Terms and Conditions

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Effective Date: 01/01/2025
Business Name: Tigertree Technologies
Website: tigertreetechnologies.com.au
Jurisdiction: Australia( New South Wales (NSW), Queensland (QLD), South Australia (SA), Tasmania (TAS), Victoria (VIC), and Western Australia (WA),  Northern Territory (NT), and the Australian Capital Territory (ACT)

These Terms and Conditions apply to all clients who engage Tigertree Technologies for digital marketing, website design, website development, website revamping, SEO, social media management, content creation, photography, videography, branding, advertising, design, digital strategy, consulting, or related digital services.

These Terms apply to:

a. month-to-month retainer clients;
b. casual clients;
c. once-off project clients;
d. contract-based clients; and
e. clients who engage Tigertree Technologies through phone, email, WhatsApp, SMS, mobile message, social media message, verbal approval, written approval, invoice payment, or any other form of communication.

By approving a quote, accepting a proposal, requesting work to commence, providing instructions, approving work, continuing to receive services, or paying an invoice, the client agrees to these Terms and Conditions.

Payment of an invoice, whether full or partial, is deemed acceptance of these Terms and Conditions, unless Tigertree Technologies has agreed to different written terms signed or confirmed in writing by both parties.

“Tigertree Technologies”, “we”, “us”, or “our” means Tigertree Technologies.

“Client”, “you”, or “your” means the person, business, company, organisation, or authorised representative engaging our services.

“Services” means any digital, creative, marketing, website, SEO, advertising, consulting, design, development, content, or related service provided by Tigertree Technologies.

“Retainer” means a recurring monthly service arrangement.

“Project” means a fixed-scope, casual, once-off, or quoted service.

“Website Work” means website design, website development, website redesign, website revamp, landing page development, website maintenance, website migration, or website-related technical work.

“SEO Services” means search engine optimisation, local SEO, technical SEO, on-page optimisation, content optimisation, keyword targeting, geographic targeting, Google Business Profile optimisation, link-building strategy, and SEO reporting.

“Approved Scope” means the services, deliverables, keywords, locations, timelines, and fees agreed through a quote, proposal, invoice, email, message, or other written communication.

The client accepts these Terms when the client:

a. approves a quote, proposal, invoice, service plan, or scope of work;
b. asks Tigertree Technologies to commence work;
c. provides verbal, written, electronic, or message-based approval;
d. provides instructions through phone, email, WhatsApp, SMS, mobile message, or social media message;
e. pays an invoice in full or in part;
f. provides access to business accounts, website accounts, social media accounts, advertising accounts, or digital platforms for service delivery; or
g. continues receiving services from Tigertree Technologies.

The client confirms that any person approving services, providing instructions, or making payment on behalf of the client has authority to bind the client.

Tigertree Technologies may provide services including, but not limited to:

a. website design and development;
b. website redesign, revamp, maintenance, or updates;
c. SEO services;
d. local SEO and Google Business Profile optimisation;
e. social media management;
f. social media content creation;
g. photography, videography, and editing;
h. branding and graphic design;
i. paid advertising support;
j. campaign planning and execution;
k. digital strategy;
l. digital consulting;
m. analytics, reporting, and performance review;
n. content writing and website copywriting;
o. landing pages and promotional pages;
p. email marketing support;
q. third-party platform setup; and
r. any other service agreed between the parties.

The exact services, inclusions, exclusions, fees, timelines, and deliverables may be set out in a quote, invoice, proposal, email, written message, or other communication.

Where the client engages Tigertree Technologies on a month-to-month retainer, services are provided on a recurring monthly basis unless otherwise agreed in writing.

Retainer services may include ongoing SEO, social media management, content creation, website support, digital strategy, campaign support, reporting, or other agreed services.

Unless otherwise agreed:

a. retainer fees are payable monthly in advance;
b. unused services, unused time, unused posts, unused revisions, or unused deliverables do not automatically roll over to the next month;
c. delays caused by the client do not remove the obligation to pay the monthly retainer; and
d. Tigertree Technologies may pause work if invoices remain unpaid.

Where Tigertree Technologies provides a new website, website redesign, website redevelopment, or significant website revamp as part of a monthly retainer arrangement, the client acknowledges that website work often involves substantial upfront planning, design, development, strategy, content, project management, and technical work.

