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These Terms and Conditions shall apply to all services offered and rendered by TDM Web Solutions, which are delivered entirely or partially to the Client. TDM Web Solutions & the Client shall be governed by these Terms and Conditions.
In these Terms and Conditions, the following definitions are applicable:
“Client” means the “organization”, “company”, “individual”, “person” or “persons” with whom the Contract is entered into;
“Confidential Information” means any information that is disclosed by the Client to TDM Web Solutions and by TDM Web Solutions to the Client, respectively, either directly or indirectly. Confidential Information may include, by way of example but without limitation to
(i) Name;
(ii) Email;
(iii) Phone number;
(iv) Business address;
(v) Potential budget;
(vi) Passwords;
“TDM Web Solutions” means “operator”, “we”, “us”, “our”, “employee”, “consultants” or any “third party”, “contractor”, or “entity”;
“Third Party” means any “company”, “business”, or “individual” contracted by TDM Web Solutions to perform tasks and or projects within a specific timeframe;
“Contractor” means any “company”, “business”, or “individual” who is contracted under TDM Web Solutions to perform services that are outlined in an Engagement in a specific timeframe.
“Entity” means a “company”, “business” or “individual” who is governed under TDM Web Solutions Terms & Conditions, whereas TDM Web Solutions acts as the parent company and the “company”, “business”, or “individual” acts as the subsidiary;
“Consultation” means a free no-obligation meeting that TDM Web Solutions and the Client have agreed to through phone, email, booking portal or any other mean of communication during a specified date and time in goodwill in accordance to the provisions below;
(i) TDM Web Solutions reserves the right to postpone, change, cancel, or alter meetings, consultations or collaborative sessions;
(ii) TDM Web Solutions requests that the Client shall should notify us within 24 hours of a meeting cancellation or change;
“Contract” or "Proposal" means a legally enforceable agreement between the Client and TDM Web Solutions which defines the scope of work and services to be rendered by TDM Web Solutions, as well as the fee schedule for the said services. More specifically, the Contract shall consist of the Purchase Order, these Terms and Conditions and any other documents or parts thereof specified in the Purchase Order;
“The Engagement” means any services agreed upon to be rendered by TDM Web Solutions in exchange for a fee;
“An Estimate” means any written fee schedule for services thought or agreed to be rendered by TDM Web Solutions. The final estimate will be signed by both parties and will be held in accordance to the Engagement, Purchase Order, these General Terms & Conditions and any other additional terms;
“Invoice” means any written bill that arrives by mail, email or fax that outlines the fees to be paid to TDM Web Solutions for services rendered;
“Paid Invoice” or “Statement” means a written document that outlines that fees have been paid or has shown all the transactions between the Client and TDM Web Solutions;
“Project” means the services to be provided or rendered by TDM Web Solutions to the Client as specified in the Purchase Order, Contract or Engagement.
“Purchase Order” means the document
(i) Setting out the services to be provided by TDM Web Solutions to the Client;
(ii) Listing any associated fees;
"Basic Website Requirements" means a website domain, a website hosting plan, a ssl certificate, any security software, or customs emails. Note: We use GoDaddy as our primary domain registrar, all renewals will be governed under their Terms of renewal;
"Operational Partners" means any third party or third party software TDM Web Solutions uses;
"Deliverables" means any item, product, or service that is produced or provided by TDM Web Solutions as a result of a service or project. This includes anything that is delivered or provided to the client, such as a report, design, software code, or a digital or physical product;
2.1 These Terms and Conditions govern the provision of all interactions and services rendered from or on behalf of TDM Web Solutions to the Client and apply to all legal relationships between TDM Web Solutions and the Client.
2.2 These Terms and Conditions supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties and shall apply in preference to and supersede any and all terms and conditions of any order placed by the Client and any other terms and conditions submitted by the Client. Failure of TDM Web Solutions to object to terms and conditions set by the Client shall in no event be construed as an acceptance of any terms and conditions of the Client. Neither TDM Web Solutions commencement of performance nor TDM Web Solutions delivery of services shall be deemed or constituted as acceptance of any of the Client’s terms and conditions. Any communication or conduct of the Client which confirms an agreement for the provision of services by TDM Web Solutions, as well as acceptance by the Client of any provision of services from TDM Web Solutions shall constitute an unqualified acceptance by the Client of these Terms and Conditions.
