Technology Services Conditions

 

Summary:

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In these conditions you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing with something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

You are hiring us Cloud612 Pty Ltd (“We or Us”) to provide software development, engineering, consulting and/or hosting services. For the estimated total price outlined in our previous correspondence.

What do both parties agree to?

You: You have the authority to enter into this agreement on behalf of yourself, your company or your organisation. You’ll provide us the assets and information that we mention we need to complete the project. Along the way, you’ll review our work, provide feedback and approval in a timely manner. We'll deliver wonderful things when we work together.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

Design

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual.

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have regular, possibly daily contact. Please note that drastic design changes late in the project may attract additional charges, which we'll outline with you if required.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this agreement. If you choose, we can then draft a revised agreement to provide for the updated specification.

Text content

Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.

Graphics and photographs

You should supply graphic files in an editable digital format, so we'll be able to integrate them nicely. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

HTML, CSS and JavaScript - Device Compatibility

We deliver web page types developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for feature detection, poly-fills and behaviours. In order to be compatible, client browsers must at least support HTML5, CSS3, JavaScript ES6 and cookies. Notably Internet Explorer does not meet these requirements, and is unsafe to use on the modern internet. As such, if you need an enhanced design for an older browser, we can provide a separate estimate for that. We'll do our best to make sure designs look gorgeous on devices of various screen sizes. Desktops, tablets and mobiles.

Deliverable Security

In today's constantly evolving online environment, we're unable to guarantee the security of deliverables. We're always doing our best to produce exceptionally safe, secure and scalable products, yet absolute security is not possible. As such, once you have received the deliverable, Cloud612 is no longer responsible for providing ongoing security patches, audits or service of any kind. We recommend regular security checkups, and to not maintain ageing systems as they may become vulnerable over time. You may have obligations under the Notifiable Data Breaches Scheme and the Privacy Act 1988. We recommend the employment of a Systems Administrator and/or Developer to audit the ongoing security of your systems and platforms.

Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of our agreement is based on the number of hours that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional hours.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this agreement and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Phew.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

Blimey.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project. We’ll own the unique combination of these elements that constitutes a complete product and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books. We'll be super proud of what we make for you!

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We'll be sure to add a fair due date to them so there won't be any surprises.

Thank you for reading

Cloud612 Pty Ltd - ACN 633 054 421

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