Terms and Conditions
Recitals
1. Tiburon Data LLC is in the business of providing its clients with outplacement or outsourcing services, including the services to provide software development, web design, web development services, and the placement of remote team members to work on its client's projects on a certain number of hours per month prepaid plans.
2. The Client has asked, or is considering asking, Tiburon Data LLC to offer its services to The Client for the placement of contractors.
3. Tiburon Data LLC will provide the Services to The Client on the terms and conditions of this Service Agreement.
IT IS AGREED as follows:
1. Day to day operation of this agreement
1.1 The processes by which The Client may engage Tiburon Data LLC, make a Request for Services such as a Fixed Price Project, Hourly project, or Prepaid Hourly Plans of booking Employee(s), the day-to-day activities pursuant to this Contract are set out within the terms and conditions on Tiburon Data LLC website, which by incorporation forms part of this Service Agreement.
1.2 The Client acknowledges and agrees that by entering into this Agreement with Tiburon Data LLC, this Agreement does not create, establish or otherwise constitute an employment relationship or agreement with Tiburon Data LLC. This Agreement does not create a partnership or agency relationship between The Client and the Tiburon Data LLC or its Employee who does not have any authority to enter into written or oral (whether implied or express) contracts on behalf of The Client.
2. Hourly prepaid plans
2.1 If The Client is purchasing Hourly Prepaid Plans (for example, 80 hours per month of Employee booking to work on The Client's project) then This Service Agreement will commence on the Commencement Date and will continue on a month to month term until terminated in accordance with clause 6.
3. Payment
3.1 FIXED PRICE: The Client must pay Tiburon Data LLC for the Services in the amounts and at the time set out according to Milestone Deliverables agreed upon Commencement.
3.2 HOURLY PRICE: The Client must pay Tiburon Data LLC for the Services in the amounts and at the time set out according to mutual agreement for Payments which is either 1) Hourly, 2)Monthly or 3) When Work Done (for small tasks less than a month).
3.3 HOURLY PREPAID PLANS: The Client must pay Tiburon Data LLC for the Prepaid Plan Services in the amounts and at the time set out according to mutual agreement for Payments which is 1) Bi-Weekly, 2) Weekly or 3) Monthly.
4. Privacy
4.1 The parties (The Client and Tiburon Data LLC) agree that they will handle all Personal Information shared with each other will be used for the purpose of carrying out their respective obligations pursuant to this Contract.
4.2 Subject to Clause 4.1, the Parties may only disclose any Confidential Information where disclosure is required by law or by any legal notice, order or regulation of any regulatory authority (a 'Disclosure Obligation').
4.3 We are committed to protecting your privacy and take our responsibilities regarding the security of personal information very seriously.
4.4 Payeezy, our financial transaction partner, provide us with online subscription capability to various of our custom Hourly Prepaid Plans that are suggested to clients based on their project and duration needs. When paying us a fee for our consulting services, your credit card information is sent to Payeezy via their secure server. They use the latest, most secure technology available, which encrypts all your personal and credit card details so that your credit or debit card details cannot be read as they travel over the internet. We do not directly store your Credit Card or any such information and it is safe for you to make the transaction in a very reliable and secure fashion.
If you are on any Subscription plan with us (such as a Prepaid Hourly Plan of 'X' number of hours per month) then your credit card information is held in Payeezy's secure database for a period of time to allow us to process your subscription renewals as per the agreed and subscribed Plan (for example, hourly or monthly payment of $XXX for XX hours per month). Your credit card information can only be exchanged between you and Payeezy.
5. Warranties
Each party represents and warrants to the other party that:
1.a) There are no actions, claims, proceedings or investigations pending or threatened against it or by it of which it is aware, and which may have a material effect on the subject matter of this Contract.
