Terms & Conditions | TM Digital Biz Services

1. Introduction

Welcome to the website of TM Digital Biz Services.

These Website Terms & Conditions (“Terms”, “Terms and Conditions”) govern your access to and use of www.tmdigitalbizservices.com (the “Website”) and any content, features, forms, resources, products, services, or other functionality made available through the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, you should discontinue use of the Website.

These Terms apply to all visitors, prospective clients, clients, customers, subscribers, and other users of the Website.

Where you separately engage TM Digital Biz Services for professional services, purchase a digital product, book a consultation, or enter into another written agreement with us, additional terms may apply. Where there is a conflict between these Website Terms and a specific written agreement or purchase terms applicable to that transaction, the specific agreement or applicable purchase terms will take precedence.

2. Who We Are

The Website is operated by:

TM Digital Biz Services
Private Company Limited by Shares
CAC Registration Number: 9677847

Website: www.tmdigitalbizservices.com
Email: info@tmdigitalbizservices.com
Phone/WhatsApp: 07015060410

Business Address:
Nigeria.

In these Terms, “TM Digital Biz Services”, “TM Digital Biz”, “we”, “us”, and “our” refer to the company.

“You” and “your” refer to any person accessing or using the Website.

3. Definitions

For purposes of these Terms:

“Website” means www.tmdigitalbizservices.com and its pages, subpages, forms, resources, and related digital functionality operated by us.

“Services” means the professional services offered by TM Digital Biz Services, including, where applicable, social media management, digital marketing, advertising, digital strategy, consulting, training, business support, content strategy, social media audits, page management, creative services, and related services.

“Digital Products” means digital courses, educational materials, templates, guides, resources, downloads, recordings, webinars, or other digital products that may be offered for purchase or access.

“User Content” means any text, image, video, testimonial, review, feedback, document, information, or other material submitted, uploaded, or provided by you through the Website or in connection with our services.

“Third-Party Services” means platforms, websites, software, payment providers, scheduling systems, communication platforms, advertising platforms, analytics services, or other services operated by third parties.

4. Acceptance of These Terms

By using the Website, you confirm that:

You have read and understood these Terms;
You agree to comply with these Terms and applicable laws;
You have the legal capacity to enter into these Terms;
Any information you provide to us is accurate and not knowingly misleading; and
You will not use the Website for any unlawful, fraudulent, abusive, or prohibited purpose.

If you are accessing the Website on behalf of a company, organisation, or other legal entity, you confirm that you have the authority to bind that entity to these Terms.

5. Use of the Website

You may use the Website for legitimate purposes, including:

Learning about TM Digital Biz Services and our services;
Making enquiries;
Requesting quotations or proposals;
Applying for available services;
Booking consultations where booking functionality is available;
Purchasing available digital products or resources;
Accessing free resources;
Subscribing to communications;
Contacting us;
Reading educational and informational content; and
Otherwise interacting with the Website for its intended purposes.

You must not use the Website to:

Violate any applicable law or regulation;
Commit fraud or facilitate fraudulent activity;
Impersonate another person or organisation;
Submit false, misleading, or fraudulent information;
Attempt to gain unauthorised access to our systems;
Introduce malicious code, malware, viruses, or other harmful material;
Interfere with the operation or security of the Website;
Scrape, crawl, copy, reproduce, or systematically extract Website content without permission;
Attempt to bypass security, access restrictions, or technical controls;
Use automated systems in a manner that places unreasonable demands on the Website;
Infringe our intellectual-property rights or the rights of others;
Upload unlawful, defamatory, discriminatory, abusive, obscene, or infringing material; or
Use the Website in a manner that could damage TM Digital Biz Services, its reputation, systems, users, or business relationships.

We reserve the right to restrict, suspend, or terminate access to the Website where we reasonably believe these Terms have been breached.

6. Information on the Website

We make reasonable efforts to ensure that information published on the Website is accurate and useful.

However, Website content may include general educational, strategic, marketing, business, or informational material and may not always reflect the most recent developments, platform changes, pricing, availability, or circumstances.

Information on the Website should therefore not automatically be treated as a personalised professional recommendation, legal advice, financial advice, accounting advice, or other regulated professional advice.

Where you require advice specific to your business, circumstances, industry, legal obligations, or financial position, you should obtain appropriate professional advice.

7. Our Services

TM Digital Biz Services provides digital marketing, social media management, strategy, advertising, training, consulting, and related business support services.