Unless otherwise agreed in writing, where website work is included in a monthly retainer, the client agrees to a minimum six-month association period.

The six-month period starts from the date services commence, or from the date website work commences, whichever is earlier.

The purpose of this minimum period is to allow Tigertree Technologies to reasonably recover the cost, time, resources, design work, development work, and strategic work involved in providing website-related services under a retainer model.

If the client cancels, terminates, pauses indefinitely, withdraws, or discontinues services before completing the minimum six-month association period, Tigertree Technologies may charge the client for the reasonable value of the website design, development, revamp, strategy, planning, content, project management, and technical work already performed.

The amount payable will be calculated reasonably, having regard to:

a. the scope of website work agreed;
b. the work already completed;
c. the stage of the project;
d. the time spent by Tigertree Technologies;
e. the complexity of the website;
f. design, development, copywriting, content, SEO setup, and technical work performed;
g. project management and communication time;
h. any third-party costs incurred;
i. any discount, bundled pricing, or reduced upfront cost offered because the website was included in a retainer; and
j. any unpaid invoices.

This clause is intended to recover the reasonable value of work performed and costs incurred. It is not intended to operate as a penalty.

If the client requests to pause, hold, delay, suspend, or temporarily stop services during the minimum six-month period, Tigertree Technologies may agree to the pause in writing.

Where services are paused during the six-month period:

a. the six-month period will pause;
b. the remaining period will recommence from the date services resume;
c. any outstanding invoices must still be paid;
d. Tigertree Technologies may charge for work already completed before the pause; and
e. any revised timeline will depend on availability and workload at the time services resume.

For example, if the client pauses services after two months, the client will still be required to complete the remaining four months after services resume.

The client acknowledges that SEO is a long-term strategy and results depend on many factors, including website condition, competition, domain history, industry difficulty, content quality, technical structure, Google algorithm updates, user behaviour, client approvals, and consistency of work.

Tigertree Technologies does not guarantee instant SEO results, immediate rankings, immediate traffic growth, or a specific search position within a short timeframe.

For SEO services, the minimum period required to reasonably assess SEO performance is nine months from the date SEO work properly commences.

The client acknowledges that meaningful SEO performance usually requires consistent work over this minimum nine-month period.

Tigertree Technologies will provide SEO services with reasonable skill, care, and professional effort.

However, the client acknowledges that Tigertree Technologies does not control Google, Bing, search engine algorithms, competitors, customer behaviour, search demand, industry changes, or platform policies.

Tigertree Technologies does not guarantee:

a. first-page Google ranking;
b. number one ranking;
c. fixed keyword positions;
d. specific traffic numbers;
e. specific enquiry numbers;
f. specific lead numbers;
g. specific sales or revenue;
h. permanent ranking positions; or
i. results within a specific short-term period.

Any SEO projections, examples, forecasts, reports, or strategy discussions are estimates only and are not guarantees.

Before SEO work begins, the client must clearly approve the target keywords and geographic locations to be used for SEO planning, content creation, website optimisation, local SEO, Google Business Profile optimisation, reporting, and campaign execution.

The client must confirm:

a. primary services or products to be promoted;
b. target suburbs, cities, regions, states, or service areas;
c. preferred keywords or search phrases;
d. priority locations;
e. excluded services, products, locations, or search terms; and
f. any compliance, licensing, industry, or legal restrictions relevant to the client’s business.

Tigertree Technologies will rely on the client’s approved keywords and approved geographic locations when delivering SEO services.

If the client fails to provide clear approval, Tigertree Technologies may proceed using reasonable professional judgment based on available information, but the client accepts that SEO accuracy, reporting, and outcomes may be affected.

If the client changes, expands, reduces, replaces, or delays approval of keywords or geographic locations after SEO work has commenced:

a. SEO timelines may be affected;
b. ranking progress may be delayed or reset;
c. reporting may become inconsistent;
d. previous optimisation work may require revision;
e. additional content or technical work may be required; and
f. additional charges may apply.

SEO performance will be assessed against the approved keywords, approved locations, agreed budget, agreed scope, and agreed strategy.

The client is responsible for providing accurate information about their business, services, service areas, qualifications, licences, claims, pricing, offers, and target audience.

