These terms and conditions (“Terms”) outline the legal framework that governs the relationship between Tamatay, a provider of various digital marketing services, and its clients (“Client”) who seek to utilize these services. By engaging with or utilizing any services provided by Tamatay through its website www.tamatay.com (“Website”), the Client agrees to comply with and be bound by these Terms. It is crucial to review and understand these terms before proceeding with any engagement.
1.1. In these Terms, unless the context otherwise requires:
- “Tamatay” refers to the service provider, its employees, contractors, and representatives.
- “Client” refers to the individual or entity engaging Tamatay’s services.
- “Services” encompass the range of offerings provided by Tamatay, including but not limited to branding, PR, influencer marketing, SEO, SEM, social media management, advertising, awareness campaigns, proximity marketing, and lead generation.
- “Content” includes all text, images, videos, graphics, and other materials provided or generated by either party for use in the provision of services.
- “Website” pertains to www.tamatay.com, the online platform where information about Tamatay’s services is provided.
2. Service Offerings and Scope
2.1. Tamatay offers a comprehensive suite of digital marketing services aimed at enhancing the online presence and reach of its clients. These services are outlined in detail on the Website.
2.2. The Client agrees to provide clear instructions, necessary materials, and relevant information to enable Tamatay to execute the services effectively.
3. Pricing and Payment
3.1. The pricing for Tamatay’s services is determined based on the specific service plan chosen by the Client. Detailed pricing information can be found on the Website or provided upon request.
3.2. Payment terms, including upfront payments, milestone payments, or subscription fees, will be specified for each service. The Client agrees to make payments in accordance with these terms.
3.3. Tamatay reserves the right to adjust prices as deemed necessary. Any price adjustments will be communicated to the Client in advance.
4. Content and Intellectual Property
4.1. Content provided by the Client for use in the provision of services remains the property of the respective party providing the content.
4.2. Any content generated by Tamatay for the Client’s services, including but not limited to graphics, text, and videos, may be used by Tamatay for promotional purposes, unless otherwise agreed upon in writing.
5. Social Media Services
5.1. The Client acknowledges that identical posts will be published across all social media profiles daily to maintain a consistent brand message.
5.2. Stories posts will be created for Instagram and Facebook, incorporating interactive elements as agreed upon between Tamatay and the Client.
6. Blog Posts
6.1. Tamatay will produce blog posts with a word count ranging from 700 to 1000 words. Each blog post will include a relevant and engaging image creative.
6.2. The Client may provide guidance on the topic and style of the blog post to ensure alignment with their brand identity.
7. Video and Animation
7.1. The creation of video edits or animation videos is not included in any of the service plans offered by Tamatay.
7.2. If the Client desires video editing or animation services, these can be provided as separate services upon mutual agreement.
8. Guest Posts (Press Release)
8.1. Guest posts, including press releases, are subject to approval by the Client before they are published or distributed.
8.2. The creation of content for guest posts, including press releases, is not included in the service offering. The Client is responsible for providing the necessary content.
9. Onsite Optimization
9.1. Onsite optimization services involve enhancing the search engine visibility and user experience of a website.
9.2. Tamatay will perform onsite optimization for up to 5 pages of the Client’s website. Additional charges will apply for optimizing extra pages or dynamic websites.
10. Web Hosting
10.1. Tamatay provides complimentary web hosting for a duration of one year through its partner CWS (Client’s Web Services).
10.2. After the complimentary year of web hosting, the Client has the option to renew the hosting service based on the terms and pricing provided by CWS.
11. SEO Commitment
11.1. Clients engaging in SEO services with Tamatay commit to a minimum service duration of 3 months. This timeframe is essential to achieve meaningful and sustainable results.
11.2. The specific strategies and techniques employed during the SEO engagement will be communicated to the Client, and regular progress reports will be provided.
12. Bulk Email Service
12.1. If the Client opts for bulk email services, they are responsible for providing an accurate and up-to-date subscriber database. Tamatay does not include an email database as part of the service.
12.2. The content of bulk emails will be provided by the Client, unless otherwise agreed upon.
13. Refund Policy
13.1. Once Tamatay initiates work on the agreed service calendar, no refunds will be offered for any services rendered. This policy is in place to ensure that resources and efforts are committed to delivering results for the Client.
14. Amendments and Modifications
14.1. Tamatay reserves the right to modify, amend, or update these Terms at its discretion. Clients will be notified of any changes through communication channels established between Tamatay and the Client.
15. Governing Law
15.1. These Terms are governed by the laws of the jurisdiction in which Tamatay is registered.
16.1. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Unless otherwise stated, Tamatay and/or its licensors hold the intellectual property rights for all content on Tamatay. All intellectual property rights are reserved. You may access this content from Tamatay for your personal use, subject to the restrictions set forth in these terms and conditions.
You must not:
- Republish material from Tamatay.
- Sell, rent, or sublicense material from Tamatay.
- Reproduce, duplicate, or copy material from Tamatay.
- Redistribute content from Tamatay.
This Agreement begins on the date of your first access.
User-Generated Content (Comments)
Certain parts of our website may offer opportunities for users to post and exchange opinions and information. Comments posted on our website reflect the views and opinions of the respective authors. Tamatay does not filter, edit, publish, or review Comments before they appear on the website. Comments do not necessarily represent the views of Tamatay, its agents, or affiliates.
Tamatay reserves the right to monitor and remove any Comments considered inappropriate, offensive, or in violation of these Terms and Conditions.
By posting Comments on our website, you warrant and represent that:
- You have the right to post the Comments and have all necessary licenses and consents.
- The Comments do not infringe upon any intellectual property rights of third parties.
- The Comments do not contain defamatory, libelous, offensive, indecent, or unlawful material.
- The Comments will not be used to solicit or promote business, custom, or unlawful activity.
By posting Comments, you grant Tamatay a non-exclusive license to use, reproduce, and edit your Comments in any and all forms, formats, or media.
Hyperlinking to Our Content
Certain organizations may link to our Website without prior written approval:
- Government agencies
- Search engines
- News organizations
- Online directory distributors may link to our Website in the same manner as they hyperlink to the websites of other listed businesses
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, publications, or other Website information as long as the link is not deceptive, does not falsely imply sponsorship or endorsement, and fits within the context of the linking party’s site.
Other organizations may link to our Website with prior approval from us. We will approve link requests if the link does not reflect negatively on us, the organization has no negative history with us, the benefit compensates the absence of Tamatay, and the link is contextually appropriate.
Approved organizations may hyperlink to our Website using our corporate name or a description of our Website.
Without prior approval and written permission, you may not create frames around our Webpages that alter the visual presentation of our Website.
We are not responsible for content appearing on your website. You agree to protect and defend us against all claims arising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, criminal, or which infringes, violates, or advocates the infringement or violation of third-party rights.
Reservation of Rights
We reserve the right to request the removal of any link to our Website. We also reserve the right to amend these terms and conditions and our linking policy at any time. By continuously linking to our Website, you agree to follow these linking terms and conditions.
Removal of Links from Our Website
If you find any offensive links on our Website, you are free to contact us for removal. We consider requests to remove links but are not obligated to respond to such requests.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and its use. We are not liable for any loss or damage of any nature resulting from the use of this website or reliance on its content. This disclaimer does not limit our liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any liability which may not be excluded or limited under applicable law.
These comprehensive terms and conditions outline the guidelines and agreements between Tamatay and its clients regarding the use of services and the website. It is important for both parties to carefully read and understand these terms before engaging in any services. If any uncertainties arise, it is advisable to seek legal consultation to ensure mutual understanding and the protection of both parties’ rights.