Services described on the Website are subject to availability and may change from time to time.

A description of a service on the Website does not by itself create a contract for the provision of that service.

A professional client relationship is established only when TM Digital Biz Services has accepted the engagement and the applicable proposal, quotation, contract, statement of work, invoice, or other engagement documentation has been agreed as required.

We reserve the right to:

Modify our service offerings;
Change service packages;
Change pricing;
Decline an engagement;
Limit availability;
Introduce new services; or
Discontinue services.

Where a client has already entered into a separate written agreement with us, that agreement will govern the applicable engagement.

8. Enquiries, Quotations and Proposals

Submitting an enquiry through the Website does not automatically mean that TM Digital Biz Services has accepted your request or agreed to provide services.

Where appropriate, we may review your requirements and provide a proposal, quotation, scope of work, or other engagement document.

Unless expressly stated otherwise, quotations and proposals may be subject to:

The scope of work;
Availability;
Timelines;
Required client cooperation;
Third-party platform conditions;
Applicable taxes, charges, or expenses; and
The terms of the applicable client agreement.

A quotation or proposal will become binding only in accordance with the terms stated in that quotation, proposal, contract, or other applicable agreement.

9. Client Responsibilities

Where you engage us for professional services, you agree to provide information, materials, approvals, access, feedback, and other cooperation reasonably required for us to perform the agreed services.

You are responsible for ensuring that information and materials supplied to us are accurate and that you have the necessary rights and permissions to provide them.

Where our work depends on information, approvals, account access, content, payment, or other actions from you, delays caused by your failure to provide them may affect delivery timelines.

Unless otherwise agreed in writing, TM Digital Biz Services is not responsible for delays or failures resulting directly from incomplete, inaccurate, delayed, or unavailable client information, approvals, access, materials, or instructions.

10. Digital Products and Resources

We may offer digital products and resources through the Website or through third-party platforms.

These may include:

Courses;
Templates;
Guides;
E-books;
Checklists;
Training materials;
Webinars;
Recordings;
Educational resources; and
Other digital products.

Digital products are supplied for the purchaser's personal or authorised organisational use, subject to the applicable purchase terms.

Unless expressly permitted, you must not:

Resell the product;
Redistribute it;
Share paid access credentials;
Upload it to unauthorised platforms;
Repackage it for commercial distribution;
Claim authorship of the material;
Remove copyright or ownership notices; or
Make the product available to persons who have not purchased or otherwise been authorised to access it.

Access rights may be withdrawn or suspended where we reasonably believe that a purchaser has engaged in unauthorised sharing, redistribution, fraud, or other material breach of applicable terms.

Where a digital product is delivered through a third-party platform, that platform's applicable terms may also apply.

11. Training and Educational Content

Our educational content is provided for informational and learning purposes.

Participation in a course, class, webinar, masterclass, mentorship programme, or other educational offering does not guarantee:

Employment;
Business growth;
Revenue;
Profit;
Client acquisition;
Social-media growth;
Follower growth;
Advertising performance;
A particular return on investment;
Certification by a third party; or
Any specific professional or financial outcome.

Results depend on numerous factors, including implementation, market conditions, industry, skill level, resources, consistency, competition, platform changes, and individual circumstances.

12. Payments

Where payments are required for services, products, consultations, or other offerings, the applicable payment amount and payment terms will be communicated through the relevant checkout page, quotation, invoice, proposal, contract, or purchase terms.

Payments may be processed through third-party providers, which may include Paystack, Flutterwave, Selar, or other payment platforms made available by us.

We do not ordinarily receive or store your complete payment-card details where those details are processed directly by a third-party payment provider.

Your use of a third-party payment provider may also be subject to that provider's own terms and privacy practices.

You are responsible for providing accurate payment information and ensuring that you have authority to use the payment method provided.

13. Prices, Fees and Taxes

Prices displayed on the Website may be changed from time to time.

Unless expressly stated otherwise, prices may not include third-party charges, applicable taxes, transaction fees, currency-conversion charges, or other costs that may arise in connection with a transaction.

The price applicable to a particular purchase or engagement will generally be the price communicated at the point of purchase or stated in the applicable quotation, invoice, proposal, or agreement.

Where a transaction is denominated in a currency other than Nigerian Naira, the final amount charged may be affected by the payment provider, financial institution, exchange rate, or other applicable charges.

