Terms & Conditions of Trade

1. Definitions

1.1 Stacks Publishing means Sozoku Pty Ltd trading as Stacks Publishing (ACN 155 228 701), its successors and assigns, and anyone acting with its authority.
1.2 Client means the person or entity purchasing Services/Goods from Stacks Publishing and includes any authorised representative.
1.3 Guarantor means any person/entity agreeing to be liable for the Client’s obligations on a principal debtor basis.
1.4 Services means publishing, editing, design, typesetting, consulting, coaching, marketing, distribution setup, and related professional services supplied by Stacks Publishing.
1.5 Goods means any tangible or digital deliverables supplied (e.g., print-ready files, ePub files, artwork, proofs).
1.6 Proposal means Stacks Publishing’s written scope, timeline and Price.
1.7 Contract means a Proposal accepted by the Client (by signature, email confirmation, deposit, or other written acceptance).
1.8 Price means amounts payable for Services and/or Goods under the Contract (including approved variations).

2. Application of Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any non-excludable rights under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

3. Acceptance & Instructions

3.1 The Client accepts these Terms by providing instructions, paying a deposit, or otherwise approving the Proposal.
3.2 If more than one Client is named, liability is joint and several.
3.3 These Terms prevail over any Client terms unless Stacks Publishing agrees in writing.
3.4 The Client warrants that verbal instructions accurately reflect its intentions; Stacks Publishing is not liable for errors arising from verbal instructions alone.

4. Scope, Services & Deliverables

4.1 Stacks Publishing will perform the Services described in the Proposal with reasonable care and skill in accordance with industry practice.
4.2 Deliverables may include: editorial reports/edits; cover and interior design; eBook conversion; print-ready PDFs; metadata (categories/keywords); marketing plans; distribution setup (e.g., KDP/IngramSpark); and promotional copy.
4.3 Full-service hybrid publishing may include publication under the Stacks Publishing imprint or, at the Client’s election, under the Client’s imprint.

5. Price, Deposits & Payment

5.1 Unless stated otherwise, quotes are valid for 30 days.
5.2 Standard milestone billing (unless varied in the Proposal): 50% non-refundable deposit at commencement (covers project setup/booking); 30% on approval of concept or design milestone; 20% on approval of final files.
5.3 Payment terms are 14 days from invoice (or as otherwise stated). Time for payment is of the essence.
5.4 Prices are exclusive of GST and applicable taxes unless expressly stated.
5.5 Stacks Publishing may re-quote or charge at standard rates for work outside scope, cost increases, or Client-requested changes.

6. Variations & Additional Work

6.1 Client-requested changes, extra rounds of editing/typesetting beyond the Proposal, rework due to poorly prepared manuscripts, or new materials supplied after quoting are variations billable at quoted or standard rates.
6.2 Editing is billed on a fixed fee or word-volume basis; the number of edits effected is not itself a measure of performance.
6.3 Typesetting includes minor technical fixes only; structural/layout changes are variations.

7. Scheduling, Client Delays & Project Window

7.1 The Proposal assumes timely Client responses, supply of content/artwork, and approvals.
7.2 Projects must be completed within 12 months of acceptance unless Stacks Publishing causes the delay. If the Client delays beyond this window, Stacks Publishing may cancel, pause, or re-quote. Deposits and costs already incurred are retained to cover administrative/production time.

8. Delivery & Risk

8.1 Delivery occurs when files are transmitted electronically or (if applicable) when Goods are handed to the Client or its nominated carrier. Risk passes on delivery.
8.2 Stacks Publishing is not liable for delays caused by third parties, platform outages, freight, force majeure, or Client delay.
8.3 Colour/finish variance may occur between screens, soft proofs, and printed outputs. Reasonable variance is not a defect.

