Terms of Service

General

1. Terms

By accessing the website at /, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use Licence

1. Permission is granted to temporarily download one copy of the materials (information or software) on ManeCloud’s website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on ManeCloud’s website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This licence shall automatically terminate if you violate any of these restrictions and may be terminated by ManeCloud at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on ManeCloud’s website are provided on an ‘as is’ basis. ManeCloud makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, ManeCloud does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall ManeCloud or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ManeCloud’s website, even if ManeCloud or a ManeCloud authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on ManeCloud’s website could include technical, typographical, or photographic errors. ManeCloud does not warrant that any of the materials on its website are accurate, complete or current. ManeCloud may make changes to the materials contained on its website at any time without notice. However ManeCloud does not make any commitment to update the materials.

6. Links

ManeCloud has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ManeCloud of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

ManeCloud may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Projects

1. Disclaimer

The following terms and agreements apply to all projects commenced in agreement between the reader of these terms and James Norris, Sole Trader with ABN 63 627 829 100 trading as ManeCloud, henceforth referred to as ‘ManeCloud’. ‘You the client’ henceforth refers to any person who has chosen to engage ManeCloud for a quotation or other provisional service.

By using ManeCloud’s services, and/or by paying the first milestone payment for any project, you the client agree to be legally bound by these terms. You also agree that by accepting any quote from ManeCloud, you have read and are in agreement with all points stated below.

You also agree that these terms are subject to change at ManeCloud’s discretion and that you may request the most current terms and conditions from ManeCloud at any time by contacting [email protected] or by visiting this page.

2. Quote Validity

You the client agree that any quote provided to you by ManeCloud is valid for up to a maximum of 90 days from the date of issue, after which it is no longer valid. If any provided quote is not accepted by you prior to this date, ManeCloud will need to re-assess whether the quote in question can reasonably achieve your specific requirements and may need to prepare a new quote with adjusted scope, cost, timeline and other relevant factors.

3. Copyright

Copyright for any project commenced with ManeCloud, to the extent of applicable law, within reason and excluding third party contributors’ copyrights, will be transferred to you the client, upon receipt of final payment from you against the project. Up until that point, ManeCloud will maintain copyright of the work as a whole, with the same reasonable exclusions.

4. Timelines

All demonstrated timelines are approximate and commence on the first working day of the week immediately following receipt of initial payment, or in the case of ‘ad-hoc tasks’, as agreed between ManeCloud and you the client. ManeCloud will do its utmost to deliver within proposed timelines, however certain events may inevitably change or delay actual delivery times. Timelines are also subject to change depending upon your timely provision of requested feedback to ManeCloud. ManeCloud will make reasonable attempts to inform you if delays are expected during your project.

5. Content

Text and image content must be provided by you the client unless explicitly arranged otherwise. Where it is not possible to source real content, ManeCloud will develop with placeholder content such as lorem ipsum text and stock imagery, or content from a previous website. We encourage you to provide real content as early as possible in the project’s timeline to avoid delays. If preferred, ManeCloud can be engaged to write paid content for you at your request.

6. Payment

For projects higher in value than $1000, ManeCloud is to be paid by you the client – one third of the value stated in this quote as a deposit prior to work commencement, one third of this value upon ManeCloud’s completion of Sprint One (or other appropriate during-project milestone at ManeCloud’s discretion), and one third of this value upon ManeCloud’s completion of the entire project.

For projects lower in value than $1000, ManeCloud is to be paid by you the client – half of the value stated in this quote prior to work commencement, and half of this value upon ManeCloud’s completion of the entire project.

ManeCloud will inform you when any payment milestone is reached, provide a reasonable selection of payment methods and provide reasonable notice of up to 14 days from invoice date to allow for payment, excluding deposits which must be paid prior to project commencement.

Payment is not dependent upon nor linked with website launch in any way. You agree to pay at appropriate milestones and upon completion of the work by ManeCloud at our discretion, and that product launch is at your discretion thereafter. ManeCloud is happy to assist you to launch at your earliest convenience.

7. Scope

You the client agree to thoroughly check the scope of all provided quotes or documents to ensure everything you have requested specifically is included. You agree that you will notify ManeCloud should you require any modifications to any provided quote or document, and ManeCloud will do its utmost in good faith to amend the quote or document to suit your needs.

You also agree that for any work which you request from ManeCloud, should the work lie outside the scope of any quotes or documents provided to you by ManeCloud, you will renumerate ManeCloudbased on our stated hourly rate, included within the specific quote or document. ManeCloud will advise you where requested work lies outside the scope of provided quotes or documents.

8. Browser Support

Within any stated quote, ManeCloud will only provide fixes to web issues found with the latest versions of the following browsers at the time of project launch and up to 30 days afterwards, where appropriate and at our discretion. To see which browser versions are the latest at any time, visit https://updatemybrowser.org/

Any issues found outside of these constraints which require fixes, will incur additional time and material costs on our stated hourly rate.

Windows (Latest versions only)

• Chrome
• Firefox
• Edge
• Internet Explorer 11
• Opera

MacOS, iOS, Android (Latest versions only)

• Chrome
• Firefox
• Safari
• Opera

9. Web Maintenance

You the client agree that you are wholly responsible for your website’s ongoing backups and updates, including updates for WordPress or other CMS, Themes and Plugins. If you choose to host with ManeCloud, we will also take backups, however you agree not to rely completely upon these. ManeCloud can assist or advise you on how to best backup your website and keep it up to date. You may also choose to engage ManeCloud for paid website update services if desired.

10. Warranty Limits

Except as written in this agreement, all work provided by ManeCloud is provided ‘AS IS’. ManeCloud makes no other warranties and hereby disclaims all implied warranties. ManeCloud will make reasonable attempts to assist in good faith with issues arising with work produced for up to 30 days from project delivery. It is your responsibility to notify ManeCloud of any issues that may arise.

11. Liability Limits

You the client agree not to hold ManeCloud liable for damage, loss of profit, errors, ommissions, extended timelines or other issues arising as a result of work commissioned from ManeCloud by you, or as a result of internet security breaches or other events outside of ManeCloud’s reasonable control.

ManeCloud takes steps in good faith to ensure quick project delivery, strong data security, will do its utmost to ensure the best quality and effectiveness of all work it delivers to you, and will do its utmost to help you in good faith, if an issue arises that A) ManeCloud is both informed of by you, and B) can reasonably assist with.

12. Project Launch

You the client agree that no project will be launched on any Friday, Saturday, Sunday, public holiday, or at any other time when ManeCloud staff will not be reasonably available to provide support (we can advise you on availability), and that you will at no point make any such request. ManeCloud requires that adequate time is available as a buffer to ensure that all project launches go as smoothly as possible and will strictly not break this policy in any circumstance.

13. Termination

Upon request of early termination of a project by the client, the full amount quoted for that project will still be payable, unless special circumstances have been otherwise arranged between you the client and ManeCloud.