Terms and Conditions
Ongoing Maintenance and Per Diem Effort
Rates included in this proposal are valid for a period of six (6) months from the date of this proposal. Additional needs as noted below will be discussed and agreed upon prior to work being performed. Per diem efforts for such additional needs are as follows:
- Additional consulting strategy effort that falls outside the scope of the agreed solutions will be billed at the normal consulting rate of discussed within the scope of work. This includes, but is not limited to: copywriting, graphic design, additional projects, additional revisions, etc. Additional per diem efforts will be discussed and agreed upon in advance of beginning the work with the Client.
- All travel beyond Hilton Head Island, SC, will be the responsibility of the client.
Billing will occur monthly, with monthly service efforts billed on the date on which work begins. For services that are not billed every month, a deposit of 50% is required for the agreed-upon project/work to begin. All paid media/advertising spend is due upfront before ad campaigns being activated or “live.” The client will be billed for the remainder of the balance upon project completion.
Any supplemental services provided by Tiger Ortho Consulting which are outside the terms of this Agreement, including but not limited to, any maintenance provided beyond normal business hours and services in excess of the services agreed upon herein, shall be charged to Client as an additional charge in accordance with the terms and conditions as outlined in the Ongoing Maintenance and Per Diem Effort section of this agreement. Any additional billing charges will be invoiced at the end of each month, with payment expected within fourteen (14) days, unless otherwise specified by Tiger Ortho Consulting.
Tiger Ortho Consulting reserves the right to refuse or suspend service under this Agreement in the event Client has failed to pay any invoice within fourteen (14) days of said invoice date, whether it be an invoice for services provided under this Agreement or any other agreement between the parties.
Tiger Ortho Consulting and/or Client shall have the right to terminate this Agreement under any of the following conditions:
- If one of the parties shall be declared insolvent or bankrupt.
- If a petition is filed in any court and not dismissed in ninety days to declare one of the parties bankrupt and/or for a reorganization under the Bankruptcy Law or any similar statute.
- If a Trustee in Bankruptcy or a Receiver or similar entity is appointed for one of the parties.
- If the Client does not pay Tiger Ortho Consulting within fourteen (14) days from receipt of invoice and/or otherwise materially breaches this Agreement.
- If Tiger Ortho Consulting fails to perform its obligations under this Agreement and such failure continues for a period of thirty days after written notice of the default, the Client shall have the right to terminate this Agreement.
- Either party may terminate this Agreement upon sixty days (60) written notice.
- Sole Agreement: This Agreement constitutes the entire and only understanding and agreement between the parties hereto with respect to the subject matter hereof and, except as expressly set forth herein, may be amended only by a writing signed by each of the parties hereto.
- Severability: If a court of competent jurisdiction determines that any terms or provision of this Agreement are invalid or unenforceable; such determination shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, which shall continue to be given full force and effect.
- Captions: The captions of the paragraphs of this Agreement are for convenience only and shall not affect in any way the meaning or interpretation of this Agreement or any of the provisions hereof.
- Binding Effect: This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their heirs, legal representatives, personal representatives, administrators, successors, and permitted assigns, as the case may be.
- Waiver: Any failure of either party to comply with any obligation, covenant, agreement, or condition herein may be expressly waived, but only if such waiver is in writing and signed by the other parties. Any such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or conditions shall not operate as a waiver of and/or set precedence with respect to any subsequent and/or other failure.
- Governing Law: Notwithstanding the place where this Agreement may be executed by any party this Agreement, the rights and obligations of the parties, and any claims and disputes relating hereto shall be subject to and governed by the laws of the State of South Carolina as applied to agreements among South Carolina residents to be entered into and performed entirely within the State of South Carolina, and such laws shall govern all aspects of this Agreement. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts in the State of South Carolina, in the Judicial Circuit where Tiger Ortho Consulting has its principal office, for resolution of all disputes and causes of action arising out of this Agreement, and the parties hereby waive all questions of personal jurisdiction and venue of such courts, including, without limitation, the claim or defense therein that such courts constitute an inconvenient forum.
- Assignment: This Agreement and the rights and duties hereunder shall not be assignable by either party hereto except upon written consent of the other.
- Force Majeure: Tiger Ortho Consulting shall not be liable for any problems due to external causes beyond its control including, but not limited to, terrorist acts, natural catastrophe, fire, flood, or other act of God, and/or power failure, virus propagation, and related Services.
- Attorneys’ Fees. In any action between the parties to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover all expenses, including reasonable attorneys’ fees.
- IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first below written.
In the event Client terminates this Agreement for any reason other than a breach of the terms herein, Client shall be entitled to a refund of any monies extended in advance of the month or part thereof for which services by Tiger Ortho Consulting were last performed.