2.3 By contracting based on these Terms and Conditions, the Client agrees to the applicability thereof in respect of future agreements between itself and TDM Web Solutions, even if this is not expressly stated.
2.4 By contracting based on General Terms and Conditions, the Client agrees to have full knowledge of these Terms and Conditions. Furthermore, the Client is not only agreeing to these Terms and Conditions, but also agreeing to future versions of this policy.
2.5 We may require you to sign separate contracts that outline additional terms and conditions specific to the services being provided. By working with us, you agree to comply with these General Terms and Conditions and any separate contracts that we may require you to sign. In case of any conflict between these General Terms and Conditions and any separate contract, the latter shall take precedence.
2.6 TDM Web Solutions may require the Client to provide a credit card to be kept on file. If payment is not received by the date agreed upon in the contract or invoice, TDM Web Solutions reserves the right to charge the credit card on file for any outstanding balances or fees owed. The Client agrees to promptly update TDM Web Solutions with any changes to the credit card information provided.
2.7 As a third-party consulting agency, TDM Web Solutions offers business consulting services aimed at assisting your business in optimizing workflows and pipelines. While we strive to provide valuable guidance and expertise, it is important to note that our involvement is not intended to encompass day-to-day operations, whether in a direct or indirect capacity. We work alongside your business as an independent consultant, offering recommendations, strategies, and support to enhance your operations. However, the ultimate responsibility for the implementation and management of these recommendations lies with your organization. We shall not be held liable for any outcomes resulting from the implementation or execution of our consulting advice. It is essential for your business to exercise judgment and discretion in adopting and adapting our recommendations to suit your specific circumstances and objectives.
3.1 TDM Web Solutions shall determine the manner in which and the person by whom the Engagement will be carried out, taking into account, as far as is feasible, the reasonable requests expressed by the Client.
3.2 TDM Web Solutions shall complete the Project with reasonable skill, care and diligence in accordance with the Contract or Engagement.
3.3 The Client hereby accepts that the time schedule allocated for the performance of an Engagement may be subject to change in case of an amendment to the Engagement and or the services to be provided thereunder after the conclusion of the Engagement.
3.4 In case of any change of circumstances under which the Engagement is to be performed which cannot be attributed to TDM Web Solutions, TDM Web Solutions may make any such amendments to the Engagement as it deems necessary to adhere to the agreed quality standard and specifications. Any costs arising from or related to this change of circumstances will be fully borne by the client.
3.5 TDM Web Solutions may, at its discretion and, where possible, in consultation with the Client, replace the person or persons charged with performing the Engagement, if and in so far as TDM Web Solutions believes that such replacement would benefit the performance of the Engagement.
3.6 TDM Web Solutions shall provide the Client with such reports of his or her work on the Project at such intervals and or upon request from the Client. The Client has the right to notify TDM Web Solutions that it wishes to modify its requirements in relation to the Project. Such modifications shall not enter into effect until the parties have agreed on the consequences thereof such as to the Contract fee and the completion date of the Project in accordance with a new Engagement offer or Estimate.
3.7 TDM Web Solutions reserves the right to use any images/videos from the production of your project for advertising and promotional purposes without any royalties and or agreements attached.
3.8 TDM Web Solutions reserves the right to add trademarks or watermarks (including text watermarks or image watermarks) without any royalties and or agreements to websites, graphics, or any other product that is produced by TDM Web Solutions.
3.9 TDM Web Solutions is not a brick and mortar service and do not aher to a 9 to 5 schedule. We reserve the right to alter our work schedule without notice.
3.10 TDM Web Solutions operates during regular business hours, which are Monday to Friday, excluding holidays. While we make every effort to schedule project work and communications around traditional non-business days like weekends, there may be times when it is necessary to send communications or schedule project work during the weekend. This may be done to avoid disruptions, scheduling conflicts, or in the event of payment issues.
3.11 TDM Web Solutions offers services and is not obligated to work on a single project basis. Meaning, you can not interfere with any other projects that are being performed during your performance of the project.
3.12 TDM Web Solutions is not, and does not, act as an employee to the client and therefore does not have to abide by any workplace practices or agreements.
