TIGA DESIGN Terms & Conditions
As per investment structure table above
Payment is due when Tiga Design completes each milestone as listed in the proposal and Milestones schedule, and Client accepts the Deliverables for that milestone. All invoices are payable within 3 business days of receipt. Invoices shall list any expenses and additional costs as separate items.
A monthly service fee of 1.5 percent, or the maximum allowed by law, is payable on all overdue balances. All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.
CHANGES TO PROJECT SCOPE
This engagement starts on October 1, 2023 and is valid until it’s ended by mutual agreement with one calendar month’s notice or superseded by a newer engagement. You or we may agree to vary or terminate this agreement at any time without penalty providing one calendar month’s notice is provided. Notice of variation or termination must be given in writing.
We will use all reasonable efforts to complete the engagement as described in this letter within the agreed upon time frames. However, we shall not be liable for failures or delays in performance that arise from causes beyond our control, including the untimely performance by Tiga Design of its obligations.
Beyond a non-refundable deposit, the client must pay for all services rendered and costs incurred up to the effective date of termination. In the event a portion of the Fee remains on account at TIGA DESIGN, this Fee will be banked towards future hourly services, for up to 1 calendar year after which it will be forfeited if it remains unused.
TIGA DESIGN will always stand behind the quality and professional nature of the marketing services that we offer. If at any point you are not completely satisfied with the services we have performed, we encourage you to bring this to our attention immediately. We’d love the opportunity to correctly address your concerns and allow us a chance to win your trust back and prevent similar problems from happening in the future.
OWNERSHIP OF DOCUMENTS
All original documents obtained from the client arising from the engagement shall remain the property of the client. However, we reserve the right to make a reasonable number of copies of the original documents for our records.
The electronic documents, working papers, files, other materials, reports and work created, developed or performed by us during the course of the engagement are the property of our firm, constitute confidential information and will be retained by us in accordance with our firm’s policies and procedures.
All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.
RELATIONSHIP OF THE PARTIES
Tiga Design is an independent contractor. Tiga Design shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Tiga Design and the work product or Deliverables prepared by Tiga Design shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
INDEMNIFICATION AND LIABILITY
Neither party will be liable for any error, delay, or failure to perform any obligation under this Engagement if such failure is due to causes beyond the reasonable control of that party, such as labor difficulties, acts of god, embargoes, fire, flood, epidemic, explosion, lightning, power surges or failures, the elements, civil disturbances, war, regulatory restrictions or other acts of governmental authority, fuel or energy shortages, or acts or omissions of any common carrier or agents.
Tiga Design may use the Client’s company name and logo for promotional purposes, including mention in Tiga Design’s newsletter and website.
All notices, requests, demands, and other communications under this Engagement will be in writing and will be deemed to have been duly given:
if served personally on the party to whom notice is to be given on the date of service;
if given by mail on the fourth business day after mailing, if mailed to the party to whom the notice is to be given, by first class mail, registered mail, or certified, postage prepaid, and properly addressed to the party at the address set forth on the first page of this Engagement, or any other address that the party has designated by written notice to the other party;
if given by e-mail on the date and at the time the e-mail is received by the party to whom the notice is to be given.
All notices to Tiga Design shall be sent to the attention of Reg Hendryanto via email to firstname.lastname@example.org
THE SERVICES AND THE WORK PRODUCT OF TIGA DESIGN ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF TIGA DESIGN, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“TIGA DESIGN PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF TIGA DESIGN. IN NO EVENT SHALL TIGA DESIGN BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY TIGA DESIGN, EVEN IF TIGA DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.