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T & C

Terms and Condition: #1 Best Legal Protection Policy

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Welcome to True Media Design Agency! Before you explore our creative services—Graphic Design, WEB Design, SEO, Marketing & Advertising—please take a moment to review our Terms and Conditions (T&C). #1 Best Legal Protection Policy

These guidelines ensure smooth collaboration and protect both you (our valued client) and us (your dedicated creative team). Also you can check other legal terms like: Cookie Policy, Privacy Policy.

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T&C.

Terms and Conditions —for True Media Design Agency

These Terms and Conditions (“Terms” or “T&C”) govern your use of the True Media Design Agency website and services. By accessing our website or engaging our services, you agree to comply with these Terms and Conditions. If you do not agree, please refrain from using our Services.

Last Updated: 09 December 2024

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Protecting Your Vision & Our Work → Terms and Conditions: The Only Thing We Won’t Design for You.

1. Terms and Conditions for various Services Provided by True Media Design Agency 

  • True Media Design Agency specializes in the following services:

Graphic Design

  • Logo design, branding, business cards, brochures, flyers, social media graphics, and other print/digital assets.
  • Custom illustrations, info graphics, and packaging design.
  • Revisions are included as per the agreed project scope.

Web Design

  • Custom website design, UI/UX optimization, responsive development.
  • E-commerce solutions (Shopify, WooCommerce), CMS integration (WordPress, etc.).
  • Website maintenance, hosting, and security services (if included in the contract).

Marketing & Advertising

  • Social media marketing (content creation, ad campaigns, influencer collaborations).
  • Pay-per-click (PPC) advertising (Google Ads, Meta Ads, LinkedIn Ads).
  • Email marketing, content marketing, and promotional campaigns.

SEO Services

  • On-page & off-page SEO optimization.
  • Keyword research, back link building, and technical SEO audits.
  • Monthly performance reports (if under an ongoing SEO plan).

2. Terms and Conditions for Client Responsibilities

To ensure smooth project execution, clients must:

  • Provide accurate and complete information (brand guidelines, content, images, etc.).
  • Secure necessary copyrights/licenses for any third-party materials (fonts, stock images, etc.).
  • Respond to feedback and approval requests within the agreed time-frame to avoid delays.
  • Make payments as per the agreed schedule (deposit, milestones, or final payment).

3. Terms and Conditions for Payments & Refunds

Payment Terms

  • A non-refundable deposit (typically 30-50%) is required before work begins.
  • Remaining balance is due upon project completion (or in installments for long-term projects).
  • Late payments may incur a 5% monthly interest fee or result in project suspension.

Accepted Payment Methods

  • Bank transfer, credit/debit card, PayPal, or other agreed-upon methods.

Refund Policy

  • No refunds for completed work or delivered files.
  • If a project is canceled midway, the client pays for work done up to that point.
  • If we fail to deliver as agreed (rare cases), a partial or full refund may be issued.

4. Terms and Conditions for Intellectual Property Rights

Ownership Transfer

  • Final designs, code, and deliverables become the client’s property only after full payment.
  • Source files (JPG, PSD, AI, DOC, etc.) may require an additional fee unless specified otherwise.

Agency’s Rights

  • We retain the right to display completed work in our portfolio, case studies, and marketing materials.
  • If the client provides materials (logos, images, text), they must ensure they have legal rights to use them.

Prohibited Actions

  • Clients may not resell, modify without permission, or claim our work as their own creation.

5. Terms and Conditions for Confidentiality & Data Protection

  • We do not share client-sensitive information (business strategies, customer data, etc.) with third parties.
  • Clients must also keep agency processes, pricing, and proprietary tools confidential.
  • We comply with GDPR, CPRA, CCPA, PIPEDA, CalOPPA, COPPA, VCDPA, and more.—personal data is stored securely and only used for project purposes.

6. Terms and Conditions for Limitation of Liability

  • We are not liable for:
    • Financial losses due to project delays (unless caused by our negligence).
    • Third-party service issues (e.g., hosting downtime, social media algorithm changes).
    • Underachieve marketing results (SEO rankings, ad performance depend on many external factors).
  • Maximum liability is limited to the total amount paid for the service in question.

7. Terms and Conditions for Revisions & Project Scope

  • Revisions are included as per the initial agreement (e.g., 2-3 rounds of edits).
  • Additional revisions or major changes may incur extra fees.
  • Scope creep (unplanned expansions of the project) requires a new agreement or adjusted pricing.

