Terms of use
By using any of the goods or services supplied by That Cloud Company you are agreeing to the following terms and conditions which cannot be varied by any other terms or conditions without the prior written consent of That Cloud Company.
Definitions
- "Customer" means any person or entity that seeks goods and/or services from ThatCloudCompany or its clients.
- "That Cloud Company" is a product of That Cloud Company.
- "TCC" refers to That Cloud Company.
Fee Structure
- All services supplied by That Cloud Company are chargeable.
- All onsite visits are chargeable with an initial call out fee and an initial payment block charged.
- Payment blocks are supplied in half hour segments and are fully chargeable five minutes into any half hour.
- All goods supplied by That Cloud Company will be charged additionally.
- The Customer is required to know the fees for requested goods or services prior to the goods or services being provided.
Payments
- Payment to That Cloud Company must be made by credit card or PayPal at the completion of the order being placed. Notification of the order to the requested client will not be placed nor will the supply of the goods or services be processed from our clients until payment has been processed, authorised and approved.
Default in Payment
- If any payment has not been received by the agreed time or payment is dishonoured or reversed (for whatever reason) then the That Cloud Company commission will still be charged
- That Cloud Company may then in its efforts to recover outstanding debt:
- Charge interest on the outstanding amount at the rate of 2% per annum more than the rate from time to time fixed by the Penalties Interest Act 1983 and compounded monthly.
- Charge the customer for all expenses and costs incurred in the reasonable pursuit of the debt including, but not limited to, legal fees, dishonour cheque fees etc.
- Discontinue the supply of any goods or services currently under quote or contract.
Ownership and customer responsibility of goods supplied by That Cloud Company
- Ownership of goods remains the property of That Cloud Company until full cleared payment for the goods has been received.
- The customer takes full responsibility for the goods immediately upon delivery, this includes damages, theft or otherwise.
That Cloud Company warranties
- Any date quoted or invoiced for the delivery of goods or completion of services are indicated only as estimates and are not guaranteed.
- That Cloud Company will endeavour to remedy all problems relating to the customers requirements but does not guarantee the longevity of solutions or even being able to solve all problems.
- Warranties for goods supplied by That Cloud Company from third parties will remain the responsibility of the third party.
- Goods and services provided by That Cloud Company are of a technical nature and as such are subject to errors, bugs, unexpected issues, viruses and the like.
- That Cloud Company assumes no liability for any issues relating directly, or indirectly, from such provision and the ongoing stability of any software or hardware is not guaranteed in any way by That Cloud Company.
- Customers are advised to exercise caution in utilising the goods or services provided by That Cloud Company by setting up appropriate precautionary measures.
- That Cloud Company assumes no responsibility for any ongoing issues on a machine or device after a service has been performed. This includes issues directly, or indirectly, relating specifically to the software or hardware monitored, modified, upgraded or removed.
- That Cloud Company will not be responsible in any way for any breach of any software licence in respect of software provided by the Customer.
- That Cloud Company will comply with its obligations under the Privacy Act 1988.
Customer Responsibilities
- The Customer assumes sole responsibility for all data
- The Customer is required, without notice, to back up all software, data and files that are stored on its computer and/or on any other devices it may have prior to any services supplied by That Cloud Company. That Cloud Company will not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
- Customer must read and shall be deemed to have read the Privacy Policy and agrees and consents irrevocably to That Cloud Company’s use of the customer’s personal information in accordance with the Privacy Policy.
- The Customer must swiftly document and report errors, faults or unexpected behaviours in the operation of any goods or any provision of the service to assist in minimising That Cloud Company’s error analysis.
- The Customer is required to know the fees for any goods or services provided by That Cloud Company prior to the goods or services being provided and agrees irrevocably to adhere to the payment requirements of That Cloud Company.
- The Customer warrants that it has a valid licence in respect of any software and shall indemnify That Cloud Company against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of That Cloud Company installing any software.
Liability
- To the full extent permitted by law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided or recommended by That Cloud Company under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise are hereby expressly excluded.
- That Cloud Company's sole liability to the Customer for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
- subject to sub-clauses 9.2.2 and 9.2.3, the aggregate amount of the fees and charges paid by the Customer in relation to the breach under these Conditions as at the date of the breach;
- in relation to goods if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
- the replacement of the goods or the supply of equivalent goods; or
- payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the goods repaired; and
- in relation to services if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
- the supplying of the services again; or
- the payment of the cost of having the services supplied again, as in each case That Cloud Company may elect.
- That Cloud Company shall in no way be liable to any Customer or third party in respect of the use of (or failure or performance of) the goods or the supply of the services for:
- Errors, failures, malfunctions or unexpected behaviours caused directly or indirectly by:
- Any third party;
- Actions of That Cloud Company whether or not authorised by the Customer.
