Terms of Service

These Terms of Service cover all Contracts entered into by a Client with Taran Dunn for services relating to design, printing, visual media, web, branding and illustrations (Artwork).

These Terms of Service are subject to change without notice.

These Terms of Service apply to Taran Dunn and all of its contractors and subsidiaries.

It is understood that Taran Dunn's status under any Contract entered into is that of an independent contractor and that all persons engaged by Taran Dunn in performing its obligations shall not be deemed employees of the Client.

Taran Dunn and the Client will attend an initial consultation at no charge to the Client. This can be held via phone, in person or via conference call. Should the Client choose to commission Taran Dunn to undertake the Client’s project, a Project Brief and/or Quote will be constructed through the collection of existing media and background information in consultation with the Client. This will assist in the evaluation and formulation of the Client’s project requirements.

If no delivery date for Final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause 12. The length of time between consultation and delivery of Final Artwork will have no effect on the requirement to remit funds on invoicing.

Taran Dunn may outline a set number of revisions allowed to Project Artwork for each Client under the details of the original Project Brief/Quote. Taran Dunn will not charge for additional revisions of Project Artwork provided that the Client’s requests for revision conform to the original Project Brief/Quote, are communicated within the agreed timeline (if provided) and do not exceed the set number of revisions granted to the Client in the Project Brief/Quote. Any additional work, revisions or variations outside of the terms of the original Project Brief/Quote, or that exceed the set number of revisions granted to the Client in the Project Brief/Quote, will be charged at the rate of $100 per hour, billed in 30 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.

Quotations and estimates are generated by Taran Dunn on the basis of the Project Brief and requirements and expected time investment. Quotations and estimates may be subject to change if additional work, revisions or variations are required. Final fees and expenses shall be shown when invoice is rendered. The fees and expenses shown are minimum estimates only unless the quote and/or invoice is clearly marked ‘Firm Quote’, otherwise the stated hourly fee will be payable on all time over that which was initially quoted, to be billed in 30 minute increments.

All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

Taran Dunn reserves the right to request a deposit from the Client prior to starting work on their Project. If a deposit is requested by Taran Dunn, an invoice will be generated and delivered to the Client and payment is expected within 14 days. By remitting deposit funds to Taran Dunn, the Client is accepting the Terms of Service and entering a Contract with Taran Dunn. The contents of the Project Brief and these Terms of Service constitute the full Contract. All deposits are non-refundable.

If a deposit is not requested, the Client is considered to accept the Terms of Service upon request of services/work from Taran Dunn and upon signing the Acceptance of Contract form included in the Project Brief/Quote.

Taran Dunn will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of website construction, Artwork printing (if required) or delivery of Final Project Artwork. Taran Dunn reserves the right to not proceed with these services/deliveries until payment has been received in full from the Client.

Taran Dunn reserves the right to invoice prior to the time detailed in clause 5.3 if the Client has been uncontactable or unresponsive for more than 14 days (please refer to Cancellation & Variation Policy, which begins with clause 6.1).

Taran Dunn reserves the right to invoice for work completed if the Project exceeds 60 days.

The Client reserves the right to request a payment plan which may be accepted by Taran Dunn at its sole discretion. All payment plans must be agreed to both parties in writing.

All prices quoted on Taran Dunn's website and advertising material include delivery and exclude GST.

All payments are to be made within 14 days of invoicing. A $50 service charge is payable on all overdue balances for reissuing each invoice at 30, 45, 60, 75 and 90 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.

Taran Dunn is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days. The Client shall assume responsibility for cost outlays by Taran Dunn in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.

Taran Dunn reserves the right to delete Client website(s) with accounts more than 90 days outstanding payment. Deletion of the website(s) does not void the requirement for payment.

Taran Dunn reserves the right to charge additional costs if the Client requests amendments to the original Project Brief, the original Project outcome is altered or further Artwork is requested (refer to clause 3.2). All additions, alterations or changes in content, layout or process changes requested by the Client will alter the time and therefore final cost.

If the Client requests the cancellation of the Project, ownership of all copyrights and the original Artwork shall be retained by Taran Dunn.

If the Client requests the cancellation of a Project, a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. The cancellation fee will be calculated by Taran Dunn based on no less than 100% of the hours already billed for the project (if the Project is on an hourly basis) at the time of cancellation plus a flat fee of $250 or 50% of the remaining hours that were expected to be completed on the Project, whichever is greater, or the cost of Artwork and services already provided. The Client will be invoiced this amount minus any deposits paid on the Project to date. If the determined monies payable is less than the deposit paid, no cancellation fee will be charged.

