General Terms and Conditions

1. Details of the Service Provider

The devduo.eu website (the Website) and the services presented on it are provided under the DEV DUO brand name by the following sole trader:

Name: József Tar, sole trader (egyéni vállalkozó)
Registered seat and postal address: Zápolya utca 16. 1. a., 2120 Dunakeszi, Hungary
Tax number: 91621728-1-33
Registration number: 61558557
Registering authority: Ministry of the Interior of Hungary, register of sole traders
E-mail: jozsef@devduo.eu, hajnalka@devduo.eu
Website: https://devduo.eu
Hosting provider: Vercel Inc. (440 N Barranca Ave #4133, Covina, CA 91723, United States)

DEV DUO is not a separate legal entity; it is a brand name used by the sole trader identified above. At the hajnalka@devduo.eu address shown on the Website, Hajnalka Maró acts as a contributor, in the name and on behalf of the Service Provider.

The Service Provider conducts its business in Hungarian. The language of contracts is Hungarian; this English version of the Terms is provided for information only, and in the event of any discrepancy the Hungarian text prevails.

2. Scope and Definitions

These General Terms and Conditions (the Terms) govern, on the one hand, the visiting and use of the Website and, on the other hand, the web development and related digital services provided by the Service Provider.

Client: the natural or legal person entering into a contract with the Service Provider for the provision of services. Consumer: a natural person acting outside the scope of their trade, independent occupation or business activity. Business: a person acting within the scope of their trade, independent occupation or business activity.

Agency engagement (white label cooperation): an engagement in which the Client is itself a service provider, typically a marketing or web agency, and the Service Provider's work forms part of a service delivered to the Client's own customer. End Client: the Client's customer for whom the work is ultimately intended. For agency engagements, Sections 4, 10, 15 and 19 contain differing or additional provisions.

Section 17 of these Terms applies exclusively to Clients qualifying as Consumers. Sole traders, companies and other organisations do not qualify as Consumers, and the benefits set out in that section do not apply to them.

The parties may depart from these Terms in a written individual contract. In the event of a discrepancy, the individual contract prevails; these Terms supplement the parties' agreement on matters not covered by it.

3. Use of the Website

The content of the Website is for information purposes and does not constitute a contractual offer under the Hungarian Civil Code. The Service Provider takes responsibility for the accuracy of the information published on the Website but reserves the right to amend it at any time.

All content on the Website – in particular texts, graphics, brand elements, logos, photographs and the source code of the Website – constitutes intellectual works of the Service Provider protected by copyright, or third-party content used with the appropriate rights. Any use of such content without the prior written consent of the Service Provider is prohibited, save for private, one-off viewing and quotation of customary extent with attribution.

The reference works presented appear on the Website with the consent of the clients concerned; the trademarks and brand elements shown are the property of those clients.

Visitors to the Website undertake not to use it for unlawful purposes, not to attempt to gain unauthorised access to the system, not to place malicious code on it, and not to load the system with automated requests beyond ordinary use.

The Website may contain external links. The Service Provider is not responsible for the content or data processing of the linked sites, as it has no control over them.

4. Scope of Services

The Service Provider offers in particular the following services. The subject matter and scope of each contract are determined in every case by the individual quotation.

• development of web applications and client portals, with authentication, permissions and admin interfaces
• system integration and custom API work, including connections to payment, invoicing, shipping, CRM and ERP systems
• further development of existing codebases, bug fixing and performance work
• development of corporate and multilingual websites
• technical operations, maintenance and availability
• providing development capacity under an agency (white label) cooperation
• consultancy on digital solutions

The Service Provider does not take on development inside WordPress or WooCommerce. It does take on a separate application or API layer built alongside an existing WordPress site. Graphic design is not among the Service Provider's services; in agency engagements, providing the design is the Client's responsibility.

5. Formation of the Contract

Services cannot be ordered directly through the Website. Completing the contact form or sending an e-mail constitutes a request for a quotation and does not create a contract.

On the basis of the request, and following further discussion where necessary, the Service Provider issues a written quotation setting out the subject matter and scope of the service, the fee, the payment schedule and the expected deadline. The quotation is valid for the period stated in it, or, failing that, for 30 days from its issue.

The contract is concluded upon the Client's express written acceptance of the quotation. Statements made by the parties by e-mail are deemed to be in writing.

The Service Provider is entitled to refuse to issue a quotation or to enter into a contract without giving reasons, in particular for lack of capacity, or where the order would be unlawful or would harm the Service Provider's reputation.

