TERMS AND CONDITIONS TAHAMI ONLINE™

Effective Date: 18/01/2024

Welcome to TAHAMI ONLINE™! These Terms and Conditions (“Terms”) govern your use of our website and services. By accessing or using our website and services, you agree to comply with and be bound by these Terms.

GENERAL TERMS

These terms and conditions apply in respect of all work undertaken by TAHAMI ONLINE™. By engaging TAHAMI ONLINE™ with your business, you will be accepting the following terms and conditions. These Terms and Conditions are subject to change without notice and may be superseded. TAHAMI ONLINE™ may modify these Terms and Conditions by general notice on a page of our website, by email, or by any other method of communication.

1. DEFINITIONS

1.1. Agreement: These general terms and conditions.

1.2. Client: The person and/or business described as the client in the Agreement.

1.3. Company: TAHAMI ONLINE™.

1.4. Business Day: Any day that is not a Saturday, Sunday, or public holiday in Victoria.

1.5. Fees: The Price together with any Additional Charges incurred by you relating in any way to this Agreement and the Services. Overseas clients are not required to pay GST within Australia.

1.6. Website/eCommerce: Your website/eCommerce designed, built, and hosted pursuant to this Agreement.

1.7. Campaign Scope: The document entitled either “Scope” or “Proposal” provided by TAHAMI ONLINE™ to the Client containing the Services, Price, and the Term of the campaign.

1.8. Intellectual Property: The intellectual property attaching to the Services including copyright, patents, trademarks, design rights, and domain names whether registrable or not and whether registered or not.

1.9. Confidential Information: All the information provided by one party to the other in connection with this Agreement where such information is identified as confidential or ought reasonably to be considered to be confidential based on its context, nature, or the manner of its disclosure, but excluding information that is in the public domain other than by a breach of this Agreement and information developed independently by a third party.

1.10. Price: The fees outlined in the Agreement.

1.11. You and Your: The Client named in the Agreement.

1.12. Our, Us, and We: TAHAMI ONLINE™.

2. AGREEMENT DURATION AND TERMINATION

2.1. The Client agrees that this agreement shall continue for the “term” from the date of this agreement. Once the “term” is reached, the campaign will continue to roll on until the Client provides the Company with 30 days’ written notice. In the event that the Client terminates the Company’s services within the “term” from the date of this agreement, the Client is required to provide the Company with 30 days’ written notice and agrees that they shall be liable for and pay the Monthly Fee for the balance remaining of the “term”.

2.2. In the event that the client enters into a 30-day rolling agreement, the agreement will continue to roll on every 30 days until a 60-day written notice for termination is sent by the Client to the Company. The Client will be required to pay a minimum of 2 times the service fee/s stipulated in the service agreement plus GST per month from the date the written termination notice is sent.

3. CLIENT RESPONSIBILITIES AND COMPANY RIGHTS

3.1. The Client shall give feedback within the timeframe as stated in the timeline provided by the Company to avoid delays. The Company reserves the right to terminate the agreement in any of the following circumstances:

  • The Client does not contact/respond to requests by email or telephone within ten (7) working days.
  • The Client’s instructions deviate from this agreement and/or the Client refuses to pay any additional fees if required to do so for any additional work required.
  • The Client fails to provide content, and/or any additional information requested by the Company within the reasonable deadlines stated.
  • The Client has more than 1 outstanding invoice in the balance.

3.2. In the event of any of the above-stated occurrences, the Company may terminate the agreement in writing. Should the Company proceed with a termination, the Client is responsible for the remaining balance to be fulfilled in the Agreement.

4. NO GUARANTEE

4.1. The Client acknowledges that the Company makes no warranty that our service will guarantee any increase in traffic, sales, business activity, profits, or any other form of improvement for the Client’s business or any other purpose. The Client shall indemnify the Company for any damages or losses arising from or as a consequence of the provision of the Services.

5. PERSONAL DATA HANDLING

5.1. The Client undertakes to handle all personal data in the Website in accordance with the provisions of the Personal Data (Privacy) Ordinance.

5.2. The Client warrants to the Company that it shall indemnify the Company for any breach(es) of personal data privacy claims.

