The agreement between you and TALATA Digital Services governing the use of our website and the delivery of our digital services. Please read these terms carefully before engaging us.
⚠️ Important: By engaging TALATA Digital Services or using this website, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services or this website.
These Terms of Service ("Terms") govern the relationship between TALATA Digital Services (ABN 17 689 999 746) ("TALATA", "we", "us") and the individual or entity engaging our services or accessing our website ("you", "the Client").
These Terms, together with any accepted proposal, quote or service agreement, form the entire agreement between the parties. In the event of a conflict, a signed service agreement takes precedence over these Terms.
TALATA provides digital services including, but not limited to: web design and branding, SEO and content, AI-powered websites, chatbot and AI agent development, digital consulting, CRM implementation, accounting software integrations, smart telephony, and managed hosting and support.
The specific scope, deliverables, timeline and pricing for each engagement are set out in a written proposal or service agreement accepted by both parties. We reserve the right to refuse any engagement at our discretion.
Quotes and proposals issued by TALATA are valid for 30 days from the date of issue unless otherwise stated. A quote does not constitute a binding contract until formally accepted in writing by you and confirmed by us.
We reserve the right to adjust a quoted price if the scope of work materially changes after the initial quote. Any scope changes must be agreed in writing before additional work commences.
One-time setup fees are invoiced upfront and are due within 7 days of invoice. Work commences upon receipt of cleared payment, unless otherwise agreed in writing.
Monthly maintenance and hosting fees are billed in advance on a monthly or annual cycle, depending on the plan selected. Invoices are due within 7 days of issue.
Overdue invoices attract interest at the rate of 10% per annum, calculated daily. We reserve the right to suspend services where payment is more than 14 days overdue, without liability to you for any resulting disruption.
Clients who pay annually in advance receive a waiver of the one-time setup fee, as advertised. Annual fees are non-refundable except as required by Australian Consumer Law.
All prices are quoted in Australian dollars. Where applicable, GST is charged in addition to quoted fees and will be itemised on your tax invoice.
To enable us to deliver services effectively, you agree to:
Delays caused by your failure to meet these responsibilities may result in revised timelines and/or additional charges.
You retain all intellectual property rights in content, materials and data you supply to TALATA. You grant us a non-exclusive licence to use that material solely for the purpose of delivering the agreed services.
Upon receipt of full payment, TALATA assigns to you all intellectual property rights in the custom deliverables created specifically for your project (e.g. website design, written content, custom code). This assignment excludes any pre-existing TALATA tools, frameworks, templates, or methodologies used in delivery.
All TALATA proprietary tools, code libraries, methodologies, templates, and know-how remain the exclusive property of TALATA. These are licensed to you (not assigned) for the purpose of operating your deliverables.
Unless you request otherwise in writing, TALATA may display completed work in our portfolio and marketing materials.
Both parties agree to keep confidential any non-public business information disclosed during the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
Confidentiality obligations survive termination of the engagement for a period of two years.
TALATA warrants that services will be delivered with reasonable care and skill, consistent with industry standards. We do not warrant that our services will achieve any specific business outcome, search engine ranking, or revenue target.
You warrant that you have the authority to enter into this agreement and that any materials you provide do not infringe the rights of any third party.
Nothing in these Terms excludes or limits any rights you may have as a consumer under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law. Where those rights apply, our liability is limited to the remedies available under that legislation.
To the maximum extent permitted by Australian law, TALATA's total liability for any claim arising from our services is limited to the total fees paid by you in the three months preceding the event giving rise to the claim.
We are not liable for any indirect, consequential, incidental, or special loss or damage, including loss of revenue, loss of profits, loss of data, or loss of business opportunity, even if advised of the possibility of such loss.
We are not liable for any disruption caused by third-party providers (including hosting platforms, domain registrars, payment processors, or software vendors) outside our reasonable control.
Monthly plans may be cancelled with 30 days' written notice. No refunds are provided for the current billing period. Annual plan fees are non-refundable except as required by Australian Consumer Law.
If you cancel a project mid-way through the build phase, you are liable for a reasonable fee proportional to the work completed at the time of cancellation.
We offer a 14-day satisfaction guarantee on all new plan activations. If you are not satisfied with the delivered work within the first 14 days, we will either rectify the issue or refund the setup fee — at our election — with no further obligation on either party.
We may terminate services immediately and without liability where you: breach these Terms and fail to remedy the breach within 7 days of written notice; fail to pay overdue invoices; act in a manner that is abusive, unlawful, or harmful to our team or reputation.
Upon termination, you retain access to all paid-for deliverables. We will provide your website files and content within 14 days of a written request. Ongoing hosting, maintenance and support obligations cease at the end of the notice period.
By accessing talata.com.au, you agree not to:
We reserve the right to restrict access to our website at any time and without notice.
If a dispute arises, the parties agree to first attempt to resolve it through good-faith negotiation within 14 days of the dispute being notified in writing.
If negotiation is unsuccessful, the parties agree to refer the dispute to mediation before commencing legal proceedings, with costs shared equally unless the mediator determines otherwise.
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales.
Entire Agreement: These Terms, together with any signed proposal or service agreement, constitute the entire agreement between the parties and supersede all prior representations and negotiations.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
Waiver: Failure by either party to enforce any provision of these Terms does not constitute a waiver of that provision.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to a related entity or successor business.
Force Majeure: Neither party is liable for any failure or delay caused by events beyond their reasonable control, including natural disasters, cyberattacks, power outages, or government restrictions.
For any questions about these Terms, please contact us:
TALATA Digital Services
ABN: 17 689 999 746
Email: legal@talata.com.au
Australia
Privacy Policy | Terms of Service | Cookie Policy