- Accident, misuse or abuse by anyone.
- Alteration or modification of any goods by anyone.
- Any hardware or software that is attached to the goods whether supplied by That Cloud Company or not.
- Failure to provide the recommended operating environments for the goods.
- Damage during the relocation, reinstallation or reconstruction of the goods.
- Power surge or failure
- Acts outside the control of That Cloud Company or acts of God
- Normal wear and tear
- The loss or damage in any way of any files, data, services, performance, hardware or the like caused directly or indirectly by the breach of any conditions set out in these conditions by the Customer or by the actions of That Cloud Company.
- Any loss of profit, business interruption or damage of goodwill
- The Customers liability to any third party
- Damages of any nature howsoever arising or caused.
- That Cloud Company will not be liable in any way for any loss or damage suffered by the Customer where That Cloud Company, a That Cloud Company Agent or a That Cloud Company Representative has failed to deliver any goods or complete any task by the previously agreed time or by the cancellation or suspension of any goods or services for any reason.
- That Cloud Company will not provide a guarantee for a Service Provider to deliver but for any related issues or complaints you can contact That Cloud Company.
- That Cloud Company will not provide any guarantee where a That Cloud Company agent or That Cloud Company representative has failed to deliver any goods or complete any task by the previously agreed time or by the cancellation or suspension of any goods or services for any reason. For any related issues or complaints you can contact That Cloud Company.
- Any replacements of parts, under Warranty or not, will be carried out at the premises nominated by That Cloud Company.
- The cost and risk for the transportation of any goods by That Cloud Company, or nominated third party, is the Customers responsibility.
- Nothing in these conditions excludes, restricts or modifies in any way:
- Liability for fraud or deceit
- Liability for injury or death caused by negligence
Cancellation
- That Cloud Company reserves the right to cancel the delivery of any goods or supply of any service at any time and may cancel any order by notice to the Customer in writing.
- Customers cancelling the request for on-site service with less than 5 hours notice may be charged a cancellation fee up to the value of the appropriate initial fees relating to the onsite service.
No representation
- The Customer acknowledges and confirms that That Cloud Company has not made any representations to it to enter these Conditions and does not enter under any reliance on any representation by That Cloud Company, except for representations set out in these conditions.
- The Customer understands and confirms that its decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made by That Cloud Company.
- The Customer has relied on its own skill and judgement in deciding to purchase and acquire the goods and services.
Governing law
- This Agreement is governed by and must be construed according to the law applying in Victoria. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Victoria.
That Cloud Company Payments & Refund policy
That Cloud Company may change these policies periodically when required, so check this website to stay informed of any updates.
Although the products sold through the That Cloud Company participating websites are owned by the individual retailers, That Cloud Company is the responsible party for the collection of payment.
Payment is collected through credit cards (Visa and MasterCard), PayPal and other internet based payment gateways.
There are no trailing fees, membership or other, for any products purchased through the That Cloud Company retailer websites. The total payment amount is clearly displayed upon the final confirmation screens before placing an order. If you are unhappy with the total payment amount then please do not confirm the order.
Once orders have been placed and paid for, they are transmitted through the internet to the requested retailer. Orders are then printed and processed by the Retailer. There is no ability to cancel an order once it has been placed.
Order and payment receipt information is displayed on the final page of the website during the order process, emailed through to the supplied email address and is additionally archived and available through the That Cloud Company customer membership portal located at members.thatcloudcompany.com.au
The last 4 digits of credit card numbers are stored in our secure databases for archive and reference information. The remaining information is destroyed immediately after payment has been approved.
In the event that your payment needs to be refunded, due to non-delivery of products or other retailer approved reasons, then please contact the retailer with your payment receipt and order number to request the refund. The retailer, if in agreement with the reasons for the refund, will then request a refund with That Cloud Company for the particular order number. That Cloud Company will then process the refund within one week.
The That Cloud Company Delivery Policy
That Cloud Company provides a service for its clients to offer their customers the ability to order products online. Although the service, the website and the services used are hosted by That Cloud Company, the delivery policy of each individual retailer is different.
There are two options for purchasing products through That Cloud Company; Delivery and Pickup. If you choose for your order to be picked up then there will be no delivery and you are responsible for collecting your order. If you choose delivery then the retailer should deliver your product within the estimated delivery waiting time. This delivery waiting time changes throughout the day depending on how busy the retailer is, traffic conditions etc. There is no guarantee made by That Cloud Company that your order will be delivered within this time frame. The delivery waiting time is to be used as a guide and it must be understood that unforeseen circumstances may result in your order taking longer than expected to be delivered.
With certain payment methods, credit cards processed via the Adyen/NAB network, the ownership of products purchased is transferred to That Cloud Company first. In this case the retailer that you ordered through becomes a That Cloud Company agent. As such you can contact that That Cloud Company Agent to discuss concerns with your delivery time or the quality of the goods purchased.
