Last updated 18 February 2025

We are Tigernaut

We’re looking forward to helping you grow your business and creating some awesome stuff together.

Tigernaut is a brand/trading name for Studio G Limited, a limited liability company duly incorporated under the laws of New Zealand (NZBN 9429051476410). That (incl. any of our affiliates, contractors, agents) is “us”, “we” or “Tigernaut” in these Terms of Service (“Terms”).

“You” are the the legal entity or natural person engaging us for Services.

These Terms and all other related policies/terms and procedures (including, without limitation, Privacy Policy, Refund Policy, Website Terms of Use) that may be published from time to time by us on our Website related to our Services, which shall be incorporated into these Terms, apply to all Services offered and/or provided by Us to You.

Engagement and acceptance of these Terms

You can engage us in a number of ways. You will have been deemed to accept these Terms when you:

• Make any full or partial payment to us in relation to Services

• Accept a quote/proposal or offer for Services from us online (including, but not limited to any of our Subscription Plans)

• Confirm for us to proceed with any Services in writing, or otherwise during any call or meeting

For the avoidance of doubt, The Terms are not required to be delivered physically and/or signed to be accepted.

Changes to these Terms

We may make changes to the Terms and/ or our policies and/ or procedures from time to time, in our sole and absolute discretion. We will notify you of any changes the Terms and Conditions by posting the updated Terms on our website, and we will revise the “Updated” date.

It is your responsibility to review the Terms and Conditions frequently and to remain informed of any changes to them.

The current version of the Terms will supersede all earlier versions. You agree that your continued receipt and use of the services after such changes have been published will constitute your acceptance of the revised Terms.

Services

The services we offer and provide (“Services”) are professional services that support business growth, marketing and/or sales initiatives, including business development, marketing, design, website development services, related consulting/advisory services and/or access to all or some of these services.

Subscription Plans

Our subscription plans provide you with access to a select set of our Services within limits set out in the relevant subscription plan you accept (”Plan Benefits”), for the agreed recurring fee:

• These plans are intended for business as-usual-support and are not intended to include larger complex projects.

• When you access and we deliver any Services under a subscription plan, our Services to you includes the services delivered under the subscription plan (in equal parts).

• No rollover of unused Subscription Plan Benefits: Where you fail to take advantage of a fixed number of Plan Benefits offered in a single month, that right will lapse at the end of that calendar month. You will not be entitled to roll over the Plan Benefit to the following or any later months.

• Where we agree to deliver a set number of Plan Benefits within your Subscription Plan, we will apply an assessment of reasonableness to what is meant by ‘one’ plan benefit.

• We reserve the right to remove, alter or update Plan Benefits provided we provide you with a minimum 30 calendar day right to terminate the subscription plan and waive any applicable cancellation fees that would otherwise be payable.
  
  

Project Engagements

Where our Services are not delivered under a subscription plan (or not included within your subscription plan), but on a case by case engagement basis.

Service Delivery

Online delivery

All our Services, unless otherwise agreed in writing, are delivered online/remotely (including with audio and/or video conference being used as required).

Scope of work

The scope of work for any order for Services is set out in the confirmed / agreed engagement for any request.

Project kick off

Start date

We may require you to select a start date to book tasks/project/services. While we do out best to maintain good availability, however we cannot guarantee a preferred start date will be available.

Client Assets

We may also issue you with a list of Client Assets to share with us, this could include logos, documents or other materials we need to complete your Services. It is your responsibility to upload /send the required client materials into the specific location we advise you of. It is your responsibility to upload/send the required client materials into the specific location we advise you of in the requested format.

You accept and acknowledge that we will not be obliged to commence work and agree a the start date until the Client Assets have been uploaded / sent in their entirety or deemed by us to be sufficient to enable us to commence the Services. We accept no liability for any delayed commencement date for the services in the event you have not uploaded / sent the required materials into the nominated shared file area, in the specific format or in the required timeframe to enable us to utilise such materials for the performance of the Services.

Turnaround Times

This is the time it takes for us to deliver the next draft, Concept, step or release in our Services to you. Upon engagement/receipt of a request, we’ll provide an estimated completion timeline based on the scope and complexity of the work and each task required. Turnaround Times are subject to change depending on several variables, including but not limited to the complexity of a project and your timing to respond to our requests for input, information and/or supply of assets.

While we strive to deliver high-quality work as quickly as possible, we do not generally guarantee turnaround times. If you do have a true deadline, let us know - we’re happy to explore what it will take to hit it.

