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 development and/or maintenance, 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 their officers, contractors, subcontractors, employees, agents, licensees and subsidiaries unless otherwise agreed to in writing by both parties.

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 undertake an initial consultation at no charge to the Client. The consultation will be used to evaluate the Client's requirements to determine the services and deliverables required, which form the full Project requirements. This may include the collection of existing media and historical information from the Client as it relates to the Project. This consultation can be held via phone, conference call, email or in person.

The Client understands that any information or resources withheld during the initial consultation or commencement of the Project that are essential to the completion of the Project may impact the Project scope and cost.

If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required upon completion of all required work and the grant of all necessary approvals for the Project. The length of time between consultation and delivery of final Artwork will have no effect on the requirement to pay all Project costs.

Any revisions or variations that do not conform to the original scope of the Project, that are not communicated within the agreed timeline (if defined) or that exceed the set number of revisions granted (see clause 3.5) to the Client in the Project Quote and/or Project Brief will be classified as additional work and will incur additional charges. What constitutes additional work will be determined at Taran Dunn’s sole discretion based on the request put forth by the Client. Additional work will be charged at the rate of $100 per hour. If additional work is required, the Client will be notified and the work will not be undertaken without the Client's approval.

Taran Dunn may outline a set number of revisions allowed to the Project deliverable(s) in the Project Quote and/or Project Brief. A revision is defined as a Client requested change (usually significant in nature) to the Project deliverable(s) during the course of the Project. Taran Dunn will not charge for additional revisions to the Project deliverable(s) provided that the Client’s request conforms to the original scope of the Project, are communicated within the agreed timeline (if defined) and do not exceed the set number of revisions granted to the Client in the Project Quote and/or Project Brief.

Cost estimates are provided in the Project Quote, which outlines all estimated fees and expenses expected for the Project at the time of quotation. Cost estimates are generated prior to the commencement of the work on the basis of the Client's requirements and the services and deliverables required. Quotations and cost estimates are subject to change if additional requirements are identified that change the scope of the Project prior to the commencement of the work. All fees and expenses shown on the Project Quote are minimum estimates only, unless the Project Quote is clearly marked "Firm Quote".

Should the Client choose to commission Taran Dunn's services and commence a Project, a Project Quote will be provided outlining the services, deliverables and cost estimates for the Project. Depending on the nature of the Project, the Project Quote may be accompanied by a separate Project Brief, outlining the services and deliverables in more detail.

By accepting the Project Quote, the Client agrees to the Terms of Service and understands that they are entering a binding Contract where payment is required. The contents of the Project Quote, Project Brief (if provided) and these Terms of Service constitute the full Contract for the Project, including any addendums attached to the Project Quote and/or Project Brief.

All turnaround times quoted are estimates and are based on calendar working (business) days. All quoted printing, artwork or delivery dates are not guaranteed and may vary.

Taran Dunn reserves the right to request a deposit prior to starting work on the Project. If a deposit is requested, an invoice will be generated and delivered to the Client and payment is required within 14 days. Work on the Project will not commence until the deposit is paid. All deposits are non-refundable.

Taran Dunn will invoice the Client for the remaining cost of the Project prior to the commencement of website construction, printing and/or delivery of the final Project Artwork. Taran Dunn reserves the right to not proceed with these closing services or deliveries until payment has been made in full.

Taran Dunn reserves the right to invoice prior to the time detailed in clause 5.2 if the Client has been uncontactable or unresponsive for more than 14 days.

Taran Dunn reserves the right to invoice for all work previously completed if the time spent on the Project exceeds 60 days.

If an invoice remains unpaid after 14 days, a $50 late payment penalty fee will be charged at each interval of 14, 30, 45, 60, 75 and 90 days after the issue date of the original invoice. At each overdue interval, the invoice will be re-issued to include this fee. For overdue balances unpaid beyond the final 90 day milestone, the penalty will total $300.

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 by both parties in writing.

Taran Dunn may take legal action or commence debt collection and recovery processes to recover all monies owed for invoices in default, if required. The Client shall assume responsibility for cost outlays by Taran Dunn in relation to these processes, including all collections of unpaid fees and 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 a Client's website(s) if payments relating to the website(s) are more than 90 days overdue. Deletion of the website(s) does not void the requirement for payment.