6. Fees and Payment Terms

The fee for the service is set out in the accepted quotation in every case.

The Service Provider has opted for the personal exemption from value added tax under Chapter XIII of Hungarian Act CXXVII of 2007 on Value Added Tax, and therefore does not charge VAT on its services. The amounts stated in the quotation and on the invoice are the final amounts actually payable and contain no VAT; invoices bear the notation Alanyi adómentes (AAM, VAT-exempt).

If the Service Provider's tax status changes – in particular if it becomes liable to charge VAT because the threshold for the personal exemption has been exceeded – it will inform the Client of this in writing and in advance. Invoices issued after the date of the change will include VAT at the rate then in force. This does not affect the fee set out in a quotation already accepted.

The Service Provider may request an advance payment of up to 50% of the fee upon conclusion of the contract, and begins work once the advance has been received. Unless agreed otherwise, the remaining fee is due upon handover. For longer projects the parties may agree on scheduled payments tied to partial performance.

Unless agreed otherwise, invoices are payable within 8 days of issue. Payment is made by bank transfer.

In the event of late payment the Service Provider is entitled to default interest under the Hungarian Civil Code. Where the Client is a Business, the rate of default interest is the central bank base rate in force on the first day of the calendar half-year affected by the delay, increased by eight percentage points, and the Service Provider is further entitled to the flat-rate recovery fee equivalent to EUR 40 under the applicable Hungarian act.

Where payment is more than 30 days overdue, the Service Provider is entitled to suspend work until the arrears are settled, having given the Client prior written notice. The Service Provider is not liable for delays resulting from such suspension.

Modifications and additional work requested by the Client after the quotation has been accepted are carried out for a separate fee, on the basis of prior written agreement.

7. Performance and the Client's Cooperation

The Service Provider performs the service by the deadline set out in the quotation, professionally and in accordance with the standards of the profession.

Performance is conditional on the Client's continuous cooperation. The Client must provide the necessary materials (texts, images, logo, brand elements, access credentials) in the agreed form and by the agreed deadline, and must give substantive feedback on the Service Provider's questions and on work in progress within a reasonable time, and in any event within 5 working days.

If the Client fulfils these obligations late, the deadline for performance is automatically extended by the period of the delay. The Service Provider is not liable for the resulting delay.

If the Client fails to give feedback for more than 30 days and does not respond to the Service Provider's written reminder, the Service Provider is entitled to suspend the project and to invoice the proportionate fee for the work performed up to that point. If the project is resumed, the Service Provider reschedules the work according to its then-current capacity.

The Client warrants that it is entitled to use the materials it supplies and that these do not infringe the rights of third parties. The Client is liable for any claims arising from content to the contrary and shall indemnify the Service Provider against such claims.

8. Handover and Acceptance

The Service Provider hands over the completed work in writing for testing. The Client must examine it within 8 days of handover and report any defects or omissions in writing, item by item.

If the Client raises no objection within this period, or puts the completed work into live use, performance is deemed accepted.

The Service Provider remedies reported defects falling within the subject matter of the contract free of charge. Modifications going beyond the original order and formulated as new requirements do not constitute defects and are treated as additional work under Section 6.

9. Copyright and Licence

Works created by the Service Provider – in particular source code, graphic designs and brand elements – are protected under Hungarian Act LXXVI of 1999 on Copyright. The author's moral rights are inalienable and do not transfer.

Upon payment in full of the entire fee due under the contract, the Client acquires an indefinite licence, without territorial restriction, to use the completed work for the purpose set out in the contract. Until the fee is paid, no licence passes; for that period the Service Provider grants a revocable, temporary right of use for the purposes of testing and approval.

Where the parties expressly so agree, the Service Provider may assign the economic rights in the software in full and on an exclusive basis to the Client; this requires an express stipulation to that effect in the individual contract and payment of the fee specified therein.

The completed work may contain third-party components (open-source libraries, fonts, stock photographs, plugins). These are governed by the licence terms of the relevant rightholder, which the Client must observe. The Service Provider provides a list of the components used on request.

The Service Provider reserves the right to reuse in other projects the general technical solutions, frameworks and reusable code fragments employed in the works it creates, provided that these do not contain the Client's individual content, branding or business secrets.

10. Use as a Reference

For direct engagements, the Service Provider is entitled to present the completed work as a reference on its Website, in its portfolio and on its professional social media channels, using the Client's name, logo and images of the work. The Client may prohibit or withdraw this right at any time in writing and without giving reasons, in which case the Service Provider removes the reference within a reasonable time.