14. Cancellations and Refunds

Cancellation and refund rights may differ depending on the nature of the service or product.

For professional services, the applicable client contract, proposal, invoice, or engagement terms will govern cancellation, termination, and refund arrangements.

For digital products, the applicable purchase page, checkout terms, product-specific refund policy, or third-party platform terms will govern any applicable cancellation or refund rights.

Nothing in these Terms is intended to remove or restrict any rights or remedies that cannot lawfully be excluded under applicable law.

15. Consultations and Appointments

Where consultation or meeting bookings are available through the Website, bookings may be facilitated through third-party scheduling platforms such as Calendly or another scheduling service.

A booking request does not necessarily create an ongoing professional engagement.

Where a consultation is provided subject to a fee, the applicable payment and cancellation terms will be communicated before or during the booking process.

We reserve the right to reschedule or cancel an appointment where reasonably necessary. Where appropriate, we will communicate the change and provide an alternative arrangement.

16. Third-Party Platforms and Services

The Website may integrate with or link to third-party platforms, including but not limited to:

Google services;
Meta platforms;
WhatsApp;
Calendly;
Paystack;
Flutterwave;
Selar;
Mailchimp;
Social-media platforms;
Advertising platforms; and
Other technology, payment, communication, scheduling, analytics, or marketing providers.

Third-party platforms are independently operated and may have their own terms, privacy policies, security practices, availability, pricing, and technical requirements.

TM Digital Biz Services does not control third-party platforms and is not responsible for their independent operation, content, policies, security incidents, outages, changes, or decisions.

Your use of those platforms may therefore be subject to their respective terms and policies.

Where our services involve platforms such as Facebook, Instagram, Google, TikTok, LinkedIn, X, YouTube, or other third-party platforms, you acknowledge that those platforms are independently controlled by their respective operators.

Platform algorithms, policies, advertising rules, technical systems, account restrictions, outages, review processes, content policies, and other external factors may affect campaign or social-media performance.

We do not guarantee:

A particular number of followers;
A particular reach or engagement level;
A specific number of leads;
A specific number of sales;
Advertising approval;
Advertising costs;
Search rankings;
Account verification;
Platform recommendations;
Viral content;
Revenue;
Profit; or
Any particular return on advertising spend.

Where we manage advertising on your behalf, our obligations will be those specifically agreed in the applicable client agreement.

18. Intellectual Property

Unless otherwise stated, the Website and its contents are owned by or licensed to TM Digital Biz Services.

This includes, where applicable:

Website design;
Text;
Branding;
Logos;
Graphics;
Images;
Videos;
Educational materials;
Templates;
Guides;
Frameworks;
Original strategies;
Downloads;
Digital products;
Software elements;
Layouts; and
Other original content.

These materials are protected by applicable intellectual-property laws.

You may access and use Website content for personal or legitimate business-information purposes.

Unless we expressly permit it in writing, you must not reproduce, republish, distribute, modify, sell, license, commercially exploit, or create derivative works from our protected content.

Nothing in these Terms transfers ownership of our intellectual property to you.

19. Client Materials and Project Work

Where a separate client agreement specifies ownership or licensing rights in deliverables created for a client, that agreement will govern.

Client-owned materials remain the property of the client.

You represent that you have the necessary rights, permissions, licences, or authority to provide materials to us for use in performing the agreed services.

You remain responsible for ensuring that materials you provide do not unlawfully infringe the rights of another person or organisation.

20. User Content, Testimonials and Feedback

If you voluntarily submit a testimonial, review, feedback, photograph, video, case-study information, social-media post, or other content to TM Digital Biz Services, you grant us permission to use that content for legitimate business and marketing purposes where you have expressly provided or otherwise clearly authorised such permission.

Where appropriate, we may identify the person or business associated with the testimonial or case study according to the permission provided.

We will not knowingly represent a testimonial as being from a person or business who did not provide it.

If you provide feedback or suggestions about our services, you acknowledge that we may use such feedback to improve our services without creating an obligation to compensate you, subject to applicable law.

Where specific consent is required for the use of personal data or identifiable content, we will seek that consent in accordance with our Privacy Policy and applicable law.

21. Privacy and Personal Data

Our processing of personal data is governed by our Privacy Policy.

By using the Website, you acknowledge that personal information may be processed as described in our Privacy Policy.

