[ LEGAL ]

Terms & Conditions

Last updated: January 2025

1. Acceptance of Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and TurismoITBD (“Company,” “we,” “our,” or “us”) governing your use of our website and the engagement of our services.

By accessing our website, requesting a consultation, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must discontinue use of our website and services immediately.

For the purposes of service engagements, a separate project proposal or statement of work (“SOW”) may be executed between the parties. In the event of any conflict between these Terms and an executed SOW, the terms of the SOW shall prevail with respect to the specific project it covers.

2. Services

TurismoITBD provides a range of digital services including, but not limited to: website development, digital marketing, creative and ad production, automation and AI solutions, and business strategy consulting (collectively, “Services”).

The specific scope, deliverables, timelines, and fees for any engagement shall be outlined in a project proposal or statement of work agreed upon by both parties before the commencement of work. We reserve the right to modify the scope of Services with the Client’s written consent.

We strive to deliver high-quality work that meets agreed-upon specifications. However, we do not guarantee specific business outcomes, including but not limited to traffic increases, revenue growth, search engine rankings, or conversion rates, unless explicitly stated in an executed SOW.

3. Client Obligations

As a Client engaging our Services, you agree to the following obligations:

  • Accurate Information: Provide accurate, complete, and timely information, materials, and feedback necessary for the delivery of Services. Delays caused by the Client may result in corresponding timeline adjustments.
  • Content Responsibility: Ensure that all content, images, logos, and other materials you provide do not infringe upon the intellectual property rights of any third party and comply with all applicable laws and regulations.
  • Access and Credentials: Provide necessary access credentials, hosting details, and third-party account information required for project delivery in a timely manner.
  • Approval Process: Review and provide timely approval or feedback on deliverables within the agreed-upon review periods. Failure to respond within the specified timeframe may be deemed as acceptance.
  • Compliance: Ensure that your use of any deliverables complies with all applicable laws, regulations, and platform terms of service, including but not limited to advertising policies and data protection regulations.

4. Payment Terms

Payment terms for Services shall be as specified in the project proposal or statement of work. In the absence of specific terms, the following general terms shall apply:

  • An initial deposit may be required before work commences, as specified in the project proposal.
  • Milestone payments are due upon completion and delivery of each agreed-upon milestone.
  • Final payment is due within fifteen (15) days of project completion and delivery of final assets, unless otherwise agreed.
  • All fees are quoted in the currency specified in the project proposal and are exclusive of any applicable taxes, which shall be borne by the Client.

Late payments may incur interest at a rate of 1.5% per month on the outstanding balance. We reserve the right to suspend work on any project for which payment is overdue by more than fourteen (14) days. All payments made are non-refundable unless otherwise stated in an executed agreement.

For recurring services (such as maintenance, marketing retainers, or support contracts), invoicing occurs at the beginning of each billing cycle. Either party may cancel recurring services with thirty (30) days’ written notice.

5. Intellectual Property

Upon receipt of full payment, the Client shall own all final deliverables created specifically for the Client as part of the engagement, including website designs, custom code, and creative assets produced specifically for the project.

TurismoITBD retains ownership of all pre-existing intellectual property, proprietary tools, frameworks, methodologies, code libraries, and processes used in the delivery of Services. This includes any general-purpose code, reusable components, and internal tools developed by TurismoITBD.

The Client grants TurismoITBD a non-exclusive, royalty-free, worldwide license to use, modify, and display the Client’s trademarks, logos, and provided materials solely for the purpose of delivering the Services and for portfolio, case study, and marketing purposes, unless the Client expressly requests otherwise in writing.

Third-party software, plugins, templates, fonts, images, or other assets incorporated into deliverables remain subject to their respective licensing terms. The Client is responsible for obtaining and maintaining any required licenses for third-party assets.

6. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and sensitive information disclosed during the course of the engagement (“Confidential Information”). Confidential Information includes, but is not limited to: business strategies, financial data, customer lists, technical specifications, trade secrets, and any information designated as confidential.

Neither party shall disclose, publish, or disseminate Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform obligations under these Terms.

This confidentiality obligation shall survive the termination or expiration of any engagement for a period of two (2) years, unless otherwise specified in a separate non-disclosure agreement.

7. Limitation of Liability

To the maximum extent permitted by applicable law, TurismoITBD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to the Services, regardless of the theory of liability.

Our total aggregate liability for any claims arising from or related to the Services shall not exceed the total fees paid by the Client to TurismoITBD for the specific project or engagement giving rise to the claim.

TurismoITBD is not liable for any delays, failures, or interruptions caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, internet outages, third-party service failures, or force majeure events.

8. Termination

Either party may terminate an engagement by providing thirty (30) days’ written notice to the other party. Upon termination, the Client shall pay for all Services rendered and expenses incurred up to the date of termination.

TurismoITBD reserves the right to terminate an engagement immediately upon written notice if the Client: (a) breaches any material term of these Terms and fails to cure such breach within fourteen (14) days of receiving written notice; (b) fails to make payment when due and such failure continues for more than fourteen (14) days; or (c) engages in conduct that, in our reasonable judgment, is harmful to TurismoITBD or its reputation.

Upon termination, TurismoITBD will deliver all completed work and work-in-progress to the Client upon receipt of payment for all outstanding invoices. Sections relating to intellectual property, confidentiality, limitation of liability, and dispute resolution shall survive termination.

9. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties shall first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by providing written notice to the other party describing the nature of the dispute.

If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties.

If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in Dhaka, Bangladesh, in accordance with the arbitration laws of Bangladesh. The language of arbitration shall be English, and the decision of the arbitrator(s) shall be final and binding. Each party shall bear its own costs unless the arbitrator decides otherwise.

10. Changes to Terms

TurismoITBD reserves the right to modify, amend, or update these Terms at any time at our sole discretion. Changes will become effective upon posting the revised Terms on our website. The “Last updated” date at the top of this page will be revised accordingly.

For active service engagements, material changes to these Terms will be communicated to affected Clients via email at least fifteen (15) days before they take effect. Your continued use of our website and services after any changes constitutes acceptance of the revised Terms. If you disagree with any changes, you must cease using our services and notify us in writing.

11. Contact

If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us:

TurismoITBD

Email: info@turismoitbd.com

Website: https://turismoitbd.com

Location: Dhaka, Bangladesh

These Terms and Conditions are governed by and construed in accordance with the laws of Bangladesh, without regard to its conflict of law provisions.