For agency engagements the opposite rule applies. Without the Client's prior written consent, the Service Provider does not present such work as a reference on its Website, in its portfolio or on its professional social media channels, and does not name the Client or the End Client. The absence of consent is the default position; the Client does not have to request it.

In work delivered under an agency engagement, the Service Provider places no marking indicating its own involvement, in particular no built by line or equivalent reference in the footer, in the source code or in the metadata.

11. Third-Party Services

Performance of the service may require the use of third-party services, in particular domain registration, hosting, e-mail services, payment services or paid software licences.

Unless agreed otherwise, the fees for these are not included in the Service Provider's fee and are borne by the Client. The Service Provider recommends suitable providers, but the availability, quality and data processing of the service concerned are the responsibility of the third party in question.

The Service Provider recommends that the domain and hosting be registered in the Client's own name. Where these are managed by the Service Provider at the Client's request, the access credentials are handed over to the Client on request upon termination of the contract.

12. Warranty and Defective Performance

The Service Provider performs defectively if, at the time of performance, the service does not meet the requirements set out in the contract or in legislation.

For 6 months from handover, the Service Provider remedies free of charge any operational defects attributable to it in the solution it has created. This obligation does not extend to defects caused by modification by the Client or a third party, by improper use, by a change in or discontinuation of a third-party service, by the Client's failure to update the runtime environment or the components used, or by external attack.

The Service Provider does not warrant that the service will operate without interruption or error on every possible device and browser; the range of supported browsers and devices is set out in the quotation. The Service Provider gives no guarantee as to business results, any particular search engine ranking or any specific number of visitors.

The limitation period for warranty claims is determined by the Hungarian Civil Code: 2 years from performance where the Client is a Consumer, and 1 year otherwise.

13. Maintenance and Support

Maintenance and technical support are not part of the base service and are provided on the basis of a separate agreement, for a separate fee.

In the absence of a maintenance agreement, the Service Provider is not liable for defects arising after handover from the obsolescence of the components used, from the absence of their security updates, or from changes in the runtime environment.

The Service Provider responds to support requests on working days, during business hours, within a reasonable time. Specific response times can be set only in a separate maintenance agreement.

14. Liability

The Service Provider is liable for damage caused by breach of contract in accordance with the Hungarian Civil Code.

Where the Client is a Business, the Service Provider's liability for damages is capped at the amount of the fee actually paid by the Client under the contract concerned. Where the Client is a Business, the Service Provider is not liable for loss of profit, loss of business opportunity, damage to reputation or other consequential loss.

The limitations in this Section do not apply to liability for breach of contract caused intentionally, or causing damage to human life, physical integrity or health; the Service Provider neither excludes nor limits such liability. As against a Consumer Client, the Service Provider does not limit its liability under the second paragraph of this Section, even to the extent permitted by law.

The Service Provider is not liable for the loss of the Client's data where responsibility for backups lies with the Client or with the hosting provider chosen by the Client.

Subject to the exceptions above, the Service Provider accepts no liability for damage arising from the mere visiting of the Website.

15. Confidentiality

The parties must keep confidential any business secret or confidential information that comes to their knowledge in the course of performing the contract, must not disclose it to third parties, and must not use it for their own purposes other than for the performance of the contract.

The obligation of confidentiality survives termination of the contract, without time limit, for as long as the information concerned qualifies as a business secret.

For agency engagements, the Service Provider signs a separate non-disclosure agreement with the Client before work starts. If the Client does not provide its own template, the Service Provider supplies one. The Client does not have to ask for this separately.

For agency engagements, the Service Provider has no direct contact with the End Client. All communication goes through the Client, unless the Client directs otherwise in writing.

During the cooperation and after it, the Service Provider will not approach the End Client on its own initiative with an offer of its own services in respect of the subject matter of the cooperation. This does not prevent the Service Provider from responding to an enquiry the End Client makes on its own initiative; in such a case the Service Provider informs the Client without delay.

Presentation as a reference where permitted under Section 10 does not constitute a breach of confidentiality, nor does disclosure of information required by law or by a decision of an authority.

16. Termination of the Contract

A contract concluded for a fixed term or for a defined task terminates upon performance.

The parties may terminate the contract by mutual agreement at any time. The Client may terminate the contract at any time; in that case the Client must pay the proportionate fee for the work performed up to termination, together with any non-refundable costs already committed by the Service Provider towards third parties.

Either party may terminate the contract with immediate effect if the other party commits a material breach and fails to remedy it despite written notice, within the period specified in that notice, which must be at least 15 days.

