1. Agreement Overview
These Terms and Conditions ("Terms") govern your use of TIN Agency's ("Company," "we," "our," or "us") website (tinagency.com) and services. By accessing our website, engaging our services, or entering into any agreement with us, you ("Client," "you," or "your") agree to be bound by these Terms.
Services Covered:
- AI consulting and implementation
- Web design and development
- Digital transformation consulting
- Marketing automation and content AI
- Data infrastructure and analytics
- Training and support services
- Strategic advisory services
2. Service Agreements
2.1 Project-Based Services
- Scope Definition: All projects begin with a detailed scope of work outlining deliverables, timelines, and costs
- Change Requests: Modifications to agreed scope require written approval and may incur additional charges
- Project Timeline: Timelines are estimates and may be adjusted based on client feedback cycles and scope changes
- Client Responsibilities: Timely provision of required materials, feedback, and access to necessary systems
2.2 Retainer Services
- Monthly Commitment: Retainer agreements establish ongoing service commitments with defined monthly allocations
- Service Credits: Unused hours may roll over to the following month (up to 25% of monthly allocation)
- Scope Flexibility: Retainer services allow for adaptive scope within agreed parameters
- Minimum Term: Retainer agreements typically require a minimum 3-month commitment
2.3 AI and Technology Services
- Implementation Risk: AI and technology implementations involve inherent risks and performance may vary
- Training Requirements: Successful AI deployment often requires client team training and adoption
- Data Dependencies: AI services require access to quality data and may be limited by data availability
- Compliance: Client is responsible for ensuring AI implementations comply with industry regulations
3. Payment Terms
3.1 Fees and Billing
- Project Fees: 50% deposit required to commence work, remainder due upon completion
- Retainer Fees: Monthly fees due in advance by the 1st of each month
- Additional Services: Work outside agreed scope billed at prevailing hourly rates
- Expenses: Pre-approved expenses (software licenses, third-party services) billed at cost plus 10% administration fee
3.2 Payment Schedule
- Due Date: All invoices due within 30 days of invoice date
- Late Payments: 1.5% monthly service charge on overdue amounts
- Currency: All fees quoted and payable in USD unless otherwise specified
- Payment Methods: Bank transfer, credit card, or other agreed methods
3.3 Refunds and Cancellations
- Deposits: Non-refundable once work has commenced
- Completed Work: No refunds for completed deliverables or services rendered
- Cancellation Notice: 30-day written notice required for retainer cancellations
- Final Invoice: Final billing upon termination for all completed work and expenses
4. Intellectual Property
4.1 Client-Owned IP
- Existing Materials: Client retains ownership of all pre-existing intellectual property
- Final Deliverables: Upon full payment, client receives ownership of custom-developed deliverables
- Confidential Information: We maintain strict confidentiality of all client proprietary information
- Usage Rights: Client grants us license to use provided materials solely for contracted services
4.2 Company-Owned IP
- Methodologies: Our proprietary processes, methodologies, and frameworks remain our intellectual property
- Third-Party Tools: Licenses for third-party software/services remain with respective owners
- General Knowledge: Skills, experience, and general knowledge gained remain with our team
- Portfolio Rights: We reserve the right to showcase completed work for marketing purposes (with permission)
4.3 Shared IP
- Collaborative Development: Jointly developed solutions may require shared ownership agreements
- Licensing Terms: Specific licensing arrangements documented in project agreements
- Future Use: Terms for future use and modification clearly defined upfront
5. Warranties and Disclaimers
5.1 Service Warranties
- Professional Standards: We warrant services will be performed with professional skill and care
- Compliance: Services will comply with applicable laws and industry standards
- Correction Period: 30-day warranty on deliverables for defects
- Limitation: Warranties limited to re-performance of defective services
5.2 Disclaimers
- Results: We do not guarantee specific business outcomes or performance metrics
- Third-Party Services: No warranty on third-party platforms, software, or services
- Compatibility: Technology solutions provided "as-is" without warranty of compatibility
- Future Changes: No warranty against future changes to third-party platforms or technologies
6. Limitation of Liability
6.1 Liability Limits
- Maximum Liability: Our total liability limited to fees paid for specific services in question
- Consequential Damages: Not liable for indirect, incidental, or consequential damages
- Business Losses: Not liable for lost profits, revenue, data, or business opportunities
- Time Limit: Claims must be brought within one year of the incident
6.2 Exceptions
- Intentional Misconduct: Limitations do not apply to intentional wrongdoing or gross negligence
- Confidentiality Breaches: Separate liability framework for confidentiality violations
- Indemnification: Mutual indemnification for third-party claims as specified in agreements
7. Data Protection and Privacy
7.1 Data Handling
- Privacy Policy: Data collection and use governed by our Privacy Policy
- Security Measures: Industry-standard security practices to protect client data
- Access Controls: Limited access to client data on need-to-know basis
- Data Retention: Client data retained as specified in Privacy Policy and agreements
7.2 Client Responsibilities
- Data Accuracy: Client responsible for accuracy and legality of provided data
- Permissions: Client warrants necessary permissions for data use in our services
- Compliance: Client ensures data handling complies with applicable regulations (GDPR, CCPA, etc.)
- Backup: Client responsible for maintaining independent data backups
8. Confidentiality
8.1 Mutual Confidentiality
- Confidential Information: All non-public business information shared between parties
- Protection Obligation: Both parties agree to protect confidential information
- Limited Use: Confidential information used solely for contracted services
- Return of Materials: Confidential materials returned or destroyed upon request
8.2 Exceptions
- Public Information: Information that becomes publicly available through no breach
- Independent Development: Information independently developed without use of confidential materials
- Legal Requirements: Disclosure required by law or court order
- Prior Knowledge: Information known prior to disclosure
9. Force Majeure
We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:
- Natural disasters, pandemics, or government actions
- Internet or telecommunications failures
- Third-party service outages or security breaches
- Acts of war, terrorism, or civil unrest
Notice and Mitigation: We will promptly notify clients of force majeure events and make reasonable efforts to minimize impact.
10. Termination
10.1 Termination Rights
- Convenience: Either party may terminate with 30-day written notice
- Breach: Immediate termination for material breach after 10-day cure period
- Non-Payment: Termination for non-payment after 30-day notice period
- Insolvency: Automatic termination upon bankruptcy or insolvency
10.2 Termination Effects
- Payment Due: All outstanding fees due immediately upon termination
- Work Product: Client receives completed work upon full payment
- Confidentiality: Confidentiality obligations survive termination
- Data Return: Client data returned or destroyed as requested
11. Dispute Resolution
11.1 Informal Resolution
- Good Faith: Parties agree to attempt good faith resolution of disputes
- Executive Level: Disputes escalated to executive level before formal proceedings
- Mediation: Non-binding mediation before arbitration or litigation
11.2 Formal Resolution
- Arbitration: Binding arbitration under [applicable arbitration rules]
- Jurisdiction: Disputes resolved under laws of [jurisdiction]
- Costs: Prevailing party may recover reasonable attorney fees
- Individual Claims: Class action waiver - disputes resolved individually
12. General Provisions
12.1 Entire Agreement
- Complete Terms: These Terms, together with signed agreements, constitute the complete agreement
- Modifications: Changes must be in writing and signed by both parties
- Precedence: Signed agreements take precedence over these general Terms
12.2 Assignment
- Company Rights: We may assign rights and obligations with notice
- Client Restrictions: Client may not assign without written consent
- Successor Obligations: Assignments bind successors and assigns
12.3 Severability
- Invalid Provisions: Invalid provisions do not affect validity of remaining Terms
- Modification: Invalid provisions modified to achieve intended effect
- Enforcement: Remaining provisions remain in full force and effect
12.4 Governing Law
- Applicable Law: Terms governed by laws of [Insert Jurisdiction]
- International Clients: Local laws may apply to specific provisions
- Conflict Resolution: Choice of law provisions in signed agreements control
13. Industry-Specific Terms
13.1 Healthcare Clients
- HIPAA Compliance: Additional privacy and security requirements for protected health information
- BAA Required: Business Associate Agreement for covered entities
- Regulatory Compliance: Solutions designed to support regulatory requirements
13.2 Financial Services
- Regulatory Awareness: Understanding of financial services regulations
- Security Standards: Enhanced security measures for financial data
- Compliance Support: Assistance with regulatory compliance considerations
13.3 International Clients
- Local Laws: Compliance with applicable local and international laws
- Data Transfers: International data transfer protections
- Currency: Local currency billing available for major markets
14. AI and Technology Specific Terms
14.1 AI Implementation
- Performance Variability: AI systems may have variable performance based on data quality and use cases
- Training Requirements: Successful implementation requires user training and adoption
- Continuous Improvement: AI systems benefit from ongoing optimization and refinement
- Bias Monitoring: Ongoing monitoring recommended to identify and address potential bias
14.2 Technology Dependencies
- Third-Party Platforms: Solutions may depend on third-party platforms and services
- Updates and Changes: Third-party changes may affect solution performance
- Compatibility: Regular updates may be required for continued compatibility
- Migration Support: Assistance provided for platform migrations when feasible
15. Communication and Notices
15.1 Official Communications
- Written Notice: All formal notices must be in writing
- Delivery Methods: Email to designated contacts or certified mail
- Receipt Confirmation: Notice effective upon receipt confirmation
- Address Changes: Prompt notification required for address changes
15.2 Project Communications
- Primary Contacts: Designated points of contact for each project
- Regular Updates: Scheduled progress updates and status reports
- Response Times: Reasonable response times for project communications
- Escalation Process: Clear escalation path for urgent issues
16. Amendments and Updates
16.1 Terms Updates
- Notification: 30-day notice for material changes to Terms
- Acceptance: Continued use constitutes acceptance of updated Terms
- Existing Agreements: Signed agreements not affected by Terms updates
- Version Control: Terms version clearly indicated
16.2 Service Changes
- New Services: Additional services may be added with separate terms
- Discontinued Services: 90-day notice for service discontinuation
- Feature Updates: Minor updates and improvements made regularly
- Migration Support: Assistance provided for service transitions
17. Contact Information
For questions about these Terms or our services:
TIN Agency
Email: hello@tin.info
Website: tin.info
Phone: +1 833 937 0008
Address: 18305 Biscayne Blvd, Ste 200, Aventura,Florida, USA 33160-2172
Acceptance: By engaging our services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Last Updated: October 28, 2025
Version: 1.0
These Terms and Conditions are effective as of the date listed above and apply to all services provided by TIN Agency.