Project prioritisation

Requests are completed sequentially within your subscription plan’s limits or in the order agreed for any project engagements. Additional requests will be queued and worked on once an active request is completed.

You can adjust your active requests or priorities at any time, as long as they remain within the scope of your selected subscription plan or have otherwise been confirmed as a project engagement order. Bear in mind that this can sometimes impact initial turnaround time estimates.

Concepts and Concept Reviews

A Concept is WIP or draft in a step toward a final deliverable that we issue to you for feedback, approval or specific input. This is not the final output and is subject to final agency or client changes.

Your engagement or subscription plan may specify a maximum number of client review opportunities of a Concept. We reserve the right to decline any additional client review input or feedback after this maximum number has been reached.

You agree to respond to us within 5 working days of us seeking a request for your feedback on a Concept.

In the event we have not received any response from you at the expiry of the 5 working day period, we will deem that you have accepted the Concept and have no further feedback or input. In this event, we will not accept further revisions or late edits (except at our sole discretion) and/or may require a further fee.

Release of deliverables

Where you have purchased our Services and fees for those services have not been fully paid, we will release final items/go-live or launch (as context requires) the deliverables only upon receipt of the final balance. On subscription plans, assuming payments are up to date, deliverables will be released on completion.

Additional post release support

Any additional post support Services not expressly included in your Project Engagement or Subscription Plan will be priced separately or charged on time-based rates.

Stagnant Projects

This is where you have failed to respond to our requests for input on a Working Concept, failed to complete the uploading of any Client Materials or you have stopped communicating with us to the point that we cannot continue to perform the Services for a period of 14 calendar days or more.

If a project becomes a Stagnant Project and we agree to re-commence it, we reserve the right to apply a time-based fee for the required time to pick up the job to recap where the job was left and re-brief the team. Any recommencement of a Stagnant Project that was subject to a fixed fee or a cost estimate may be subject to the issue of a revised proposal. We will advise you of this if we consider this is required.

Services may not be merged

You may not, for example, order a service on a Project Engagement basis and later request to convert this to be a service to be performed under a Subscription Plan. However, you may request to engage us for additional Project Engagements at any time.

Fees

Unless otherwise agreed with you in writing, fees for our Services are generally payable and due in advance, using the payment methods we make available to you. We are unable to commence and/or release work until payments due have been received. ****

Fee Types

Subscription plan fees are collected by credit card/debit card on your membership commencement date (when your access to our Services commences).

Subsequent charges will be automatically collected using the method you choose upon signing-up (either credit card/ debit card). You can cancel your membership at any time.

Project Engagements be delivered on:

1. A fixed project fee basis: A fixed scope of work delivered for an agreed fixed fee;

2. A time-based rate basis: A scope of work delivered on an hourly, daily or other time-based rate. We may provide you with a costs estimate for projects completed on this basis and request a deposit to commence, but will issue a final balance invoice you for the actual time taken to deliver the agreed scope.
   
   

Disbursements

These are the third-party costs or fees that you are required to pay for directly in connection with the Services. We will inform you if your Services require any disbursements in advance.

Project Variations

No change to Service type after start date

No variation to the type of Service after you have selected after the start date. If a new Service type is to be selected, this must be purchased as a stand-alone and new engagement with us.

Project contingencies

You must request and obtain our prior written approval before, or changing any milestones or events required to achieve completion of the Services. We cannot guarantee that we can meet new timeframes requested after the start date.

Additional costs for scope changes

If you request a variation to the agreed scope documented in your engagement, we will issue an estimate of the additional fees likely to be incurred as a result of the variation.

Scope changes must be approved in writing

We will not proceed with a scope change to the Services unless and until the variation has been confirmed and accepted by you, and has been documented by us in writing.

Deemed Variations

The following events or situations are deemed to be Variations (the list is not exhaustive):

a) introduction of additional requirements not discussed during the onboarding process  (including but not limited to) branding deliverables, introduction of video imagery, advertorial text, advertorial design and the focus of any digital marketing campaign;

b) additional service management time caused by unplanned delays in obtaining approval or where the Client Materials provided are not the appropriate file types or otherwise incomplete

c) any additional resource or time that exceeds the reasonable estimate for a Project Engagement or Subscription Plan task due to rescheduling or changes in requirements of services by you;

d) where you nominate additional stakeholders to be included in any Client Review process that differ from those contemplated in our onboarding process or briefing and this causes additional communications relating to Concepts or release of final deliverables

Variations itemised separately

Variations may be invoiced separately to you on an ad hoc basis, charged on our current time-based rates (or other fixed fee amount agreed with you in writing).