6. PAYMENT TERMS

6.1. The Monthly Fee may be made by the Client to the Company by bank transfer, cheque, or online direct debit via our secure online payment portal. The Company shall commence to provide the Services herein to the Client upon receipt of the Client’s first payment and thereafter the Client shall settle the Monthly Fees within 7 days upon receipt of ongoing invoices issued by the Company. The Company reserves the right to assess and collect late-payment charges of 5% per month on any outstanding balances of the Monthly Fee(s).

6.2. The website/eCommerce Fee must be made by the Client to the Company by bank transfer, cheque, or online direct debit via our secure online payment portal.

  • 50% Initial Invoice: Provided once the project is approved. Payment is required to activate the project.
  • 25% Progress Invoice: Provided once the website is presented for review. Payment is required within 7 days.
  • 25% Final Invoice: Provided upon final website approval. Payment is required prior to launch.

7. REFUNDS AND CREDITS

7.1. There are no refunds available on services provided by the Company once payment is affected by the Client. There is also no credit transferred unless the Company agrees.

8. JURISDICTION

8.1. Any agreement to engage the Services of the Company is made in accordance with Australian laws and regulations. The Services are considered entered into under the jurisdiction of the State of NSW, Australia. If any dispute arises between the Company and the Client, both parties irrevocably submit to the jurisdiction of the courts of the State of NSW, Australia.

9. NON-SOLICITATION OF EMPLOYEES

9.1. The Client shall not offer any form of employment to the Company’s current and past staff whilst using the Company’s services, or within 12 months of ceasing the Company’s services at any time during the Term hereof to the expiry of twelve (12) months after the date of termination of this Agreement employ or attempt to employ any person who is, or shall at any time between the date hereof and the date of such termination be, one of the Company’s employees engaged in providing the Services.

10. REVISIONS

10.1. The client acknowledges that they will be limited to 2 rounds of revisions for all services. This includes, but is not limited to, target keyword approvals, content approvals, ad copy approvals, landing page design approvals. Any additional revisions past 2 rounds will be charged at $190 + GST per hour. Additional charges will need to be quoted by the company and confirmed by the client before proceeding with the third round of revisions.

10.2. The client acknowledges that every round of revisions will be accompanied by delays in pushing the respective service/services live due to the provision of services.

11. DEFAMATION AND DISPARAGEMENT

11.1. The customer must refrain from making any statements or comments of a defamatory or disparaging nature (in circumstances where those views are not honestly and genuinely held) to any third party, including on social media or any websites on the internet, in relation to the company or any company personnel except as required to comply with any law.

By using our services, you acknowledge and agree to these Terms and Conditions. If you have any questions or concerns, please contact us at support@tahamionline.com.

12. WEBSITE

12.1. SCOPE & TIMINGS

TAHAMI ONLINE™ provides quotations based on your website/eCommerce scope and functionality requirements. Quotations are valid for 15 days and depend on the project commencing within 15 days of approval. We reserve the right to re-quote if these conditions are not met or if there are changes to scope or functionality.

12.2. WEBSITE PROCESS

We offer T6 website build framework based on a detailed client brief. Websites are designed and built on a staging environment before being presented for review/approval. Unless specifically outlined in your quotation, we do not produce wireframes, mockups, or multiple design variations.

12.3. ECOMMERCE PROCESS

We offer T9 eCommerce build framework based on a detailed client brief. eCommerce websites are designed and built on a staging environment before being presented for review/approval. Unless specifically outlined in your quotation, we do not produce wireframes, mockups, or multiple design variations.

12.4. WEBSITE REVISIONS

Your website quotation includes a set number of website revisions and a final round of text amendments to ensure prompt website launch. We reserve the right to re-quote if there are changes to this process beyond our control (such as additional rounds of revisions or additional meetings).