If the Client requests the cancellation of the Project once the Project has been finished, a cancellation fee of 100% of the Project cost is due, whether Artwork has been delivered to the client or not. Cancellation of the Project once the Project has been finished will void any ownership of copyrights and the Artwork that the Client possesses in accordance with clause 6.2 The Client agrees to return or destroy any delivered Artwork they posses and understand that any use of these Artworks after cancellation of the Contract or the Project under which they were created is illegal.

Taran Dunn will declare the Project completed if no response is received from the Client within 30 days of providing a concept Artwork/Proof and this Artwork will be determined as the final accepted Artwork for the Project. Taran Dunn will then invoice the Client for final payment of the entire Project and non-payment will result in collection processes. Legal action may also be taken by Taran Dunn to recover all monies owed.

The Client is responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to, design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required. The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or further web development at Taran Dunn's expense pertaining to any errors in the approved proof that are a result of oversight by the Client. If requested by the Client, printouts of Artwork proof will be supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.

Clients who choose to submit their own Artwork, files or images are solely responsible for the end result of printing. Clients are reminded to submit print-ready Artwork with the correct specifications. Taran Dunn will print the Client’s submission as requested however Taran Dunn is not responsible for Artwork mistakes. Taran Dunn is also not be liable for supplied file errors. There will be no reprints at Taran Dunn’s expense resulting from these errors.

When Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm minimum internal margin from the bleed line is recommended if the Client is supplying Artwork.

It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. Taran Dunn and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use. Taran Dunn can not be held responsible for any violations to Australian copyright laws that are a result of the Client submitting their own Artwork.

Ownership of copyright over all original Artwork, whether preliminary or final, including concepts and draft Artwork, plus the final Artwork, remains with Taran Dunn. This includes, but is not limited to: logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal. For more information visit: http://www.copyright.org.au.

All Artwork designed will remain the sole property of Taran Dunn until the Project fee is paid in full. Future re-print requests of the same Artwork will only incur a print management fee, unless changes to the Artwork are required.

Upon full payment of the Project fee, copyright ownership will be granted to the Client. Taran Dunn retains rights to utilise Artwork, whether preliminary or final, and all design elements for portfolio and self-promotion purpose.

If a transfer of ownership of all rights is requested by the Client, additional fees may be charged. If the Client wishes to hold full ownership of the rights to a specific design or concept, these may be purchased at any time for a re-calculation of the hourly rate on the time billed or the entire Project cost.

All Projects that require the creation of imagery or photographs (Images), either as the whole or part of the Project, by Taran Dunn will also be subject to the terms of use as outlined in the Image Commercial Use License Agreement or Image Non-Commercial Use License Agreement that accompanies each Image, or collection of Images, in addition to these Terms and Conditions. These License Agreements outline the approved uses of the Images by the Client. Images created for commercial use will incur a Commercial Licensing Fee. Failure to pay this fee will make any commercial use of the Images illegal.

No part of these License Agreements shall render any part of these Terms of Service unenforceable.

Each License Agreement is different depending on the nature of the Project and the Images themselves. The issue of a License Agreement accompanying the final delivery of any Images means that the use of those Images is to be governed by the clauses contained within that specific version. No other version of a License Agreement, either Commercial or Non-Commercial, issued by Taran Dunn, either to the Client or any third-party, shall be applicable to the use of the images/photographs created for the Project under any circumstances. Should the Client desire a change to be made to the License Agreement, they can request this from Taran Dunn at any time for an additional fee.

Use of Images that do not adhere to the terms of the License Agreement issued with them is illegal and will incur damages under Australian Copyright Law.

Where no License Agreement is issued with Images, these Terms of Service shall remain in full effect and act as the full terms of use for the Images. Failure to adhere to these Terms and Conditions, even without a License Agreement, is illegal and will incur damages under Australian Copyright Law.

The License Agreement for each Image, or collection of Images, will be issued upon final delivery of the Project Artwork, and will be presented as a locked electronic PDF file located inside the folder which contains the Project Artwork.

All use of Images by the Client must be accompanied by an appropriate credit, regardless of whether the images are used on their own outside of the Project Artwork, integrated into another design or montage outside of the Project Artwork, or feature as part of the original Project Artwork. This credit must mention Taran Dunn by name and credit him as the photographer, for example: “Photography by Taran Dunn”. Wherever possible, this credit must also mention Taran Dunn's website, www.tarandunn.com. It is the Client’s responsibility to confirm with Taran Dunn that appropriate credit has been included in any use of the Images. Taran Dunn reserves the right, at any time, to request that a credit be added, revised or removed to any use of the Images.

Relating to Clause 10.7, the Client agrees to use the watermarked version of the Images (watermarked meaning the version of each Image that features Taran Dunn's logo, name, credit and website address overlayed onto the Image) wherever possible and applicable. Where the watermarked version of the Images is used, this shall constitute an appropriate credit. Taran Dunn understands that not all uses of the Images can permit the use of Taran Dunn’s watermark, and in this instance appropriate credit must instead be given as outlined in Clause 10.7. Generally, the watermarked versions of each Image must be used on social media websites, and other online areas outside of the Client’s own website. It is the Client’s responsibility to ensure that either the correct watermark or correct credit has been used in each use of the Images.

