All information, guidelines, forecasts and recommendations made by Tiny Crowd in relation to a proposal or quote deliverables and associated studies are made on the basis of information that was available to Tiny Crowd at the time. The achievement of objectives set out in its reports will depend on factors, inter alia, such as the external business environment and the actions or interactions of the Client, over which Tiny Crowd has no control. These Terms and Conditions will form part of any Quote (Contract) that results between the Client and Tiny Crowd.
When the Client is required to provided information or graphical elements in order for Tiny Crowd to commence on the deliverables, Tiny Crowd will not commence until ALL elements have been delivered. If the Client wishes to make further changes outside what is specified on the Quote than the ‘additional hourly rate payment’ of $120 will be enforced and an invoice will be required to be made in full before Tiny Crowd continues onto further deliverables (for further information see FEES below).
All content is copyright Tiny Crowd unless otherwise stated. This includes, but is not limited to; all text, images, graphics, audio commentary, visual presentations and any manual related files. Material cannot be copied, reproduced or distributed in any form without prior written consent. All material provided and presented during the duration of the Quote is for the sole use of the company and/or individual.
Tiny Crowd is committed to protecting and respecting your privacy. When approving a proposal or quote through Tiny Crowd, we ensure that no payment information will be held within the company or shared with any third parties. Tiny Crowd may collect details surrounding information of a personal nature (Name, Company, Title etc) for research purposes only.
PROMOTIONS AND OFFERS
Tiny Crowd reserve the right to modify, cancel and limit any proposal or work at any time. Tiny Crowd reserve the right to refuse providing special rates and/or discounts to particular individuals or organisations at their discretion. No warranties or guarantees are made. All material is copyright Tiny Crowd or to the third party mentioned. Material cannot be published in any form without prior written approval by Tiny Crowd. By using any techniques or resources provided you accept all liability for your actions.
Tiny Crowd offers a variety of creative proposals that may vary in price. Whilst quotes commissioned by the Client on prior occasion can vary in price dependent on content, services provided and date of approval.
In consideration of the proposal and/or quote deliverables to be performed by Tiny Crowd, the Client shall pay to Tiny Crowd fees and expenses in the amounts and according to the payment structure and/or Quote, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the Payment Schedule and/ or Quote.
If the Client requests changes outside of the allocated Payment Schedule provided in the Quote, than Tiny Crowd has the right to withhold delivery and any transfer of ownership of any current work until the ‘additional hourly rate payment’ outlined on the Quote has been paid in full.
Prices are valid up to the date specified on the Quote and can be validated after the expiry of that date. Any timeline or date given by Tiny Crowd for delivery or completion is given by Tiny Crowd in good faith and are intended as estimates and Tiny Crowd is not responsible for any consequences of delays.
If the Client requests creative services within 24 – 48 hour turn around time from briefing and supplying all materials required, the Client will be required to pay a priority rate of $120 – $160per hour depending on the urgency of the request and will be determined on a case by case basis.
TERMS OF PAYMENT
Terms of payment will be included in the Quote provided. Each individual Quote has its own unique Payment Structure and must be adhered to once signing off on the Quote and Tiny Crowd has issued the initial invoice. Payment is to be made via electronic funds to Tiny Crowd account specified in the Quote.
If payment is not delivered according to the Payment Structure on the Quote, than Tiny Crowd reserves the right to stop work on the requirements, withhold delivery and any transfer of ownership of any current work. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses and Fees, Charges or the costs of Changes.
WARRANTIES AND REPRESENTATIONS
Except for the express representations and warranties stated in this agreement, Tiny Crowd makes no warranties whatsoever. Tiny Crowd explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the design outcome or services.
The design outcomes and services of Tiny Crowd are purchased “as is.” In all circumstances, the maximum liability of Tiny Crowd, its directors, employees, agents and affiliates, 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 charges paid in respect to the design outcome or service, provided you notify us of any such claim within 30 days. In no event shall Tiny Crowd 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 design outcome or materials or services provided by Tiny Crowd, even if Tiny Crowd has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
TERMS AND TERMINATION
This Agreement shall commence upon the Effective Date and shall remain effective until the Services are completed and delivered. This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party: (a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or (b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.
In the event of termination, Tiny Crowd shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Tiny Crowd or Tiny Crowd agents as of the date of termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation.
In the event of termination by Client and upon full payment of compensation as provided herein, Tiny Crowd grants to Client such right and title with respect to those Deliverable’s provided to, and accepted by Client as of the date of termination.
Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive.
MODIFICATIONS TO TERMS AND CONDITIONS
Tiny Crowd reserves the right to update and change the Terms and Conditions from time to time without notice. Any alternations to Products or Services shall be subject to the Terms and Conditions. Continued use of a Product or Service after any such changes shall constitute your consent to such changes.