Tigertree Technologies is not responsible for delayed, reduced, or inaccurate SEO outcomes where the client:

a. provides incorrect or incomplete business information;
b. delays keyword or location approval;
c. changes target areas after work has commenced;
d. requests unrealistic keyword targeting for the agreed budget;
e. delays approval of website content or SEO changes;
f. fails to provide website, hosting, Google Business Profile, analytics, or search console access;
g. changes business name, address, phone number, website domain, service areas, or branding without notice; or
h. stops or pauses services before the minimum SEO assessment period.

For casual, project-based, once-off, or fixed-scope services, Tigertree Technologies will provide services according to the agreed quote, invoice, proposal, email, or written communication.

Any additional work outside the approved scope may be quoted and charged separately.

Casual or project-based work may include:

a. website edits;
b. landing pages;
c. one-off design work;
d. logo design;
e. social media graphics;
f. video editing;
g. photography;
h. consultation;
i. SEO setup;
j. Google Business Profile setup;
k. technical troubleshooting; or
l. other agreed services.

Unless otherwise agreed in writing:

a. invoices must be paid by the due date stated on the invoice;
b. monthly retainers are payable in advance;
c. project deposits are payable before work commences;
d. final balances are payable before handover, publication, launch, transfer, or release of final files;
e. third-party costs may be payable upfront; and
f. unpaid invoices may result in services being paused or suspended.

Tigertree Technologies is not responsible for delays caused by late payment.

Payment of an invoice, whether full or partial, confirms that the client accepts:

a. the services described in the invoice, quote, proposal, or related communication;
b. the price and payment obligation;
c. these Terms and Conditions; and
d. any minimum service period or specific condition mentioned in the invoice, quote, proposal, or communication.

This applies even where the client has not physically signed a separate contract.

If payment is overdue, Tigertree Technologies may:

a. pause active work;
b. suspend scheduled services;
c. stop publishing content;
d. pause website work;
e. pause SEO work;
f. pause advertising support;
g. withhold handover of files, login credentials, design files, website files, or source files; and
h. restrict further work until outstanding amounts are paid.

The client remains liable for all invoices, work performed, third-party costs, and committed resources up to the date of suspension.

If the client fails to pay an overdue invoice, Tigertree Technologies may take reasonable steps to recover the debt.

The client may be liable for reasonable recovery costs, including administrative costs, legal costs, debt collection costs, filing fees, and other reasonable expenses incurred in recovering unpaid amounts, to the extent permitted by law.

If Tigertree Technologies charges a card payment surcharge, the surcharge will not exceed the cost of accepting that payment method.

The ACCC states that businesses can currently charge card surcharges, but the surcharge must not be more than the business’s cost of accepting that payment type. 

Any work outside the approved scope may be treated as additional work and charged separately.

Additional work may include:

a. extra website pages;
b. additional design revisions;
c. new website features;
d. additional content writing;
e. extra graphics, videos, reels, or posts;
f. urgent work;
g. after-hours or weekend work;
h. third-party software setup;
i. changes requested after approval;
j. website migration;
k. troubleshooting caused by third-party platforms;
l. additional SEO locations or keywords;
m. new campaign directions;
n. rework caused by incomplete or incorrect client information; and
o. work caused by delayed feedback or change of direction.

The client must provide all required information, approvals, access, logins, images, videos, brand assets, content, feedback, and instructions in a timely manner.

This may include access to:

a. website admin panels;
b. hosting accounts;
c. domain accounts;
d. Google Business Profile;
e. Google Analytics;
f. Google Search Console;
g. Meta Business Suite;
h. social media accounts;
i. advertising accounts;
j. email marketing platforms;
k. booking systems;
l. CRM systems; and
m. any other relevant platform.

Tigertree Technologies is not responsible for delays, reduced performance, missed deadlines, or incomplete delivery caused by the client’s failure to provide required access, information, approvals, or materials.

The client is responsible for reviewing and approving content, designs, website pages, advertisements, campaigns, copy, graphics, videos, and other materials before publication or launch.

Approval may be given by email, phone, WhatsApp, SMS, mobile message, social media message, project management platform, verbal approval, or any other communication method.

Once the client approves work, Tigertree Technologies may rely on that approval and proceed with publication, launch, printing, scheduling, or delivery.

Reasonable revisions may be included where agreed in the approved scope.