The grant of any licenses or copyright to the Client is dependent on receipt of full payment.

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

If the Client requests the cancellation of a Project in progress, a cancellation fee for work completed and expenses already incurred will be charged. The cancellation fee will be calculated depending on the following conditions:

1. If the Project is on an hourly basis, the cancellation fee will be no less than 100% of the hours already worked on the Project 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.

2. If the Project is a fixed cost, the cancellation fee will be determined based on the services and Artwork already provided at the time of cancellation.

If the Client requests the cancellation of a Project once the Project has been finished, the total cost of the Project will be charged in full, whether final Artwork has been delivered to the Client or not. Cancellation of the Project once the Project has been finished will void any ownership of, or claim of copyright over, the Artwork. The Client agrees to return or destroy any Artwork or other deliverables (including drafts or proofs) provided over the course of the Project and the Client understands that any use of the Artwork after cancellation of the Project is prohibited.

If the Client requests the cancellation of a Project before work on the Project has commenced, no cancellation fee will be charged.

If a cancellation fee is charged, the Client will be invoiced the amount due minus any deposits paid on the Project to date. If the calculated cancellation fee is less than the deposit paid, no cancellation fee will be charged.

Taran Dunn will declare the Project completed if no response is received from the Client within 30 days of providing an Artwork proof, and this proof 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.

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

The Client is responsible for approving all Artwork proofs and ensuring accuracy and suitability before final delivery. This includes, but is not limited to, visual 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 delivered, and depending on the Project requirements, will be submitted for printing or handed over for web development. 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, images, files, text or other written/visual content for use in the Project are solely responsible for the how the use of this content may affect the end result. This includes using the content either in its complete, unmodified form, or where it is used within a large piece of work. Taran Dunn is not responsible for any issues that may arise from the use of the content due to any faults, negligence or wrongdoing by the Client in acquiring and providing the content.

Where printing is required and the print files have not been generated by Taran Dunn, the Client must provide print-ready Artwork files with the correct technical specifications. Taran Dunn is not responsible for any issues with Artwork files supplied by the Client for printing that affect the printing process or the final print. Reprints required to correct these issues will be at the Client's expense.

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

Upon full payment of the Project fee and delivery of the final Artwork, copyright will be granted to the Client for the final Artwork only.

Ownership of copyright over all original Artwork created over the course of the Project, whether preliminary or final (including concepts and proofs), remains with Taran Dunn until the Project fee is paid in full and copyright for the final Artwork is granted to the Client. This includes, but is not limited to logos, symbols, images, videos, sketches, digital compositions and text.

The use of Artwork prior to payment is illegal. Unlawful use of any Artwork by the Client for which the Client does not have ownership of copyright is strictly prohibited and may be subject to legal action and damages payable under Australian Copyright Law. For more information visit: http://www.copyright.org.au.

Taran Dunn retains the right to utilise all Artwork created over the course of the Project, whether whether preliminary or final (including concepts and proofs), for portfolio and self-promotion purposes.

If a transfer of ownership of copyright for other Artwork created over the course of the Project (such as concepts, proofs or alternate Artwork) is requested by the Client, additional fees may be charged.

If the Client wishes to hold full ownership of copyright to a specific design or concept, these may be purchased for an additional fee.

Future reprint requests of the same Artwork will only incur a print management fee, unless changes to the Artwork are required.

All Projects that require the creation of imagery or photographs (Images) by Taran Dunn as part of the Project may also be subject to additional terms of use as outlined in the Image Commercial Use License Agreement or Image Non-Commercial Use License Agreement (Image License Agreements) that accompanies each Image, or collection of Images, in addition to these Terms of Service. These Image License Agreements outline the approved uses of the Images by the Client, and are provided to the Client for each Project completed.

The terms of each Image License Agreement may differ depending on the nature of the Project and the Images themselves. The issue of an Image 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 an Image 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 created for the Project under any circumstances.

The Image License Agreement will be issued upon final delivery of the Artwork, and will be provided as a locked electronic PDF file.

Use of Images that do not adhere to the terms of the Image License Agreement issued with them is strictly prohibited and may be subject to legal action and damages payable 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, even without an Image License Agreement, may be subject to legal action and damages payable under Australian Copyright Law.

