Terms of Service

Introduction

Welcome to the Terms of Service for Tenbo Digital. These terms are a binding agreement for the digital marketing services we provide, which include, but are not limited to, Pay-Per-Click advertising, social media management, and SEO. “Tenbo Digital” refers to our division within Tenbo Creative PTY LTD, and “the Client” or “You” refers to you, our valued customer.

 Services

1. Provision of Services: Tenbo Digital commits to providing the Client with digital marketing services as specified in the Quotation, Invoice, or payment page (Stripe), or as agreed in our written communication. These services are offered on a non-exclusive basis.
2. Scope of Services: Our services encompass digital marketing strategies, Pay-Per-Click (PPC) advertising, social media management, and SEO services. The specific services provided will be outlined in the Quotation, Invoice, or as detailed in our written correspondence.
3. Exclusions: Any services or deliverables not expressly mentioned in the Quotation, purchase page, or not agreed upon in writing by both parties are not included in our service offerings.
4. Changes and Additional Charges: Should there be a need to modify the scope of services, any such changes and related additional charges will require mutual agreement via email. Tenbo Digital is ready to adapt to the Client’s changing needs, understanding that amendments may result in extra charges. Work on any additional services will commence only after the new scope is agreed upon and additional charges are fully paid.
5. Services (PPC Campaigns): Our Pay-Per-Click services are offered on a monthly basis. Engaging in our PPC service signifies a commitment to a minimum of one month of service.

Payment Terms

1. Payment Process: You, the Client, need to process payments through Stripe for our services. We’ll start our services once your payment is successfully processed.
2. Non-Refundable Policy: Payments made to Tenbo Digital are non-refundable, except as specifically stated in these Terms.

Service Renewal

1. Automatic Renewal: Our service agreement will automatically renew every four weeks from the start date, unless terminated as per these Terms.
2. Notification of Changes: We’ll inform you of any changes to our services or pricing before any renewal date.

Termination and Cancellation Policy

1. Cancellation Policy: Monthly services like PPC or SEO campaigns are non-refundable for the month you cancel. You must request cancellation explicitly.

2. Tenbo Digital’s Right to Cancel: We reserve the right to end our services at any time, and we’ll communicate the reasons if such a situation occurs.

Amendments and Waivers

1. Written Agreement Requirement: To change or waive any part of these Terms, we both need to agree in writing.

2. Binding Effect: Any changes or waivers we agree on in writing become part of these Terms.

Intellectual Property and Creative Rights

1. Redistribution Rights: We can use and share your content on our platforms as outlined in these Terms.
2. Removal Requests: You can ask us via email to remove specific content from our platforms. We’ll do this within 48 hours.

Subcontracting

1. Subcontracting Rights: We can hire others to help with our services to you without needing your prior approval.
2. Subcontractor Liability: We’re not responsible for any mistakes or issues caused by our subcontractors.

Independent Contractor Status

1. Contractual Nature: Our relationship is as an independent contractor, not as an employee, agent, or representative of you.

2.  Absence of Implied Relationships: Working together doesn’t create any fiduciary, agency, trust, or employment relationship between us.

Confidentiality and Non-Disclosure

1. Obligation of Confidentiality: Both Tenbo Digital and you, the Client, agree to keep each other’s confidential information, like business strategies and client data, private.
2. Restricted Disclosure: We won’t share any confidential info we learn from each other with anyone else unless we both agree in writing.

3. Regarding Software and Processes:

   a) You agree not to share details about our software or processes.
   b) If you want to share something about our software or methods, you need to ask us first and get written permission.

4. Client’s Acknowledgment: The Client acknowledges the importance of keeping information confidential for effective and secure service provision and agrees to follow these confidentiality rules.

Limitation of Liability and Indemnification

1.  Liability Limits: We’re not liable for any kind of damages like lost profits, interruption of business, or loss of information, except as required by law.

2. Maximum Liability: If we’re found liable, our responsibility is limited to providing the services again.

3.  Client Indemnification: You agree to protect us from any claims or costs arising from your use of our services.

4. Specific Exclusions: We’re not responsible for issues like platform malfunctions, copyright infringements by your content, missed deadlines, search engine issues, natural disasters, failure to rank in search engines, unreliable third-party services, data loss, software issues, or changes we make to your digital assets.

5. Data Management: We’re not in charge of managing or backing up data on analytics and advertising platforms.

6. Content Refusal: We can refuse to handle content that’s offensive, illegal, or controversial, or that infringes on copyrights.

Governing Law and Jurisdiction

1. Applicable Law: These Terms follow the laws of Victoria, Australia.

2. Jurisdiction Consent: We both agree to the exclusive jurisdiction of Victoria’s courts.

Earnings and Outcome Disclaimer:

1. No Guaranteed Results: We can’t promise specific outcomes or returns from our services.

2. Specific Guarantees: Any specific guarantees we offer will be in writing via email.

3. Remedy for Unmet Guarantees: If we don’t meet our written guarantees, you can get a refund for that period or one month of the same service for free.

4. Testimonials: Our testimonials show exceptional results and aren’t typical guarantees.

5. Client’s Acknowledgment: You understand that digital marketing involves risks and that even with guarantees, outcomes aren’t certain.

Client Responsibilities

1. Information Disclosure: You need to provide us with all relevant information for our services, like marketing goals and access details.

2. Legal Compliance: You’re responsible for meeting all legal standards related to our services.

3. Access and Assistance: You should give us access to your digital assets and help us as needed.

4. Providing Materials: Please provide all necessary materials as soon as possible.

5. Notifying Changes: Tell us at least 14 days before any major changes in your business or domain name.

6. Timely Responses: Quick responses and approvals from you are important for smooth service delivery.

7. Accuracy of Information: Ensure all information you provide us is accurate and up-to-date.

8. Impact of Non-Compliance: Your failure to cooperate can affect the quality and timing of our services.

9. Non-Compliance Disclaimer: We’re not liable for issues caused by your non-compliance.

10. Acknowledgment of Risks: Your active participation is crucial for successful outcomes.

Data Protection and Privacy:

We’re committed to protecting your data and complying with data protection laws.

Dissatisfaction and Complaints:

1.  Feedback: Please tell us if you’re unhappy with our services.
2. Resolution: We’ll try to fix any issues professionally and quickly.

Force Majeure:

Neither of us is responsible for delays or failures due to unforeseeable events.

Entire Agreement:

These Terms are our full agreement on these matters.

Dispute Resolution:

We’ll try to resolve disputes through communication, and if needed, mediation or arbitration.

Contact Information:

For legal inquiries or concerns about these Terms, reach us at hello@tenbidigital.com.