Terms of Service

Introduction

This Terms of Service is binding between you (the "Client") and Dual Information Technology Services (the "Company" or simply "Dual"), and shall be considered binding and inviolable for the duration of your contract(s) with Dual. These terms may only be deemed ineffective if and only if there are no active contract(s) between you and Dual.

These terms may change at any time, with or without notice.

Acceptable Usage Policy

Dual aims to comply with international and local laws (Philippine laws, and laws of the land where your services are hosted in cases of cloud services). We will work with authorities should we find any suspicious and/or illegal activity with the usage of your service(s) with us.

We do not tolerate illegal content and/or software that negatively affects the experience of other clients, including but not limited to the following:

  • Pirated software, warez
  • Content copied without permission/license to use
  • Harmful bots (DDoS bots, CPU hogs, and the like)
  • In cases of shared environments, activities that use up an abnormally huge amount of resources that hamper the experience of other clients sharing resources
    • We will do our best to notify you immediately and prevent a suspension if the activity is simply due to a spike or uncontrolled event, but this is not guaranteed
    • Blatant/intentional abuse will result in immediate suspension/termination with no claims to a refund or compensation of any kind
  • Inbound/Outbound DDoS Attacks
  • Phishing Schemes
  • Pyramid Schemes
  • Excessive Resource Usage
  • Unsolicited Email Spam

DMCA notices are forwarded to you upon receipt, which should be acted upon within 24 hours. Failure to respond to DMCA notices may result into a suspension, or closing.

If your actions have resulted into the blacklisting of our network in RBLs and other spam databases, your service will immediately be terminated and your actions will be recorded in FraudRecord.

Using fraudlent and/or incorrect information upon signing up will result in your account being banned and closed without appeal and with no possible claim for backups or refunds. In addition, your record will be added to FraudRecord.

If your account has been found to have violated this acceptable usage policy, your account may be closed without appeal, and all claims to backups and refunds will be considered void.

Billing Policy

Orders are expected to be paid within two (2) working days, otherwise they will be automatically cancelled. In cases of stock-limited services, once an order has been cancelled due to non-payment, it is released back into the service pool, available for purchase by other clients. In order to guarantee your service, it must be paid within the allowed time frame.

For all services, there is no refund allowed and all sales are treated as final, as most of our services are resource utilization-based and your payment will be used by the Company to provision your services.

Opening disputes with payment gateways will result in the cancellation of ALL your services with us, as well as a record of your actions in FraudRecord. You will also be banned from ordering our services in the future.

Please ensure that subscriptions are properly cancelled when cancelling (or letting a service terminate by non-payment) a service with us. Any credits that are automatically debited from your account are NON-REFUNDABLE. You may use these credits from within the client area to purchase new services, but you will not be refunded in any form whatsoever. Your subscriptions are your own responsibility.

Service Level Agreement

For cloud hosting services, we issue SLA credits should your service be interrupted by unplanned events such as power outages, network outages and the like. SLA credits are not issued for planned events.

Service Level Agreements for custom development and other services vary, and are placed in your service contract.

Credit issuance is based on the total number of interruption hours pro-rated to your bill. We calculate outages based on our internal service monitors. We do not accept any other form of claim. SLA claims must be done through our support portal by submitting a claim ticket to the Sales & Billing department.

SLA Credits are issued to your account as funds you can use to pay for existing services or purchase new services. SLA Credits are non-convertible and non-transferrable.

Privacy Policy

We do our best to ensure that your personal data is safely stored in our database. Dual is outside the European Union and does not have to, however maximizes its efforts to be GDPR-compliant. Your rights as a consumer are respected, and you may request for your personal data to be deleted from our databases, as long as there is no active service linked to your account.

Dual is compliant with the Philippine Data Privacy Act of 2012.

We may, however, keep past records of invoices and other information in our databases for accounting purposes. Your personal data, however, may be removed upon your request.

In the event of acquisitions, we will do our best to inform all of our clients and advise them on how to move forward. We will not willingly disclose your information to third-parties without your consent.