GROWTH PLANS AGREEMENT

This Growth Plans Terms and Conditions Agreement (“Agreement”) is entered into by and between Tiberius Interactive LLC, a New York limited liability company doing business as TIBINT (“TIBINT”), and the client who engages TIBINT by selecting one of the Growth Plans (“Client”).

1. SCOPE OF SERVICES

TIBINT offers a series of marketing and business growth subscription plans known collectively as the “Growth Plans.” The Client shall select one of the following predefined plans:

  • Startup Plan

  • Essential Plan

  • Pro Plan

  • Premium Plan

  • Enterprise Plan (customized by mutual agreement)

Each Growth Plan includes a bundle of services such as marketing strategy, brand management, digital advertising, SEO, website content, CRM support, and other consulting and technical services. The specific services provided under each plan are set forth at https://tibint.com/services/growth/ and in the Client’s onboarding documentation. The Enterprise Plan may include customizations defined in a separate written Scope of Work signed by both parties.

2. TERM OF AGREEMENT

This Agreement shall commence on the date of the first successful payment made by the Client (“Effective Date”) and shall continue for a period of twelve (12) consecutive months (“Initial Term”).

Upon expiration of the Initial Term, this Agreement shall automatically renew for successive twelve (12) month periods unless either party provides written notice of non-renewal at least thirty (30) calendar days prior to the renewal date.

3. FEES AND PAYMENT TERMS

(a) Plan Fees. The Client shall pay TIBINT the applicable monthly or annual fee corresponding to the selected Growth Plan. Monthly billing shall be charged at full price; annual billing shall reflect a twenty percent (20%) discount.

(b) Onboarding Fee. A one-time, non-refundable onboarding fee shall be assessed at the start of service. The amount of the fee varies depending on the selected plan and will be disclosed in writing prior to initiation of the Agreement.

(c) Billing Method. Payment shall be made via automated billing or other method approved in writing by TIBINT. Client authorizes TIBINT to charge the payment method on file for all recurring and one-time charges.

(d) Late Payments. Any payment not received within five (5) business days of its due date shall be subject to a late fee equal to one and one-half percent (1.5%) of the overdue amount per month, or the maximum amount permitted by law, whichever is less. TIBINT reserves the right to suspend services until all overdue payments are received.

4. CLIENT RESPONSIBILITIES

Client agrees to cooperate fully and provide TIBINT with timely access to necessary information, personnel, platforms, credentials, and approvals required for TIBINT to perform the services effectively. Client shall appoint a primary point of contact who is authorized to make decisions and provide approvals. Delays resulting from Client’s failure to respond within five (5) business days to TIBINT’s requests may impact deliverables and shall not be deemed a breach by TIBINT.

5. TERMINATION

(a) Termination for Convenience by Client. The Client may terminate this Agreement at any time prior to the end of the Initial Term or any renewal term by providing thirty (30) calendar days’ written notice and paying an early termination fee equal to:

(i) Three (3) months’ worth of the then-current Plan fee; or
(ii) The remaining balance of the term, if less than three (3) months remain.

(b) Late Notice of Non-Renewal. If Client provides notice of non-renewal less than thirty (30) days before the renewal date, the Agreement shall renew automatically, and the Client shall be responsible for the early termination fee outlined above unless otherwise agreed in writing by TIBINT.

(c) Termination for Cause. Either party may terminate this Agreement upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within ten (10) business days after receipt of written notice. TIBINT may terminate the Agreement immediately upon Client’s failure to make timely payments.

6. INTELLECTUAL PROPERTY AND LICENSE

(a) Ownership. All materials, deliverables, strategies, content, creative assets, code, software, systems, documentation, and other works created, developed, or provided by TIBINT under this Agreement (“Work Product”) shall remain the sole and exclusive property of TIBINT.

(b) License. Subject to full and timely payment of all fees due, TIBINT grants Client a limited, non-exclusive, non-transferable, revocable license to use the Work Product internally for the duration of the Term. This license shall expire automatically upon termination or expiration of this Agreement.

(c) Copyright and Code. All copyrights, trade secrets, and other intellectual property rights in the Work Product shall remain exclusively with TIBINT. No ownership rights, including copyrights, shall be transferred to the Client. All code or technical implementations shall remain the property of TIBINT unless otherwise agreed in writing and purchased separately outside the scope of this Agreement.

7. WARRANTIES AND DISCLAIMERS

TIBINT provides services using reasonable care and skill consistent with industry standards. However, TIBINT makes no representations or guarantees regarding the results, profitability, or effectiveness of the services provided. All services are offered “as is,” and TIBINT disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. LIMITATION OF LIABILITY

In no event shall TIBINT’s liability under this Agreement exceed the total fees paid by Client in the six (6) months preceding the event giving rise to the claim. TIBINT shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of revenue, profits, or business opportunity.

9. DISPUTE RESOLUTION

Any dispute or claim arising under or relating to this Agreement shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in New York County, New York. Each party shall bear its own costs, and the arbitrator’s decision shall be final and binding.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles.

11. ENTIRE AGREEMENT

This Agreement, including any exhibits, attachments, onboarding documentation, or additional written agreements expressly incorporated herein by reference, represents the full and complete agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, proposals, representations, discussions, or communications, whether written or oral. No other agreements, promises, or representations shall be binding unless in writing and signed by both parties.

The Client may indicate acceptance of this Agreement either by: (a) physically signing a document containing these Terms and Conditions, or (b) electronically agreeing to the Terms and Conditions during the online checkout or onboarding process, including clicking an “Accept” or “I Agree” button or checkbox. Such electronic acceptance shall be deemed to have the same legal effect as a physical signature.

12. AMENDMENTS

No change, amendment, or modification of this Agreement shall be valid unless made in writing and signed by both TIBINT and the Client. This includes, but is not limited to, any changes in scope, fees, or term. TIBINT reserves the right to update these Terms and Conditions for future contracts or renewals, provided written notice is given to the Client no less than thirty (30) days before any renewal term.

13. ASSIGNMENT

The Client may not assign, delegate, or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of TIBINT. Any unauthorized assignment shall be null and void. TIBINT may assign this Agreement without notice in the event of a merger, acquisition, or transfer of substantially all of its business assets.

14. FORCE MAJEURE

Neither party shall be held liable or responsible for any delay or failure in performance under this Agreement arising from or attributable to acts of God, natural disasters, epidemics, pandemics, acts of civil or military authorities, war, terrorism, labor disputes, supply chain disruptions, or any other cause beyond the reasonable control of the affected party. Performance shall be suspended for the duration of the delay, and both parties shall use reasonable efforts to resume performance as soon as possible.

15. NOTICE

All notices required or permitted under this Agreement shall be in writing and delivered primarily via email with confirmation of receipt. If a party chooses to also send a notice by certified mail or courier, they must notify the receiving party of such physical mailing via email. Notices shall be sent to the addresses provided by each party at the time of engagement or as updated in writing. Notices shall be deemed delivered: (i) when confirmed received via email; (ii) two (2) business days after deposit with a nationally recognized overnight courier, provided an email notification was also sent; or (iii) three (3) business days after mailing via certified mail, provided an email notification was also sent.

16. NO WAIVER

No failure or delay by either party in exercising any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof. Any waiver must be in writing and signed by the party granting such waiver. A waiver of any breach of this Agreement shall not constitute or be construed as a waiver of any subsequent breach.

12. Send written notice to:

If you have questions or concerns, please e-mail: legal@tibint.com

By selecting a Growth Plan and proceeding with payment, the Client agrees to be bound by these Terms and Conditions in full.