Unless otherwise agreed, revisions do not include:

a. complete change of direction;
b. new concepts after approval;
c. repeated changes after approval;
d. changes caused by incorrect client instructions;
e. changes caused by missing information;
f. additional pages, graphics, videos, or content; or
g. changes outside the agreed service package.

Additional revisions may be charged separately.

Unless otherwise agreed in writing, final website handover will occur only after:

a. all invoices are paid in full;
b. any minimum agreed term has been completed or properly paid out;
c. all website design and development fees are paid;
d. all third-party costs are settled; and
e. any outstanding client obligations are completed.

Until full payment is received, Tigertree Technologies may retain ownership or control of unpaid work, including design files, code, layouts, content, website structure, development work, and creative material.

All concepts, drafts, strategies, designs, templates, source files, working files, campaign structures, written content, code, layouts, graphics, and creative material created by Tigertree Technologies remain the property of Tigertree Technologies until paid for in full.

After full payment, the client receives ownership or usage rights to the final approved deliverables, subject to:

a. third-party licensing terms;
b. stock image or video licence restrictions;
c. software or plugin licences;
d. font licences;
e. platform terms; and
f. any agreed limitations.

Tigertree Technologies retains ownership of reusable templates, internal systems, methods, frameworks, know-how, code libraries, processes, and general business knowledge used to create the work.

The client is responsible for third-party costs unless otherwise agreed in writing.

Third-party costs may include:

a. domain names;
b. hosting;
c. website plugins;
d. stock images;
e. stock videos;
f. fonts;
g. software subscriptions;
h. advertising spend;
i. email marketing platforms;
j. booking systems;
k. payment gateways;
l. third-party developers;
m. platform subscriptions; and
n. external tools or licences.

Tigertree Technologies is not responsible for third-party price changes, policy changes, service interruptions, account suspensions, plugin failures, platform restrictions, or third-party technical issues.

Where Tigertree Technologies assists with advertising, the client acknowledges that advertising performance depends on many factors outside Tigertree Technologies’ control.

These may include audience behaviour, budget, competition, platform policies, ad approvals, market conditions, landing page quality, industry demand, and client offer.

Tigertree Technologies does not guarantee specific advertising results, including leads, sales, revenue, clicks, enquiries, impressions, or conversion rates.

Where Tigertree Technologies provides social media services, the client acknowledges that social media performance depends on audience behaviour, platform algorithms, content quality, consistency, brand reputation, industry trends, and advertising budget.

Tigertree Technologies does not guarantee follower growth, viral reach, engagement, enquiries, sales, or specific platform performance.

The client is responsible for ensuring that all claims, prices, offers, promotions, qualifications, licences, and statements provided to Tigertree Technologies are accurate and lawful.

The client is responsible for the accuracy and legality of business information, claims, pricing, service descriptions, product descriptions, testimonials, images, videos, offers, qualifications, licences, guarantees, and statements supplied to Tigertree Technologies.

Tigertree Technologies may assist with wording, design, content, and strategy, but the client remains responsible for confirming that published material is accurate, lawful, and suitable for the client’s industry.

The client must not ask Tigertree Technologies to publish misleading, deceptive, unlawful, defamatory, discriminatory, offensive, or infringing content.

Any timeline provided by Tigertree Technologies is an estimate unless expressly stated as fixed in writing.

Timelines may be affected by:

a. client delay;
b. late payment;
c. delayed approvals;
d. incomplete information;
e. scope changes;
f. third-party delays;
g. technical issues;
h. platform restrictions;
i. public holidays;
j. urgent client changes; or
k. circumstances outside Tigertree Technologies’ reasonable control.

After any applicable minimum term has been completed, either party may cancel a month-to-month retainer by giving 30 days’ written notice.

Cancellation notice must be provided in writing by email or another written method accepted by Tigertree Technologies.

The client remains responsible for:

a. fees during the notice period;
b. unpaid invoices;
c. work already performed;
d. third-party costs incurred; and
e. any minimum term or website-related cost recovery that applies.

Fees paid to Tigertree Technologies are generally not refundable for:

a. change of mind;
b. change in business direction;
c. lack of client availability;
d. delays caused by the client;
e. failure to provide required information or access;
f. dissatisfaction caused by matters outside Tigertree Technologies’ control;
g. work already completed;
h. time already allocated; or
i. services already delivered.