It is forbidden to crop, distort, alter, recolour or otherwise change the appearance of Taran Dunn's watermark.

Printing will not commence until full payment for Artwork and print services is received. The general turnaround time for printing is 5 - 10 working days dependant on the product type. Some printing may take longer. This period commences at the date of Client approval of Artwork proof and payment. All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and bulk-run printing systems. There will be no reprints at Taran Dunn’s expense if colour variations occur.

The Client agrees to supply Taran Dunn with a small quantity of all final print products for archiving and portfolio purposes. The quantity to be supplied will be determined by Taran Dunn based on the nature of the Project, and will be subtracted from the total number of copies made in the print run.

Taran Dunn cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and are undamaged.

Taran Dunn delivers final digital Artwork files either via cloud storage or email and only upon receipt of full payment for the Project. Where email delivery is used, the Client will receive a zipped folder containing the Project Artwork. The Client may keep this email for as long as they wish. Should the Client require their Project Artwork to be re-sent due to loss or damage of the files or the email on the Client’s behalf, an additional fee may be charged.

Where cloud storage is used, the Client will be given a link to download the Project Artwork directly to as many computers or storage devices as they wish. Access to the cloud storage will only be granted for a period of 7 consecutive days. If additional access time is needed, or if the Client requires access to be re-issued once the files have been removed from cloud storage after 7 days, an additional fee may be charged.

The Client agrees to allow Taran Dunn to add a small credit on the Client’s website. Usually, this will be in the form of a small line of text placed towards the bottom of the website. This may alter depending on the technical or visual requirements of the Client’s website.

The Client also agrees to allow Taran Dunn to place websites and other designs, along with a link to the Client’s site on Taran Dunn's own website for self-promotional purposes, unless agreed to by both parties in writing beforehand.

Upon completion of a website build, Taran Dunn will provide the Client with the opportunity to review the finished website. This is known as the "review period". Taran Dunn will make one set of minor changes at no extra cost within 30 days of submission to Client for review during the review period.

Minor changes include content changes and minor adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes, any navigation features, major additions or subtractions to the website’s structure or content, or the addition of extra pages, features or sections.

Taran Dunn can be notified of any requested changes by e-mail. Taran Dunn will assume that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 30 days of the start of the review period.

If the Client requires major changes to their website, including but not limited to changing or addition of new images, changes to colour schemes, changes to any navigation features, major additions or subtractions to the website’s structure or content, or the addition of extra pages, features or sections, then these changes will require additional work and constitute an extension of the original Contract between the Client and Taran Dunn and will be charged at the rate of $100 per hour, billed in 30 minute increments. All prices exclude GST. Additional expenses will be charged accordingly. What constitutes a major change will be determined at Taran Dunn’s sole discretion based on the request put forth by the Client.

Taran Dunn does not offer digital marketing or search engine optimisation (SEO) related services. Taran Dunn builds websites to include the minimum technical requirements of SEO at the time of building, but does not advise on digital marketing strategy, execution and is not responsible any results relating to digital marketing and SEO.

Taran Dunn does not guarantee, and is indemnified by the Client against, any claims regarding the following:

1. The website's presence on any search engine or the appearance of search engine listings;

2. The position of the website in any search engines;

3. Which, or if any, of the web pages will be listed in any search engines;

4. The time it will take for any search engines to list the website;

5. The effectiveness of keywords or key phrases; and

6. The SEO performance of the website, including conversion rates or leads generated from digital marketing practices.

Relating to clause 8.1, Taran Dunn takes no responsibility for duplicate content found on the Client’s website or if the website is search engine "black listed" due to the written content or images of their site.

The Client is to refer to hosting and domain name providers for queries regarding the following services: domain names, hosting and registration, SSL certificates, email addresses and email hosting.

The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms and Conditions: set up of email addresses, emails going to spam/junk, email not functioning and email signatures.

Taran Dunn does not provide the following services: domain names, hosting and registration, SSL certificates, email addresses, email hosting, setup of email addresses, emails errors of any kind and email signatures. All costs associated with these services are the Client’s responsibility.

Taran Dunn holds no responsibility if your email addresses are targeted with spam as it is outside of our control. Taran Dunn holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material.

Websites using a content management system (CMS) are delivered in an agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party are the responsibility of the Client or site owner.

Websites are built using the latest software available at the time. All terms related to website design and development in these Terms of Service also apply to content management systems.