Our Privacy Policy explains, among other things:

The information we collect;
Why we collect it;
How we use it;
Legal bases for processing;
Data-sharing arrangements;
International transfers;
Retention;
Data-subject rights;
Security measures; and
How to contact us regarding privacy matters.

We process personal data in accordance with applicable data-protection requirements, including the Nigeria Data Protection Act 2023 and applicable regulatory requirements.

Our Cookie Policy separately explains the use of cookies and similar technologies.

22. Cookies and Tracking Technologies

The Website may use cookies and similar technologies for functionality, security, analytics, preferences, advertising, or other legitimate purposes.

Where consent is required, we will seek consent through the applicable cookie-consent mechanism.

Our Cookie Policy explains how cookies and similar technologies are used and how users can manage applicable preferences.

The use of cookies and similar technologies is subject to applicable data-protection requirements. Nigeria's current regulatory framework expressly addresses consent for cookies and requires consent to be freely given, informed, and specific where consent is required.

23. Email and Marketing Communications

Where you voluntarily subscribe to our mailing list, download a resource, request information, or otherwise provide appropriate consent for marketing communications, we may send you information relating to:

TM Digital Biz Services;
Digital marketing;
Social media;
Business strategy;
Training;
Courses;
Digital products;
Events;
Resources;
Promotions; and
Relevant company updates.

You may unsubscribe from marketing communications at any time using the unsubscribe mechanism provided in the communication or by contacting us.

Direct marketing will be conducted in accordance with applicable data-protection requirements.

24. Website Availability

We aim to keep the Website accessible and functional, but we do not guarantee that it will:

Always be available;
Operate without interruption;
Be free from errors;
Be completely secure;
Be compatible with every device or browser; or
Remain unchanged.

The Website may occasionally be unavailable because of maintenance, upgrades, technical problems, security incidents, hosting issues, third-party failures, or circumstances beyond our reasonable control.

We may modify, suspend, or discontinue parts of the Website at any time.

25. Security

We take reasonable technical and organisational measures appropriate to the circumstances to protect information and maintain the security of the Website.

However, no internet transmission, website, server, or electronic storage system can be guaranteed to be completely secure.

You are responsible for maintaining the security of any account credentials, passwords, links, documents, or access information provided to you.

You should notify us promptly if you believe your interaction with the Website or any account connected to our services has been compromised.

26. No Guarantee of Results

Digital marketing, social media, advertising, business strategy, content marketing, and related services involve variables outside our control.

Accordingly, unless expressly guaranteed in a written agreement, we do not guarantee any specific:

Business revenue;
Profit;
Number of customers;
Number of leads;
Number of bookings;
Social-media followers;
Reach;
Engagement;
Advertising results;
Conversion rate;
Return on investment;
Search ranking;
Brand visibility; or
Other commercial outcome.

Our services are provided based on the agreed scope, strategy, professional judgement, information available to us, and reasonable efforts.

27. Disclaimers

To the maximum extent permitted by applicable law, the Website and its content are provided on an “as available” basis.

We do not warrant that all information on the Website will always be complete, current, accurate, uninterrupted, or error-free.

We do not guarantee that the Website or any content will meet every user's individual requirements.

Nothing on the Website should be interpreted as a promise of a particular business, financial, advertising, social-media, employment, or commercial result.

Nothing on the Website constitutes legal, accounting, tax, investment, medical, or other regulated professional advice unless expressly stated and provided under an appropriate professional engagement.

28. Limitation of Liability

To the maximum extent permitted by applicable law, TM Digital Biz Services will not be liable for indirect, incidental, consequential, special, exemplary, or punitive losses arising from your use of, or inability to use, the Website.

This may include loss of:

Profits;
Revenue;
Business opportunities;
Data;
Goodwill;
Anticipated savings; or
Other intangible losses.

Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law, including liability that cannot lawfully be excluded or limited.

Where liability may lawfully be limited, our liability will be limited to the extent permitted under applicable law and, where applicable, the terms of the specific contract governing the relevant service or transaction.

29. Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless TM Digital Biz Services, its officers, employees, contractors, and authorised representatives from claims, losses, liabilities, damages, costs, and reasonable expenses arising from:

Your material breach of these Terms;
Your unlawful use of the Website;
Your violation of another person's rights;
Materials or information you provide to us that unlawfully infringe another person's rights; or
Your fraudulent or intentionally wrongful conduct.

This clause does not require you to indemnify us for losses caused by our own conduct to the extent such indemnification would be unlawful or unenforceable.