12.5. WEBSITE PLATFORM

  • WordPress: We utilise WordPress for its flexibility and extensive customisation options. Using themes and page builders like DIVI, Elementor, Astra, and Shoptimiser, we create tailored website designs that meet specific client needs. For instance, WordPress also allows for the integration of various plugins and third-party platforms such as WooCommerce for eCommerce functionality, Gravity/WP Forms for custom forms, PayPal/Woo/Stripe for payment processing, and Mailchimp for email marketing.
  • Shopify: For clients seeking a robust eCommerce solution, we build websites on Shopify. Shopify is known for its user-friendly interface, powerful eCommerce features, and reliable hosting. We use Shopify themes and apps to create a seamless online shopping experience. Shopify’s extensive app marketplace allows for integration with various third-party services, enhancing functionality and providing additional features such as advanced analytics, inventory management, and customer relationship management.
  • Customisation and Integration: Whether built on WordPress or Shopify, our websites are designed to be fully responsive and optimized for modern mobile devices and major web browsers. We ensure that each site is tailored to meet the unique requirements of our clients, incorporating necessary plugins and third-party platforms to extend functionality and improve user experience.

12.6. MOBILE & BROWSER SUPPORT

Our websites are mobile responsive, meaning the design dynamically responds to the dimensions of the device/browser. This does not mean a unique layout is built for every page/device/breakpoint. If clients require different page designs depending on device type, we will provide an additional quotation. Our websites are built with cross-browser support and optimized for modern mobile devices and major website browsers, including Apple (Safari/iOS), Google (Chrome/Android), Microsoft (Edge), and Firefox.

12.7. WEBSITE CONTENT

We require final client-approved website content before the project design phase commences. Website content is the client’s responsibility and must be supplied as individual Word documents containing relevant images, photos, logos, branding files, and SEO (metadata) and shared via Dropbox, SharePoint, or Google Drive. Handwritten or scanned website copy will not be accepted. Videos must be uploaded to the client’s YouTube or Vimeo accounts. Unless specifically stated in the website quotation, our websites do not include any copywriting, SEO research & optimisation, or video production.

12.8. PROJECT ALTERATIONS

Any website alterations made during the course of the project (such as additional rounds of changes, pages, stock images, or functionality) may incur additional costs. We will notify clients of the impact of alterations and extra costs for full transparency. These costs must be approved prior to further work.

12.9. PROJECT DELAYS

In cases where there are significant client-side delays, a final invoice will be issued 30 days after the website is presented for review or 30 days after the initial 50% invoice, whichever comes first.

12.10. PROJECT CANCELLATION

We will provide a refund less an administration fee of 15% if cancelled within 30 days of payment and prior to a website planning meeting. No refund will be provided if the cancellation occurs after the website planning meeting.

12.11. WEBSITE HOSTING AND SUPPORT TERMS

We provide website support and maintenance plans on a rolling month-to-month basis for clients with no locked-in fixed-term contracts.

12.12. WEBSITE HOSTING SUPPORT

We highly recommend this service as it includes Phone & Email Website Support, Software Updates (WordPress/Theme/Plugins), Premium Theme/Plugin Licenses, Daily Website Backups (Stored for 30 days), SSL certificates (CloudFlare and Let’s Encrypt), Security & Uptime Monitoring, Server Level Caching, and Firewalls. However, we do not provide support for email hosting services; instead, we recommend business-grade cloud-based email solutions such as Microsoft 365 or Google Workspace.

12.13. WEBSITE SUPPORT

Hosting clients have exclusive access to phone (1300 710 677) and email support (support@tahamionline.com) between 9am to 5pm Mondays to Fridays (excluding Public Holidays and Christmas/New Year period). Support includes general website help for WordPress, DIVI & Elementor via verbal, written or video instructions and/or performing minor edits/changes. Support response time is typically within 1-2 hours; however, during peak times, this may increase to 12-24hr response time. Support time is tracked and measured in 15-minute increments and is limited to the hours specified in each website hosting, support and maintenance plan. Support hours restart each calendar year on the 1st of January.

12.14. SUPPORT EXCLUSIONS

We do not provide support for any 3rd party platform outside of the website itself (including Google Search Console, Google Analytics, PayPal, Facebook, Mailchimp, Hubspot, Salesforce, etc.) or general IT/technical support (including Email, Phones, Computers, and the Internet).