3.13 TDM Web Solutions reserves the right to pause, postpone and cancel any work done by a third-party contractor that was brought on, hired, or contracted by TDM Web Solutions to complete a task and or project that the Contract or Engagement outlined to the Client.
3.14 TDM Web Solutions offers resume development services, but does not explicitly guarantee you a job or an employment opportunity at a company or such workplace.
3.15 All graphics that are distributed for approval are copyrighted property of TDM Web Solutions. Copies are not to be altered or redistributed without prior approval or permission from TDM Web Solutions. Watermarks will be removed upon complication of full payment.
3.16 If TDM Web Solutions does not receive all required documents and content from the client for the project, TDM Web Solutions reserves the right to delay or cancel the project. The client will be notified of the delay or cancellation in writing. If the client decides to proceed with the project after the delay, TDM Web Solutions may charge additional fees for the delay and the project timeline may be adjusted accordingly.
3.17 If any service provided by TDM Web Solutions includes printing, the customer acknowledges that any email containing graphics for review will be considered as final versions. It is the responsibility of the client to carefully proofread the graphics and ensure that the design is accurate. TDM Web Solutions will not be held responsible for any errors or misprints in the final product, as it reflects the content approved by the client. Any issues related to misprinting or errors must be brought to TDM Web Solutions attention within 24 hours of receipt of the final product. Refunds will not be provided for misprints or errors resulting from graphics approved by the client.
3.18 TDM Web Solutions reserves the right to provide services to any client unless otherwise agreed upon in a separate contract or agreement.
3.19 In situations where the client, engages in any actions or behaviors that disrupt or impede the progress of the project undertaken by TDM Web Solutions,TDM Web Solutions reserves the right to postpone or cancel work on the project without prior notice or liability. This includes instances where the Client provides incomplete or inaccurate information, makes unauthorized modifications to the project, continuously changes project requirements, fails to adhere to agreed-upon timelines, or engages in any other actions that hinder TDM Web Solution's ability to fulfill their obligations effectively. TDM Web Solutions acknowledges the importance of a cooperative and collaborative working relationship with the Client for project success. Therefore, if the Client's interference jeopardizes the smooth progress of the project or compromises TDM Web Solution's ability to deliver the desired outcomes, this clause may be invoked. The Client understands and accepts that any postponement or cancellation of work due to interference does not release them from their financial obligations, nor does it entitle them to any refunds or compensations. It is important for the Client to recognize that their interference may result in project delays, compromised deliverables, and overall project success. By engaging TDM Web Solutions for their project, the Client acknowledges and agrees to adhere to the terms of this interference clause, understanding that it fosters a productive working environment and enables TDM Web Solutions to deliver optimal results.
4.1 The Client shall at all times duly make available to TDM Web Solutions all information and documents that TDM Web Solutions deems necessary to be able to carry out the Engagement correctly, in the specified form and manner. Also, the Client shall provide all cooperation required for the proper and timely performance of the Engagement.
4.2 The Client shall duly inform TDM Web Solutions of any facts and circumstances that may be relevant in connection with the execution of the Engagement. Furthermore, the Client shall guarantee the correctness, completeness and reliability of any information provided to TDM Web Solutions.
4.3 The Client may not use and or advertise any temporary work, mock ups, or any trial work to the general public and or to their customers, including but not subject to
(i) Work on temporary domains.
(ii) Work with watermarks.
(iii) A mockup that was requested, that TDM Web Solutions has completed for review by the Client.
TDM Web Solutions, reserves the right to temporarily or indefinitely pause a project without notifying the Client. This may result in the cancellation of the Estimate or the Engagement.
5.1 The Client shall agree to pay any other fees that come after the consultation.
5.2 All fees are subject to be presented on an Estimate, Invoice or Fee Schedule in writing or other means.
5.3 All fees presented by TDM Web Solutions are not final and are subject to change in accordance to services thought to be rendered.
5.4 TDM Web Solutions reserves the right to alter fees and or pricing before, after and during the timeline of a project, both if new services are thought to be rendered or the Client wishes to change the Engagement.
5.5 TDM Web Solutions reserves the right to request a 25% or more non-refundable deposit in accordance to a signed estimate, and
(i) This fee is are not refundable if the Client wishes to cancel the project.
(ii) The amount that is paid upfront or as deposit will be subtracted from the final invoice or fee schedule distributed.
