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Growth Subscription Agreement
NZD $6600 per year
12-month initial term.
Two 45-minute Calls Per Month
10% Product Studio Discount
Project Discounts (10%, 15%, 20%)
1. Subscription Agreement
The Subscription Agreement is between Parties. VB Ventures Limited, NZBN – 9429049323894, trading as @Design Global (“@Design Global”), and the person or entity that accepts this Agreement (the “Client”).
1.1 Subscription Details.
- Plan: Growth
- Initial Term: 12 months from the Start Date
- Subscription Fee: NZD $6600 per year, exclusive of GST
- Calls: two 45-minute Calls per month
- Product Studio Discount: 10%
- Project Discounts: 10% (Project Fees under $5,000 NZD), 15% ($5,001 to $15,000 NZD), 20% (over $15,000 NZD)
1.2 Definitions
In this Agreement:
- Agreement: means these terms and the Subscription Details.
- Business Day: Day means a day other than a Saturday, Sunday or public holiday in Auckland.
- Call: means a scheduled advisory call under clause 5.
- Initial Term: means the 12 months commencing on the Start Date.
- Product Studio Services: means services provided by @Design Global’s Product Studio.
- Project: means work outside the benefits of this Agreement, scoped and agreed under clause 7.
- Project Fees: means @Design Global’s own fees (Service Charges) for a Project, excluding Third-Party Costs and GST.
- Renewal Term: means a further term of 12 months under clause 10.
- Start Date: means the date of the Client’s first payment.
- Subscription Period: means the Initial Term and any Renewal Term.
Plan Summary
Growth Plan
Your Details
2. Formation
2.1 The Client accepts this Agreement by ticking the acceptance box and completing
payment under clause 8.
2.2 The Client is treated as having signed this Agreement electronically.
2.3 The person accepting on behalf of the Client warrants that they are authorised to
bind the Client and that the information supplied at sign-up is accurate.
3. Term
This Agreement commences on the Start Date and continues for the Initial Term, unless it is renewed under clause 10 or terminated earlier in accordance with its terms
4. Subscription benefits
During the Subscription Period, @Design Global will provide the Client with the
following, and no other services are included unless agreed in writing.
(a) Two Calls of 45 minutes in each month, approximately two weeks apart.
(b) Team access under clause 6.
(c) Project discounts and the Studio Discount under clause 7.
5. Calls
5.1 Calls will be scheduled at times agreed by the parties.
5.2 A party cancelling a Call must give at least 24 hours’ notice before its scheduled
start time.
5.3 If @Design Global cancels a Call, @Design Global will reschedule it.
5.4 If the Client cancels a Call in accordance with clause 5.2, @Design Global will use
reasonable endeavours to offer an alternative time. The alternative time may be later
than the original, and the rescheduled Call remains available even if it takes place after
the month in which it was first scheduled.
5.5 A Call lapses and is treated as used if the Client cancels the same Call a second
time, does not attend, or cancels with less than 24 hours’ notice.
5.6 Calls not used by the end of each month expire and do not carry forward.
6. Team access
6.1 During the active 12-month Subscription Period, the Client may contact @Design
Global for advice and clarification exclusively regarding projects initiated and executed
within that specific subscription term, regardless of the individual project’s completion
status.
6.2 @Design Global will use reasonable endeavours to respond within Two [2] Business Days.
6.3 Team access is for advice and clarification only. Any additional work is a new
Project.
7. Projects and discounts
7.1 Each Project must be scoped, priced and agreed in writing before work begins, and
is charged separately from the Subscription Fee.
7.2 For each Project commissioned during the Subscription Period, @Design Global will
apply the discount set out in the Subscription Details according to the amount of the
Project Fees (the Project Discount).
7.3 @Design Global will apply the discount set out in the Subscription Details to its fees
for Product Studio Services commissioned during the Subscription Period (the Studio
Discount).
7.4 Discounts apply only to @Design Global’s own fees, exclude Third-Party Costs and
GST, and apply only while no amount payable under this Agreement is overdue.
7.5 Discounts cannot be combined. The Project Discount applies only to @Design
Global’s Project Fees and excludes Product Studio Services. The Studio Discount
applies only to Product Studio Services, whether they are billed separately or bundled
within a project. No single fee is eligible for more than one discount.
8. Fees and payment
8.1 The Client must pay the Subscription Fee monthly in advance for each month of the
Initial Term.
8.2 The Client may instead elect to pay the Prepaid Fee for the whole Initial Term in
advance.
8.3 All fees are in New Zealand dollars and exclude GST. GST is added where the Business is based in New Zealand.
8.4 Payment is made by card, including Apple Pay and Google Pay, through @Design
Global’s payment provider, Stripe. The Client authorises @Design Global to charge the
nominated card for each amount due under this Agreement.
8.5 The Subscription Fee will not change during the Initial Term. @Design Global may
change the Subscription Fee for a Renewal Term, and will state any new fee in the notice
under clause 10.
8.6 If a payment fails, @Design Global will notify the Client and may retry the payment.
If the amount remains unpaid Seven [7] days after notice, @Design Global may suspend
the benefits under clause 4 until it is paid. Suspension does not reduce any fee payable.