12.15. ADDITIONAL/ADHOC SUPPORT

We understand some clients require more support than others and may, from time to time, reach and exceed their included annual support hours. We will notify each client once the allocated support hours are exceeded. Any additional support will be charged in 15-minute increments at our current client support hourly rate, billed quarterly upon use. We do not provide quotes for small ongoing support tasks under 1hr. We can create a tailored customer plan for clients who wish to have many more hours per year.

12.16. WEBSITE MAINTENANCE

We perform WordPress/Plugins/Themes updates every few months strategically based 15 to 30 days or more after major WordPress releases. This allows Plugins/Themes developers time to provide updates in line with WordPress releases. These updates are performed manually and are visually cross-checked for any obvious discrepancies. In certain cases, staging sites are utilized for testing purposes before deploying live. In addition, we run daily security scans for any known vulnerabilities and apply automatic Theme and Plugin updates for any known vulnerabilities.

12.17. WEBSITE SECURITY

We deploy a wide range of security measures as best practices to prevent your website from being exploited. In the unforeseen event that your website has been exploited, we will work with you to scan/clean and restore a working version of your website.

12.18. CYBER SECURITY, HACKED WEBSITE, OR BLACKLISTED EMAILS

If a client experiences a cyber security issue such as a hacked or corrupted website or emails being added to a blacklist, we will assist in the investigation and work to see if we can aid in resolving the issue. Resolving incidents like this is not included as general website support. Time spent will be tracked and charged at our hourly client support rate. In many incidents, a client’s IT team may need to assist.

12.19. WEBSITE SOFTWARE LICENSES

Our clients receive coverage of our group Theme/Plugin licenses free of charge and proudly feature a small TAHAMI ONLINE™ logo at the bottom of the footer as this is our way of showing the world how proud we are to have built the website. If additional Themes/Plugins are required, some may attract additional setup costs and annual licenses.

12.20. WEBSITE TRAFFIC & ADDITIONAL STORAGE

If a client’s website monthly traffic or storage demands exceed that of the amount outlined in their specific plan, we reserve the right to provide a quotation to cover these additional requirements.

12.21. WEBSITE ACCESS

For security best practices, clients are granted Editor-level access to their websites enabling them to easily add, edit, and delete pages or content. However, we remain the sole Administrator for the website. Unless requested in writing, we do not grant Administrator or Hosting level access to clients or 3rd parties.

12.22. WEBSITE HOSTING LIABILITY

We neither own nor control any hosting company and are not responsible for any website downtime, or related costs or damages associated with the website being down for any period. We will work closely with them to rectify any issues promptly.

12.23. WEBSITE SOFTWARE LIABILITY

We neither own nor control WordPress, Themes, Page Builders, Plugins, or 3rd party platforms and are not responsible for any disruption, data loss, limitations, or inconvenience caused by these providers. We will work closely with the client and attempt to resolve any issues or report them to the respective developers/providers. We do not provide unlimited bug fixes; time spent resolving incidents is allocated as support time and deducted from the annual support allowance for each client. We do not support out-of-date or abandoned Themes, Plugins, mobile devices, or website browsers.

12.24. CUSTOM DEVELOPMENT LIABILITY

We guarantee Custom Development work upon launch but cannot guarantee nor be held responsible for any Custom Development work that breaks or stops working overtime as a result of software updates to Browsers, Devices, WordPress, Themes, and Plugins. We are not responsible for any disruption, data loss, or inconvenience caused as a result, nor any additional costs involved with fixing the Custom Development work.

12.25. DAMAGE OR LOSS

We are not liable for any damage or loss caused to a website or the content that appears on your website once the website is launched or has been handed over to the client.

12.26. CANCELLATION OF WEBSITE NOTIFICATION

We require 30 days’ notice should a client request to cancel or release their website. Clients must acknowledge the transfer of responsibilities and termination of ongoing web hosting services & support upon release. We will facilitate the transfer of any domain names, remove all plugin licenses, and provide the client with a website backup (core & database files). It is the responsibility of the client to set up new website hosting, arrange the transfer of their domain, and migrate the website. Our services and ongoing monthly auto-debits will remain active until the client officially notifies us to terminate all services. We are neither responsible for the migration of the website nor for any data loss during this process.