5.6 No invoice or fee schedule will be distributed if payable balance is equal to $0.
5.7 Payments are due no later than the due date that is outlined on a fee schedule or invoice.
5.8 Payments that are made after the due date are subject to a penalty of $15.00 a week.
5.9 Documents such as Paid Invoices or Statements are available upon request by email at accounting@tdmwebsolutions.com.
5.10 All fees and payments are accepted by E-Transfer (Electronic Funds Transfer), Bank to Bank, Certified Check or by Credit Card upon request with a 3.4% fee.
5.11 All payment inquiries including e-transfers shall be directed to payments@tdmwebsolutions.com.
5.12 A confirmation email will be sent out when funds are received.
5.13 In the case where a payment has failed and a refund or a new Invoice needs to be issued, a fee of $10.00 will be applied to the new Invoice amount.
5.14 Hourly rates are decided upon by the Consultant and does not necessarily reflect the pricing of TDM Web Solutions.
5.15 Should Invoices not be paid within a timely manner as discussed with TDM Web Solutions, all unpaid invoices will be forwarded to a collecting agency or a legal department. Please also refer to point 3.12.
5.16 TDM Web Solutions may also request full payment upfront for the "Basic Website Requirements".
5.17 We require full payment before artwork is distributed.
5.18 The validity of estimates shall be limited to seven (7) days following the date of distribution, unless otherwise stated.
5.19 Basic website requirements may be charged separate from the final fee that was on your Engagement or Invoice if not priorly owned before the Consultation with TDM Web Solutions. Should TDM Web Solutions need to pay for those basic website requirements, TDM Web Solutions may request a credit card [from the client] to compensate for those basic website requirements.
5.20 If basic website requirements are paid for by TDM Web Solutions [as a company], an invoice will be issued seven (7) days before the due date of the charge, conditions apply. The client has the obligation to notify TDM Web Solutions if they wish to cancel. If a client does not cancel, they are still required to pay for that basic website requirement. Note: the final invoice amount can fluctuate from invoice to invoice, as promotions may have been active at the time of the fees.
5.21 The client acknowledges that pricing for services may fluctuate due to changes in scope or project pricing, additional services, or unforeseen circumstances. TDM Web Solutions reserves the right to adjust pricing accordingly and will provide written notice of any changes to the client. The client agrees to pay any additional fees incurred as a result of pricing fluctuations.
5.22 Default payment terms are seven (7) days from the invoice issue date. If you require additional time or payment in multiple installments, please contact us to discuss payment terms.
5.23 Monthly Payment plans are offered and are subject to an Annual Percentage Rate (APR) of 0-30%, depending on the length of the payment plan selected. Late payments on monthly payment plans are subject to a fee of $60.00, which will be added to the total amount due. By Agreeing to a monthly payment plan, you agree to pay the agreed-upon amount plus any applicable interest and fees. *Interest will be charged on the outstanding balance.
5.24 In certain circumstances, we may need to call individuals or organizations on your behalf, and if long distance phone charges apply, we reserve the right to charge these fees to be reflected on your invoice. We will always inform you in advance if this is the case and seek your approval before making any such calls.
5.25 If the client purchases Basic Web Requirements from TDM Web Solutions and wishes to gain control, also known as transferring the item into the clients name, then an administrative fee may apply. The fee will be determined by TDM Web Solutions and communicated to the client prior to the transfer process. TDM Web Solutions reserves the right to decline the transfer of the item to the client if any outstanding fees or charges remain unpaid.
5.26 If you choose to make a payment using a credit card, you are responsible for paying the full invoice amount, which includes any associated transaction fees, please see 5.10. If you wish to exclude the transaction fee, please make your payment via E-transfer, following the guidelines outlined in Section 5.11 of these terms and conditions. Should you make a payment by credit card and subsequently decide not to cover the transaction fee as part of your invoice, we reserve the right to assess an accounting fee of $10.00. This fee will be charged to the same credit card used for the last notable payment. By making a credit card payment, you acknowledge and agree to these terms regarding transaction fees and associated charges. Please ensure you carefully review and comply with Section 5.11 for E-transfer payment instructions if you choose to exclude the transaction fee.