However, nothing in these Terms excludes, restricts, or modifies any rights the client may have under the Australian Consumer Law. The ACCC states that consumer guarantees cannot be taken away by anything a business says or does. 

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, remedy, or protection that cannot be excluded under the Australian Consumer Law.

Where services are supplied to a consumer within the meaning of the Australian Consumer Law, the client may have rights if services are not provided with due care and skill, are not fit for purpose, or are not supplied within a reasonable time where no time is agreed.

The ACCC states that businesses cannot take away consumer guarantee rights through terms and conditions, signs, policies, or statements. 

To the maximum extent permitted by law, Tigertree Technologies is not liable for indirect loss, loss of profit, loss of revenue, loss of opportunity, loss of business, loss of data, reputational damage, loss caused by third-party platforms, or consequential loss.

Where liability cannot be excluded by law, Tigertree Technologies’ liability is limited, where permitted, to:

a. resupplying the services; or
b. the cost of resupplying the services.

Nothing in this clause limits any liability that cannot legally be limited under Australian law.

Tigertree Technologies may suspend or terminate services if:

a. invoices are overdue;
b. the client fails to provide required information or access;
c. the client repeatedly delays approvals;
d. the client repeatedly changes scope without agreement;
e. the client behaves abusively, unlawfully, threateningly, or unreasonably;
f. the client requests unlawful, misleading, unethical, defamatory, discriminatory, or infringing work;
g. the working relationship has broken down;
h. continuing the work would create legal, financial, reputational, or operational risk; or
i. the client breaches these Terms.

The client remains liable for unpaid invoices, work performed, third-party costs, committed resources, and any reasonable cost recovery up to the date of suspension or termination.

Both parties agree to keep confidential information private and not disclose it to third parties unless:

a. required by law;
b. necessary to perform the services;
c. required by a third-party provider involved in service delivery;
d. already publicly available; or
e. agreed in writing.

Confidential information may include business plans, passwords, marketing strategies, customer information, financial information, campaign data, analytics, internal documents, and unpublished materials.

Unless the client requests otherwise in writing, Tigertree Technologies may display completed work, website screenshots, campaign examples, branding, graphics, videos, photographs, and general project descriptions in its portfolio, website, social media, proposals, and promotional materials.

Tigertree Technologies will not intentionally disclose confidential client information.

The client is responsible for ensuring that access credentials provided to Tigertree Technologies are accurate and authorised.

Tigertree Technologies will take reasonable care when handling access credentials but is not responsible for losses caused by:

a. weak passwords;
b. unauthorised access not caused by Tigertree Technologies;
c. third-party platform breaches;
d. client sharing credentials with other parties;
e. client failure to maintain account security; or
f. platform-level security incidents.

Reports, analytics, rankings, traffic figures, engagement figures, advertising statistics, and SEO data may be obtained from third-party tools and platforms.

The client acknowledges that third-party analytics tools may vary in accuracy, timing, attribution, and reporting methodology.

Tigertree Technologies is not responsible for inaccuracies, delays, or discrepancies caused by third-party reporting platforms.

Tigertree Technologies is not liable for delay or failure to perform services caused by events beyond reasonable control, including natural disasters, illness, internet outages, platform outages, cyber incidents, government restrictions, strikes, supplier failure, war, pandemic, or other unforeseen events.

If a dispute arises, the parties agree to first attempt to resolve the matter in good faith through written communication.

Either party may request a meeting, phone call, or written response to discuss the dispute.

This clause does not prevent either party from seeking urgent legal relief, debt recovery, or exercising rights under Australian law.

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the courts and tribunals having jurisdiction in Queensland, Australia.

Tigertree Technologies may update these Terms from time to time.

Updated Terms may apply to future services, future invoices, renewed services, and continuing engagements after the updated Terms are provided or made reasonably available to the client.

Material changes will not retrospectively remove rights or obligations already accrued unless agreed in writing.

These Terms, together with any quote, proposal, invoice, scope of work, email, written message, or agreed communication, form the agreement between Tigertree Technologies and the client.

If there is inconsistency between these Terms and a specific written agreement signed or confirmed in writing by both parties, the specific written agreement will prevail to the extent of the inconsistency.