8. Terms and Conditions for Termination Policy

By the Client

  • Must provide written notice.
  • Pays for work completed up to termination.
  • Deposits are non-refundable.

By the Agency

  • We may terminate if:
    • The client breaches these Terms (non-payment, harassment, illegal requests).
    • The project is stalled due to the client’s unresponsiveness (beyond 30 days).

9. Terms and Conditions – Changes to Terms

  • We may update these Terms periodically.
  • Clients will be notified of significant changes via email or website notice.
  • Continued use of our Services means acceptance of the revised Terms.

10. Terms and Conditions for Governing Law & Dispute Resolution

  • These Terms are governed by the laws of Romania.
  • Disputes will first attempt amicable resolution via negotiation.

If unresolved, disputes may proceed to mediation or court in Brasov/ Romania.

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11. Contact Information for Terms and Conditions

By using our website or services, you confirm that you have read, understood, and agreed to these Terms and Conditions. Contact us for more information.

12. Terms and Conditions for Industry-Specific Clauses

Graphic Design & Branding – Terms and Conditions

  1. Font & Stock Media Licensing
    • Clients must purchase proper licenses for any premium fonts, stock images, or third-party assets used in their designs (unless provided by us).
    • We are not liable for copyright violations due to unlicensed client-provided materials.
  2. Design Approval & Revisions
    • Clients must approve final designs in writing. After approval, changes may incur additional fees.
    • We are not responsible for errors in printed materials if the client approved the final proof.

Web Design & Development – Terms and Conditions

  1. Hosting & Domain Ownership
    • If we purchase a domain/hosting on the client’s behalf, they must renew it independently after the project ends.
    • We are not liable for website downtime caused by third-party hosting providers.
  2. Browser & Device Compatibility
    • Websites are tested on major browsers (Chrome, Firefox, Safari, Edge) and standard devices.
    • We do not guarantee full functionality on outdated browsers (e.g., Internet Explorer).
  3. CMS & Plugin Updates
    • For CMS-based sites (WordPress, Shopify), clients are responsible for post-launch updates unless covered under a maintenance plan.

Marketing & Advertising – Terms and Conditions

  1. Ad Performance Disclaimers
    • We do not guarantee specific ROI, lead generation, or sales from campaigns due to external market factors.
    • Client-provided audience data (email lists) must comply with anti-spam laws (CAN-SPAM/GDPR/etc.).
  2. Social Media Risks
    • Platforms may change algorithms or policies without notice, affecting campaign performance.
    • We are not liable for account suspensions/bans due to client-posted content.

SEO Services – Terms and Conditions

  1. No Guaranteed Rankings
    • SEO results depend on search engine algorithms. We cannot guarantee #1 rankings or specific traffic levels.
    • Penalties from past SEO practices (e.g., black-hat techniques) may delay improvements.
  2. Content & Backlinking
    • Clients must approve all content before publication. Poor-quality content may harm SEO progress.
    • We disclaim liability for penalties caused by client-directed backlink purchases or spammy tactics.
  3. Reporting & Transparency
    • Monthly reports will include key metrics (rankings, traffic, backlinks).
    • Clients must provide Google Analytics/Search Console access for accurate tracking.

13. Terms and Conditions – Force Majeure

  • Neither party is liable for delays/failures caused by unforeseen events (e.g., natural disasters, pandemics, cyberattacks, or third-party service outages).

14. Terms and Conditions for Non-Solicitation

  • Clients agree not to hire or solicit our employees or contractors for 12 months after project completion.

15. Terms and Conditions for Testimonials & Case Studies

  • Clients grant us the right to use their name/logo in testimonials unless explicitly requested in writing to remain anonymous.

16. Terms and Conditions for How Disputes Are Resolved

  • Mediation First: Parties agree to resolve disputes via mediation before litigation.
  • Legal Fees: The losing party covers reasonable legal costs if arbitration/litigation occurs.

17. Terms and Conditions – Entire Agreement

  • These Terms supersede all prior agreements. Any changes must be in writing and signed by both parties.

