Terms of Service
These Terms of Service (the Terms) govern your access to and use of the website at https://cloudair.online (the Website) and any professional business or consulting services provided by Cloud Air Pty Ltd (ABN 68 703 625 638) of Melbourne VIC, Australia (Cloud Air, we, us or our) to you or the organisation you represent (you). By using the Website or engaging our services, you agree to these Terms. If you do not agree, please do not use the Website or engage us.
1. Services and engagement
We provide professional business and consulting services as described on our Services page. Each engagement is governed by these Terms together with any written proposal, statement of work, engagement letter or quote we issue to you. Where a signed engagement document conflicts with these Terms, the engagement document prevails to the extent of the conflict.
2. Quotes and proposals
Quotes and proposals prepared by Cloud Air are valid for 30 days from the date of issue unless otherwise stated, and are based on the scope, assumptions and timeframes set out in that document. Work outside the agreed scope may require a variation and additional fees, which we will discuss with you before proceeding.
3. Fees, invoicing and payment
Fees are set out in your quote or engagement document and are payable in Australian dollars. Unless stated otherwise, fees are exclusive of GST, which is payable in addition where applicable. Invoices are payable within 14 days of the date of issue. We may charge interest on overdue amounts at a rate reasonably determined by us, and may suspend work on an engagement where invoices remain overdue after written notice.
4. Your responsibilities
You agree to provide accurate, complete and timely information reasonably required for us to perform the services, to respond to our requests within a reasonable time, and to ensure that any personnel or systems you make available to us comply with applicable laws. Delays caused by unavailability of information, personnel or approvals may affect timeframes and, where applicable, fees.
5. General information, not advice
Content published on the Website is general in nature, is provided for informational purposes only, and does not take account of your particular circumstances. It does not constitute financial, legal, taxation or other professional advice. You should obtain advice tailored to your situation before acting on any content on the Website.
6. Acceptable use of the Website
When using the Website, you agree not to: breach any applicable law or regulation; infringe the rights of any person; interfere with, damage or disrupt the Website or any systems supporting it; attempt to gain unauthorised access to any part of the Website; introduce malware or harmful code; or use the Website to transmit unlawful, defamatory, misleading or offensive material. We may suspend or withdraw access to the Website at our discretion.
7. Confidentiality
Each party will keep confidential all non-public information disclosed by the other party in connection with an engagement, and will not use or disclose that information except as required to perform the services or as permitted by the disclosing party in writing, or as required by law. This obligation survives the end of an engagement.
8. Intellectual property
All intellectual property in the Website and its content, and in our methodologies, frameworks, templates and pre-existing materials, remains the property of Cloud Air or our licensors. Subject to receipt of full payment, you are granted a perpetual, non-exclusive, non-transferable licence to use deliverables prepared specifically for you for your internal business purposes. You retain ownership of materials you provide to us.
9. Service performance
We will perform the services with due care and skill, and with reasonable diligence, by personnel with appropriate skills and experience. While we work diligently towards the outcomes described in an engagement document, we do not guarantee any particular commercial result, as outcomes depend on factors outside our control.
10. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For significant services, you are entitled to cancel your contract and, in some circumstances, obtain a refund for the proportion of the price paid for services not yet rendered or not supplied in accordance with your legal rights, or a reduction in the price payable. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure to supply services in accordance with your legal rights does not amount to a major failure, you are entitled to have the failure remedied within a reasonable time.
11. Limitation of liability
To the fullest extent permitted by law, and except as set out in section 10, our total liability arising in connection with an engagement or your use of the Website is limited, at our option, to the resupply of the relevant services or the payment of the cost of resupplying them. We are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or goodwill, except where such liability cannot be excluded by law.
12. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging us or using the Website, you consent to the collection, use and disclosure of personal information as described in the Privacy Policy.
13. Third-party websites and links
The Website may contain links to third-party websites. Those links are provided for convenience only and do not imply endorsement. We are not responsible for the content, accuracy or practices of any third-party website.
14. Suspension and termination
Either party may terminate an engagement for convenience by giving the other party written notice. You remain liable for fees for services performed and reasonable costs incurred up to the date of termination. We may suspend or terminate an engagement immediately if you fail to pay an overdue invoice after written notice, or if you materially breach these Terms and fail to remedy the breach within 14 days of notice.
15. Force majeure
We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, strikes, utility or internet failures, government restrictions or pandemics.
16. Changes to these Terms
We may update these Terms from time to time. The current version will be published on this page with an updated date. Changes apply to use of the Website from the date of publication and, for services, to engagements commenced after that date. Material changes affecting an existing engagement will be notified to you in writing.
17. General
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce a provision is not a waiver of that provision.
18. Contact
Questions, notices or complaints regarding these Terms may be directed to Cloud Air Pty Ltd (ABN 68 703 625 638), Melbourne VIC, Australia, by email at ceo@cloudair.online. We aim to acknowledge correspondence within two business days.