12.27. WEBSITE MIGRATION

Should we be required to perform a website migration onto an external website hosting provider, a fee of $990 incl GST will be raised prior to performing the migration. We require 30 days’ notice to perform the migration and are not responsible for setting up the new website hosting environment, the Domain Name Transfer, DNS Record Updates, Zone, or Email records.

12.28. WEBSITE OWNERSHIP

Upon receipt of final payment, the website’s structure, design, and content (images and text) are owned by and are the intellectual property of the client. Any royalty-free images purchased during the project may be used by the client, but the intellectual property of these remains with the photographer and image library from where it was purchased.

12.29. THEME AND PLUGIN LICENSES

Each website’s theme and premium plugin licenses are owned by TAHAMI ONLINE™ and are not the intellectual property of the client nor transferable. Clients can always purchase their own licenses if they choose to and will be required to do so if they request to release their website.

12.30. DOMAIN NAME OWNERSHIP

We can manage domain names for many of our clients, however legally each and every domain name remains the property of our clients who are the rightful Business Number holders of their business. Should any client wish to be released, we agree to assist in releasing the domain name(s) free of charge.

13. SEARCH ENGINE OPTIMISATION (SEO)

The following terms relate to the supply of search engine optimisation (SEO) services (“the Services”) by TAHAMI ONLINE™ (“the Company”) to the Client for the Website.

The Company agrees to provide the Client with the Services and is authorised by the Client to use the Key Phrases to attempt to improve the ranking and/or positioning of the Website within the Search Engines.

The Client acknowledges and agrees that:

  1. If the services provided are delayed and are not a result of fault(s) on the part of the Company, no refund or compensation will be offered to the Client.
  2. In the event that the Client fails to provide the Company with the correct access (FTP/cPanel/CMS and others relevant to the website) logins to the Website or communicate these details within one month of this Agreement, the Client agrees that the Company will provide onsite SEO as a separate document with instructions for the Client or a nominated representative (such as a developer) to upload.
  3. The Client warrants to the Company that the Key Phrases and/or contents of the Website do not and will not violate any law or regulation.
  4. The Client warrants to the Company that it has not received any written notice or claim, and that the Key Phrases and/or the contents of the Website do not infringe, interfere, violate or misappropriate the intellectual property rights of any other party.
  5. If the Company notifies the Client in writing of a claim or cause of action against the Company that any of the contents of the Website infringes a presently existing intellectual property right of a third party, the Client shall indemnify and defend such claim or cause of action at its own expenses and pay any costs or damages, including but not limited to all legal costs and disbursements which may be reasonably incurred or finally awarded against the Company.
  6. The guarantee made by the Company in the SEO Performance Guarantee table does not apply in the following circumstances:
    • If changes are made to the Website by other parties than the Company that adversely affect the search engine rankings of the Website (as determined by the Company).
    • If the Website is offline due to a reason not caused by the Company.
  7. If the Company does not reach the stipulated guarantees/milestones at no fault of the Client (the Company has full website access and the Client site has never been offline), the Company shall work for free for no more than 90 days after the contract term is completed.
    • The guarantee begins from the day the Company uploads SEO copy to the Client’s website. All organic rankings (including map rankings) will contribute towards the negotiated 1st page ranking milestones. The guarantee is void if the Company’s changes are overwritten or lost by the Client.
  8. The Client acknowledges that the Company makes no warranty that SEO will generate any increase in sales, business activity, profits, or any other form of improvement for the Client’s business or any other purpose. No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or because of the provision of the Services.

14. PAID MEDIA: PAY PER CLICK (PPC) & PAID SOCIAL

The following terms relate to the offer to supply Pay-Per-Click (PPC) / digital advertising / social media advertising / Paid Social / Facebook/Instagram Advertising / LinkedIn Advertising / Yahoo Bing Advertising services (“the Services”) by TAHAMI ONLINE™ (“the Company”) to the Client for the Website.

