Sign up to our e-newsletter for industry updates, resources, advice, freebies and more!
All feedback from the client to Cyrius Media Group must be delivered back to us within 2 business days from delivery, unless explicitly stated otherwise. Any indicative timelines are based on this turnaround, unless otherwise stated.
Should client feedback be delayed at any point of the project; it may adversely affect estimated or assured project completion dates. Digital Garden’s production schedule may necessitate waiting for a free window of resource time to complete any work based on feedback. Cyrius Media Group cannot take responsibility for making up time to meet deadlines/launch dates that may otherwise be missed due to any client delays in the provision of feedback or important materials/information throughout the project.
• Prototype/wireframes – 2 rounds of feedback, unless otherwise stated.
• Concept design – 2 rounds of feedback, unless otherwise stated.
• Design production – 2 round of changes, unless otherwise stated.
Any requests beyond the included design concept or rounds of changes will be billed by Cyrius Media Group on time and materials at our standard hourly rate (please refer to our current rate card) plus 20% project management, by mutual prior agreement.
(a) In situations where the client enters or provides images, text, animations, layouts, or any other
content for their website/digital product they are legally responsible for ensuring that this material does not infringe any copyright or other laws.
(b) Certain materials including images and font licenses provided by Cyrius Media Group may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a website/digital product. The license may not permit them to be used in publicity material. The website/digital product owner (the Client) is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes, please contact us for clarification.
(c) Unless explicitly stated otherwise by Cyrius Media Group in a project proposal or agreement as being an included service, the Client is always responsible for the entry/population of text and image content into the developed website/digital product via the CMS. Access by the Client to the CMS to begin content entry/population will be dependent entirely on the progress of development and, once granted, the pace of content entry by the client will likely determine the eventual go-live date the Client arranges.
(a) The Client must not, and must ensure that its Related Corporations do not, for any reason, during the term of the Agreement or within twelve months after its termination, directly or indirectly induce, solicit, engage or employ (or procure the inducement, solicitation, engagement or employment of) any officer, employee or contractor (including any contractors who aren’t currently engaged with Cyrius Media Group, however, have specifically worked on the client’s project) of Cyrius Media Group unless the Client or its Related Corporation has obtained Cyrius Media Group’s prior written consent.
(b) If the Client or any of its Related Corporations directly or indirectly induces, solicits, engages or employs (or procures the inducement, solicitation, engagement or employment of) any officer, employee or contractor (including any contractors who aren’t currently engaged with Cyrius Media Group, however, have specifically worked on the client’s project) of Cyrius Media Group, the Client must pay a placement fee of A$60,000 (exclusive of GST) to Cyrius Media Group for each officer, employee or contractor it has induced, solicited, engaged or employed (or procured the inducement, solicitation, engagement or employment of), which the Client acknowledges is a fair and reasonable estimate of the cost to Cyrius Media Group of replacing each such officer, employee or contractor of Cyrius Media Group.
If internet marketing services (SEO, SEM, PPC etc) has not been agreed as part of the contract the client must be aware that Cyrius Media Group is not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can implement some optimising measures in the initial design and build stage of the website/digital product, it is impossible to make any guarantees on ranking position. Extra to this Cyrius Media Group cannot guarantee any website/digital product ranking positioning for any keywords under any conditions. This is a result of the varying nature of the search engine algorithms, and also a result of external factors determining ranking positioning, such as the client’s own authored content.
All third-party costs shall be met by the client unless otherwise stated.
Should the client wish to cancel the project after payment of any first deposit amount, then any initial project deposit amounts are non-refundable. Should the client wish to cancel at any other point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
The price quoted to the client is only for the work specifically agreed to. Should the client add to the scope of work, additional charges will apply. Correspondingly, should the client scale back the scope of work, a refund is not guaranteed. The condition where a refund is not guaranteed includes when a total project discount of costs has been provided. Refunds may also only be provided if no work has commenced on an item that has been removed from the project scope, or de-scoped. Additional charges will be charged at Cyrius Media Group hourly rate.
NOTE. All Cyrius Media Group services require project management, and our costs for this service are 20% of any quoted service costs.
The project schedules, timelines and delivery dates expressed by Cyrius Media Group in this document, any other document or by any other means of communications are indicative estimates only. There may be occasions where product delivery or demonstration of completion of works does not correspond to these expressed schedules, timelines, or dates. Projects delivery may be delayed as a result of 3rd party vendors, internal delays, or delays in the provision of client feedback, compatible materials or milestone sign off.
Except in relation to property damage (excluding loss of data), injury or death, it is agreed that either party will not be liable for any damages or loss incurred by either party including, loss of revenue, loss of opportunity and loss of profit. The parties also agree that neither party will be liable for any damages incurred indirectly by any 3rd parties related to the parties or the parties’ businesses, where the 3rd party may seek legal action or compensation of any kind from either party.