Notes:

  • For legal enforce-ability, consult a lawyer to ensure compliance with local business/contract laws.
  • Include a separate Service Agreement for each client with project-specific details (timelines, deliverables, fees).
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18. Terms and Conditions for Subcontractor & Third-Party Work
  1. Right to Delegate
    • We may assign specialized tasks (e.g., copyrighting, coding) to trusted subcontractors while maintaining quality control.
  2. Client Approval
    • If a subcontractor’s involvement affects project confidentiality (e.g., NDAs), we will notify the client in advance.
  3. Liability
    • We remain fully responsible for all deliverables, even if parts are handled by subcontractors.

19. Terms and Conditions for International Clients

  1. Currency & Taxes
    • Fees are quoted in € (euro) or $ (USD). International clients cover all bank transfer fees, currency conversions, or taxes (e.g., VAT/GST) unless otherwise agreed.
  2. Jurisdiction
    • Disputes will be resolved under the laws of Romania, even if the client is overseas.
  3. Language & Time Zones
    • Primary communication is in English/Romanian. Meetings/support will be scheduled within Bucharest time +/- 3 hours unless arranged otherwise.

20. Terms and Conditions for AI & Automation Tools

  1. Transparency
    • We may use AI tools (e.g., ChatGPT, DeepSeek, etc. for content ideas, Canvas for design drafts) to enhance efficiency, but all outputs are reviewed by humans.
  2. Ownership
    • AI-generated materials (e.g., text, graphics) are considered “work for hire” and transfer to the client upon payment, per Section 4.
  3. Limitations
    • We do not guarantee AI-generated content will pass plagiarism checks or avoid search engine penalties.

21. Terms and Conditions for Website Maintenance & Security

  1. Post-Launch Support
    • Minor bug fixes are covered for working days 24hours/3days/3month after launch. Major updates require a new agreement.
  2. Security Disclaimers
    • While we implement security best practices (SSL, firewalls), clients are responsible for:
      • Regular password updates.
      • Purchasing premium security plugins/extensions (if needed).
    • We are not liable for hacks/data breaches caused by third-party plugins or client negligence.

22. Terms and Conditions for Rush Fees & Priority Work

  1. Expedited Requests
    • Projects requiring delivery 50% faster than standard timelines incur a 15–30% rush fee.
  2. Holiday/Weekend Work
    • Urgent tasks during holidays/weekends are billed at 1.5x the standard rate.

23. Terms and Conditions for Portfolio & Attribution Rights

  1. Credit Display
    • We may include a discreet “Designed by True Media Design Agency” link in website footers unless the client pays a white-label fee.
  2. Take-Down Requests
    • Clients can request removal from our portfolio within 30 days of project completion for a 3% fee from total project cost.

24. Terms and Conditions for Beta Testing & New Technologies

  1. Experimental Tools
    • If we recommend emerging tech (e.g., new SEO software, beta CMS platforms), clients assume risks for instability.
  2. No Guarantees
    • Performance metrics (speed, compatibility) for beta services are estimates only.

25. Terms and Conditions for Client-Provided Tools/Accounts

  1. Access Requirements
    • Clients must grant us necessary logins (e.g., WordPress admin, Google Ads) via secure methods (2FA enabled).
  2. Misuse Liability
    • We are not liable for penalties from pre-existing account violations (e.g., Google Ads suspensions).

26. Terms and Conditions for Survival Clause

  • Certain sections (e.g., Confidentiality, Intellectual Property, Limitation of Liability) remain enforceable even after contract termination.

27. Terms and Conditions – How to Accept These Terms

  1. Digital Acceptance
    • Clients agree to these Terms by:
      • Checking a box during checkout.
      • Signing a proposal/contract referencing these Terms.
      • Making a payment (implies acceptance).
  2. Other Recommendations:
    • We can Add a Service-Specific Addendum for large projects (e.g., “SEO clients agree to avoid manual link-building during our contract”).
    • We can Include an Arbitration Clause if preferred over court disputes (e.g., “All disputes go through binding arbitration in Romania/Brasov”).
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Transparency by Design → No Boring Legalese, Just Good Vibes & Clear Rules

28. Terms and Conditions – Retainer Agreements (Monthly Marketing/SEO Services)

A. Scope & Deliverables

  1. Fixed Monthly Scope
    • Services (e.g., “20 SEO backlinks, 4 blog posts, and weekly analytics reports”) are defined in a separate Statement of Work (SOW).
    • Any work beyond the agreed scope requires a change order with additional fees.
  2. Performance Expectations
    • SEO/marketing results (traffic, rankings) are not guaranteed due to algorithm changes, but we commit to:
      • Following industry best practices.
      • Providing transparent reporting (e.g., Google Analytics screenshots).

