropriate credentials, access controls, hosting arrangements, backups, and security practices unless those responsibilities have expressly been assigned to DMI.
13. Backups
Unless expressly included in a project or maintenance agreement, DMI is not responsible for maintaining permanent backups of Client websites, databases, source code, files, or other data.
Clients are encouraged to maintain independent backups of important information.
Where backup services are specifically provided, the applicable backup terms and limitations will apply.
14. Delivery and Acceptance
A deliverable may be considered accepted when the Client:
Provides written approval;
Publishes or deploys the deliverable;
Begins using the deliverable for its intended purpose; or
Fails to identify material defects within the agreed review period.
Minor issues, cosmetic differences, or changes outside the agreed scope do not necessarily constitute a failure to deliver the project.
15. Warranty and Bug Fixes
DMI will make reasonable efforts to correct reproducible defects that materially prevent the delivered software from operating according to the agreed specifications.
Unless otherwise agreed, warranty or bug-fix coverage does not include problems caused by:
Client modifications
Third-party modifications
Hosting changes
Unsupported software
New browser or operating-system changes
Third-party API changes
Unauthorized access
Misuse
Changes to project requirements
Software or services outside DMI's control
The applicable project agreement may establish a specific warranty or support period.
16. Maintenance and Support
Ongoing maintenance and technical support are not automatically included in a development project unless expressly stated in writing.
Support may include software updates, bug fixes, monitoring, troubleshooting, security updates, or other services depending on the selected service arrangement.
Support requests outside the agreed package may be billed separately.
17. Prohibited Activities
Clients may not use DMI's Services to knowingly facilitate or develop systems intended primarily for unlawful activities.
Prohibited activities include, but are not limited to:
Piracy
Copyright infringement
Software cracking
Credential theft
Unauthorized access
Malware distribution
Fraud
Phishing
Identity theft
Distribution of stolen information
Circumvention of security controls
Unauthorized surveillance
Other activities prohibited by applicable law
DMI may refuse, suspend, or terminate Services when it reasonably believes that the Services are being used for prohibited or unlawful purposes.
18. Suspension and Termination
DMI may suspend or terminate Services, subject to applicable law and any applicable project agreement, when:
Payments remain substantially overdue;
The Client materially breaches these Terms;
The Client requests unlawful or infringing work;
The Client engages in abusive or threatening conduct toward DMI personnel;
Continued performance would create unreasonable legal, security, or operational risk;
The Client materially misrepresents information relevant to the project.
Upon termination, the Client remains responsible for amounts properly due for Services already performed and approved expenses incurred before termination.
19. Cancellation by Client
A Client may request cancellation of a project.
Cancellation does not automatically entitle the Client to a refund of amounts corresponding to work already performed, committed resources, third-party costs, or other non-recoverable expenses, subject to applicable law and the applicable project agreement.
DMI may provide completed paid deliverables to the Client where appropriate and legally permitted.
20. Confidentiality
Each party agrees to use reasonable care to protect confidential information received from the other party.
Confidential information may include:
Business information
Credentials
Source code
Technical documentation
Customer information
Pricing information
Proprietary processes
Non-public project information
Confidentiality obligations do not generally apply to information that:
Is publicly available without breach;
Was already lawfully known;
Is independently developed;
Is lawfully obtained from another source; or
Must be disclosed by law or valid legal process.
21. Data Protection
Each party is responsible for complying with privacy and data-protection laws applicable to its activities.
Where DMI processes personal information on behalf of a Client, the parties may enter into additional data-processing or privacy agreements where required.
The Client remains responsible for determining the lawful basis for collecting and using personal information through its website or application unless otherwise agreed.
22. No Guarantee of Business Results
DMI provides technology and software-development Services.
DMI does not guarantee that a website, application, software system, or other deliverable will produce a particular:
Revenue amount
Number of customers
Search-engine ranking
Advertising result
Conversion rate
Business profit
Market position
Business results depend on factors outside DMI's control.
23. Limitation of Liability
To the maximum extent permitted by applicable law, DMI will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the Services.
This may include loss of:
Profits
Revenue
Business opportunities
Data
Goodwill
Expected savings
Business interruption
To the maximum extent permitted by applicable law, DMI's aggregate liability arising from a particular project will not exceed the amount actually paid by the Client to DMI for that project during the applicable period, unless a different limitation is expressly agreed in writing.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
24. Indemnification
To the extent permitted by law, the Client agrees to defend, indemnify, and hold harmless DMI and its officers, employees, contractors, and representatives from claims, damages, liabilities, costs, and reasonable expenses arising from:
Client-provided materials;
Client's unlawful use of the Services;
Client's infringement of third-party rights;
Client's breach of these Terms;
Client's violation of applicable law; or
Unauthorized instructions or activities initiated by the Client.
25. Force Majeure
DMI will not be responsible for delays or failure to perform caused by circumstances beyond its reasonable control.
These circumstances may include:
Natural disasters
Government actions
Internet outages
Major infrastructure failures
Cyberattacks
Cloud-provider outages
Telecommunications failures
Power failures
War
Civil unrest
Pandemics
Labor disruptions
Other events beyond reasonable control
26. Independent Contractor
DMI acts as an independent contractor.
Nothing in these Terms creates a partnership, joint venture, employment relationship, agency relationship, or franchise relationship between DMI and the Client unless expressly agreed in writing.
27. No Waiver
A failure by DMI to enforce any provision of these Terms does not constitute a permanent waiver of that provision or of DMI's right to enforce it in the future.
28. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the maximum extent permitted by law.
29. Amendments
DMI may update these Terms from time to time.
The updated version will become effective when published on the website unless a different effective date is specified.
For existing projects, the terms of the applicable signed project agreement may continue to govern where required.
30. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of [Insert Jurisdiction], without regard to conflict-of-law principles.
Any dispute that cannot be resolved through good-faith negotiation shall be handled by the courts or dispute-resolution mechanism having appropriate jurisdiction in Pampanga Philippines, unless otherwise required by applicable law or agreed in writing.
31. Dispute Resolution
Before commencing formal legal proceedings, the parties should make reasonable efforts to resolve disputes through good-faith communication.
Where appropriate, the parties may attempt mediation or another mutually agreed dispute-resolution process before proceeding to litigation.
Nothing in this section prevents either party from seeking urgent legal relief where necessary to protect confidential information, intellectual property, security, or other legal rights.
32. Notices
Formal notices relating to a project, payment dispute, termination, or legal matter should be delivered through the contact information specified in the applicable project agreement or through DMI's designated business contact information.
33. Entire Agreement
These Terms, together with any applicable quotation, proposal, SOW, project agreement, invoice, or written amendment, constitute the agreement between DMI and the Client concerning the applicable Services.
They supersede prior discussions or representations concerning the same subject matter to the extent permitted by law.
34. Electronic Acceptance
The Client agrees that electronic acceptance, electronic signatures, email approvals, online confirmations, or other electronic records may constitute valid evidence of acceptance where permitted by applicable law.
35. Contact Information
For questions regarding these Terms or DMI's Services:
DMI Software Development Services
Email: support@dmi-sds.com
Phone: 09451232555
Address: Sindalan San Fernando Pampanga, 2000
Website: https://dmi-sds.com
36. Acknowledgment
By using this website or engaging DMI for software development Services, the Client acknowledges that it has had the opportunity to review these Terms and agrees to comply with them.
DMI Software Development Services reserves all rights not expressly granted under these Terms.