Legal

Terms of Service

Last updated: 1 January 2024

1. Agreement to Terms

By accessing or using the website taylamaladymediapty.online ("Website") or engaging the services of Tayla Malady Media Pty Ltd (ABN 99 696 623 355, ACN 696 623 355) ("Company", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Website or services.

2. About Us

Tayla Malady Media Pty Ltd is a creative media agency registered in Victoria, Australia. Our services include social media management, content creation, branding, video production, and digital marketing.

Company: Tayla Malady Media Pty Ltd

ABN: 99 696 623 355

ACN: 696 623 355

Location: Victoria (VIC), 3214, Australia

Email: ceo@taylamaladymediapty.online

3. Services

We provide creative media services as described on our Website. The specific scope, deliverables, timelines, and fees for each project will be outlined in a separate service agreement or proposal provided to the client prior to commencement of work.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice to affected clients.

4. Use of Website

You agree to use our Website only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Website in any way that violates any applicable Australian or international law or regulation
  • Attempt to gain unauthorised access to any part of the Website, server, or database
  • Introduce viruses, malware, or other harmful code
  • Engage in data mining, scraping, or similar data collection activities without our consent
  • Use the Website to transmit spam or unsolicited communications
  • Reproduce, distribute, or modify any content from the Website without our prior written consent

5. Intellectual Property

All content on our Website, including but not limited to text, graphics, logos, images, designs, and software, is the property of Tayla Malady Media Pty Ltd or its licensors and is protected by Australian and international intellectual property laws.

Unless otherwise agreed in a separate service agreement, intellectual property rights for work produced for clients will be transferred upon full payment of all applicable fees.

6. Client Obligations

When engaging our services, clients agree to:

  • Provide accurate and complete information and materials necessary for the delivery of services
  • Respond to communications and provide feedback in a timely manner
  • Ensure that all materials provided to us do not infringe upon third-party intellectual property rights
  • Make payments in accordance with the agreed terms and timelines

7. Payment Terms

Payment terms will be specified in individual service agreements. Unless otherwise stated:

  • A deposit may be required before work commences
  • Invoices are due within 14 days of issue
  • Late payments may incur interest at the rate of 2% per month on the outstanding amount
  • All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated

8. Limitation of Liability

To the maximum extent permitted by law, Tayla Malady Media Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with the use of our Website or services.

Our total liability for any claim arising from or related to our services shall not exceed the total fees paid by the client for the specific service giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

9. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and receive a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.

10. Termination

Either party may terminate a service engagement by providing written notice as specified in the applicable service agreement. Upon termination:

  • The client shall pay for all work completed up to the date of termination
  • We will provide all completed deliverables to the client
  • Any deposits for uncompleted work may be refunded at our discretion, minus reasonable costs incurred

We reserve the right to terminate access to our Website at any time for violation of these Terms.

11. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of a service engagement. This obligation survives the termination of any service agreement.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tayla Malady Media Pty Ltd, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of your breach of these Terms or your use of our Website or services.

13. Third-Party Links

Our Website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of any third-party sites. Your use of third-party sites is at your own risk.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, internet outages, or technical failures.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

16. Dispute Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved informally within 30 days, either party may pursue mediation before initiating legal proceedings.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated revision date. Continued use of our Website or services after changes are posted constitutes your acceptance of the revised Terms.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19. Contact Us

For any questions regarding these Terms of Service, please contact us:

Tayla Malady Media Pty Ltd

ABN: 99 696 623 355

ACN: 696 623 355

Victoria (VIC), 3214, Australia

Email: ceo@taylamaladymediapty.online

Website: taylamaladymediapty.online