If your order is not delivered within a satisfactory time then you are to call the retailer with whom you placed the order to notify them of your concern. Each retailers phone number can be found within the website.
If your order is picked up or delivered to an unsatisfactory quality then you must bring those concerns to the retailer with whom you purchased the products from and they will deal with the matter according to their specific policies.
Privacy Policy
This Policy applies to That Cloud Company and outlines our obligations in managing personal information we hold. That Cloud Company is bound by the National Privacy Principles contained in the Privacy Act 1988. Personal information is information or an opinion relating to an individual which can be used to identify that individual.
Why does That Cloud Company collect personal information?
That Cloud CompanyThat Cloud Company collects personal information in order to conduct our business, to provide and market our products and services, and to meet our legal obligations. That Cloud Company deals with personal information in two situations: when providing services to our clients and their customers; and when running our day-to-day business operations.
What kinds of personal information do we collect?
In general, That Cloud Company collects, and holds for periods appropriate for efficient and secure production processes, includes (but is not limited to): names, addresses, contact details, computer and other technology specifications and billing/payment information. In most cases, if the personal information we require is not provided by our clients, we may not be able to supply our services.
How do we collect personal information?
Generally, when providing services to our clients, we collect personal information when our clients provide us with their customer information and update from time to time when our services have been utilised by the customer. Personal information you provide includes (but is not limited to): personal information by way of forms filled out by people online or on paper, face-to-face meetings, interviews, business cards, and telephone conversations.
How might we use and disclose the personal information provided by our clients?
When providing our services to a client, the personal information we receive from the client is the property of the client and not That Cloud Company. We use and disclose the personal information only for the purpose of providing our services to the client, unless otherwise required by law. These arrangements are governed to us by our clients and or by contractual obligations.
Management of personal information provided by our clients
The personal information we receive from our clients is the property of our clients. This information is generally maintained on computer databases. Some processes require minimal retention of personal information. When we provide outsourced database management services for our clients, we may retain personal information, securely, on behalf of our clients, for long periods of time as required by our client.
Your ability to access your personal information provided by our clients
Subject to some exceptions, the Privacy Act entitles individuals to gain access to personal information which an organisation holds about them. However, in the case of personal information that we collect from our clients, access to that personal information should be sought from the relevant client.
About whom do we collect personal information?
The type of information we may collect and hold when running our own day-to-day business operations includes (but is not limited to), personal information about:
clients, potential clients, their employees and their customers;
suppliers and their employees;
prospective employees, employees and contractors; and
other people who come into contact with us.
Personal information provided by other people
That Cloud Company collects personal information about an individual from third parties, such as recruitment firms and referrals from existing contacts.
Website collection
That Cloud Company collects personal information from our web site through receiving general inquiries, emails, website statistics and online forms.
How might we use and disclose your personal information?
That Cloud Company may use and disclose your personal information for the primary purpose for which it is collected, for secondary purposes which you may reasonably expect to be related to the primary purpose and in other circumstances authorised by the Privacy Act. In general, we use and disclose your personal information for the following purposes:
to provide and market our products and services;
to provide and market our clients products and services;
to communicate with you;
to purchase from you;
to comply with our legal obligations; and
to help us manage and enhance our services.
To whom might we disclose your personal information?
We may disclose your personal information to other companies or individuals who assist us in providing our services, complying with our legal obligations, or who perform functions on our behalf (eg, Superannuation Fund provider); and anyone else to whom you authorise us to disclose it.
How do we keep personal information accurate and up-to-date?
That Cloud Company endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. We encourage you to contact us in order to update any personal information we hold about you. Our contact details are set out within our website at www.thatcloudcompany.com.au
You have the ability to gain access to your personal information
Subject to the exceptions set out in the Privacy Act, you may gain access to the personal information which That Cloud Company holds about you by contacting us. We will require you to verify your identity and to specify what information you require.
General management of personal information
We take reasonable steps to protect the security of personal information that we hold. That Cloud Company personnel are required to respect the confidentiality of personal information and the privacy of individuals. That Cloud Company takes steps to protect personal information held from misuse and loss and from unauthorised access, modification or disclosure, (e.g. by use restricted access to computers and electronic records and password controlled operating systems).
Where we no longer require your personal information for a permitted purpose under the National Privacy Principles, we delete, destroy it, except for personal information provided by our clients, in which case we will return it to the client or destroy it if the client requests us to do so. In neither case do we keep copies of your personal information.
General management of personal information
This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices. The most current version of this Policy is located at www.thatcloudcompany.com.au and can be obtained by contacting us.
Inquiries
If you have any questions about privacy-related issues please contact our Privacy Officer Brent Chandler. E-mail: info@thatcloudcompany.com