POLICIES

TDM Web Solutions Terms & Conditions

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Our terms & conditions

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.

1. definitions

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 the Consultant and by the Consultant 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;

“Consultant” means “operator”, “we”, “us”, “our”, “employee”, “TDM Web Solutions” 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 the Consultant 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” means a legally enforceable agreement between the Client and the Consultant which defines the scope of work and services to be rendered by the Consultant, 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 the Consultant in exchange for a fee;
“An Estimate” means any written fee schedule for services thought or agreed to be rendered by the Consultant. The final estimate will be signed by both parties and will be held in accordance to the Engagement and or Purchase Order;
“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 the Consultant;
“Project” means the services to be provided or rendered by the Consultant 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 the Consultant 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;

2. General

2.1 These Terms and Conditions govern the provision of all services from or on behalf of the Consultant to the Client and apply to all legal relationships between the Consultant 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 the Consultant 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 the Consultant’s commencement of performance nor the Consultant’s 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 the Consultant, as well as acceptance by the Client of any provision of services from the Consultant 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 the Consultant, 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.

3. Performance of the project

3.1 The Consultant 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 The Consultant 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 the Consultant, the Consultant 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 The Consultant 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 the Consultant believes that such replacement would benefit the performance of the Engagement.
3.6 The Consultant 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 the Consultant 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 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.
3.11 The Consultant 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.
3.12 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 Consultant's Contract or Engagement outlined to the Client.
3.13 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.
3.14 If basic website requirements are paid for by TDM Web Solutions [as a company], an invoice will be issued 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.
3.15 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.
3.16 All graphics that are distributed for approval are copyrighted property of TDM Web Solutions. Copies MUST and 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.

4. clients obligation

4.1 The Client shall at all times duly make available to the Consultant all information and documents that the Consultant 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 the Consultant 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 the Consultant.
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 the Consultant 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. fees

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 the Consultant 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 up to a 25% non-refundable deposit in accordance to a signed estimate, and

(i) Fees will go towards the payment of the final project, but are not refundable if the Client wishes to cancel the project.
(ii) Any fee that is paid as a 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 Monthly maintenance will be charged as an hourly fee, the hourly rate is decided 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.

6. confidentiality

6.1 The Consultant 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 the Consultant;
(ii) Was already known by the Consultant, other than under an obligation of confidentiality, at the time of disclosure by the Client;
(iii) Is lawfully acquired by the Consultant from a third party on a non-confidential basis;
(iv) The Consultant 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.

6.2 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.

7. Term & Termination

7.1 Any times or dates set forth in the Contract for provision or completion by the Consultant 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 the Consultant be liable for any delay in providing these services.
7.2 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).

7.3 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.
7.4 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. Contact

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 honor your wish to exercise your rights as quickly as possible and in any event. This document was last updated on January, 1, 2023.

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