Terms of Service

Duality provides digital services including, but not limited to:

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  Website and web application development

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  UI/UX and interface design

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  Branding and visual design

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  Front-end and back-end development

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  Software development

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  Website maintenance and updates

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  Performance and technical optimization

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  Hosting and deployment assistance

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  Other digital services agreed upon between Duality and the Client

The exact scope of each project will be defined through a written quotation, proposal, invoice, project specification, or other written agreement.

Any work not explicitly included in the agreed scope may be treated as additional work and may incur additional charges.

Before work begins, Duality may provide the Client with a project proposal or quotation describing the agreed services, estimated timeline, pricing, deliverables, and other relevant conditions.

A project becomes confirmed when the Client:

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  Accepts the proposal or quotation;

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  Pays any required deposit or initial payment; or

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  Otherwise provides written confirmation to proceed.

Once a project has been confirmed, these Terms form part of the agreement between Duality and the Client.

All prices are provided in the currency stated in the applicable quotation or invoice.

Unless otherwise agreed in writing:

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  A deposit may be required before work begins.

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  Remaining balances must be paid according to the payment schedule specified in the project agreement.

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  Additional work outside the agreed scope may be billed separately.

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  Third-party costs, including hosting, domains, APIs, fonts, software licenses, plugins, and other external services, are not included unless explicitly stated.

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  Taxes, including VAT where applicable, may be added to the quoted price.

Invoices are payable by the due date specified on the invoice.

Duality reserves the right to pause work on projects with overdue payments.

Where a deposit is required, the deposit reserves development or design capacity for the Client's project and allows Duality to begin work.

Unless otherwise required by applicable law or expressly agreed otherwise in writing, deposits are non-refundable once work on the project has commenced.

If a project is cancelled before work begins, the refundability of the deposit will depend on the terms of the applicable quotation or agreement.

Duality will perform the services specifically described in the agreed project scope.

Requests that materially change the original requirements, functionality, design, number of pages, integrations, technical architecture, or deliverables may constitute additional work.

Additional work may require:

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  A revised quotation;

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  Additional payment;

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  An updated deadline; or

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  A separate agreement.

Duality is not obligated to perform work outside the agreed scope without approval from both parties.

The number of included revisions, where applicable, will be specified in the project agreement.

A revision means a reasonable modification to an existing deliverable within the original agreed scope.

A revision does not include:

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  Completely redesigning an approved concept;

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  Adding new pages or features;

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  Changing previously approved requirements;

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  Replacing the original concept with a substantially different one; or

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  Work resulting from new requirements introduced after approval.

Additional revisions or changes may be charged separately.

The Client agrees to provide all information, content, assets, credentials, approvals, and feedback reasonably required for the project.

This may include:

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  Logos and branding materials;

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  Text and written content;

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  Images and other media;

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  Account or hosting credentials;

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  Technical requirements;

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  Business information;

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  Legal notices or policies;

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  Feedback and approvals.

The Client is responsible for ensuring that any content or materials supplied to Duality may legally be used for the intended purpose.

Delays caused by missing information, delayed feedback, unavailable credentials, or delayed approvals may extend the project timeline.

The Client is responsible for reviewing deliverables and providing timely feedback.

Where a Client approves a design, feature, milestone, or deliverable, subsequent changes to that approved work may be treated as additional work.

Duality may consider a project milestone approved where the Client has explicitly confirmed approval in writing.

Any project timeline provided by Duality is an estimate unless a fixed deadline has been explicitly agreed upon in writing.

Timelines may be affected by:

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  Client delays;

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  Scope changes;

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  Third-party services;

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  Technical issues;

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  Hosting or infrastructure problems;

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  Unforeseen development requirements; or

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  Circumstances outside Duality's reasonable control.

Duality will make reasonable efforts to meet agreed deadlines but does not guarantee completion by an estimated date.

Either party may request termination of a project.

If the Client cancels a project after work has commenced, the Client remains responsible for payment for work already completed and any approved non-refundable third-party expenses.

Duality may suspend or terminate services where:

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  Payments remain overdue;

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  The Client repeatedly fails to provide required information or feedback;

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  The Client requests unlawful or abusive work;

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  The Client materially breaches these Terms; or

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  Continuing the project would create unreasonable technical, legal, or operational risk.

Termination does not remove any payment obligations that arose before termination.

Unless otherwise agreed in writing, ownership of the final custom deliverables created specifically for the Client will transfer to the Client once all amounts owed to Duality for the relevant project have been paid in full.

Until full payment has been received, Duality retains ownership of the relevant work and grants no unrestricted right to use, distribute, or commercially exploit unpaid deliverables.

The transfer of ownership does not automatically include:

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  Third-party software;

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  Open-source software;

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  Libraries and frameworks;

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  Fonts;

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  Stock assets;

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  Plugins;

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  Templates;

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  APIs;

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  External services; or

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  Other materials subject to separate licenses.

Such components remain subject to their respective licenses and terms.