Non-Permitted Variations

For certain services, we cannot accept certain types of Variations as these involve such material change that we need to treat them as a new project. We will inform you if this is the case for your request.

Confidentiality

All information kept in confidence

We will hold all information concerning you, your affairs and any planned campaigns in the strictest confidence. This obligation commences from the time we hold any discovery call with you and continues regardless of whether you decide to engage our services or not.

Confidential information shared for Services only

Confidential information concerning you will as far as practicable be made available only to persons who are involved in providing our Services to you.

Intellectual Property

Existing Intellectual Property ownership

We shall each continue to own any and all proprietary information in existing Intellectual Property that existed prior to commencing the Services (Existing IP). We acknowledge that we have no rights to your Existing IP and may not use it except to complete the Services.

Services IP

The creation of any new template designs, website templates, campaign plans, digital marketing frameworks, ad text, ad targeting, ad creative, ad accounts, raw and editable files that we create either before the Start Date or during the performance of the Services (Service IP) shall be exclusively owned by us and we grant you an irrevocable, exclusive worldwide licence to use this Service IP for the purposes of the Project Deliverables only.

Project IP ownership

The newly created intellectual property in the Project Deliverables (Project IP) related to all logos, drawings, photographs, designs, artwork, proofs and web sites prepared by us for the Services created with the Existing IP upon completion of the Services, shall be owned by you with the exception of the Services IP.

Your warranties

You warrant that any materials or content you provide to us, or that are provided to us on your behalf, will not breach any rights (including Intellectual Property Rights or moral rights as that term is defined in any copyright laws) of any third party; or compromise the security or operation of our computer systems, through a virus or otherwise.

Licence to us to use your logo and Project IP

By engaging us, you grant us the permission to use your name, logo and the services to you that are Project IP for our own promotional purposes so that we can attribute this to being an outcome of the Services delivered to you. This includes, but is not limited to, the use of your logo and assets created by us on our client list, testimonials, and portfolio examples.

Restrictions relating to Services IP

You must not, without our prior written consent:

a) adapt, create derivative works from or merge the template or other Service IP;

b) use the Service IP for any purpose other than the specific purpose for which we have provided it;

c) reverse engineer, disassemble or decompile the Service IP;

d) distribute, lend, resell, transfer, assign or sublicence the Service or other Service IP, or allow any other person to use it except in the course of visiting the Service; and

e) remove or attempt to remove any proprietary or copyright notices or any labels on the Project Deliverables or other Service IP.

Warranties + Indemnities

Warranties

We do not (incl. our directors, officers, employees, subcontractors, affiliates) warrant the following to you:

a) that your use of the designs, materials or content produced by us for you in the course of the Service will not infringe any third party’s Intellectual Property Rights or any person’s moral rights; and/or

b) that we have performed any searches of any third-party intellectual property register (including but not limited to the Intellectual Property Office of New Zealand) to check for any infringement of any third-party trademarks, service marks, copyright, registered designs, trade names, domain names, symbols and logos (Third Party IP); and/or

c) that we have performed any searches using any search engine or other function to assess if the logo, word mark or design supplied as part of the Services has been used elsewhere in New Zealand or world-wide as Third Party IP; and/or

d) that we have performed any search of any other kind relating to the use of your business name, words or description requested to be included in any design supplied under these Services and/or

e) the likelihood of success of marketing or promotional activity undertaken pursuant to the agreement

You warrant and acknowledge the following to us :

a) that it is your responsibility to engage any appropriate trademark or intellectual property attorney or perform your own searches to satisfy yourself that there will be no Third Party IP infringement; and

b) that search engine results and ad position will vary for each of the search engines and social media platforms; and

c) that the algorithms of each search engine and social media platform may change unexpectedly from time to time and this is out of our control.

Indemnities

You indemnify us and hold us harmless (incl. our directors, officers, employees, subcontractors, affiliates) in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:

a) any breach of this agreement;

b) your negligent acts or omissions; or

c) your use of the Services, including any third-party claims (including for Third Party IP infringement) made in connection with or arising out of our Services

Liability + Remedies

Refunds

Your experience is our top priority. In the unlikely event you are unhappy with any of our services, get in touch with us and we will explore how we can make it right. Depending on the circumstances, we may offer you, in our sole discretion, a credit for services, or partial refund.

