Legal Information

Lambent Consulting/Lambent Outsourcing (Lambent) provides services subject to the following notices and terms. When you use Lambent’s site services, you are subject to all applicable rules, guidelines, policies, and terms.

This site is provided by Lambent on an “as is” basis. Lambent Consulting makes no representations or warranties of any kind, express or implied, as to the site’s operation or the information, content, materials, or products included on this site. The entire risk as to the site’s operation and you assume any risk for the materials or products obtained or accessed through the site. Lambent Consulting is not responsible for the accuracy of the services or the materials or products obtained through or associated with this site or for any omissions therein.

To the full extent permissible by applicable law, Lambent Consulting disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Lambent Consulting will not be liable for any losses, claims or damages of any kind arising out of or in connection with the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. 

Copyright

All content on this site, including text, graphics, logos, images, and software, is the exclusive property of Lambent Consulting or other third parties, and is protected by international copyright laws, and/or other intellectual property laws. The content and software on this site may be used as an information resource exclusively. Any other use of the content on this site is strictly prohibited and may violate international copyright laws, and/or other intellectual property laws. This includes, but is not limited to, reproduction, derivative works, modification, distribution, transmission, publication, display or performance.

Trademarks

Lambent Consulting, Lambent Outsourcing, Philippines BPO Maps, Lambent.co, Atelier Lumikha, Lumikha.co, and Lambent.co are trademarks or tradenames of Lambent Consulting. Trademarks may not be used or distributed by you without the prior written consent of Lambent Consulting. Any unauthorized use of Lambent Consulting is prohibited. Tradenames may not be used in connection with any product or service that does not belong to Lambent Consulting or in any manner that is likely to cause confusion among customers, or that demeans or discredits Lambent Consulting.

Site Usage

This site and/or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose that Lambent Consulting does not expressly permit. Lambent Consulting and its affiliates reserve the right to refuse service, and/or terminate accounts at its sole discretion, including, without limitation, if Lambent Consulting Solutions believes that customer conduct violates applicable law or is harmful to the interests of Lambent Consulting.

Program Term 

This Service Agreement is effective from the date listed on the Statement of Work (SoW) as the start date and continues for one year from that date. This period is the initial term. 

Either party can terminate this agreement by emailing notice to the other party at least thirty days before the last day of the initial term.

Automatic Renewal

The SoW and the Service Agreement automatically renew for additional periods of one year, after the initial term.

How We Calculate Payment 

Each resource is billed for 32 hours/week multiplied by their hourly rate unless otherwise noted. Invoices are submitted monthly and denominated in USD.  

The hourly rate is calculated based on the complexity of the tasks you assign to a billable resource.  

Occasionally programs change. As schedules or task assignments change; we update your SoW to reflect these changes.  

The updates may have financial implications based on the complexity of the program or schedule updates that necessitate frequent overtime compensation for the people assigned to the program.   

Payment Schedule & Reconciliation

We invoice in advance of services rendered. When there is a discrepancy between the hours invoiced and the hours worked, the discrepancy will be credited on the following invoice. 

Overtime

When you require overtime beyond the scope of the SoW, you are obliged to pay for the overtime hours according to the following computation as mandated by the Philippines labor code:  

You are not required to pay overtime for the work schedule defined in the SoW. If the program schedule changes, this will be reflected in an updated SoW.

Annual Escalation for Tenured Staff

Because we take a long view of our program engagements employees bring significant value over time, we charge more for tenured staff according to the following escalation:

We apply the annual increase to the hourly rate on the anniversary of your assigned resource’s certification to the program.

Program Incentives 

Because back-office processes are more successful when we motivate your team with graduated incentives for the programs we manage. 

We develop these incentives during the first 30-60 after your program launches. The incentives vary so we like to understand your program thoroughly before we propose an incentive plan.  

Together, we devise incentive plans to reach your objectives and to maximize the program’s value. The incentives are included in the monthly invoice, subject to approval.  

Additional Fees

You agree to pay for any reasonable and actual business expenditure incurred by us at your direction. These might include, for example, third party, licensed software, telecommunications charges, web hosting, domains and privacy, or specialized computer hardware. 

Pre-termination

Either party may terminate this Agreement by giving at least thirty (30) days’ written notification.

Non-payment

Should you fail to pay the compensation defined in the accompanying SoW that is not the subject of a good faith dispute within thirty (30) days of the date due, we may terminate this agreement and the associated SoW.

Business Conduct

We both agree to conduct our businesses and operations to maintain and increase the goodwill and reputation of all. Any violation of this may constitute a ground for termination of this agreement.

Confidentiality

Both organizations, their employees, or any person acting for either organization will not disclose any information obtained in the course of our business relationship unless specifically authorized by the relevant parties. 

This obligation of confidentiality shall survive the termination of this agreement.  

Non-competition

We both agree not to contract with the clients or direct competitors without written consent for the duration of our business relationship and for a period of one year after our business relationship concludes — unless the client or competitor relationship predates the Agreement. 

N​on–solicitation

You agree not to solicit, induce, or encourage directly or indirectly any of our employees to leave the company while this Agreement is in effect and for one year after the date of completion of the Agreement.  

Non-binding Clause

You have no authority to bind Lambent by any promise or representation unless specifically authorized in writing by Lambent 

Mutual Marketing Provision

Unless otherwise stated each party may use non-confidential information for marketing purposes.

Notice 

Notices will be handled by email and are understood to be delivered upon email reply via from the recipient or confirmed by third-party software. 

Force Majeure 

Neither party shall be liable for the delay or failure of performance caused by force majeure such as fire, explosion, accident, strike or other similar acts of God. This Agreement will be suspended for the duration of the event and resume when force majeure has ceased.