30. Third-Party Links

The Website may contain links to websites, platforms, resources, or services operated by third parties.

These links are provided for convenience or informational purposes.

We do not necessarily endorse or control third-party websites and are not responsible for:

Their content;
Availability;
Security;
Privacy practices;
Terms;
Products;
Services; or
Accuracy.

You access third-party websites at your own risk and should review their applicable terms and privacy policies.

31. Suspension and Termination

We may suspend or restrict your access to the Website where reasonably necessary, including where:

You materially breach these Terms;
Your conduct creates a security risk;
You engage in fraudulent activity;
Your conduct interferes with the Website;
We are required to do so by law; or
We reasonably believe restriction is necessary to protect our business, users, systems, or rights.

Termination or suspension of access does not affect rights or obligations that accrued before termination.

Terms that by their nature should survive termination, including intellectual-property, liability, indemnity, dispute-resolution, and governing-law provisions, will continue to apply where appropriate.

32. Force Majeure

We will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances beyond our reasonable control.

Such circumstances may include:

Natural disasters;
Fire;
Flood;
Epidemics or pandemics;
War;
Civil unrest;
Government action;
Regulatory changes;
Telecommunications failures;
Internet outages;
Cyberattacks;
Power failures;
Hosting failures;
Third-party platform outages;
Payment-provider failures; or
Other events beyond our reasonable control.

Where reasonably possible, we will take appropriate steps to minimise the impact of such events.

33. Changes to These Terms

We may update these Terms from time to time to reflect:

Changes to our services;
Changes to our business;
Changes to technology;
Changes to applicable law;
Regulatory developments;
Security requirements; or
Other operational needs.

When we make material changes, we may update the “Last Updated” date and, where appropriate, provide additional notice.

Your continued use of the Website after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

34. Governing Law

These Terms are governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria, except where applicable mandatory law provides otherwise.

Where you access the Website from another jurisdiction, you remain responsible for complying with laws applicable to your use of the Website in that jurisdiction.

35. Dispute Resolution

If a dispute arises concerning these Terms or your use of the Website, the parties should first attempt to resolve the matter through good-faith communication.

You may contact TM Digital Biz Services using:

Email: info@tmdigitalbizservices.com
Phone/WhatsApp: 07015060410

Where a dispute cannot be resolved through reasonable discussion, either party may pursue remedies available under applicable Nigerian law.

Nothing in this clause prevents either party from seeking urgent or legally available relief where necessary.

36. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it lawful and enforceable where legally possible.

If modification is not possible, the affected provision will be severed and the remaining provisions will continue in effect.

37. Waiver

A failure or delay by TM Digital Biz Services to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision later.

A waiver will be effective only where expressly made in writing.

38. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

We may transfer or assign our rights and obligations where reasonably necessary in connection with a restructuring, merger, acquisition, sale of business assets, or similar business transaction, subject to applicable law.

39. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any applicable service-specific terms, purchase terms, proposals, invoices, contracts, or other written agreements, constitute the applicable agreement governing your use of the Website and relevant transactions.

For professional services, the specific client agreement will govern the engagement where it conflicts with these general Website Terms.

40. No Agency, Partnership or Employment Relationship

Use of the Website does not create an agency, partnership, joint venture, employment, fiduciary, or other relationship between you and TM Digital Biz Services.

A professional relationship will arise only where we expressly agree to provide services under applicable engagement terms.

41. No Professional Relationship from Website Access Alone

Accessing educational content, submitting an enquiry, downloading a resource, or communicating with us through the Website does not by itself establish a formal professional engagement.

Any professional services relationship will be governed by the applicable service agreement, proposal, statement of work, or other engagement documentation.

42. Children and Minors

The Website is primarily intended for adults and business users.

If a minor accesses the Website, any collection or processing of the minor's personal data will be handled in accordance with applicable law and our Privacy Policy.

Where applicable law requires parental or guardian consent, such consent must be obtained before processing the relevant personal data.

43. Compliance with Applicable Law

You agree to use the Website and our services in accordance with applicable laws and regulations.

Nothing in these Terms is intended to require either party to act contrary to a mandatory legal or regulatory requirement.

44. Contact Us

If you have questions, complaints, concerns, or requests relating to these Terms, you may contact us through:

TM Digital Biz Services
Email: info@tmdigitalbizservices.com
Phone/WhatsApp: 07015060410
Website: www.tmdigitalbizservices.com