Subscription plan fees and deposit invoices are generally not refundable. You are not entitled to any refund of the Subscription Plan Fees where they have been properly applied.  This includes, but is not limited to, where you do not use all or any of your Plan Benefits during the Subscription Period; or b) you select to use certain Plan Benefits during your Subscription Period and later change your mind about your selection.

Exclusions to our liability

To the fullest extent permissible by law, we (incl. our directors, officers, employees, subcontractors, affiliates) are not liable (whether in contract or tort) for:

a) faults or defects in any services or goods provided by third parties in connection with the Services; and/or

b) any indirect, special or consequential loss (including loss or corruption of data, loss of profits, revenue, goodwill, anticipated savings and business interruption) however arising, whether or not we knew of the possibility of such loss and whether or not such loss was foreseeable; and/or

c) the infringement of the Intellectual Property rights of any Third Party IP infringement arising from any of the material or content published during the performance of the Services.

Remedies for breach

To the fullest extent permitted by law, our (incl. our directors, officers, employees, subcontractors, affiliates) liability for a breach of these terms of service is limited to the supplying of the services again.

Limit of our liability

Our (incl. our directors, officers, employees, subcontractors, affiliates) total aggregate liability for all claims relating to the agreement is limited to the price for the applicable Services connected to the question of liability payable under this agreement.

Reduction of liability

Either party’s liability for any claim relating to the agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.

Termination & Suspension

Termination

Subject to any additional terms regarding termination set out in your plan / proposal / engagement and payment of any applicable cancellation charges, you may terminate Services with us as follows:

Subscription Plans

At any time by emailing accounts@tigernaut.co. Provided we receive your email no later than 3 business days before your next payment, we will process the cancellation before the renewal payment processes.

Project Engagements

On 30 calendar days’ notice to us.

Deemed Termination

Project Engagements will be deemed to have been terminated by you in the following circumstances:

a) where you fail to select a start date within 14 days of being requested; or

b) where a project has become a Stagnant Project and we cannot gain any feedback from you after 14 calendar days; or

c) where you have selected a start date for the services to commence and you have requested more than one postponement which has delayed the start date by more than 30 calendar days.

Suspension of Work

If your Subscription Plan fee is not paid or a recurring payment method is rejected or fails, or any other fee or invoice issued to you is not paid when it becomes due, we reserve our rights to suspend your plan or any work for you until you have brought your payments up to date.

Cancellation Fees

Subscription Plans

Unless otherwise agreed in writing, if your membership is subject to a fixed term and (1) you cancel your membership before completion of the term; and (2) you have not made payment for the full term period, we will issue and you agree to pay an invoice for the fees for the remaining term.

Project Engagements

If we have commenced services and/or set aside capacity for your project and you cancel the engagement, we reserve the right to invoice you for, and you agree to pay any additional amounts we consider reasonable as compensation for work already completed and/or capacity reserved, including any incurred disbursements.

Invoices

Time and method for payment

When you pay via online checkout or otherwise in advance, we will issue an invoice to you after payment has been processed.

Should we issue invoices to you with amounts payable, all amounts specified in the invoice will require payment on the due date (Amounts Owing). We will issue invoices to you by email. You may pay by any of the methods specified on the invoice.

Disputes on invoices

We must be notified in writing within 5 calendar days from the date you first received the invoice of any dispute. You agree to identify the specific cause of the disagreement and pay when due that portion of the invoice that is not in dispute.

No set off or deduction

Payment of Amounts Owing which are due and payable must be made without set-off or deduction of any kind. You also agree that you will not be entitled to withhold payment in respect of any undisputed amount.

Non Payment of Amounts Owing

If you do not pay an Amount Owing by the due date or any later date we have agreed in writing this becomes an Overdue Amount Owing. After a period of 7 calendar days, we shall have the right to:

(a) apply late payment interest at a rate of 8% above the standard Bank of New Zealand bank rate at the time. This shall be calculated daily and compound monthly at that rate if we elect to do this. This applies before and after any judgment (if applicable); and/or (b) suspend delivery of Services to you until you have paid the Amount Owing

Debt collection or recovery costs

If an Overdue Amount Owing remains unpaid for 14 days or more, we reserve our rights to engage the services of a debt collection agency or solicitor to take proceedings to recover the Overdue Amount Owing. You will be liable for the costs incurred by us in the collection of any unpaid amounts including but not limited to legal costs, debt collection fees and internal administration fees.

