TERMS AND CONDITIONS
Please read below important information about working with Extra Cloud .
By making your first payment to Extra Cloud you are confirming that you have read, and are in agreement with, the terms and conditions outlined below.
Extra Cloud , We: Extra Cloud Pty Ltd.
Client, You, Your: The person or entity requesting the services of Extra Cloud Pty Ltd.
Website: This term is used for all electronic media design. Including, but not limited to, micro sites, virtual tours, interactive maps, e-books, e-brochures, Content Management Systems.
Project: Refers to anything that is created by Extra Cloud . Including, but not limited to, graphic design, website design, photography, video and programming.
COMMUNICATION, REQUESTS, APPROVALS AND SIGN-OFF
Extra Cloud accepts emails as a legally binding form of communication. All project requests, approvals and final sign-off should be made via email even if verbal confirmation was given.
- Before a project quotation can be given, Extra Cloud requires a full project brief to be supplied by the client. A PDF document entitled Extra Cloud Design Brief Guide will be supplied to help you with creating your project brief.
- Quotes are valid for 30 days from the date of issue.
- If the quote is not accepted via an email confirmation within the 30 days, and project deposit not paid (see Payment Terms), then a new quote must be obtained. Fees may change due to material costs or Extra Cloud fee alterations.
- Should the client make any variations or additions to the design brief after receiving the quotation, or during project development, then a new quote must be obtained.
- All prices quoted are estimates only. Quotations are based upon projected working hours and costs of materials at the time of quotation and are subject to amendment to meet any rise or fall in such rates/costs.
- The full project cost is split into three payments of 50%, 25%, 25%.
- 50% deposit is required, plus all content and materials (see Supply of Content), before any work commences on the clients project.
- 25% milestone payment is required at concept acceptance. Work will continue on the project after payment has been received. For projects where concept work is not necessary Extra Cloud will determine the milestone date.
- 25% final payment is due before receipt of finished artwork or website going live. Proofs or full working demonstrations will be shown for client’s final approval at this stage. Client must officially sign-off on finished artwork via email.
- No finished artwork will be supplied, nor will a website go live, until final payment is made.
- The client agrees to make payments within 7 days or 14 days respective of the invoice.
- Extra Cloud would like to note that it prioritises early paying clients. Also, Extra Cloud reserves the right to cease production of a project for clients who have not paid. Said project may also be placed at the bottom of the list of priorities.
- An urgency fee (double the current hourly rate) will be charged to any client requesting work within a time frame that Extra Cloud regards as short notice.
- Extra Cloud also reserves the right to suspend services or remove a website from being live should payments be overdue. In such an event, the client is still liable for the costs to date.
- Should the client wish to cancel a project or service at any stage then the client is liable for the cost of any work completed to date. Cancellations should be made via email even if verbal confirmation was given.
- Following consistent non payment of an invoice Extra Cloud will seek legal action.
SUPPLY OF CONTENT
- If your company has a Style Guide, regardless of how simple or complex it may be, then it is imperative that we receive this information at the beginning of the project in order to help us maintain the continuity of YOUR brand. If this information (or similar) is supplied after work has begun then penalty fees may apply for any work needing to be re-created or edited.
- All written content MUST be supplied in electronic format (Word document, email, or similar). You will be solely responsible for the content of your project. Extra Cloud is not responsible for proofreading any content.
- All supporting visual material such as logos and images should be emailed to Extra Cloud if possible. If file sizes are too large then we can accept a CD or DVD delivered to our address. (see company address at top of page).
- The client is solely responsible for the integrity of the written and/or visual content of any project that Extra Cloud is requested to create. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client. Supply of aforementioned material by the client shall be regarded as a guarantee by the client to Extra Cloud that all such permissions and authorities have been obtained.
- Clients are required to ensure that all content meets the current Australian legislation regarding publications.
- The client shall indemnify Extra Cloud in respect of any claims, costs and expenses that may arise from any material included in their project by Extra Cloud at the client’s request.
- Any project content you supply to Extra Cloud to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Extra Cloud against any action taken against Extra Cloud by any such third party.
- Extra Cloud reserves the right not to include any material supplied by the client if Extra Cloud deems it inappropriate or offensive.
- Extra Cloud endeavours to respect all project timelines discussed with the client. However, all timelines provided by Extra Cloud are estimated on a pre-determined length of time that Extra Cloud considers realistic for the completion of said project without any unforeseen problems. The timeline is an estimation and not a 100% guarantee that the project will be complete by that date.
- All project content is required before the project start date. If the client does not provide ALL content before this date then all timelines discussed are void.
- If a client requests changes or additions outside of the original brief during project development then all timelines discussed are void.
- Clients should be aware that providing content one day late does not simply add one day to the timeline. Extra Cloud will begin the next project in line where ALL content has been provided and the original project will be placed further down the queue.
- Extra Cloud will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
TYPICAL PROJECT PROCESS
- Project brief completed and Meetings with Sales Director
- Quote sent / Quote accepted
- 50% deposit to schedule the project
- Second meeting with Sales Director & Designers/Programmers
- Technical discussion regarding hosting, emails, data etc
- All content provided
- Concept development begins
- Concept presentation with 2 rounds of revisions
- Concept signo‑ff
- 25% milestone is due
- Website development & build
- Development link submitted to client for review
- Website feedback & changes
- Final review and signoff
- Remaining 25% is due
- Website goes live
- Live testing and checking
WEBSITE SPECIFIC INFORMATION
Domain name registration
- All domain names that Extra Cloud register and manage on behalf of the client will always remain the clients property. Clients should contact Extra Cloud directly if they choose to manage the domain name themselves at a different location.
- Extra Cloud will charge an hourly rate for any management of a domain name outside of the Extra Cloud domain name management account.