The Company agrees to provide the Client with the Services and is authorised by the Client to use the Key Phrases to manage and attempt to improve the performance of the Client’s advertising campaign(s) within the Search Engine and/or managing digital advertising on other platforms, including but not limited to Google, Bing/Yahoo, Facebook, LinkedIn, and WeChat.

For the purposes of providing these services, the Client agrees to provide, where applicable:

  1. Google Ads, Google Search Console, Facebook Business Manager, LinkedIn Ad Manager, and Google Analytics access.
  2. If applicable, suggested keywords for ad targeting, as well as ad copy suggestions and creative assets, are shared with the Company by the Client. The Client warrants that the Client has the unrestricted legal and/or trademark and patent rights to use the assets provided to the Company for digital advertising purposes in all the territories and/or countries targeted via digital ads. The Client also confirms that the Company has the right to act as an agent of the Client deploying said creative assets via digital advertising. If any of the creative assets provided by the Client to the Company can, for whatever reason, no longer be used in digital advertising, it is the sole responsibility of the Client to promptly inform the Company in writing via letter or official Company email. If the Company has produced creative assets (ads) for the Client (to be used in digital advertising promoting the Client’s products or services), the Client will take the sole responsibility for promptly pointing out to the Company (in writing via official Company email addresses) any reasons as to why said creative assets cannot be used/run in digital advertising. These reasons include but are not limited to the use of non-approved brand language, the use of non-approved brand visuals or imagery, and the use of non-approved corporate identity. It is the sole responsibility of the Client to share brand guidelines, as well as lists of ‘non-brand approved’ terminology and jargon at the beginning of the cooperation between the Client and the Company.
  3. The Company warrants that its own creative work (assets created for ads and copywriting for ads) is original and that it will not knowingly or negligently infringe the rights or intellectual property of a third party. It is the Client’s sole responsibility to make all appropriate searches or enquiries in this regard at the appropriate time prior to the start of all work to be completed by the Company. Beyond the scope of this warranty, the Company shall have no liability to the Client in respect of any infringement or alleged infringement of intellectual property of any third party or passing off.
  4. The Client acknowledges the following with respect to services:
  • The Company has no control over the policies of search engines with respect to the type of ads that are being served on the search engine and/or advertising platform and/or the sites and/or content that they accept now or in the future. The Client’s site and keywords may be excluded from any website or search engine results page at any time at the sole discretion of the search engine and/or advertising platform.
  • It is the sole responsibility of the Client to inform the Company of keywords that should, for whichever non-performance related reason, categorically be excluded from targeting.
  • Media spend can be paid to Google, Bing/Yahoo, Facebook, LinkedIn, WeChat, or any other advertising platform directly by the Client. The Company can pay on behalf of the Client, once the Client has prepaid the Company’s invoice which includes media spend.
  1. The Client acknowledges that the Company makes no warranty that digital ads will generate any increase in sales, business activity, profits, or any other form of improvement for the Client’s business or any other purpose. If performance goal-related bonus components are mutually agreed by the Company and the Client, the Company will make reasonable efforts towards achieving said performance-related goals. This, however, does not warrant any guarantees that performance goals can and/or will be achieved.
  2. No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or because of the provision of the Services.
  3. The Client acknowledges that the Company will invoice service fees for managing ads on Google, Bing/Yahoo, Facebook, LinkedIn, WeChat, or any other advertising platform as per the stipulations outlined in the service agreement. In cases where service fees are not stipulated in the service agreement, the following fee structure applies:
  • When monthly click spend is between AUD$10,000 and AUD$15,000, the Client’s monthly service fee will amount to 19% of total media spend (click spend).
  • When monthly click spend is between AUD$15,001 and AUD$25,000, the Client’s monthly service fee will amount to 17% of total media spend (click spend).
  • When monthly click spend is between AUD$25,001 and AUD$40,000, the Client’s monthly service fee will amount to 15% of total media spend (click spend).
  • When monthly click spend is AUD$40,001 and above, the Client’s monthly service fee will amount to 13% of total media spend (click spend).
  1. The Client acknowledges that the Company will provide an agreed, set number of ad variations for the Client’s approval (this includes ad copies as well as creative assets used in digital advertising). Unless otherwise agreed by the parties, the standard ad revision is one round per ad. Subject to prior written Client approval, any further rounds of revisions for a particular ad variation may incur an additional fee that will be added to the Client’s next invoice. Such additional fees need to be approved by the Client before the subsequent rounds of revisions are executed by the Company.

