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 are accepted subject to these terms and conditions. Taffy Design may alter these terms and conditions at any time, and any altered terms will apply once the client has been notified.
3. If a client cancels or alters an order or part order after Taffy Design has received it, Taffy Design reserves the right to charge for costs incurred up to that point.

Terms of Payment

4. The client shall pay a 50% non-refundable Commencement Deposit* upon acceptance of the quotation. This secures the client’s project in the Taffy Design production schedule, and must be paid in full before work on the project begins.
5. The 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 Funds Transfer (EFT) or credit card.
7. If the client fails to make payment in accordance with clause 4 or 5, Taffy Design may charge a late payment fee plus interest of 10% per annum on the overdue amount, calculated daily from the due date. This reflects a genuine estimate of loss, not a penalty. Payments received are applied to interest first, then the outstanding balance.
8. Taffy Design may also recover any costs incurred in collecting unpaid amounts, including legal costs, and may pause delivery of any outstanding services or products until payment is received.

Copyright and Ownership

9. All ideas, designs, concepts, artwork, compositions, symbols, logos, and other trade indicia prepared or developed by Taffy Design remain the absolute property of Taffy Design. The client must not use this material in any media until payment has been made 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 and 5, Taffy Design, as the beneficial owner, assigns the copyright work to the client, subject to clause 12.
12. Notwithstanding clauses 9 to 11, Taffy Design retains copyright ownership of all draft concepts, artwork, compositions, symbols, and logos (“the draft Artwork”) created for the client under these terms but not ultimately used by the client. The client acknowledges Taffy Design’s ownership of the draft Artwork.
13. Taffy Design may use any artwork or design for its own promotion and portfolio purposes, and may add an industry-standard “Website by Taffy Design” back-link to the client’s website to support the client’s SEO. This back-link remains in place for the life of the design unless otherwise negotiated.

Revisions and Supply of Content

14. Unless otherwise negotiated, or unless Taffy Design’s copywriting services are used, the client must supply all text and graphics (logos, images, etc.) for the project in text file format at the start of the project. Text should be as close to final format as reasonably possible, with spelling, grammar, and accuracy checked, and minimal formatting (this includes any text carried over from a previous website). Taffy Design assumes all written content supplied by the client complies with copyright law.
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 – logos and images in original Illustrator or Photoshop format, or hi-res JPEG files (300 dpi). Taffy Design assumes the client has obtained the correct permissions and paid any required royalties for images they supply.
16. Unless otherwise quoted or negotiated, projects include two rounds of revisions. Beyond that, an hourly fee applies, and Taffy Design will always confirm this with the client before proceeding.

Project Duration and Client Response Time

17. The client agrees to respond promptly to status updates, work for review, and requests for information, and has 30 days to respond to each request. If the client hasn’t responded within that time, Taffy Design will deem the project complete, with no further obligation to continue, and the client remains liable for all fees and expenses for work performed to that point.

Force Majeure

18. Taffy Design is not liable for any failure or delay in supplying or delivering products or services where this is wholly or partly due to circumstances outside Taffy Design’s reasonable control, 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 acts of terrorism.

Governing Law 

19. These terms and conditions are governed by the laws of the State or Territory Taffy Design determines in its sole discretion, and any proceedings may be instituted in that State or Territory. If no such determination is made, the client consents to proceedings being heard in New South Wales, under the laws of New South Wales.

*Commencement Deposit

By paying the Commencement Deposit, the client acknowledges that this secures their project in the Taffy Design production schedule, which affects Taffy Design’s ability to accept other work during that time.

Refunds of the Commencement Deposit are entirely at Taffy Design’s discretion and are not guaranteed. Any refund request must be made in writing. Taffy Design will assess the request against factors including loss of future earnings due to project scheduling, and hours already accrued on project management, professional advice, and correspondence. Where these factors equal or exceed the value of the deposit, no refund will be payable.