Hosting (with Extra Cloud )
- Extra Cloud prefers clients to host their website on the Extra Cloud server for quality and technical reasons but also for easy management, installation, trouble shooting and technical support. The determined yearly fee for hosting includes 1 domain name and management.
- Hosting with Extra Cloud provides the client with (at no extra cost): Server management, domain name management, website management and technical support including the setup of emails, databases, and other server side operations that Extra Cloud deems part of the services offered. We are not responsible for 3rd party technology or making it compatible with our technology. Nor are we responsible for website hacking.
- Extra Cloud does not cover technical support for your personal home/office computer or software.
- Extra Cloud insist that you host your website on the Extra Cloud server if you require a Extra Cloud Content Management System.
- Extra Cloud takes no responsibility for loss of business due to server down time, errors or hacking.
Hosting (3rd party server)
If you choose to host your website on a 3rd party server then Extra Cloud would like you to consider the following:
- Your chosen server may not be compatible with some of the code in the website that we design for you. Especially if your website makes use of a database.
- Extra Cloud does not offer technical support for 3rd party servers.
- Extra Cloud will charge an hourly rate for any work involving the 3rd party server.
Website/server errors and liabilities
- Extra Cloud will endeavour to ensure that your website and any scripts or programs are free of errors but cannot accept responsibility for any losses incurred due to malfunction.
- Extra Cloud cannot be held responsible for any hacking, malicious code or illegal activities of a third party that affect the Client’s website.
SEARCH ENGINE OPTIMISATION (SEO)
- Extra Cloud offers no ranking guarantee for your website on Search Engines.
- Your website will be generated with the basic level of SEO using meta-tags for descriptions and keywords.
- Comprehensive SEO campaigns are available.
CONTENT MANAGEMENT SYSTEM (CMS)
- Certain components of our CMS are the intellectual property of Extra Cloud and we require all websites we create with a CMS to be hosted on our servers.
- If a client wishes to take their website to a 3rd party server they will need to pay a fee (day rate) to Extra Cloud for the rights to use the intellectual property on another server. Or Extra Cloud can strip certain components from the CMS and the 3rd party company can re-style or re-program the missing elements.
GRAPHIC DESIGN/PRINT SPECIFIC INFORMATION
- It is the client’s responsibility to make sure all information is correct before going to print. A proof will be provided for final approval. If errors are found after printing, the client is still liable for payment.
- Extra Cloud uses the services of a 3rd party company for printing. The 3rd party may change from project to project. Extra Cloud is under no obligation to divulge the identity of the 3rd party printer.
- The client is welcome to source their own printer but is then responsible for forwarding all printing specifications to Extra Cloud BEFORE the design of the project commences.
- Print colour may vary from print run to print run and/or from job to job or from front to back. It will almost definitely vary slightly between different print stock depending on the absorbency of the paper, the differences between matte and gloss and other factors.
- Colours will definitely vary from screen to print. Unless a specific colour code is provided Extra Cloud will endeavour to match the colour from screen to print to the best of our ability.
- Extra Cloud take no responsibility for errors or colour matching based on materials from 3rd party design agencies.
PERMISSIONS, COPYRIGHT AND INTELLECTUAL PROPERTY
- All project creation files, including programming code, created by Extra Cloud remains the intellectual/creative property of Extra Cloud .
- Extra Cloud also retains copyright of all original project design/graphics/photography/video and programming code (unless specifically agreed) and may only be commercially reproduced or resold with the permission of Extra Cloud . The client is permitted to use this material only as expressly authorised by Extra Cloud .
- Extra Cloud cannot take responsibility for any copyright infringements caused by materials submitted by the client.
- Extra Cloud reserve the right to re-use technical components developed during a project and will retain intellectual property rights on each development.
- Extra Cloud shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item from your project unless specifically agreed otherwise.
- Extra Cloud observes Privacy Laws and Guidelines relating to personal data.
ERRORS, TECHNICAL SUPPORT AND MAINTENANCE
- Extra Cloud offers free technical support for websites hosted with Extra Cloud (does not include hacking or malicious code related issues). Clients who host their website on a 3rd party server are required to contact the 3rd party company themselves for any technical issues. Extra Cloud will charge an emergency rate for support on 3rd party servers.
- Extra Cloud does not offer technical support for the general use of your computer and any installed software there on.
- From time to time, one of the many software/technical applications that a website uses to function may be upgraded by the 3rd party company, creating errors. Extra Cloud will always endeavour to make sure that any website created by Extra Cloud , and hosted on our server, remains in a functioning order based on Extra Cloud specifications.
- Extra Cloud takes no responsibility for loss of business due to server down time, errors or hacking.
- Extra Cloud is not responsible for your internet service, home or office IT, home or office networking, computers, 3rd party software/technology, faxes, printers, routers, home or office mail-servers, phones, PDA’s, mp3 players, radio and TV transmissions, or any other technical/electronic devises. Clients are encouraged to contact the technical support department for the product purchased or the support department of the company used to install said devises at your location.
TECHNICAL SUPPORT IS AVAILABLE
Monday to Friday 9am – 5:30 pm AEST
1300 910 392
- Extra Cloud will not be liable or become involved in any disputes between the project owner and their clients or any other 3rd parties and cannot be held responsible for any wrongdoing on the part of a project client.
The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:
- Clearly communicate in writing the background facts leading to or causing the dispute.
- Set out clearly what action is required to settle the dispute.
- Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution.
- Discuss specific means of avoiding such disputes in the future.
YOUR (THE CLIENTS) OBLIGATIONS
- Agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
- Agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
- Will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
- Will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
- Will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
- Agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to Extra Cloud .
CHANGES TO THE TERMS AND CONDITIONS
Extra Cloud reserves the right to update these terms and conditions at any time without notice.