These Terms of Service ("Terms") constitute a legally binding agreement between Tiger & Garnet Consulting ("Company," "we," "us," or "our") and any person or entity ("Client," "you," or "your") who accesses or uses our website, services, or consulting offerings (collectively, the "Services"). By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must immediately discontinue your use of our Services.
1. Overview of Services
Tiger & Garnet Consulting provides business management consulting services, including but not limited to strategic advice, operational improvement recommendations, project management, financial consulting, and other related services. Our Services are designed to support businesses in optimizing operations, increasing profitability, and improving organizational efficiency. Specific details regarding the scope and nature of Services will be outlined in individual contracts or statements of work ("SOW") between the Client and the Company.
2. Eligibility to Use Services
To use our Services, you must:
By agreeing to these Terms, you represent that you meet the eligibility requirements. If you are using the Services on behalf of an organization, you represent and warrant that you are authorized to bind the organization to these Terms.
3. Consulting Services and Project Engagements
3.1 Engagement Process
For each project, a detailed engagement letter, consulting agreement, or statement of work will be issued, outlining:
The terms of these documents will be specific to each project and will be incorporated into this agreement by reference. Any modifications or changes to the scope of the Services must be mutually agreed upon in writing.
3.2 Service Performance
We agree to provide the Services with reasonable care, skill, and diligence consistent with the highest industry standards. However, you acknowledge that the results and outcomes of consulting services depend on a range of factors, some of which are beyond our control, including your own participation and responsiveness.
3.3 Consulting Packages
We offer different consulting packages that vary in scope, pricing, and deliverables. Specific terms for each package will be detailed in the relevant agreement or statement of work.
4. Fees, Payments, and Invoicing
4.1 Fee Structure
Our fees for consulting services are typically charged on either an hourly, flat-rate, or retainer basis, as outlined in the individual agreement for each project. Any applicable taxes, levies, or duties imposed by taxing authorities will be borne by the Client.
4.2 Invoicing and Payment Terms
Invoices will be issued according to the payment schedule agreed upon in the individual agreement. Payment is due within 30 days of the invoice date unless otherwise stated. Late payments may incur interest charges at the rate of 1.5% per month or the maximum allowed by law, whichever is lower.
4.3 Additional Costs
The Client shall reimburse the Company for any reasonable travel, accommodation, and out-of-pocket expenses incurred in connection with the provision of Services, provided that such expenses are pre-approved by the Client in writing.
4.4 Non-Payment
Failure to pay invoices on time may result in suspension or termination of Services. We reserve the right to recover unpaid amounts through legal action if necessary.
5. Refund and Cancellation Policy
Our refund and cancellation policy is detailed in a separate Refund and Payment Policy. Clients are encouraged to review this policy before engaging our Services. Refunds for services already rendered will not be issued except as outlined in this policy. We reserve the right to charge cancellation fees for terminated engagements, based on the amount of work completed and other relevant factors.
6. Client Responsibilities
6.1 Provision of Information
To ensure the successful completion of the project, the Client must provide accurate, complete, and timely information as requested by the Company. Failure to provide necessary information or cooperation may result in delays or additional fees.
6.2 Compliance with Laws
The Client agrees to comply with all applicable laws and regulations during the term of engagement with the Company. This includes, but is not limited to, business licenses, tax filings, and data protection requirements.
6.3 Non-Solicitation
For the duration of the engagement and for a period of 12 months thereafter, the Client agrees not to solicit or hire any employees, contractors, or consultants of Tiger & Garnet Consulting without prior written consent.
7. Confidentiality and Non-Disclosure
7.1 Confidential Information
Both parties acknowledge that during the course of the engagement, confidential information may be exchanged, including business strategies, financial data, intellectual property, and other proprietary information ("Confidential Information"). Both parties agree to maintain the confidentiality of such information and not disclose it to third parties without prior written consent, except as required by law.
7.2 Duration of Confidentiality
The confidentiality obligations of both parties will survive for a period of 3 years after the termination of the engagement unless otherwise stated in the individual agreement.
8. Intellectual Property and Ownership
8.1 Ownership of Deliverables
Unless otherwise agreed in writing, all materials, reports, analyses, or other deliverables created by the Company during the course of providing the Services are and shall remain the intellectual property of the Company. The Client is granted a limited, non-exclusive, non-transferable license to use these materials solely for internal business purposes.
8.2 Use of Client Materials
The Client retains ownership of any materials or data provided to the Company for the purposes of providing the Services. The Company agrees to use such materials only as necessary to fulfill the obligations under this agreement.
9. Dispute Resolution
9.1 Mediation and Arbitration
In the event of any dispute arising out of or in connection with these Terms, both parties agree to first attempt to resolve the dispute through good faith negotiations. If a resolution cannot be reached, the dispute shall be referred to mediation under the rules of a Mediation Institution, and if still unresolved, to binding arbitration under the rules of the American Arbitration Association.
9.2 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any disputes not resolved by mediation or arbitration shall be subject to the exclusive jurisdiction of the courts of Palo Pinto County, Texas.
10. Limitation of Liability
10.1 Limitation of Liability
To the fullest extent permitted by applicable law, Tiger & Garnet Consulting shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if advised of the possibility of such damages. Our total liability under these Terms shall not exceed the total fees paid by the Client for the Services in question.
10.2 Force Majeure
The Company will not be held responsible for any delay or failure to perform due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, government orders, or technical failures.
11. Termination
11.1 Termination for Cause
Either party may terminate the engagement at any time, with or without cause, by providing 30 days’ written notice. In the event of termination, the Client will be responsible for paying for all Services rendered up until the effective date of termination.
11.2 Effect of Termination
Upon termination, the Client must cease all use of the deliverables provided and return or destroy any confidential materials belonging to the Company. Sections 7 (Confidentiality), 8 (Intellectual Property), and 10 (Limitation of Liability) shall survive termination.
12. Changes to Terms
We reserve the right to update or modify these Terms at any time. Clients will be notified of any material changes at least 30 days prior to their implementation. Continued use of our Services after changes are made constitutes acceptance of the revised Terms.
13. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Tiger & Garnet Consulting
1307 SE 21st Street
Mineral Wells, Texas 76067
Phone: 940-463-5114
Email: bridgette@tigerandgarnet.com
Copyright © 2024 Tiger & Garnet Consulting - All Rights Reserved.
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