Either party may terminate this agreement upon the provision of 30 days written notice to the other party. Cyrius Media Group may terminate the project immediately and without prior notice if the client does not make payments for invoices issued, or if the client obstructs Cyrius Media Group’s ability to work on or complete the project.
(a) If the Client terminates the project prior to its completion, all deposits made up to that date are non-refundable. The Customer will also be required to pay for any unpaid work or costs incurred by Cyrius Media Group in relation to the project. Upon receiving any outstanding balance Cyrius Media Group will provide works to the point of termination in disk format, conditional that the works can be provided in that format. If the works require additional costs to retrieve from or coordinate retrieval from a 3rd party, then these costs will be incurred by the client.
(b) Cyrius Media Group may immediately terminate this Agreement upon the Customer becoming Insolvent. The Client may immediately terminate this Agreement upon Cyrius Media Group becoming insolvent.
After work on a website/digital product commences, any advances of future instalments are not refundable.
Unless otherwise agreed, payment is only accepted by direct bank deposit or cheque. If payment is made by cheque, then works corresponding to the payment will commence upon clearing of the cheque payment funds in Cyrius Media Group’s account.
Invoices are only issued corresponding to pre-defined payment milestones or pre-agreed terms. Payment of invoices is required for works to commence on the quoted works. We reserve the right not to launch a website/digital product until full payment has been received.
Your project will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand, Cyrius Media Group is not responsible for future support. Support can be provided upon request for an agreed fee.
We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites/digital product. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password, we will no longer have access to the website & further support will not be possible.
(a) If the client requires any 3rd party to access the development environment whilst the site is on production, then the agreed warranty is null and void. Correspondingly any additional work required to identify or repair any issues resulting from access by any 3rd party are not covered under any agreement between Cyrius Media Group and the client. Any such work will be charged as extra at Cyrius Media Group’s current hourly rate, plus 20% project management costs. The same applies for the warranty period and for any period for which Cyrius Media Group is commissioned for ongoing website/digital product maintenance.
(b) Cyrius Media Group does not accept responsibility for any failure in any 3rd party software or other product outside of the warranty or covered service period.
(c) Cyrius Media Group manages the website/digital product hosting accounts for certain clients. For these clients, there are additional terms and conditions supplied specifically for that hosting service.
(d) Cyrius Media Group endeavours to estimate as accurately as possible for any 3rd party integration work, based on all documentation (such as API guides), workflows, conversations and correspondence provided. Estimates are based on this information and our experience in prior integration work. However, Cyrius Media Group reserves the right to (at any time) require that integration work be re-scoped and re-estimated, should it become clear that the expected time effort/resources will be insufficient to complete the integration work.
If at any point during the process of the web design a designer feels that the website/digital product is going to be used for an illegitimate purpose, then Cyrius Media Group has the right to refuse to complete the website, this is for the protection of our clients, the consumer and ourselves, as we have a responsibility to all three.
If there is any malicious activity on the website/digital product once it has been completed, then there will be additional costs to amend any issues with the website.
We design websites/digital products in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website/digital product and its content comply with current online trading laws and regulations.
We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist, we recommend that the client takes legal advice from their company lawyer or other relevant 3rd party service provider.
We cannot accept responsibility for any security breaches or malicious activities that adversely impact on the live website/digital product. We can advise upon request how the client can better secure their website/digital product. This may include implementing project-specific security measures and may also include referring the client to a dedicated 3rd party security service provider.
Cyrius Media Group must:
(a) Do all things that a reasonable and prudent entity would do to ensure that all Customer Data is protected at all times from unauthorised access or use by a third party or misuse, damage or destruction by any person;
(b) provide protective measures for the Customer Data that are no less rigorous than accepted industry standards and commensurate with the consequences and probability of unauthorised access to, or use, misuse or loss of, the Customer Data;
(c) without limiting (a) or (b), comply with all security regulations or procedures or directions as are specified in the Contract or given by the Customer from time to time regarding any aspect of security of, or access to, the Customer’s information or material.
Cyrius Media Group holds intellectual copyright of any material, including, solution designs, source code and original images created for the client until payment of the final invoice. At this time, we will transfer this intellectual copyright to the client. All website/digital product quotations, estimates, proposals, presentation slide decks and costing documents are supplied on a confidential basis and permanently remain the Intellectual property of Digital Garden.
Cyrius Media Group reserves the right to alter pre-agreed project timelines if the location/s in which it operates is/are:
• subjected to a natural disaster
• declared to be under a state of emergency
• affected by declared epidemic or pandemic
Cyrius Media Group cannot be subject to penalty or the withholding of payment due to changes made under such circumstances.
Cyrius Media Group voluntarily complies with all applicable anti-slavery and human trafficking laws, statutes, regulations, and codes, including the Commonwealth Modern Slavery Act 2018.
For more information about our terms of business, if you have questions, please contact us by e-mail at info@cyrius.com.au or by mail using the details provided below:
Cyrius Media Group
Address
PO Box 240,
North Ryde BC NSW 1670
