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Effective date: 22 September 2023
Please read these Terms of Use carefully before using the www.cloudware.com.au website (the “Service”) operated by cloudware.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
These Terms apply to all visitors, users and others who wish to access or use the Service.
"Website" includes all information, photographs, illustrations and graphics, designs, text and other material resources, as well as any other information found on the Website https://www.cloudware.com.au/
“Visitor” is any person who uses the Website https://www.cloudware.com.au/ and/or the services/information provided therein.
We strive to design our websites and other work to be error-free. However, Cloudware is solely responsible for any loss resulting from the malfunction of the website or any part thereof. cloudware is the legal owner of web servers, websites, graphics, content, and programming code until the customer pays all unpaid invoices in full. All work performed by cloudware remains copyright of our property and cloudware, unless otherwise agreed and may only be resold or commercially reproduced with the approval of cloudware. .. cloudware is not responsible for copyright infringement caused by materials submitted by customers. All amendments to briefings for which cloudware does not charge are made in cloudware sole discretion and for such amendments cloudware is not responsible for ensuring that these amendments are correct. For these additional modifications or further additions, we reserve the right to charge the client an appropriate fee. cloudware will not be liable for any loss of income, compensation or expense resulting from work performed by you on your behalf or by a third party entrusted to you. cloudware will not be liable for any loss of profit, compensation or expense resulting from the availability of websites, servers, software or other materials provided by its agents.
Cloudware Web Designs ensures that any site or app works properly during website development and works "live" when viewed in current versions of the following Internet browsers; Unless otherwise agreed in Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Apple Safari. Any warranty or guarantee offered by cloudware Web Designs .with respect to the Website is conditioned on the Website cloudware Web Designs Hosting Servers, managed and maintained by cloudware Web Designs , which has limited access to the hosting server and / or the hosting control. Panel for the hosting server. Any warranty or guarantee offered by cloudware Web Designs for the Website will be void if the Customer or any other third party accesses the Website or the associated Website Server via the FTP Connection or Hosting Control Panel.cloudware Web Designs cannot guarantee that any browser software will work properly in future versions of any Internet browser. However,cloudware Web Designs provides a reference to a website's redesign and applies) that works properly and / or displays properly in a modified version of the Internet browser. cloudware Web Designs is not responsible for any failure by Client to act on behalf of or on behalf of any Client, Agent or Customer on the Website or System or on the Website or System. And hold the customer accountable for anything and everything.
Cloudware Web Designs is not responsible for the client's choice of domain name and use of the domain name for trademark and competition or legal consequences related to AuDa government laws.
All domain registrations and updates must be prepaid. Expiring a domain can cause a service interruption or loss of a domain. cloudware is not responsible for domain expiration due to unpaid / late payments. All payments must be made at least 7 business days before the expiration date. It is the customer's responsibility to renew the domain name with us. All invoices and membership fees must be paid in full before the requested domain name is issued. cloudware does not allow access to the Domain Control Panel because it contains a domain in a common pool account. cloudware works with third-party providers to provide packages. Changes in the terms and policies of third party providers may ultimately affect the services we offer or the terms of this Agreement.
Cloudware Web Design .Hosting makes reasonable efforts to ensure continuous availability of servers and services, but cloudware Web Design is not responsible in any way for service interruption or server downtime.cloudware Web Designs
Operates and provides hosting servers that are delivered as a managed service that are usually restricted to clients or third parties.cloudware Web Designs .does not generally provide clients or third parties with access to the Hosting Server by any of the following methods or means; FTP, cPanel, WHM, Shell or any other similar tool or method. What if a customer requests their hosting server officially from cloudware Web Design .and accesses it via FTP or any hosting control panel after receiving the said request, it is provided by cloudware Web Design avoid any warranties or guarantees, including first level support
Cloudware Web Designs is not responsible for any cost, compensation for loss of income due to unavailability of the Site, Server, Software or any content provided by its agents
It is the sole responsibility of the Client to provide all required materials and perform the required functions according to the website package chosen by them. Stock images can also be provided at an additional cost if required. cloudware is not responsible for the images and content published on the website. Read our terms on images, copyrights, and trademarks below. cloudware aims to offer high quality designer products to its clients at a reasonable price. To ensure that we can provide the best possible service to our clients, we expect clients to provide adequate and definitive information for all design work. While our designs will accommodate any change requests during the design process, however, we may be required to charge for any resale that may exceed the designated design hours for each design package.
Please see details following on Copyright & Trademarks, and Ownership. All images used within a website or print document must comply with Australian copyright regulations. The following is applicable to all website designs that include stock images provided by cloudware: cloudware purchases stock images that are provided with either a standard or extended license agreement. This license agreement gives cloudware the authority to use the image without infringing on any copyright, moral right, trademark, or other intellectual property right or violate any right of privacy or publicity. The license agreement is not transferable and does not allow cloudware to give the images away. Should the client transfer the website to another designer, or hosting provider, or cease to continue using the services of cloudware for any reason, the client will be required to purchase all stock images with the license agreement.
A standard license is generally included in the purchase price of most stock images giving the owner the right to use the image on the web only. Should any image be required for printing, a higher resolution image will need to be purchased at an additional cost, and in some cases, the extended license will need to be purchased which gives authority to print large quantities
All digital marketing / strategy packages are valid for at least 3 months. After that, cancel at any time with one month's clear email notice. Invoices are issued monthly and are paid by the first of each month. Packages are tailored to our clients' digital marketing / strategy needs. Some working hours are allocated each month, and no unused hours are taken to the next month. No third party software or marketing costs are included. Synapse has a fair use policy, which means that while we do not use informally until next month or formally collect unused human hours, we understand that you 'S requirements can vary from month to month, and we allow flexibility to charge extra hours in good faith. Any necessary work is paid for separately.
