TERMS OF SERVICE
Company / Brand name:TNM Agency (“TNM”, “we”, “us”, “our”)
Contact email:office@tnmagency.co
Company address (optional but recommended): Address, City, Country
Governing law:
1. Acceptance of these Terms
By accessing or using our website, services, or any related content (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Services.
If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to the organization.
2. Changes to the Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new effective date. Your continued use of the Services after changes become effective means you accept the revised Terms.
3. Services overview
TNM Agency provides digital services which may include, for example: web design and development, marketing, consulting, analytics, content support, advertising setup/management, and related services.
Specific deliverables, timelines, pricing, and scope are defined in a proposal, statement of work, invoice, or written agreement (“SOW”) if applicable. If there is a conflict between these Terms and an SOW, the SOW prevails for that project.
4. Eligibility
You must be able to form a legally binding contract in your jurisdiction to use paid Services. If you are not eligible, you may use the website only where allowed by law and only with appropriate permission/oversight.
5. Accounts and communications
If you create an account or provide contact details, you agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You agree that we may communicate with you electronically (email, website notices, messengers) regarding the Services.
6. Client responsibilities (for project-based work)
For project delivery, you agree to:
- Provide timely access to required materials, approvals, logins, brand assets, and feedback
- Ensure you own or have permission to use any content you supply (text, images, videos, fonts, trademarks)
- Review deliverables promptly and report issues within a reasonable time
Delays caused by missing inputs/approvals may shift timelines and may incur additional costs.
7. Payments, fees, and taxes (if applicable)
If you purchase Services:
- Fees, payment schedule, and what’s included are specified in the SOW or invoice
- You authorize us (or our payment provider) to charge the payment method you provide
- Taxes may apply depending on your location and will be added where required
Late payments: [Insert your policy, e.g., “Invoices unpaid after X days may pause work; late fees of Y% may apply”]
8. Refunds and cancellations (if applicable)
Refund eligibility depends on the Service type and stage of work, as described in the SOW/invoice.
Suggested baseline (edit to your reality):
- Digital services / project work: Deposits are non-refundable once work begins, unless required by law
- Monthly services: You may cancel renewal with [X days] notice; fees already paid for the current period are non-refundable unless required by law
- Fixed deliverables: If you cancel after work starts, you pay for work completed to date
9. Intellectual property (IP)
Our IP: The website, templates, copy, visuals, code snippets, methods, and materials we provide (excluding your content) are owned by TNM or our licensors and are protected by IP laws.
Your IP: You retain ownership of the materials you provide to us.
Project deliverables: Unless otherwise stated in the SOW:
- Upon full payment, you receive a license to use the final deliverables for their intended purpose
- Drafts, unused concepts, internal tools, and background know-how remain ours
- Third-party components (plugins, fonts, stock assets) are subject to their own licenses and may require you to purchase/maintain a license
10. Third-party services and links
The Services may integrate or link to third-party platforms (hosting, analytics, payment processors, ad platforms, CRMs, social networks). We do not control and are not responsible for third-party services, their availability, or their terms/policies. Your use of third-party services is at your own risk and subject to their terms.
11. Prohibited use
You agree not to:
- Use the Services for unlawful, harmful, fraudulent, or misleading purposes
- Attempt to gain unauthorized access to systems, accounts, or data
- Interfere with or disrupt the Services or networks
- Upload or transmit malware, spam, or harmful code
- Infringe intellectual property or privacy rights of others
We may suspend or terminate access for violations.
12. Disclaimers
The Services are provided on an “as is” and “as available” basis, to the maximum extent permitted by law.
We do not guarantee:
- That the Services will be uninterrupted, secure, or error-free
- Any specific business, marketing, advertising, SEO, revenue, or conversion results
- Outcomes dependent on third-party platforms, algorithms, moderation decisions, or policy changes
You are responsible for your business decisions, compliance obligations, and how you implement recommendations.
13. Limitation of liability
To the maximum extent permitted by law, TNM Agency will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities arising out of or related to the Services.
To the maximum extent permitted by law, TNM Agency’s total liability for any claim arising out of or related to the Services will not exceed the amount you paid to TNM Agency for the Services in the [3] months preceding the event giving rise to the claim (or USD/EUR, whichever is lower), unless otherwise required by law.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
14. Indemnification
You agree to indemnify and hold harmless TNM Agency, its team members, contractors, and partners from any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from:
- Your use of the Services
- Your content, products, or business operations
- Your violation of these Terms or applicable laws
- Your infringement of third-party rights
15. Confidentiality (optional but recommended for agency work)
If we exchange non-public information marked or reasonably understood as confidential, both parties agree to use it only for the purpose of providing/receiving Services and to protect it from unauthorized disclosure. This does not apply to information that is public, independently developed, or lawfully received from another source.
16. Termination
We may suspend or terminate your access to the Services at any time if we reasonably believe you violated these Terms or pose risk to the Services or others.
You may stop using the Services at any time. For paid Services, termination and payment obligations are governed by the SOW/invoice and these Terms.
17. Force majeure
We are not liable for delays or failures caused by events beyond our reasonable control (e.g., outages, third-party platform changes, strikes, natural disasters, war, governmental actions).
18. Governing law and dispute resolution
These Terms are governed by the laws of [Jurisdiction], without regard to conflict-of-law principles.
Dispute resolution option (pick one and edit):
A) Courts: Any disputes will be resolved exclusively in the courts located in [City, Jurisdiction]
B) Arbitration/Mediation: Disputes will be resolved via
19. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
20. Entire agreement
These Terms, together with any SOW/invoice/proposal and referenced policies (e.g., Privacy Policy), constitute the entire agreement regarding the Services and supersede prior communications on the same subject.
21. Contact
Questions about these Terms: office@tnmagency.co