6.1 TDM Web Solutions shall keep secret and not disclose and shall procure that his employees keep secret and not disclose any Confidential Information obtained by him during the performance of the Project. The foregoing shall not apply to information which
(i) Is or becomes part of the public domain without fault on the part of TDM Web Solutions;
(ii) Was already known by TDM Web Solutions, other than under an obligation of confidentiality, at the time of disclosure by the Client;
(iii) Is lawfully acquired by TDM Web Solutions from a third party on a non-confidential basis;
(iv) TDM Web Solutions is required to disclose according to any law, lawful governmental, quasi-governmental or judicial order.
6.2 Emails that are sent from TDM Web Solutions will include a confidentiality signature and will include one of the below conditions
(i) Mailed and signed by tdmwebsolutions.com. or
(ii) Mailed and signed by one of TDM Web Solutions Operational Partners.
Other emails that look like they are from TDM Web Solutions but are not signed by us may be spam. Please consult with TDM Web Solutions if you are suspicious of an email.
6.3 All sensitive information given to TDM Web Solutions, are kept in a 256-bit encrypted digital locker. The passwords are not viewed in text form after the date that it was given to TDM Web Solutions.
6.4 During the term of this Agreement and for a period of thirty (30) days following termination or expiration of this Agreement, we shall not engage, directly or indirectly, in any business activity that competes with Client in the specific line of business.
6.5 By engaging in voice interactions with TDM Web Solutions, whether over the phone or through any other means, you acknowledge and agree that all such interactions will be recorded and stored. These recordings will be used for quality assurance, training, and dispute resolution purposes. TDM Web Solutions may utilize these recordings to ensure the accuracy and quality of services provided, as well as for training its personnel to enhance customer experience. The recorded voice interactions will be treated as confidential information and handled in compliance with relevant data protection laws. Should any disputes arise, these recordings may be used as evidence for investigation and resolution. TDM Web Solutions will retain the recordings for a specified period as required by law or for legitimate business purposes, after which they will be securely disposed of.
7.1 Canada’s new Anti-Spam Legislation (CASL) came into effect on July 1, 2014. Under this new legislation, we are required to obtain your consent in order to send you email communication. If you have any questions, please contact us.
8.1 Any times or dates set forth in the Contract for provision or completion by TDM Web Solutions of the services under the Project are estimates only and shall never be considered of the essence. Furthermore, the parties hereby acknowledge that the time schedule set out for the performance of the Engagement may change during the course of said performance. In no event shall TDM Web Solutions be liable for any delay in providing these services.
8.2 Either party may terminate the Contract by notice in writing forthwith in the event the other party
(i) Is in default with respect to any material term or condition to be undertaken;
(ii) By it in accordance with the Engagement and or the provisions of the Contract;
(iii) Such default continues unremedied for a period of thirty (30) days after written notice thereof by the aggrieved party to the defaulting party;
(iv) Shall make any assignment for the benefit of creditors or shall file any petition in connection thereto, shall file a voluntary petition in bankruptcy, be adjudicated bankrupt or insolvent, if any receiver is appointed for its business or property, or if any trustee in bankruptcy or insolvency shall be appointed for that party (and is not dismissed within sixty (60) days after appointment).
8.3 All sensitive information that was given to TDM Web Solutions, will be deleted and disposed of, in a period of thirty (30) days, after termination of a contract or engagement.
8.4 TDM Web Solutions reserves the right to use any content (images and videos), even after the termination of a contract. We also reserve the right to keep the work listed on our website and social medias.
8.5 When terminated any outstanding balances owed to TDM Web Solutions must be paid within thirty (30) days.
8.6 The Client agrees to conduct itself in a manner that does not compromise or jeopardize the reputation or image of TDM Web Solutions during the term of this Agreement. If, at any point, the Client's actions, communications, or conduct are deemed by TDM Web Solutions, in its sole discretion, to be detrimental to its image or public standing, TDM Web Solutions reserves the right to terminate any existing contracts, agreements, or projects with the Client without prior notice. In such cases, TDM Web Solutions shall not be held liable for any losses, damages, or expenses incurred by the Client as a result of such termination. The Client understands and agrees that the decision of TDM Web Solutions regarding the termination shall be final and binding.
If you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details below:
https://www.tdmwebsolutions.com
legal@tdmwebsolutions.com
We will attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event. This document was last updated on February, 21, 2023.
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