15. SOCIAL ADVERTISING

The following terms relate to the offer to supply Social Media Advertising services (“the Services”) by TAHAMI ONLINE™ (“the Company”) to the Client for the Website.

The Company agrees to provide the Client with the Services and is authorised to use Social Media Advertising to manage and attempt to improve the performance of the Client’s advertising campaigns within the agreed-upon channel.

For the purposes of providing these services, the Client agrees to provide, where applicable: channel page login details and copy suggestions for ad creation.

The Client acknowledges the following with respect to services:

  1. The Company has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future.
  2. Targeting selected for the channel is at the discretion of the Company.
  3. Media spend can be paid to Google, Facebook, Instagram, LinkedIn, or WeChat directly by the Client, or the Company can pay on behalf of the Client, once the Client has prepaid the Company’s invoice which includes media spend.

The Client acknowledges that the Company will provide an agreed, set number of ad variations for the Client’s approval. Unless otherwise agreed by the parties, the standard ad revision is one round per ad. Any further rounds of revisions for a particular ad variation may incur an additional fee that will be added to the Client’s next invoice. The fee will need to be disclosed by the Campaign Manager to the Client and will need to be approved by the Client before the subsequent rounds of revisions are executed.

16. LANDING PAGE

The following terms relate to the offer to supply Landing Page Design & Development services (“the Services”) by TAHAMI ONLINE™ (“the Company”) to the Client for the Website.

The Company agrees to provide the Client with the Services including:

  1. A custom-designed landing page.
  2. One round of minor design revisions.
  3. Up to 300 words of copy (unless provided by the Client).

The Company agrees to complete the Services within 14 business days if the Client provides necessary approvals within 24 hours. The Client agrees that any delays in design, development, and content approval will result in overall project delays.

For the purposes of providing these services, the Client agrees to provide, where applicable: channel page login details, copy suggestions, images, branding files, and documents.

The Client acknowledges the following with respect to services:

  1. The Company has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future.

No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or because of the provision of the Services.

17. CONTENT WRITING

The following terms relate to the offer to supply Premium Content Writing services (“the Services”) by TAHAMI ONLINE™ (“the Company”) to the Client for the Website.

The Company agrees to provide the Client with the Services including:

  1. A dedicated Content Writing Specialist.
  2. One round of minor revisions.

The Company agrees to complete the Services within the agreed-upon turnaround time, as per the signed Service Agreement between the Client and the Company, if the Client provides necessary approvals and amendments within 3 business days.

For the purposes of providing these services, the Client agrees to provide:

  1. A completed content questionnaire with proper detail.
  2. Copy samples and suggestions.
  3. Approval of content within 10 business days.
  4. Images (where applicable).
  5. Branding files (where applicable).
  6. Channel page login details (where applicable).

The Client acknowledges the following with respect to the Services:

  1. The Company has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future.
  2. The Company has permission to upload the content, should the Company have relevant access and the Client does not provide approval within the agreed 10 business days.

No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or because of the provision of the Services.

18. REPUTATION MANAGEMENT

The following agreement relates to the supply of Online Reputation Management (ORM) services (“the Services”) by TAHAMI ONLINE™ (“the Company”) to the Client for the Campaign.

The Company agrees to provide the Client with the Services and is authorised to optimise the business profiles and microsites which are used in the campaign for the purposes of increasing the ranking for selected key phrases and the goal of demoting ‘offending and negative sites’ on page 1 of Google.

For the Company to provide the Services, the Client agrees to provide correct access and other necessary logins to the Website for uploading, title tags, meta tags, and making changes to content and source code for the purpose of optimization.