B. Payment & Billing

  1. Recurring Payments
    • Clients are billed in advance on the 1st of each month.
    • Late payments (>5 days) may pause services.
  2. Auto-Renewal
    • Retainers renew month-to-month unless canceled with 30 days’ written notice.

 C. Termination

  1. Early Termination
    • Clients may exit retainers with 30 days’ notice. No prorated refunds for partial months.
    • Agency may terminate for non-payment or client breaches (e.g., refusing to provide required access).
  2. Transition Support
    • Upon termination, we’ll provide a 30-day knowledge transfer (e.g., logins, strategy docs) for a smooth hand-off.
29. Terms and Conditions for White-Label Partnerships

A. Definition

  • We act as a behind-the-scenes provider for agencies/resellers who rebrand our work as their own.

B. Reseller Obligations

  1. White-Label Fee
    • Resellers pay a 15–30% premium for confidential service delivery.
    • Must remove all traces of our branding (e.g., code comments, design credits).
  2. Client Management
    • Resellers are solely responsible for:
      • Client contracts, payments, and disputes.
      • Providing brand guidelines/content to us.

C. Agency Protections

  1. No Direct Contact
    • We communicate only through the reseller, not their end clients, unless emergency technical support is needed.
  2. Liability Limitations
    • Resellers indemnify us against claims arising from their misrepresentations (e.g., false guarantees about SEO results).
  3. Portfolio Rights
    • We may display white-label work in our private portfolio (shared only under NDA).
30. Terms and Conditions for Compliance Addendums

A. Continued Support Options:

  • SEO Ethics Clause: Clients must avoid “black-hat” tactics (e.g., buying links) during our contract, or we may terminate immediately.
  • Ad Budgets: Monthly ad spend (e.g., Google Ads) is separate from our management fees.

B. For Agency Partner Services:

  • Non-Compete: Resellers agree not to reverse-engineer or replicate our processes for 5 years.
  • Audit Rights: We may request proof that resellers are paying end clients fairly (to protect against unethical markup disputes).
31. Terms and Conditions for Templates for Attachments
  • Retainer SOW Template
    • Monthly Deliverables: [List services, e.g., “8 blog posts, 10 backlinks”]
    • Reporting: [Frequency + metrics, e.g., “Weekly ranking updates”]
    • Client Responsibilities: [e.g., “Provide logins by the 1st of each month”] 
  • White-Label Agreement
    • Markup Policy: “Reseller may charge end clients up to [X]% above our rates.” 

Other Recommendations:

  1. Signatures: Require e-signatures for retainers/white-label deals (use tools like DocuSign).
  2. On-boarding Checklists: Attach as exhibits (e.g., “SEO clients must provide Google Analytics access within 7 days”).
32. Terms and Conditions for Sliding-Scale Retainer Pricing

A. Commitment Discounts

  1. Tiered Pricing Structure
    • 3-Month Commitment: 5% discount on monthly fees
    • 6-Month Commitment: 10% discount
    • 12-Month Commitment: 15% discount + 1 free strategy session
  2. Conditions
    • Discounts apply only if payments are made on time.
    • Early termination voids discounts: Client pays the full original rate for services rendered.

B. Usage-Based Retainers

  1. Flexible Hours Model
    • Example: “$2,500/month for 30 hours (unused hours roll over for 30 days).”
    • Overtime rate: 1.5x the standard hourly rate.
  2. Service Tiers
    • Basic: SEO + 2 blog posts/month
    • Pro: SEO + 4 blog posts + social media management
    • Clients may upgrade/downgrade with 15 days’ notice.
33. Terms and Conditions for White-Label Exclusivity Terms

A. Non-Compete for Resellers

  1. Exclusivity Period
    • Resellers agree not to work with competing agencies offering similar services (e.g., other SEO/design agencies in Romania/Europe) for 12 months.
  2. Exclusivity Buyout Option
    • Resellers may pay a buyout fee (20% of annual contract value) to end exclusivity early.

B. Agency Protections

  1. Territorial Rights
    • Example: “Reseller A has exclusive rights to rebrand our services for clients in Romania/Europe.”
  2. Poaching Prevention
    • Resellers may not directly hire our team members or subcontractors for 24 months.