Administration Fees

In the event We are obliged to perform any additional actions to recover any monies owed by You, we reserve the right to apply reasonable administrative fees for phone calls, texts, emails and in person visits to follow up and recover any Overdue Amount Owing in addition to any costs or expenses stated in the clause above.

Disputes

Dealing with disputes

The parties agree that any dispute, controversy or claim arising between the parties out of or in connection with this agreement, or in relation to any question regarding its existence, breach, termination or invalidity (in each case, a dispute) will only be resolved by following the process described in this clause.

Resolve between contact persons first and senior management second

Where a dispute arises, either party may give notice to the other and request a formal meeting with a view to resolving it (a Dispute Notice).  The party who is the recipient of a Dispute Notice (the Recipient) will, within 48 hours of receiving the Dispute Notice, notify the other party to confirm receipt of the Dispute Notice, and both parties will promptly attempt to resolve the dispute by consultation at the lowest practicable level of escalation first and then between senior management second.

Parties can use mediation

If the dispute is not resolved within 10 business days (or any longer period agreed by the parties) of receipt of the Dispute Notice by the Recipient, either party may submit the dispute to be resolved by mediation by giving notice to the other party.  This notice must be in writing by email or letter only and must be addressed to the party.

Location of mediation

The mediation will be conducted before a single mediator, on the terms of the Resolution Institute Standard Mediation Agreement (NZ version).  The mediator will be agreed between the parties or, failing agreement, within 5 business days of receipt of a Dispute Notice, appointed by the Chair for the time being of Resolution Institute or his/her nominee.

Services to continue to be performed

Except to the extent this agreement expressly permits otherwise and in the case of non-payment of any fees that are due and payable, we will continue to perform our obligations under these terms of service for the applicable Services, notwithstanding any dispute.

Interlocutory relief permitted at any time

Nothing in this agreement will prevent either party from seeking urgent interim relief from a court of competent jurisdiction.

Communications relating to a dispute

All dispute communications must be in writing. Any notice, consent, permission, approval, agreement, instruction, variation, authorisation, request, report or other communication relating to a dispute given by a party for the purposes of this agreement (referred to in this agreement as communication) will be of no effect unless given in writing.  To avoid doubt, for the purposes of this Terms as they relate to invoice or other displutes, the term “in writing” does not include text message or other internet or cell phone-based messenger, chat, bot or other services.

Email communication

The email addresses for communication regarding disputes is accounts@tigernaut.co in the first instance, until a change of email address is so notified, the address of each party is as set out in the relevant Statement of Services is applicable.  In the case of email, it is considered to have been delivered on the first business day after sending, unless before then the sender’s email server receives notification that the email has not been delivered

How to deliver a Dispute Notice

An email notification is required to be issued to the nominated email address above (if discussed by telephone or verbally a follow up email confirming the dispute must be sent).  A Dispute Notice may be also delivered to the recipient by registered post but a copy of the Dispute Notice must also be sent by email to the recipient.  A Dispute Notice will be deemed to have been received by the recipient: (a) in the case of delivery by registered post, on the date that signature of receipt is recorded; (b) in the case of email, on the first business day after sending, unless before then the sender’s email server receives notification that the email has not been delivered to the recipient.

When notice deemed to be received

If a communication is received or deemed to have been received after 5pm on a business day at the place to which it is sent, or on a day which is not a business day in that place, that communication will be deemed not to have been received until the next business day in that place.

General

No assignment by client

You may not assign or transfer any of your rights or obligations under any agreement for Services without our prior written consent. We may assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification.

Consumer Guarantees Act 1993

Where you are acquiring the Services for the purposes of a business or trade, and the provisions of the Consumer Guarantees Act 1993 (CGA) are excluded accordingly.  Otherwise, the CGA will continue to apply.

Invalidity of part of agreement

If any part of these Terms are held to be illegal or invalid, such illegality or invalidity will not affect the enforceability of any other part of this agreement.

Law and jurisdiction

Our Services are governed by New Zealand law and the New Zealand courts have exclusive jurisdiction in respect of any dispute or difference arising in connection with this agreement.

Currency All amounts payable under this agreement will be payable in the currency of your Subscription Plan or Project Engagement engagement with us.