Termination of the contract does not affect licences already acquired against payment of the fee, nor the obligation of confidentiality.

This Section is without prejudice to a Consumer's right of withdrawal under Section 17.

17. Special Provisions for Consumers

This Section applies exclusively to Clients qualifying as Consumers. As contracts are typically concluded at a distance, by electronic means, Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses applies to them.

Right of withdrawal: the Consumer may withdraw from the contract without giving reasons within 14 days of its conclusion. The Consumer may exercise this right by a clear statement to that effect sent to the Service Provider's e-mail or postal address given in Section 1. The deadline is met if the Consumer sends the statement before the 14th day expires.

Commencement of performance within the withdrawal period: if the Consumer expressly requests that the Service Provider begin performance before the withdrawal period expires, and the Service Provider records that request in writing, then on withdrawal the Consumer must reimburse the Service Provider for the value of the services proportionately performed up to the communication of the withdrawal.

Loss of the right of withdrawal: under Section 29(1)(a) of Government Decree 45/2014 (II. 26.), the Consumer may not exercise the right of withdrawal after the service has been performed in full, where performance began with the Consumer's express prior consent and the Consumer acknowledged that they would lose the right of withdrawal once the service had been performed in full. The Service Provider informs the Consumer of this separately and in writing upon conclusion of the contract.

Settlement: on withdrawal, the Service Provider refunds the amount paid by the Consumer, less the proportionate fee, without delay and in any event within 14 days, using the same means of payment as that used by the Consumer.

As against a Consumer Client, the Service Provider neither excludes nor limits the warranty and damages liability mandatorily prescribed by law. No provision of these Terms may be interpreted as depriving the Consumer of rights conferred on them by law.

18. Complaints and Remedies

The Client may submit complaints concerning the service to the Service Provider's e-mail or postal address given in Section 1. The Service Provider investigates the complaint and provides a reasoned written response within 30 days.

If the complaint is rejected, a Consumer Client may turn to the following forums:

Conciliation board (for disputes concerning the quality and performance of the contract; the procedure is free of charge):
Pest County Conciliation Board (Pest Vármegyei Békéltető Testület)
Address: Balassi Bálint utca 25. IV/2, 1055 Budapest, Hungary
Postal address: 1364 Budapest, Pf. 81, Hungary
E-mail: pmbekelteto@pmkik.hu
The Consumer may also turn to the conciliation board competent for their place of residence or stay. The Service Provider is under a duty to cooperate in conciliation board proceedings.

Consumer protection authority: consumer protection functions are carried out by the metropolitan and county government offices. Contact details for the competent office are available at https://www.kormanyhivatalok.hu.

The Client may also enforce its claims before the courts. Disputes fall to be decided by the court having jurisdiction and competence under the Hungarian Code of Civil Procedure.

19. Data Processing

The Service Provider processes personal data coming to its knowledge in the course of performing the contract in accordance with applicable data protection law. The details of the processing – the identity of the controller, the categories of data, the purposes, the legal bases, the retention periods, the processors engaged and the rights of data subjects – are set out in the Privacy Policy available on the Website, which forms an integral annex to these Terms.

20. Force Majeure and Amendment of the Terms

Neither party is liable for failure to perform the contract where this is caused by an unforeseeable and unavoidable external cause beyond its control (in particular natural disaster, war, epidemic, official measure, prolonged loss of internet or power, or prolonged failure of a third-party service). The affected party must notify the other party without delay.

The Service Provider is entitled to amend these Terms unilaterally. An amendment takes effect upon publication on the Website and applies only to contracts concluded after it takes effect. Contracts already concluded and in progress remain governed by the Terms in force at the time of their conclusion, unless the parties agree otherwise in writing.

The Terms in force at any given time are continuously available on the Website, showing the date from which they apply.

21. Governing Law and Final Provisions

These Terms and the contracts concluded by the Service Provider are governed by Hungarian law, in particular Act V of 2013 on the Civil Code, Act LXXVI of 1999 on Copyright, and Act CVIII of 2001 on Electronic Commerce Services.

If any provision of these Terms proves to be invalid, this does not affect the validity of the remaining provisions; the invalid provision is replaced by the valid provision closest to it in substance.

The Service Provider has not subjected itself to any code of conduct.

22. Contact

For any question relating to these Terms, for a request for a quotation, or to submit a complaint, please contact us at:
József Tar, sole trader
Zápolya utca 16. 1. a., 2120 Dunakeszi, Hungary
E-mail: jozsef@devduo.eu, hajnalka@devduo.eu