Terms & Conditions

Taffy Design’s Terms and Conditions of Quotation and Sale

These are the terms and conditions of quotation and sale of all products and services supplied by Taffy Design. Except as otherwise expressly agreed upon in writing between a duly authorised officer of Taffy Design and the client, the terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the client.

General

1. Quotations are valid for a period of 30 days.
2. All orders placed with Taffy Design shall only be accepted subject to these terms and conditions and Taffy Design may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by Taffy Design to the client.
3. If a client cancels or alters any order or part order at any time after Taffy Design has received the order then Taffy Design reserves the right to render additional costs to the date of such cancellation or alteration.

Terms of Payment

4.  For quotations greater than $1000  the client shall make payment within the following terms:

a.  A 50% non-refundable deposit* based upon accepted quotation.
b.  Final Invoice payment is to be made in full within 14 days of the date of invoice.

5.  For quotations less than $1000 the client shall make payment within the following terms:

a.  Final Invoice payment is to be made in full within 14 days of the date of invoice.

6. Payment shall be made by either Electronic Fund Transfer (EFT) or credit card
7. If the client fails to make payment in accordance with clause 4 or 5, Taffy Design shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment and the parties agree that such default is not a penalty but a true measure of damages incurred by Taffy Design). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.
8. Taffy Design shall also be entitled to claim from the client all costs relating to any action taken by Taffy Design to recover moneys due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.

Copyright and Ownership

9. All ideas, designs, concepts, artwork, compositions, symbols, logos or other trade indicia prepared or developed by Taffy Design shall be the absolute property of Taffy Design and the client shall not use such material in any media until payment is made by the client to Taffy Design in accordance with clause 4 or 5.
10. The copyright for all purposes in any ideas, designs, artwork, compositions, symbols, logos and other trade indicia prepared or developed by Taffy Design (“the copyright work”) vests in Taffy Design.
11. In consideration of payment by the client in accordance with clauses 4 & 5, Taffy Design as the beneficial owner assigns to the client the copyright work subject to clause 12.
12. Notwithstanding clauses 9 to 11 herein, Taffy Design shall retain copyright ownership of all draft concepts, artwork, compositions, symbols and logos (“the draft Artwork”) created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges Taffy Design’s title in the draft artwork.
13. Taffy Design may use any artwork/design for it’s own promotion and portfolio use and add an industry standard ‘Website by Taffy Design.’ back-link to the client’s website, enhancing client Search Engine Optimisation. Taffy Design’s ‘Website by Taffy Design.’ back-link will remain for the life of the design except by negotiation.

Revisions and Supply of Content

14. Unless otherwise negotiated or Taffy Design’s copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Taffy Design assumes all written content supplied by the client adheres to copyright laws.
15. Images are also expected to be supplied before work begins, unless by prior negotiation or if using Taffy Design’s photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). Taffy Design assumes that all correct permissions have been sought and/or royalties paid for images used by the client.
16. Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions. Following two revisions per project, an additional hourly fee will be charged. Taffy Design will advise and seek agreement before proceeding with any work that will incur additional charges.

Project Duration and Client Response Time

17. The client agrees to provide timely responses to Taffy Design after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Taffy Design will deem the project complete. At such time, Taffy Design shall have no further obligation to the client, and the client shall pay Taffy Design all fees and expenses associated with the work performed.

Force Majeure

18. Taffy Design shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Taffy Design including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, internet outages, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Governing Law 

19. The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as Taffy Design may in its sole discretion determine. Proceedings may be instituted in such State or Territory as Taffy Design may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by any appropriate court sitting in the State of New South Wales applying the laws of the State of New South Wales.

*Commencement Deposit

1. It is understood by the client that payment of this Commencement Deposit will secure the client’s project in the Taffy Design production schedule and will effect Taffy Design’s ability to accept other work.
2. The Commencement Deposit may be partially refunded depending on a range of factors to be determined by Taffy Design at the time of a written request for refund. Factors may include but are not solely limited to, loss of future earnings due to scheduling of the project, head-hours accrued on project development including all project management, professional advice and correspondence.