TERMS & CONDITIONS
Payment & Design Terms
1. An initial engagement deposit is required to be paid before any design work is commenced. Periodical progress payments will be charged throughout the process depending on scale of project. The outstanding balance is due upon completion and delivery of the project.
2. Once the project has been delivered and presented to the client any further product sourcing or design work not listed on the invoice will be quoted and charged accordingly.
3. Non-payment or delayed payment will result in the cancelling or rescheduling of the appointment/consultant/ trades.
4. All trades organised by Tarnby Design will invoice the client directly and the client is to pay trade directly. Tarnby Design will not take on any debt in regards to trades.
5. Payment of any and all invoices is seen as an agreement and contract for works (design, consult, services, materials or other) to commence.
6. Non-payment or delayed payment of invoices can and will result in delays to the project timeline and may result in external cancellation fees with contractors.
7. Note that no exchange, no credit and no refund on custom made, bespoke, imported or speciality orders.
8. Authority to leave: If a client chooses and gives approval for goods to be delivered and left at the front door it is the client’s responsibility to collect the goods. Tarnby Design is not responsible for any theft or damage to goods once they have been delivered.
9. Tarnby Design is not responsible for shipping and manufacturing delays. All efforts will be made to adhere to proposed order time-lines but due to unforeseen delays products may arrive later than expected.
10. Paying by Credit Card – Tarnby Design a 3rd party facility. The 3rd party charges a fee for this service. The service fee is 1.9%. (on MC, Visa, Amex) higher fees charged on cards not noted.
11. To avoid the fee, please pay via Bank Deposit
12. The price of goods and trades are the current price at the time of quoting, unless a specific price has been confirmed. Prices may alter from time of quote to placement of order or trade booked. All prices are in Australian dollars.
13. You may dispute payment of any amount you believe in good faith is calculated incorrectly. To dispute any amount on this basis, you must notify Tarnby Design of the disputed amount with sufficient detail to allow Tarnby Design to investigate the disputed amount on or before the fifth business day after its receipt of the applicable invoice. The parties will attempt to resolve the dispute in good faith within five business days after you provides notice of the dispute. If the parties fail to resolve the dispute amicably within such time period, either party may exercise its rights hereunder, including pursuing its remedies at law.
14. In addition to the Fees, you will reimburse Tarnby Design for all expenses reasonably incurred by Tarnby Design in providing services under this agreement, provided that Tarnby Design obtains your consent before incurring the expenses.
Termination or Cancellation of Project
15. Either party may terminate this agreement by prior notice in writing to the other party, if the notified party breaches this agreement and fails to rectify the breach to the satisfaction of the notifying party within ten business days’ notice of the breach in writing to the other party.
16. Unless prohibited by law, either party may terminate this agreement by prior notice in writing to the other party if the other party becomes bankrupt, insolvent, is liquidated or wound up.
17. If this agreement is terminated, you must immediately pay to Tarnby Design all Fees and expenses owing to Tarnby Design under this agreement, up to the date of termination.
18. The termination of this agreement will be without prejudice to any and all rights and remedies that have accrued to either of the parties under this agreement prior to termination.
Intellectual Property Rights
19. The Client acknowledges that the Designer remains the owner of all Designer’s Background IP.
20. The Designer acknowledges that the Client remains the owner of all Client’s Background IP.
21. The Client acknowledges and agrees that all Developed IP is vested in the Designer and is the Designer’s property as and when created, and the Client hereby assigns all rights, title and interest in and to the Developed IP to the Designer.
22. Tarnby Design retains the right to photograph the property at the completion to be used for their website and social media. All client names will be withheld, and privacy respected.
General
23. You acknowledge and agree that the arrangements contemplated by this agreement are, unless Tarnby Design by written notice specifies otherwise, non-exclusive and that each party may make similar arrangements with third parties.
24. You acknowledge and agree that by entering into this agreement, Tarnby Design will be committing resources to you that Tarnby Design is unable to commit elsewhere.
25. The liability of Tarnby Design under this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise is limited as follows:
● Tarnby Design will have no liability to any person other than you in relation to the provision of services under this agreement;
● any liability is recoverable only from Tarnby Design and not from any of its members, employees, officers, representatives or agents; and
● Tarnby Design’s liability under this agreement will not exceed the aggregate amount of Fees actually paid to Tarnby Design under this agreement at the time the liability arose.
26. Notwithstanding any other provision of this agreement, neither party is liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any Loss of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature, including any economic loss or other loss of turnover, profits, business or goodwill.
27. If consumer protection regulation applies to the services provided under this agreement, the liability of Tarnby Design under such regulation is limited to the provision of the services again or the payment of the cost of having the services provided again. All other terms, conditions and warranties in relation to the provision of services by Tarnby Design are excluded to the fullest extent permitted by law.
28. If the performance of a party’s obligations under this agreement (other than an obligation to pay money due under this agreement) is delayed or prohibited by any circumstance or event, foreseen or unforeseen which the affected party is unable to control, including (but not limited to) any natural disaster, epidemic, pandemic, famine, plague, acts of war or terrorism, civil disturbance or enactments or decisions of any government agency relating to or affecting the performance of this agreement, then the non-affected party excuses the affected party from performing its obligations under this agreement to the extent so affected.
29. This agreement embodies the entire understanding and agreement between the parties as to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting, the subject matter of this agreement are merged in and superseded by this agreement.
30. This agreement may be varied by the written agreement of the parties or by reasonable notice to you from Tarnby Design.
31. This agreement is governed by and must be construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and all courts which have jurisdiction to hear appeals from those courts, and waives any right to object to proceedings being brought in those courts for any reason.