Terms & Conditions | Tainy Bayno - Digital Marketing Services

TERMS & CONDITIONS

Please read these terms and conditions carefully before using our services

Last Updated: February 15, 2026

Welcome to Tainy Bayno Digital Marketing Services.

These Terms and Conditions ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

We reserve the right to modify these Terms at any time. Your continued use of our services after any changes constitutes acceptance of the new Terms.

1. Acceptance of Terms

By accessing and using the services provided by Tainy Bayno ("we," "us," or "our"), you accept and agree to be bound by these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use our services.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Services Description

Tainy Bayno provides digital marketing services including but not limited to:

  • GoHighLevel Funnel Design & CRM Automation: Complete funnel mapping, automation workflows, CRM setup, and ongoing optimization
  • Google Ads Strategy & Campaign Management: Campaign strategy, setup, optimization, and performance monitoring
  • SEO Optimization: Technical audits, on-page optimization, content strategy, and link building
  • Social Media Strategy & Content Management: Platform-specific strategies, content creation, and community management
  • Professional Skills Training: AI literacy, digital marketing certification programs, and professional development courses

Service specifics, deliverables, timelines, and pricing are outlined in individual service agreements or proposals provided to clients.

3. Client Responsibilities

To ensure successful project delivery, clients agree to:

  1. Provide Timely Information: Supply all necessary access credentials, brand assets, content, and information required for service delivery within agreed timeframes
  2. Review and Feedback: Review deliverables promptly and provide constructive feedback within specified review periods
  3. Communication: Maintain regular communication and respond to requests for information or approvals in a timely manner
  4. Compliance: Ensure all provided content, materials, and business practices comply with applicable laws and regulations
  5. Access Rights: Maintain valid licenses for all platforms, tools, and software required for service delivery

Important Note: Delays in client responses or provision of materials may result in extended project timelines. We are not responsible for delays caused by client unresponsiveness or failure to provide required information.

4. Payment Terms

4.1 Pricing and Invoicing

Service pricing is outlined in individual proposals or service agreements. All prices are in USD unless otherwise specified. Invoices will be sent according to the payment schedule agreed upon in the service contract.

4.2 Payment Schedule

  • One-Time Setup Packages: 50% deposit required before work begins, 50% due upon completion
  • Monthly Management Services: Payment due on the 1st of each month for ongoing services
  • Custom Projects: Payment terms outlined in individual contracts

4.3 Late Payments

Late payments may incur a fee of 5% per month. Services may be suspended for accounts with payments overdue by more than 15 days. We reserve the right to terminate services for non-payment.

4.4 Taxes

All prices exclude applicable taxes unless otherwise stated. Clients are responsible for any applicable sales tax, VAT, or other taxes.

5. Intellectual Property Rights

5.1 Client-Provided Materials

Clients retain all rights to materials, content, and information provided to us. By providing materials, you grant us a non-exclusive license to use, reproduce, and modify such materials solely for the purpose of delivering services.

5.2 Deliverables

Upon full payment, clients receive full ownership rights to custom deliverables created specifically for their project, including:

  • Custom funnel designs and landing pages
  • Content created specifically for the client
  • Custom graphics and visual assets

5.3 Pre-Existing Materials and Templates

We retain ownership of pre-existing templates, frameworks, methodologies, and tools used in service delivery. Clients receive a license to use deliverables but not to redistribute or resell our proprietary methods or templates.

5.4 Portfolio Rights

We reserve the right to use completed projects in our portfolio, case studies, and marketing materials unless otherwise agreed in writing. Client confidential information will not be disclosed without permission.

6. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of the business relationship. This includes but is not limited to:

  • Business strategies and plans
  • Financial information
  • Customer data and lists
  • Proprietary processes and methodologies
  • Login credentials and access information

Confidential information does not include information that is publicly available or independently developed. Our confidentiality obligations continue indefinitely beyond the termination of services.