While cloudware Web Design will attempt to improve the position of a client's website in search engine results in response to a search query, we cannot guarantee that these efforts will be successful, and Cloudware Web Design cannot guarantee search time. The engine will rank. To keep cloudware is not responsible for any changes to the status of a client's website in search engine results with respect to the provision of search engine optimization services.
All letters must be downloaded to the client's computer periodically. Email boxes must remain within their quota. Email inbox may serve periodically, and emails older than 6 months are deleted. The customer should not use email hosting for inappropriate content and other unwanted emails that could lead to spamming or server infection. In such cases, immediate action will be taken and the necessary files and data will be deleted without prior notice. Synapse offers packages in conjunction with third party vendors. Changes to the Terms and Policies of the third party provider may ultimately affect the services we provide or the terms and conditions set forth in this document. Hosting is done on shared and non-shared servers hosted by third party providers. Synapse worldwide provides maximum protection to our systems and servers from hackers, viruses, intruders and other network and offline problems, however, we are not responsible for any service interruptions in such situations.
The website will be created and published on the domain name and hosting account assigned to the client. The cloudware interpretation of the design description is final. Once the project is published on the client's specific domain and hosting account, the website is considered and published, pointing to the end of the design project.
Finalizing the content of the website is the sole responsibility of the client. cloudware is not responsible for incomplete pages after publication; additional design work after publication will charge $178 ex GST per hour.
All prices are displayed in AU dollars.
Cloudware Web Designs .invoices are due and must be paid upon receipt by the customer, unless otherwise agreed in writing. All unpaid invoices for work or services provided by cloudware Web Designs to clients must be paid in full upon receipt of the invoice, unless otherwise agreed in writing by the parties. When a task, job, or project is completed, the customer must pay the full balance of the invoice
An invoice is considered unpaid if payment is still due 7 days after the due date
you agree to provide everything necessary to complete the project, including text, images and other information, in the requested format, as required. You agree to review our work and provide timely feedback and approval. Deadlines work in two ways and are also bound by the deadlines we set together. Development is interrupted if the delivery of all the content needed to complete the website is delayed. When the project reaches the three-month mark, the initially offered price becomes ineffective and if the customer continues, he can request a new offer that the customer can choose to accept or reject. If rejected, the cancellation and refund policy will apply (see below)
All amounts owed by the customer to cloudware for Services provided before the confirmed cancellation date must be paid in full. There will be no pro-rata allocation for incomplete months during the term of the Agreement. For account security and privacy reasons, all billing and cancellation requests MUST be submitted in writing or by email. Cancellation requests will only be processed if made by the party authorizing the origin and received in writing. No amount will be refunded for any cancellation request made after a waiting period of 7 days from the date of order. For security and training reasons, all incoming and outgoing calls made through cloudware offices are digitally recorded and these recordings form part of the oral agreement between cloudware and the customer. Any cancellation made by the customer after a deliberation period for any reason whatsoever will result in full payment of the agreed price and immediate termination of the contract, unless otherwise agreed between cloudware and the Customer.
Any delay caused by conditions beyond the reasonable control of the parties will not be considered a breach and will result in an overnight extension of the benefit due. Each party must use reasonable endeavors to notify the other party of any delay in writing. Conditions that are beyond the reasonable control of the parties include, but are not limited to, acts of God, government action after the date of the agreement, power outages, fires, floods, natural disasters, industrial disputes, civil unrest, acts of war, terrorism and epidemics.
cloudware will provide free maintenance/updates and technical support for one month ONLY after the website has been published. After this time, any additional work and/or support is billable. Additional fees apply for any site maintenance or extra design work, subject to acceptance. A full quotation will be provided before any design or maintenance works commence.
The following terms and conditions relate to the purchase and use of subscription-based products sold by cloudware.The right to modify the terms and conditions of membership and the right to change the terms and conditions of this Agreement at any time without notice. Your continued use of the Maintenance Service following such modifications is deemed to be your acceptance of the obligation to comply with the terms of the amended agreement
If your circumstances change, you may be able to terminate the plan without paying the fine quickly. We require a lead time of at least 7 days before processing your next subscription payment, so that the amount of your last payment is calculated and the payment plan is canceled. If you fail to provide the appropriate notification, your initial withdrawal may require processing the following subscription renewal date.
cloudware Web Designs is solely not responsible for the performance of the product or service if the client installs or orders another third party to install anything such as software that would alter or damage the website and its functionality. Furthermore, the client may be liable for charges or fees incurred by cloudware Web Designs for the repair of any product or service if the client or their third party installs any unapproved software into the product or service supplied bycloudware Web Designs.
At the end of the minimum term plan, the customer can choose to renew the website for a monthly period while continuing to pay the existing monthly fee.
Alternatively, the customer may choose to cancel the plan at the end of the minimum rental period and terminate the Website and its associated accommodation by giving 90 days written notice to cloudware Web Design Australia. Or, the customer may choose to purchase the monthly plan website and take full ownership and control of it.
We care about the security of our website for you. Card payments are processed securely via Stripe or PayPal, which encrypt your card or account information in a secure environment.
We also have an SSL certificate installed on our website. If you have asked us to remember your credit card details for your next purchase or subscription, we will store your payment information securely on our system. This data will be fully encrypted and will only be used to process your automatic monthly payments or other transactions initiated by you. You can see more information about protecting your credit card in our Privacy Policy.
If you have any questions about these Terms, please contact us.
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