1. These terms
These Terms of Service govern your use of the website at alaya.biz and, where stated, the services provided by Alaya Business Process Outsourcing ("Alaya", "we", "us"), a business name registered with the Philippine Department of Trade and Industry.
By using this website you accept these terms. If you do not accept them, please stop using the site.
Signed agreements take precedence. Where you have a signed master services agreement, statement of work, enrolment contract or data processing agreement with us, that document governs the relationship and prevails over these terms to the extent of any conflict.
2. Use of this website
You may view, download and print pages from this site for your own information or for evaluating us as a supplier or training provider. You may not:
- copy, republish or sell our content for commercial purposes without written permission;
- use automated systems to scrape, harvest or mirror the site beyond ordinary, polite search-engine indexing;
- attempt to gain unauthorised access to the site, its hosting, or any connected system;
- introduce malicious code, or use the site in a way that damages or impairs it for others;
- misrepresent your identity or affiliation when contacting us, or use our forms to send unlawful, abusive or unsolicited commercial content.
Misuse may be reported to the authorities under Republic Act No. 10175 (Cybercrime Prevention Act of 2012) and other applicable law.
3. Intellectual property
The content of this site — text, layout, graphics, the Alaya name and mark, course outlines and methodology descriptions — is owned by Alaya or used with permission, and is protected by Republic Act No. 8293 (Intellectual Property Code of the Philippines) and international copyright law.
Course materials supplied to learners are licensed for personal study only. They may not be copied, resold, uploaded to file-sharing services, or used to teach third parties.
Client trademarks, logos and materials remain the property of the client. We use them only as permitted by the engagement.
4. Accuracy of information
We take care to keep this site accurate, but the content is general information, not a binding offer or professional advice. Service descriptions, timelines, coverage options and language availability are indicative; what we will actually deliver for you is set out in your proposal and agreement.
Links to third-party websites are provided for convenience. We do not control them and are not responsible for their content or practices.
5. Outsourcing services
Proposals and quotations
Quotations are valid for 30 days unless stated otherwise, and are based on the volumes, languages, coverage and assumptions recorded in the proposal. Material changes to those assumptions may change the price; we will tell you in writing before anything changes.
Service levels
Service levels, reporting commitments and remedies are defined in the service schedule for your engagement. Where performance depends on inputs from you — systems access, documentation, approvals, timely escalation responses — our obligations are adjusted accordingly.
Personnel
Our people are our employees. We are responsible for their recruitment, supervision, compensation and statutory benefits under Philippine law. Neither party may solicit or hire the other's personnel engaged on the programme during the term and for 12 months afterwards, except with written consent.
Subcontracting
We do not subcontract delivery of your programme to another provider without your prior written consent.
6. Language training terms
Enrolment
A seat is confirmed when payment clears or, for corporate cohorts, when a signed purchase order or contract is received. Placement assessment results determine the level you are enrolled in; we reserve the right to move a learner to a more suitable level, with a pro-rata adjustment if the fee differs.
Fees and payment
Fees are stated in writing before enrolment and cover tuition, standard materials and end-of-level assessment. External examination fees (JLPT, TOPIK, HSK) are paid directly to the examining body and are not included.
Cancellation, rescheduling and refunds
- More than 7 days before the course starts: full refund, or transfer to a later intake at no charge.
- Within 7 days of the start date: transfer to a later intake at no charge, or a refund less a reasonable administrative charge stated in your enrolment confirmation.
- After the course has started: fees for sessions already delivered are not refundable. In case of documented illness, bereavement, deployment to a conflicting work schedule or similar circumstance, we will defer your remaining sessions to a later intake.
- If Alaya cancels or reschedules a course and no alternative is acceptable to you, you receive a full refund of the undelivered portion.
- Classes may require a minimum number of enrolled learners to run. If the minimum is not met we will offer a later intake, a smaller-group rate, or a full refund.
Attendance, conduct and certificates
Certificates of completion are issued to learners who complete the level and pass the end-of-level assessment, subject to a minimum attendance rate notified at enrolment. Our certificate is a record of study with Alaya; it is not a government or international proficiency certification.