9. Client Materials & Responsibilities

9.1 The Client must supply complete, accurate, lawful content and adequate quantities of any materials (e.g., images) and warrants it holds necessary permissions/licences.
9.2 Stacks Publishing is not responsible for loss/damage to Client-supplied materials or imperfect outcomes caused by defective/unsuitable materials.
9.3 The Client is responsible for final proofreading. Additional proofs generated by Client alterations are chargeable.

10. Intellectual Property

10.1 Prior to full payment, Stacks Publishing retains all IP in drafts, concepts, designs, working files and deliverables.
10.2 Upon full and cleared payment, all right, title and interest in the final approved deliverables (and associated IP specifically created for the Client under the Contract) vests in the Client, excluding Stacks Publishing pre-existing tools, know-how, fonts under third-party licence, and stock assets licensed for limited use.
10.3 The Client indemnifies Stacks Publishing against claims arising from Client-supplied content or instructions.
10.4 Stacks Publishing may reasonably credit itself as designer/publisher and may showcase the project for portfolio/marketing unless the Client reasonably withholds consent in writing for confidentiality.

11. Warranties, Quality & ACL Remedies

11.1 To the extent permitted by law, all warranties not guaranteed by the ACL are excluded.
11.2 If a failure to comply with a consumer guarantee is not major, Stacks Publishing may remedy by re-supplying the Services or paying the cost of re-supply. If major, the Client may choose a refund or re-supply in accordance with the ACL.

12. Inspection, Defects & Disputes

12.1 The Client must review deliverables promptly and notify Stacks Publishing within 2 business days of any alleged defect or non-conformity.
12.2 If no notice is given, the Services/Goods are deemed accepted.
12.3 Disputed portions of an invoice do not entitle the Client to withhold payment of undisputed amounts.

13. Liability Limitation

13.1 Stacks Publishing is not liable for indirect or consequential loss (including lost profit, business, or opportunity).
13.2 To the extent permitted by law, Stacks Publishing’s aggregate liability arising under a Contract is limited to the Price paid for the specific Services/Goods giving rise to the claim.

14. Cancellation

14.1 Stacks Publishing may cancel a Contract at any time before delivery by written notice; any amounts paid for undelivered Services/Goods (excluding non-refundable deposit and work performed to date) will be refunded.
14.2 If the Client cancels after acceptance, the Client must pay for all work performed, third-party costs committed, and the non-refundable deposit. Custom work already commenced cannot be cancelled without full cost recovery.

15. Default & Interest

15.1 Overdue amounts accrue interest at 2.5% per month, compounding monthly. Dishonour and collection costs (including legal costs on a solicitor-client basis) are payable by the Client.
15.2 Stacks Publishing may suspend Services for non-payment and is not liable for resulting delays.

16. Privacy & Confidentiality

16.1 Stacks Publishing handles personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy.
16.2 Each party must keep the other’s confidential information confidential, except as required by law or to professional advisers under confidentiality obligations.

17. Third-Party Services & Platforms

17.1 Where performance requires third-party services (e.g., KDP, IngramSpark, distributors, printers), the Client agrees those services are subject to the third party’s terms, pricing and timelines.
17.2 Royalties payable by platforms are paid to the account holder (Client or Stacks Publishing, as agreed). Stacks Publishing is not responsible for third-party policy changes.

18. Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control (including acts of God, pandemics, war, industrial action, power or platform outages). Obligations resume as soon as practicable.

19. Sub-contracting

Stacks Publishing may sub-contract parts of the Services (e.g., editing, design, conversion) while remaining responsible for delivery in accordance with the Contract.

20. Changes to Terms

Stacks Publishing may update these Terms on notice. Changes apply to future Proposals/Contracts or, where permitted, to ongoing Services after notice.

21. Governing Law

These Terms are governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of its courts and courts of appeal.

Notices & Contact
Sozoku Pty Ltd trading as Stacks Publishing (ACN 155 228 701)
Email: hello@stackspublishing.com

Last updated: 25 October 2025