2.b) The Client has all licenses, authorizations, consents, approvals and permits required by all applicable laws and regulations in order to commence with a Contract with Tiburon Data LLC;
6. Termination
6.1 A party ("the first party") may immediately (or with effect from any later date it may nominate) terminate a Contract by written notice to the other party if:
1.a) The other party materially breaches this Contract or any other Contract between the parties and fails to remedy such breach within 5 Business Days of receipt of notice from the first party specifying the breach and requiring it to be remedied;
2.b) The other party becomes insolvent or is otherwise unable to pay its debts as and when they become due.
6.2 If Tiburon Data LLC has been appointed by The Client for less than 6 months from appointment, a period of 15 days prior notice is required;
(a) If Tiburon Data LLC has been appointed by The Client for more than 6 months, a period of 30 days' notice is required;
6.3 The expiry or termination of this Contract will not affect or limit any accrued rights of the parties.
6.4 Upon Termination:
(a) The Client will return to Tiburon Data LLC all Tiburon Data LLC Confidential Information, copies of Tiburon Data LLC' Intellectual Property Rights and any other property Tiburon Data LLC has provided to The Client during the Contract; and
(b) Tiburon Data LLC will return to The Client all The Client's Confidential Information, copies of The Client's Intellectual Property Rights and any other property The Client has provided during the Contract.
(c) i) For Prepaid Hourly Plans: All un-used Hours are Refundable upon Client's written request. The Used Hours in a plan are not Refundable. No Refund is processed if the Plan has reached or crossed the expiry date.
(c) ii) For Fixed Pricing: Refund is processed for Milestone/Deliverable basis that were agreed by the parties and have not been delivered to the Client, or a deliverable (based on a Milestone) is not per the requirements that were provided by the Client and agreed upon.
7. Acceptance
The Client accepts the scope, terms and conditions of this Contract and as set out within the terms and conditions, which by incorporation form part of this Contract by:
(a) The Client making a Request for Services; or
(b) The Client appointing Tiburon Data LLC to provide services to The Client; or
(c) The Client subscribing to Tiburon Data LLC custom decided Hourly Prepaid Plans per month or Fixed Plans; or
(d) The Client making a payment of any amounts agreed upon, including but not limited to set up fees, monthly fees and/or any payment of Tiburon Data LLC invoices (whichever is the earliest); or
8. Payment and Refund Policy
Regular Billing System
8.1 If The Client selects and appoints Tiburon Data LLC for either Fixed Monthy Plan or Prepaid Hourly Plan:
(a) Pursuant to the Request for Services
Then The Client must use the Regular Billing System.
8.2 The Regular Billing System applies to The Client who selects and appoints Tiburon Data LLC on an exclusive basis on monthly rates.
8.3 The Client must pay Tiburon Data LLC for the Services in advance by using either of the following options:
(a) Prepaid payments
(b) Regular monthly payments
(c) Regular bi-weekly payments
(d) Regular weekly payments
- Credit/Debit Card or PayPal (through our partner Payeezy)
8.4 Each payment under the Regular Payment Option is to be made according to the agreement based on the project type (Fixed Price, Hourly Price, or Prepaid Hourly Plan)
8.5 If there is any overtime payments due that Client agreed upon for a Prepaid Hourly Plan per month, the amount of overtime is chargeable to The Client within the Month for which the overtime hours were spent.
8.6 The Client at any time may request a refund of the amount held in the Client’s Available Balance subject to the Refund Processing Period (refer to Refund Policy).
Insufficient funds
8.7 If:
(a) The Available Balance falls below zero; or
(b) The Client does not make any payment under the Prepaid Payment Option, the Regular Monthly Payment Option and/or the Invoices overdue (based on deliverables or method of payments agreed upon), then: Tiburon Data LLC is entitled to suspend the services unless the Due Amounts are paid by the Client. ("Suspension Period")
8.8 During the Suspension Period of Services, The Client must pay to Tiburon Data LLC any amount in arrears or required to maintain the Available Balance otherwise Tiburon Data LLC is entitled to terminate the Contract.