Images created for commercial use will incur a Commercial Licensing Fee. Failure to pay this fee will prohibit any commercial use of the Images and void any Image Commercial Use License Agreement previously granted.

If a change to the terms of an existing Image License Agreement is requested by the Client, additional fees may charged.

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

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 Artwork, integrated into another composition outside of the Artwork, or feature as part of the 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 the 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.

The Client agrees to use the watermarked version of an Image (watermarked meaning the version of the 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 an Image is used, this shall constitute an appropriate credit as per clause 10.9. Taran Dunn understands that not all uses of an Image can permit the use of the watermark, and in this instance appropriate credit must instead be given elsewhere as outlined in Clause 10.9. Generally, the watermarked version of an 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 an Image.

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

Printing will not commence until the Project fee (including any print charges) is paid in full. The general turnaround time for printing is between 5 and 10 business days, dependant on the nature of the print requirements. Some print requirements may take longer. All turnaround time quotations are estimates and are based on calendar working (business) days. Quoted printing or delivery dates are not guaranteed and may vary.

With all printing there may be some colour variations from electronic visual representations of the Artwork to the final printed Artwork. 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 prints of the Artwork 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.

1. Where email delivery is used, the Client may keep this email for as long as they wish. Should the Client require the 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.

2. Where cloud storage is used, the Client will be given a link to download the 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 include 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 website.

The Client agrees to allow Taran Dunn to exhibit visuals of the Client's website and other designs related to the Project, including a link to the Client’s website, on Taran Dunn's own website for self-promotional purposes.

Upon completion of a website build, Taran Dunn will provide the Client with the opportunity to review the finished website (review period) in the form of a "staging" version of the website. This version of the website will be hosted on a private, hidden environment not available to the public. This is considered the proof of the website. Taran Dunn will permit one set of minor changes at no extra cost within 30 days of submission to the Client for review during the review period, provided the changes are reasonably within the scope of the Project and do not add considerable time or effort to the Project scope.

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, modification of colour schemes, changes to the navigation, major additions or subtractions to the website’s structure or content, or the addition of extra pages, features or sections throughout the website.

Taran Dunn can be notified of any requested changes by email to the website proof. Taran Dunn will assume that the Client has accepted and approved the website proof 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 alteration or replacement of images, modification of colour schemes, changes to the navigation, major additions or subtractions to the website’s structure or content, or the addition of extra pages, features or sections throughout the website, then these changes will be classified as additional work and will incur additional charges (see clause 3.4).

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 or execution, and is not responsible for any results relating to digital marketing and SEO related to the Client's website.

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.

Taran Dunn takes no responsibility for duplicate content found on the Client’s website or if the website is search engine "blacklisted" due to the written content or images on the website.

The Client must refer to their hosting and domain name provider for queries regarding domain names, website hosting and registration, SSL certificates, email addresses and email hosting, including any troubleshooting related to these topics.

Taran Dunn does not provide services related to domain names, website hosting and registration, SSL certificates, email addresses and email hosting. All costs associated with these services are the Client’s responsibility.

Taran Dunn holds no responsibility if the Client's email address is targeted with spam, or if the Client's email account details are obtained by a third party and used to send spam or malicious material, as it is outside Taran Dunn's control.

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.

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 cannot be held liable if the Client’s website is “hacked”. Taran Dunn does not provide software updates or take responsibility if the software used (including advancements in the CMS or server/hosting technology) 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 website.

Taran Dunn is not responsible for any content posted on the Client’s website or for any misuse of the CMS or website after the completion of the Project.

Taran Dunn does not back up Client websites and cannot be held liable for partial or complete loss of any website data after the completion of the Project. 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 cannot be held 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, service or license 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 desired.

The Client agrees to indemnify, defend and hold harmless Taran Dunn and their officers, contractors, subcontractors, employees, agents, licensees and subsidiaries 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 produced is original and has not been previously published, or that consent for use of such material 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 produced 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 work 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 Artwork to the extent such use infringes on the rights of others.

The Client agrees that it shall not hold Taran Dunn or their officers, contractors, subcontractors, employees, agents, licensees and subsidiaries 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.

Marketing and creative strategies are all highly 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 their performance hereunder, Taran Dunn agrees not to discriminate against any Client or other relevant person 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 these Terms of Service 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.

By commissioning Taran Dunn's services and commencing a Project, 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 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.