The client acknowledges and agrees that:

  1. The Company has no control over the policies of the Search Engines with respect to the type of sites and/or content that they accept now or in the future.
  2. The Client acknowledges that the Company makes no warranty that Reputation Management will generate any increase in sales, business activity, profits, or any other form of improvement for the Client’s business.
  3. Services are due payment under all circumstances, including if any of the following situations occur which may disrupt the efforts and work provided by the Company:
  • If changes are made to the website(s) and/or backlinks are built to the website by other parties that adversely affect the services provided by the Company.
  • If work is delayed through no fault of the Company.
  • If the Website(s) is offline due to a reason not caused by the Company.
  • If Google releases an algorithm update and changes suggested by the Company are not implemented by the Client.
  • If work is delayed through no fault of the Company.

Any guarantees made by the Company do not apply in the following circumstances:

  1. If changes are made to the Website(s) by parties other than the Company that adversely affect the search engine rankings of the Website (as determined by the Company).
  2. If the Website(s) are offline due to a reason not caused by the Company.

If the Company does not reach the stipulated guarantees or milestones, at no fault of the Client (the Company has full website access and the Client’s site has never been offline), the Company shall work for free for no more than 90 days after the contract term is completed.

The guarantee begins from the date of payment. All guarantees are void if any changes by the Company are overwritten or lost by the Client.

Early Termination: Either party may terminate this agreement by giving each other one month’s written notice before the expiry of the term. If the Client terminates the Company’s Services during the period covered by this contract, the Client agrees that it shall be liable for and shall pay the Monthly Fee for the balance remaining of the contract.

There are no refunds available on services provided by the Company.

Definitions:

  1. Reputation Management: Providing work to reduce the impact of ‘offending sites’ made by third parties against the Client.
  2. Offending sites: A website, blog post, or article deemed as harmful to the Client’s online reputation.
  3. Negative Keyword: The key phrases used as search terms which produce the ‘offending sites’ deemed harmful to the Client’s reputation.

19. BRANDING

The following terms relate to the offer to supply branding services (“the Services”) by TAHAMI ONLINE™ (“the Company”) to the Client.

The Company agrees to provide the Client with the Services, which may include brand strategy, logo design, visual identity development, brand guidelines, and other related branding services as agreed upon in the Service Agreement.

Scope of Services

  • Brand Strategy: Development of a comprehensive brand strategy including market research, target audience analysis, brand positioning, and messaging.
  • Logo Design: Creation of custom logo designs based on Client’s requirements. Includes initial concepts and up to three rounds of revisions.
  • Visual Identity Development: Design of visual elements such as colour schemes, typography, and imagery that reflect the brand’s identity. Includes initial concepts and up to three rounds of revisions.
  • Brand Guidelines: Creation of a brand guidelines document that outlines the usage of the brand’s visual and verbal identity, including logo usage, colour palette, typography, imagery, and tone of voice.
  • Other Branding Services: Additional services as agreed upon, which may include marketing collateral design, packaging design, digital assets creation, and more.

Client Responsibilities

  • Provision of Information: The Client agrees to provide all necessary information, including business background, target audience details, existing brand materials, and any other relevant information required for the Company to perform the Services.
  • Feedback and Approvals: The Client agrees to provide timely feedback and approvals as required to ensure the project progresses according to the agreed timeline. Delays in feedback may result in project delays.

Revisions

  • Included Revisions: The Services include a set number of revisions (typically three) for each deliverable (e.g., logo, visual identity elements). Additional revisions beyond the included rounds may incur extra fees, which will be quoted and must be approved by the Client before proceeding.
  • Additional Revisions: Any additional revisions beyond the included rounds will be billed at an hourly rate or as per an agreed-upon fee. These fees must be approved by the Client before the additional work is undertaken.

Intellectual Property

  • Ownership: Upon full payment of all fees, the Client will own the final deliverables created by the Company. The Company retains the right to showcase the work in its portfolio and promotional materials unless otherwise agreed in writing.
  • Third-Party Materials: Any third-party materials used in the creation of the deliverables (such as stock images, fonts, etc.) will be licensed appropriately, and the cost of such materials will be included in the project fees unless otherwise specified.

Confidentiality

  • Confidential Information: Both parties agree to keep all confidential information shared during the project confidential and not disclose it to any third party without prior written consent.