Where source code is part of the agreed deliverables, it may be provided to the Client after the applicable project balance has been paid in full.

Duality may retain copies of source code and project materials for legitimate business, maintenance, security, backup, and record-keeping purposes.

Unless explicitly agreed otherwise, Duality does not guarantee that source code will be compatible with future versions of third-party software, operating systems, frameworks, APIs, or hosting environments.

Projects may rely on services operated by third parties, including but not limited to:

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  Hosting providers;

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  Domain registrars;

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  Cloud platforms;

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  Payment providers;

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  Analytics platforms;

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  APIs;

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  Authentication providers;

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  Database providers;

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  Software libraries;

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  AI services; and

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  Content delivery networks.

Duality is not responsible for outages, price changes, policy changes, account suspensions, security incidents, or other failures caused by third-party providers.

The Client is responsible for maintaining paid third-party subscriptions unless otherwise agreed.

Unless explicitly included in the project agreement, hosting, domain registration, ongoing maintenance, monitoring, updates, backups, and technical support are not included in the initial development fee.

Where Duality provides ongoing maintenance or hosting services, those services may be subject to separate pricing and terms.

Duality will take reasonable technical measures to develop and deliver secure software within the agreed scope.

However, no website, application, infrastructure, or software system can be guaranteed to be completely secure.

The Client is responsible for maintaining the security of accounts, passwords, credentials, administrative access, and third-party services under their control.

The Client must notify Duality promptly if they become aware of a suspected security vulnerability affecting a Duality-developed system.

The Client retains responsibility for content, data, images, text, trademarks, documents, and other materials supplied to Duality.

The Client represents that they have the necessary rights, permissions, and licenses to use such materials.

The Client is solely responsible for ensuring that its website, application, business practices, content, privacy notices, cookie practices, and other materials comply with applicable laws and regulations.

Unless explicitly agreed otherwise, Duality does not provide legal, tax, accounting, or regulatory advice.

Duality will make reasonable efforts to ensure that deliverables substantially conform to the agreed project requirements.

Where a defect is caused by Duality's work and falls within the agreed scope, Duality may, at its discretion, correct the defect without additional charge.

This does not include problems caused by:

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  Client modifications;

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  Third-party modifications;

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  Changes to hosting environments;

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  Changes to APIs or external services;

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  Unsupported software versions;

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  Incorrect Client configuration;

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  Misuse of the deliverable; or

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  Requirements that were not included in the original scope.

Unless the Client expressly requests otherwise in writing, Duality may display completed work in its portfolio, website, social media, case studies, presentations, or other promotional materials.

Duality will not intentionally disclose confidential information that is not publicly available.

If a project is subject to a confidentiality agreement, the confidentiality agreement takes precedence over this section.

Both parties agree to treat confidential information received from the other party as confidential and to use such information only for purposes related to the project.

Confidential information does not include information that:

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  Is publicly available;

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  Was already lawfully known;

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  Is independently developed;

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  Is lawfully received from another source; or

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  Must be disclosed by law or legal authority.

These confidentiality obligations survive termination of the project.

To the maximum extent permitted by applicable law, Duality will not be liable for indirect, incidental, consequential, special, or unforeseeable losses arising from the use or inability to use a delivered product or service.

This may include loss of profits, revenue, business opportunities, data, or reputation.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Duality will not be responsible for delays or failures caused by circumstances reasonably outside its control.

Such circumstances may include:

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  Internet or infrastructure failures;

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  Hosting outages;

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  Natural disasters;

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  Cyberattacks;

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  Government actions;

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  Widespread service outages;

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  War or civil unrest;

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  Strikes;

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  Serious technical failures; or

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  Other unforeseeable events beyond reasonable control.

Duality operates as an independent service provider.

Nothing in these Terms creates a partnership, employment relationship, agency relationship, joint venture, or other relationship between Duality and the Client unless expressly agreed in writing.

Duality may update these Terms from time to time.

The version applicable to a project will generally be the version accepted by the Client when the project is confirmed, unless a later change is required by law or expressly agreed between the parties.

These Terms are governed by the laws of Portugal, unless otherwise required by applicable mandatory law.

Any disputes will be subject to the jurisdiction of the competent courts in Portugal, without prejudice to any mandatory consumer protection rights or alternative dispute-resolution mechanisms applicable to the Client.

Nothing in these Terms is intended to exclude or restrict mandatory rights granted to consumers under applicable Portuguese or European Union law.

Where the Client qualifies as a consumer, mandatory consumer protection legislation will apply where required.

These Terms, together with the applicable quotation, proposal, statement of work, invoice, and any other written agreement expressly incorporated into the project, constitute the agreement between Duality and the Client concerning the relevant services.

If there is a conflict between these Terms and a specific written project agreement, the specific project agreement will prevail to the extent of the conflict.

For questions regarding these Terms or Duality's services, contact:

Duality

Website: www.duality-pt.dev

Email: hello@duality-pt.dev