Terms of Service

These Terms of Service ("Terms") govern your access to and use of services provided by Dual Information Technology Services ("Dual IT Services", "Dual", "Company", "we", "us", or "our"), a business operating under the laws of the Republic of the Philippines. By accessing or using our services, you agree to be bound by these Terms and all applicable laws and regulations.

1. Agreement to Terms

By ordering, accessing, or using any services provided by Dual Information Technology Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and Dual Information Technology Services under Philippine law, specifically governed by the Civil Code of the Philippines, the Electronic Commerce Act (Republic Act No. 8792), and the Data Privacy Act of 2012 (Republic Act No. 10173).

2. Services

Dual Information Technology Services provides software development, cloud hosting, and domain registration services. The specific terms applicable to each service type are as follows:

• Software Development: Custom software solutions delivered according to agreed specifications and timelines
• Cloud Hosting: Infrastructure and hosting services subject to the jurisdiction where servers are physically located
• Domain Registration: Domain name registration and management services through accredited registrars

For cloud hosting services, you acknowledge that the service may be hosted in jurisdictions outside the Philippines and agree to comply with both Philippine law and the laws of the jurisdiction where the service is hosted.

3. Orders and Payment

3.1 Payment Terms

All orders must be paid within two (2) working days from the date of invoice issuance. Working days are defined as Monday through Friday, excluding Philippine national holidays. Orders not paid within this timeframe will be automatically cancelled without notice.

3.2 Sales are Final

All sales are final. We do not offer refunds for any services, including but not limited to:

• Hosting services (monthly, quarterly, or annual subscriptions)
• Domain registrations or renewals
• Software development projects (upon delivery of agreed milestones)
• Setup fees or installation charges
• Any other service fees

By placing an order, you acknowledge and accept this no-refund policy.

3.3 Payment Disputes

Initiating a payment dispute, chargeback, or any form of payment reversal will result in:

• Immediate termination of all services associated with your account
• Recording of the dispute in FraudRecord (a fraud prevention database)
• Permanent ban from ordering any services from Dual in the future
• Potential legal action to recover disputed amounts and associated costs

If you have concerns about a charge, you must contact us directly before initiating any dispute with your payment provider.

4. Service Level Agreement (SLA)

4.1 SLA Credits

SLA credits may be provided for unexpected, unannounced downtime affecting cloud hosting services. To be eligible for SLA credits:

• The downtime must be unexpected and not the result of scheduled maintenance
• You must open a support ticket within seven (7) days of the downtime incident
• The downtime must be verified by our monitoring systems

4.2 Credit Discretion

All SLA credit decisions are at the sole discretion of Dual Information Technology Services. We reserve the right to:

• Determine the amount of credit, if any, to be issued
• Deny SLA credit claims that do not meet our criteria
• Issue credits as account balance rather than monetary refunds

SLA credits are not cash refunds and can only be applied toward future services with Dual Information Technology Services.

4.3 Exclusions

SLA credits do not apply to downtime caused by:

• Scheduled maintenance (with or without notice)
• Actions or inactions by the customer
• Third-party services or infrastructure failures
• Force majeure events
• DDoS attacks or other malicious activities
• Network or hardware failures beyond our control

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree not to use our services for any of the following prohibited activities:

• Illegal Activities: Any activity that violates Philippine law or the laws of the jurisdiction where services are hosted
• Spam and Unsolicited Communications: Sending unsolicited bulk emails, spam, or violating the Anti-Spam Act of the Philippines
• Malware and Malicious Code: Distributing viruses, malware, ransomware, or other harmful software
• Hacking and Unauthorized Access: Attempting to gain unauthorized access to systems, networks, or data
• Child Exploitation: Any content or activity related to child abuse or exploitation (per RA 9775 - Anti-Child Pornography Act)
• Copyright Infringement: Hosting or distributing pirated software, media, or content that violates intellectual property rights
• Phishing and Fraud: Creating or hosting phishing sites, scam operations, or fraudulent schemes
• Network Abuse: Port scanning, DDoS attacks, or activities that compromise network security
• Resource Abuse: Excessive resource consumption that impacts other users' services
• Cryptocurrency Mining: Using shared hosting resources for cryptocurrency mining without explicit authorization
• Adult Content: Hosting pornographic or adult content on shared hosting environments (dedicated services may be approved)
• Harassment and Hate Speech: Content that promotes violence, hatred, or harassment toward individuals or groups

5.2 Enforcement

Violation of this Acceptable Use Policy may result in:

• Immediate suspension of services without notice
• Termination of your account
• Removal of offending content
• Reporting to law enforcement authorities
• Legal action and pursuit of damages

5.3 Compliance Responsibility

You are solely responsible for ensuring that your use of our services complies with all applicable laws and regulations, including but not limited to the Data Privacy Act of 2012 (RA 10173), Cybercrime Prevention Act of 2012 (RA 10175), and any relevant international laws where your services are hosted or accessed.

6. Right to Deny Service

Dual Information Technology Services reserves the right to refuse or terminate service to any customer at any time for any reason. This includes, but is not limited to:

• Violation of these Terms of Service or Acceptable Use Policy
• Non-payment or late payment of invoices
• Abusive behavior toward our staff or other customers
• Fraudulent activity or providing false information
• High-risk activities that may jeopardize our infrastructure or reputation
• Any other reason deemed necessary at our sole discretion

In the event of service termination, no refunds will be provided for any unused portion of services.

7. Modifications to Terms

Dual Information Technology Services reserves the right to modify, update, or replace these Terms of Service at any time, with or without notice. Changes will be effective immediately upon posting to this page. The "Last Updated" date at the top of this page will be revised to reflect the most recent changes.

Your continued use of our services after any modifications constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically for changes.

8. Data Privacy

We are committed to protecting your personal data in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173) and its implementing rules and regulations. By using our services, you consent to the collection, processing, and storage of your personal information as necessary to provide services.

For cloud hosting services located outside the Philippines, your data may be subject to the privacy laws of the jurisdiction where the servers are located. We will make reasonable efforts to ensure appropriate data protection measures are in place.

9. Limitation of Liability

To the maximum extent permitted by Philippine law, Dual Information Technology Services shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions, data loss, or security breaches
• Actions of third parties or force majeure events

Our total liability to you for any claims arising from these Terms or our services shall not exceed the amount you paid to us in the three (3) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Dual Information Technology Services, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights
• Content you upload, host, or distribute through our services

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of the Philippines.

Prior to initiating any legal proceedings, parties agree to attempt resolution through good-faith negotiation for a period of thirty (30) days.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid under Philippine law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13. Contact Information

If you have any questions about these Terms of Service, please contact us: