1.Introduction
Welcome to TDK Digital Solutions ("TDK", "we", "our"). These Terms of Service ("Terms") govern your access to and use of our website and professional services, including website development, system/software development, mobile app development, network installation, ICT training, and related consulting (collectively, the "Services"). By using our Services, you agree to these Terms and our Privacy Policy.
If you are entering into these Terms on behalf of a company or organization, you represent that you have the authority to bind that entity. If you do not agree, do not use the Services.
2.Communication
We primarily communicate via email, phone, and project workspaces (e.g., Notion, Linear, GitHub). You consent to receive project-related communications from us through these channels. For legal notices, contact us at tdkdigitaltech@gmail.com.
3.Services
- Website design & development
- Custom system/software development
- Android & iOS mobile app development
- Network design, installation & optimization
- ICT training & advisory
- Other ICT consulting as agreed in Statements of Work (SOWs)
Specific deliverables, milestones, and timelines will be defined in an SOW, proposal, or invoice. We may improve or change our Services over time.
4.Quotes, Scoping and Instructions
All estimates are based on information available at the time of quoting. Material changes in scope, third-party dependencies, or client delays may require a revised quote and timeline.
You agree to provide timely access to stakeholders, content, credentials, and decisions necessary to deliver the Services.
5.Subcontractors
We may engage vetted subcontractors or partner companies to assist in delivering the Services. We remain responsible for overall delivery and for ensuring they comply with confidentiality obligations.
6.Fees & VAT
Fees are stated in the applicable SOW or invoice. Unless otherwise specified, fees are in Ethiopian Birr (ETB) and exclusive of applicable taxes (e.g., VAT, withholding). You are responsible for any required tax withholdings or bank charges on international payments.
7.Billing & Invoicing
- Project work: milestone billing (e.g., 40%/40%/20%) or as agreed in writing.
- Retainers/subscriptions: invoiced monthly in advance.
- Out-of-scope requests: billed at our standard rates upon approval.
Late invoices may pause delivery and may accrue a reasonable late fee. Ownership transfer of deliverables occurs upon full payment unless stated otherwise.
8.Confidentiality
Each party may access the other's confidential information. Both parties must protect such information with reasonable care and use it only for the purpose of performing under these Terms. This duty survives termination.
9.Sensitive Data
Unless expressly agreed in writing, you will not provide us with regulated personal data (e.g., health, financial, or children’s data). If your project requires handling such data, we will define additional safeguards in the SOW.
10.Security
We implement reasonable administrative, technical, and physical controls to protect systems and data we manage. No method is 100% secure; you are responsible for securing your own environments, accounts, and backups unless we are explicitly contracted to do so.
11.Accounts
If we create or manage accounts (e.g., hosting, cloud, app store), you must safeguard credentials and notify us of any suspected compromise. We may require multi-factor authentication (MFA) for administrative access.
12.Intellectual Property
Your Materials. Content and assets you provide remain yours. You grant us a non-exclusive license to use them solely to deliver the Services.
Deliverables. Upon full payment, you receive ownership of final project deliverables (e.g., compiled code, site/app, designs) except for our pre-existing tools, libraries, design systems, and know-how, which remain ours. We grant you a perpetual, worldwide license to use any such underlying components solely as part of the deliverable.
Portfolio. We may reference non-confidential aspects of the project in our portfolio unless you object in writing.
13.Open-Source & Third-Party Dependencies
Projects may include open-source packages or third-party services (e.g., hosting, payment gateways, analytics). Their terms and SLAs apply separately. We are not responsible for outages or policy changes of third parties.
14.Client Obligations
- Provide timely feedback, approvals, and accurate information.
- Ensure you have rights to assets you supply (logos, data, content).
- Use deliverables in compliance with laws and platform rules.
15.Acceptable Use
You will not use the Services to violate laws, infringe IP, distribute malware, or engage in deceptive, harmful, or abusive conduct.
16.Warranties & Disclaimers
We warrant that we will perform the Services in a professional and workmanlike manner. Except as stated, the Services are provided "as is" and "as available" without other warranties, express or implied (including fitness for a particular purpose).
17.Limitation of Liability
To the maximum extent permitted by law, TDK's aggregate liability arising out of or related to the Services shall not exceed the amount you paid for the specific Service giving rise to the claim in the 6 months preceding the event. We are not liable for indirect or consequential damages.
18.Change Requests & Support
Post-delivery change requests and ongoing support are available via separate maintenance or retainer agreements. Bug fixes for accepted deliverables are handled per SOW terms.
19.Suspension or Termination
We may suspend or terminate Services for material breach (including non-payment) after reasonable notice. You may terminate for convenience per SOW; accrued fees remain due.
20.Governing Law & Dispute Resolution
These Terms are governed by the laws of the Federal Democratic Republic of Ethiopia. Disputes shall be subject to the exclusive jurisdiction of courts in Addis Ababa, Ethiopia. Parties will first attempt to resolve disputes amicably within 30 days.
21.Changes to These Terms
We may update these Terms to reflect changes in law, Services, or operations. The "Last Updated" date indicates the latest revision. Continued use after an update constitutes acceptance of the revised Terms.
22.Contact
Questions about these Terms? Contact us:
- Email: tdkdigitaltech@gmail.com
- Phone: +251 912 122 742
- Address: Addis Ababa, Ethiopia