We may remove a learner, without refund, for conduct that harasses or endangers other learners or staff, or for distributing course materials unlawfully.
Recordings
Live online sessions may be recorded so that learners on shifting schedules can catch up. You will be told in advance. Recordings are shared only within the class and are deleted at the end of the course cycle.
7. Payment, taxes and late settlement
Invoices are payable in the currency and within the period stated on the invoice (our standard terms are 15 to 30 days). Fees are exclusive of value-added tax and of any withholding tax; where Philippine law requires a client to withhold tax, the client shall provide the corresponding certificate.
We may charge interest on overdue amounts at the rate stated in your agreement, and may suspend services after written notice if an undisputed invoice remains unpaid. Disputed items must be raised in writing within 15 days of the invoice date.
8. Confidentiality
Each party will keep the other's confidential information in confidence, use it only for the purpose of the engagement, and disclose it only to personnel and advisers who need it and are bound by equivalent obligations. These duties survive termination. They do not apply to information that is public through no breach, independently developed, or required to be disclosed by law — in which case the disclosing party will give notice where lawful.
9. Data protection
Our handling of personal data is described in the Privacy Notice. Where we process personal data on a client's behalf, a separate data processing agreement applies and sets out the subject matter, duration, nature, purpose, types of data, categories of data subjects, and the parties' respective obligations, as required by the Data Privacy Act of 2012 and, where applicable, Article 28 of the GDPR.
10. Warranties and limitation of liability
We will perform our services with reasonable skill and care, using suitably trained personnel, in accordance with the agreed specification.
This website is provided "as is". To the fullest extent permitted by law we exclude implied warranties relating to the website, and we do not warrant that it will be uninterrupted or error-free.
To the fullest extent permitted by Philippine law, and except for liability that cannot lawfully be excluded:
- neither party is liable for indirect or consequential loss, loss of profit, loss of anticipated savings, or loss of goodwill;
- each party's aggregate liability arising out of an engagement is limited to the amount stated in the signed agreement, or in the absence of such a statement, to the fees paid under that engagement in the 12 months preceding the event giving rise to the claim;
- nothing limits liability for death or personal injury caused by negligence, for fraud, or for a party's wilful misconduct.
11. Force majeure
Neither party is liable for failure or delay caused by events beyond its reasonable control, including typhoons, earthquakes, flooding, volcanic activity, fire, epidemic or pandemic, government action, civil unrest, war, failure of public telecommunications or power networks, or a nationwide failure of internet infrastructure.
We maintain a business continuity plan covering redundant connectivity, backup power and a tested work-from-home failover, and we will use reasonable efforts to maintain service during such events. If an event continues for more than 30 consecutive days, either party may terminate the affected services on written notice.
12. Suspension and termination
Either party may terminate an engagement for convenience on the written notice period stated in the agreement, or immediately for material breach that is not remedied within 30 days of written notice, or on insolvency of the other party.
On termination we will, at the client's election, return or securely delete client data and personal data, except where retention is required by law, and will cooperate reasonably with transition to the client or a successor provider on agreed commercial terms.
13. Governing law and disputes
These terms and any engagement are governed by the laws of the Republic of the Philippines, without regard to conflict-of-law rules.
The parties will first attempt in good faith to resolve any dispute through discussion between senior representatives within 30 days. Failing that, the courts of Taguig City, Philippines, have exclusive jurisdiction, unless the signed agreement provides for arbitration, in which case disputes are resolved by arbitration seated in the Philippines under the rules named in that agreement.
Nothing prevents either party from seeking urgent injunctive relief in any competent court to protect confidential information or intellectual property.
14. General
If any provision is held invalid, the rest remains in force. A failure to enforce a right is not a waiver of it. Neither party may assign an agreement without the other's written consent, except to a successor of its business. There are no third-party beneficiaries. Notices must be in writing and sent to the addresses in the agreement, or for website matters through the contact form on this site.
15. Changes to these terms
We may update these terms to reflect changes in our services or in the law. The version published here, with the date at the top of this page, is the one that applies to your use of the website. Changes do not alter the terms of a signed agreement already in force.