7. Limitation of Liability

Service Performance: While we strive for excellence in all services, we cannot guarantee specific results such as search engine rankings, advertising ROI, lead generation numbers, or sales conversions. Results depend on many factors beyond our control including market conditions, competition, client industry, and client cooperation.

To the maximum extent permitted by law:

  • We are not liable for any indirect, incidental, special, or consequential damages
  • Our total liability shall not exceed the amount paid by the client for services in the 12 months preceding the claim
  • We are not responsible for third-party platform changes, algorithm updates, or policy changes affecting campaign performance
  • We are not liable for losses resulting from client decisions made based on our recommendations

Third-Party Platforms: We are not responsible for interruptions, changes, or terminations of third-party services (Google, Facebook, Instagram, etc.) that may affect campaign performance.

8. Refund and Cancellation Policy

8.1 Setup Packages

Setup package deposits are non-refundable once work has begun. If services are cancelled after the deposit is paid but before work begins, 50% of the deposit will be refunded.

8.2 Monthly Management Services

Monthly management services require 30 days written notice for cancellation. Services will continue through the end of the current billing period. No refunds are provided for partial months.

8.3 Satisfaction Guarantee

If you are not satisfied with our services within the first 30 days of a monthly management engagement, you may cancel with a full refund of that month's management fee (setup fees are non-refundable).

8.4 Performance-Based Exceptions

Refunds are not available for campaigns that underperform due to factors beyond our control, including but not limited to: changes in market conditions, client industry challenges, inadequate advertising budgets, or client-side implementation delays.

9. Service Termination

9.1 Termination by Client

Clients may terminate services with 30 days written notice. All outstanding invoices must be paid in full. Work completed up to the termination date will be delivered.

9.2 Termination by Us

We reserve the right to terminate services immediately if:

  • Payment is more than 30 days overdue
  • Client engages in abusive behavior toward our team
  • Client requests illegal, unethical, or fraudulent services
  • Client materials violate third-party rights or applicable laws
  • Client breaches these Terms and Conditions

9.3 Effects of Termination

Upon termination, all access credentials will be changed, services will cease, and any unpaid balances become immediately due. Client retains ownership of completed deliverables paid in full.

10. Privacy and Data Protection

We are committed to protecting your privacy and personal data. Our collection, use, and protection of personal information is governed by our Privacy Policy, which should be read in conjunction with these Terms.

Key privacy commitments include:

  • We collect only information necessary to provide services
  • Client data is stored securely and not shared with third parties without consent
  • We comply with applicable data protection regulations including GDPR where applicable
  • Clients have the right to access, correct, or delete their personal data

For detailed information about how we handle data, please review our Privacy Policy.

11. Warranties and Disclaimers

11.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. This is your exclusive warranty.

11.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Guarantees of specific results, rankings, traffic, leads, or sales
  • Guarantees that services will be uninterrupted or error-free
  • Warranties regarding third-party platforms or services

12. Indemnification

You agree to indemnify and hold harmless Tainy Bayno, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content or materials you provide for use in services
  • Your business practices or products/services

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Continued use of services after modifications constitutes acceptance of the updated Terms.

For material changes, we will make reasonable efforts to notify active clients via email. It is your responsibility to review these Terms periodically.

14. Governing Law and Dispute Resolution

14.1 Governing Law

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

14.2 Dispute Resolution

In the event of any dispute arising from these Terms or our services, both parties agree to first attempt to resolve the matter through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with Philippine arbitration laws.

14.3 Jurisdiction

For any matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in South Cotabato, Philippines.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any service agreements or proposals, constitute the entire agreement between you and Tainy Bayno regarding the use of our services.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

15.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, strikes, or internet/telecommunications failures.

Questions About These Terms?

If you have any questions or concerns about these Terms and Conditions, please contact us. We're happy to clarify any points or discuss how these terms apply to your specific situation.

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Maltana, Tampakan, South Cotabato, Philippines

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.