8.7 Third-Party Costs are payable by the Client as agreed in the relevant Project
agreement.
9. Minimum term and early ending
9.1 The Client may not terminate this Agreement for convenience before the end of the
Initial Term.
9.2 If the Client ceases to pay, gives notice purporting to cancel, or @Design Global
terminates under clause 11.1 for the Client’s breach, all Subscription Fees for the
unexpired part of the Initial Term become immediately due and payable, less amounts
already paid.
9.3 The Client acknowledges that the Subscription Fee, the discounts and the other
benefits are set on the basis of a 12-month commitment, and that clause 9.2 is a
reasonable measure of @Design Global’s legitimate interest in that commitment.
9.4 @Design Global may, at its discretion, agree in writing to release the Client from the
balance of the Initial Term. Any release is conditional on the Client repaying the
discounts it has received under clause 7.
10. Renewal
10.1 No later than 30 days before the end of each term, @Design Global will give the
Client written notice of the Subscription Fee for the following term.
10.2 This Agreement renews for a Renewal Term only if the Client confirms in writing
before the end of the current term.
10.3 If the Client does not confirm, this Agreement expires at the end of the current
term.
11. Termination
11.1 Either party may terminate this Agreement by written notice if the other materially
breaches it and does not remedy the breach within Fourteen [14] Business Days of
written notice requiring remedy.
11.2 Either party may terminate this Agreement immediately by written notice if the
other becomes insolvent or enters liquidation or receivership.
11.3 If the Client terminates under clause 11.1, @Design Global will refund the
Subscription Fees paid for the period after termination, and clause 9.2 does not apply.
11.4 Termination does not affect rights accrued before termination, or clauses 15, 16,
17 and 22, which continue.
12. Standard of service
12.1 @Design Global will perform its services with reasonable care and skill.
12.2 @Design Global does not guarantee any outcome, including revenue, funding,
valuation, sale or market entry. Outcomes depend on factors beyond @Design Global’s
control, including the Client’s decisions, market conditions and the actions of third
parties.
13. Client responsibilities
The Client must provide accurate information, timely feedback and reasonable access
to its decision-makers. @Design Global is not responsible for delays caused by a failure
to do so.
14. No professional advice
@Design Global’s services are not legal, tax, accounting, regulatory, compliance,
regulated financial or investment advice. Where local legal or compliance support is
needed, @Design Global may introduce the Client to independent providers, whom the
Client engages directly.
15. Confidentiality
15.1 Each party must keep the other’s Confidential Information confidential and use it
only for the purposes of this Agreement.
15.2 Confidential Information means non-public business, financial, investor and
commercial information disclosed by a party in connection with this Agreement.
15.3 A party may disclose Confidential Information to its professional advisers, to
personnel who need to know it and are bound by equivalent obligations, and as required
by law.
16. Intellectual property
16.1 @Design Global retains all Intellectual Property (IP) in its frameworks (including the
ACBD Framework), methods, tools, templates and pre-existing materials.
16.2 The Client retains ownership of the materials it provides and grants @Design
Global a licence to use them to perform this Agreement.
16.3 Ownership and use of Project deliverables are governed by the relevant Project
agreement.
17. Limitation of liability
17.1 To the extent permitted by law, @Design Global is not liable for indirect or
consequential loss, including loss of profit, revenue, savings, opportunity or goodwill.
17.2 The total liability of @Design Global arising under or in connection with this
Agreement, whether in contract, tort (including negligence), or otherwise, shall be
strictly limited to the total Subscription Fees paid by the Client during the 12 months
preceding the event giving rise to the claim.
17.3 Nothing in this Agreement limits liability that cannot lawfully be limited.
18. Business use
Each party is in trade, and the Client acquires the services for the purposes of a
business. To the extent permitted by law, the Consumer Guarantees Act 1993 does not
apply, and the parties agree that this is fair and reasonable.
19. Events beyond control
Neither party is liable for failure or delay caused by an event beyond its reasonable
control. Any affected Call will be rescheduled under clause 5.
20. Privacy
@Design Global will handle personal information in accordance with the Privacy Act
2020 and its Privacy & Cookie Policy.
21. General
21.1 This Agreement is the entire agreement between the parties for the Growth
subscription and supersedes any website summary or prior statement.
21.2 A variation must be in writing and agreed by both parties.
21.3 The Client may not assign or transfer its rights under this Agreement without
@Design Global’s written consent.
21.4 If a provision is unenforceable, the remaining provisions continue in force.
21.5 A failure or delay in exercising a right is not a waiver of it.
21.6 All notices under this Agreement must be sent by email. @Design Global will send
notices to the Client using the email address provided during sign-up. The Client must
send notices to @Design Global using the email address contact@atdesignglobal.com.
22. Governing law and disputes
22.1 This Agreement is governed by the laws of New Zealand.
22.2 A party claiming that a dispute has arisen must give written notice, and the parties
will attempt in good faith to resolve it within Fifteen [15] Business Days.
22.3 Each party submits to the jurisdiction of the courts of New Zealand.