Taran Dunn builds and designs websites to the best of his knowledge at the time of completion. Taran Dunn cannot take responsibility if the Client’s site is “hacked”. Taran Dunn does not provide software updates or take responsibility if the software used becomes out of date or obsolete. Taran Dunn does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system.

Taran Dunn does not hold responsibility for any content posted on the client’s website. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibility of Taran Dunn.

Taran Dunn does not hold any responsibility for misuse of the CMS or website.

Taran Dunn does not back up website content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their website.

Any sales tax, use tax, or other tax payable on production and delivery of the Project to the Client (other than sales tax arising from Taran Dunn’s purchases of materials or supplies in connection with the Project) shall be the responsibility of the Client who shall pay, defend and hold harmless Taran Dunn from payment of any such taxes.

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

Additional expenses may arise during a Project that are required to complete the Project, including but not limited to stock photography, licensed artwork, licensed fonts and CMS licenses or plugins. Any additional expenses required will be communicated to and approved by the Client prior to purchase and inclusion in the Project.

Any additional expenses incurred are outside of the agreed Project cost, and must be paid in addition to the full Project cost before delivery.

Taran Dunn may pay additional expenses on the Client's behalf. The Client shall reimburse Taran Dunn for all expenses arising from the Project, including the payment of any sales taxes due on the Project, and shall advance Taran Dunn for payment of said expenses, if required. All additional expenses will be included on the final invoice, in addition to the Project fees.

There are circumstances where the Client must pay additional expenses directly, such as purchasing licenses that require the Client's name and contact information to form the license agreement with the vendor. The Client must pay these expenses before the delivery of the Project, and provide evidence to Taran Dunn that the appropriate product or service has been purchased. Any delay in paying these additional expenses may result in a delay to the Project and impact the delivery timeline. Any additional expenses paid by the Client directly will not be included on the final invoice.

The Client may opt to pay for any additional expenses directly, even if not explicitly required, if that is preferred.

The Client agrees to indemnify, defend, and hold harmless Taran Dunn and its officers, employees, agents and licensees from and against any and all claims, actions, damages, liabilities and expenses, arising out of the breach of any obligation, warranty or representation in these Terms of Service.

The Client shall indemnify Taran Dunn against all claims and expenses arising from uses for which the Client does not have rights to or authority to use. The client will be responsible for payment of any special licensing or royalty fees resulting from the unauthorised use of graphics, music, video, film, photography, design, animation, and branded content.

Taran Dunn warrants and represents that, to the best of their knowledge:

1. The work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis;

2. That all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis;

3. That Taran Dunn has full authority to make this agreement; and

4. That the work prepared by Taran Dunn does not contain any scandalous, libellous, or unlawful matter.

This warranty does not extend to any uses that the Client or others may make of Taran Dunn’s product that may infringe on the rights of others. The Client expressly agrees that it will hold Taran Dunn harmless for all liability caused by the Client’s use of the Project and its products to the extent such use infringes on the rights of others.

The Client agrees that it shall not hold Taran Dunn or their agents or employees liable for any incidental or consequential damages that arise from Taran Dunn’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Taran Dunn or the Client, any client representatives or employees, or a third party.

Strategy and marketing are all highly creative and subjective art forms. As such, Taran Dunn takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Taran Dunn cannot be held responsible for variations between expectation and outcome.

Any disputes in excess of maximum limit for small-claims court arising out of the Contract shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the Australian Centre for International Commercial Arbitration. The arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favour of Taran Dunn. All actions, whether brought by the Client or by Taran Dunn will be filed in Taran Dunn’s state/county of residence.

The Contract is held accountable to the legal system of Australia and any applicable statutes held therein.

In connection with its performance hereunder, Taran Dunn agrees not to discriminate against any employee or Client because of race, religion, sexual orientation, gender, national origin, age, disability, or any other factor protected by federal, state or local law.

Any and all amendments to the Terms of Service outlined must be provided in writing and signed by Taran Dunn prior to the commencement of work on the Project.

If one or more of the clauses of these Terms of Service shall be held invalid, illegal or unenforceable, it shall not affect the the validity, legality and enforceability of the other clauses. Invalid, illegal or unenforceable clauses shall be reformed only to the extent to make them enforceable.

Upon acceptance of a Project Brief or Quote, you acknowledge:

1. That you have read and understood these Terms of Service and agree to them without limitation;

2. That you are aware that you are commencing a Project and entering a binding Contract where payment is required.

The commencement of a Project will hold both parties in acceptance of these Terms and Conditions.

If acceptance is not made in writing, Taran Dunn as sender and the Client as recipient will acknowledge acceptance of these Terms of Service through electronic communications including email, text message and instant message. Acceptance through these methods constitutes an electronic signature, and shall be considered legal and binding. Electronic signatures will be produced as required under Section 25 of these Terms and Conditions.