34. Terms and Conditions for Enforcement & Incentives

For Retainers:

  • Loyalty Bonuses: Clients who renew for 12+ months receive a free website audit or discounted add-ons.
  • Penalties: Late payments >30 days incur a 10% fee + service suspension.

For White-Label:

  • Volume Discounts: Resellers who bring $10K+/month in business get a 5% rebate.
  • Breach Consequences: Violating exclusivity = loss of discounts + legal action.

35. Terms and Conditions for Attachments for Clarity

A. Retainer Discount Table

Commitment Period

Discount

Benefits

3 months

5%

Priority support

6 months

10%

+ Free analytics setup

B. White-Label Exclusivity Map

  • Reseller X: Exclusive for [Real Estate] clients in [Texas].
  • Reseller Y: Exclusive for [E-commerce] clients in [EU]. 

36. Terms and Conditions for Template Clauses for Customization

Long-Term Collaboration Packages:

“Discounts are void if < 90% of monthly invoices are paid on time. Unused hours expire if retainer is paused > 60 days.”

For Reseller & White-Label Solutions:

“Reseller must display ‘Powered by True Media Design Agency’ in footer code (removable for $300  fee).”

Other Recommendations:

  1. Dynamic Pricing: We can use tools like Holded or PandaDoc to auto-apply discounts based on contract length.
  2. White-Label Compliance Audits: Require resellers to submit quarterly reports on end-client satisfaction.

37. Terms and Conditions for Industry-Specific Retainer Addendums

A. Healthcare & Legal SEO/Marketing

  1. HIPAA/Compliance Clauses
    • All content avoids PHI (Protected Health Information) unless client provides signed BAA (Business Associate Agreement).
    • SEO backlinks exclude vetted medical directories to prevent penalties.
  2. Disclaimers Required
    • Client must add: “Marketing results vary; does not guarantee patient outcomes.”

B. E-Commerce & SaaS

  1. Conversion Rate Liability
    • We optimize product pages/ads but don’t guarantee sales lift (subject to pricing, inventory, etc.).
  2. Platform-Specific Terms
    • Shopify/Amazon SEO: Client covers marketplace fees; we’re not liable for account suspensions.

C. Local Business Marketing

  1. Google My Business (GMB) Rules
    • Client must verify ownership. We’re not liable for GMB suspensions from fake reviews.
  2. Geo-Targeting Limits
    • Local ad campaigns exclude radius overlaps with client’s competitors.

Your silent Salesforce. We craft cohesive visual systems that communicate instantly across all digital touchpoints while maintaining brand integrity.

38. Terms and Conditions for Custom Tools & IntegrationsA. E-Commerce Retainers
  • Includes automated UTM tagging but excludes custom API integrations (billable separately).
B. White-Label Dashboards
  • Resellers pay $200/month for branded client reporting portals.

39. Terms and Conditions for Sample Clause Library

For SaaS Clients:

“SEO targets technical keywords (e.g., ‘API integration’) but excludes closed-beta features.”

For Master Resellers:

“Exclusivity voids if < $10K/month billed; territory reverts to agency after 90 days.”

40. Terms and Conditions for Implementation Tools:

  1. Dynamic Contract Software
    • Use PandaDoc to auto-insert industry-specific clauses.
  2. White-Label Portal
    • Agency Analytics for rebranded reporting.

41. Terms and Conditions for Disclaimer of price Examples:

All pricing structures, timelines, service packages, and numerical values shown in this document are illustrative examples only and do not constitute actual offers or binding agreements. True Media Design Agency provides all clients with customized proposals based on their specific project requirements.

A binding agreement only exists when:

  1. Both parties sign a formal Statement of Work or Service Agreement
  2. The client submits any required deposit
  3. True Media Design Agency confirms project commencement in writing

For accurate pricing and service details, please contact us directly:

  • True Media Design Agency
  • contact@true-media-design.eu
  • +40 740 647 206
  • Romania, Brasov, Oltet Street, no. 23

FINAL NOTE: True Media Design Agency reserves the right to modify services and terms at any time. Existing clients remain governed by their signed agreements.

We’ve made comprehensive support available for this material, including personal assistance from our team and access to our detailed Frequently Asked Questions section, where you’ll find authoritative answers to common points of confusion.

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