Application of Terms of Service

These Terms of Service apply to and are incorporated into all quotes, scope of works, agreements, arrangements, transactions, and dealings entered into by Red Jelly with any Client regarding the provision of Services by Red Jelly.

The Services provided by Red Jelly are based on the understanding that the Client has accepted these Terms of Service.

Governing Law and Jurisdiction

The Services shall be governed by and construed in accordance with the laws of Tasmania/Australia. Any dispute arising out of or in connection with the Services shall be subject to the exclusive jurisdiction of the courts of Tasmania/Australia.

Quotations

Quote estimates are determined based on the Brief provided by the Client and the anticipated time required to deliver the services. Each quotation includes two rounds of Client changes and/or revisions. The quotation may sometimes necessitate additional resources and/or time due to unforeseen circumstances. If extra costs are incurred, we will inform you accordingly.

Red Jelly is not accountable for extra costs arising from factors beyond our control. The client assumes and accepts that these costs will be charged in addition to the agreed quote as long as they are deemed fair and reasonable and agreed upon in writing.

If the Client instructs Red Jelly that significant changes and/or revisions to the scope of the Services outlined in a quotation are required, then Red Jelly is entitled to charge an additional fee based on an additional quotation.

Client Obligations and Timeframes

The Client agrees to adhere to specified timeframes outlined in the project schedule, including timely provision of content, review, and approval of work and providing timely feedback with accurate instructions concerning revisions. Failure to meet these obligations may impact project timelines and delivery dates. Red Jelly will make reasonable efforts to accommodate minor delays; however, significant delays may necessitate adjustments to project schedules.

If a project cannot be completed due to a delay in feedback from the Client, Red Jelly reserves the right to invoice for hours completed on the Project. For the purpose of these Terms of Service, a delay is defined as exceeding 8 weeks.

Copyright and Intellectual Property

Client Materials

By providing any content such as text, photography, designs, fonts or other content (“Content”) to us for the purpose of creating work, the Client guarantees they have the legal right, including copyright and any other necessary permissions, to use and reproduce the Content. The Client further indemnifies Red Jelly against any claims, demands, or actions arising from any violation of intellectual property rights or unauthorised use of third-party material. Red Jelly reserves the right to request evidence of ownership or appropriate licenses for any Content provided and to omit this Content if such evidence is not provided or deemed insufficient.

Third-Party Materials

Red Jelly is committed to ensuring that all components of the work delivered to you are owned by us or obtained with necessary licenses or permission for their use. This includes third-party materials such as stock images, fonts, digital code and software.

Any usage rights associated with these third-party materials will be subject to the Terms of Service set forth by the respective providers, and the Client agrees to abide by the usage restrictions specified by these providers.

Transfer of ownership

Upon receipt of full payment from the Client, Red Jelly grants the Client an exclusive, perpetual, and worldwide license to use the completed work for the intended purpose outlined in the project scope. This license includes the right to modify, reproduce, distribute, and display the completed work in any medium or format, providing this does not breach the usage rights associated with third-party materials such as licenced photography, music or talent release agreements. The Client is granted usage rights solely for the completed work and is responsible for obtaining appropriate permissions and licenses for any third-party elements used in the work. While the Client is granted full usage rights to the completed work, Red Jelly retains certain rights to the work and its components, such as individual code, tools, or learnings developed or acquired during the creation of the completed work. These retained rights allow Red Jelly to use elements of the work for other clients, facilitating ongoing innovation and the delivery of high-quality solutions to our clients while safeguarding our intellectual property rights. The Client grants Red Jelly permission to use the completed work for promotional purposes, such as our website, marketing materials and entry into industry awards.

Payment

Payment schedules will be negotiated with the Client on a project-by-project basis. For some large-budget projects, 50% upfront part-payments may be required upon commencement to cover outgoings, deposit, and secure venues where necessary.

Cancellation

If the Client has engaged Red Jelly to provide Services on a specified date, and the Client cancels the Services 48 hours before production, a 50% payment of the agreed fee may be charged.

Material Release

The Client understands for a storage, retrieval and delivery fee they may obtain Raw Footage, Project Files, and Assets from Red Jelly.

Storage, Back Up & Archives

Red Jelly understands the importance of preserving our clients’ work for future reference and retrieval. To ensure the safety and accessibility of our clients’ work, we use Google Cloud storage and state-of-the-art backup solutions to protect against data loss. Our systems are regularly monitored and updated to ensure all work is secure and protected.

Once a project is completed, we archive all project files and assets for five years. Our clients can access their archived projects at any time during this period, ensuring that their projects remain accessible and retrievable for as long as required. Understanding this may incur a fee for retrieval and delivery. Following the five-year period, we securely delete the archived data to avoid long-term data storage costs and reduce our carbon footprint associated with ‘always on’ cloud data storage.

If you require data storage beyond five years, please discuss this with us so we can arrange longer-term storage solutions.

Digital

In most cases, digital projects (particularly website developments) are accompanied by a scope of works to outline technical aspects – including accessibility and search engine optimisation requirements, as well as website hosting considerations.

Unless specified otherwise, the following outlines our general approach to website projects.

Device and Browser Testing

Our design and development process caters to screen sizes ranging from mobile to desktop, ensuring compatibility with current versions of major web browsers. While we strive to provide a reasonable user experience for older web browsers and devices, it is important to note that our primary focus remains on modern browsers (latest versions of Google Chrome, Apple Safari, Microsoft Edge, Mozilla Firefox). Any specific requirements for enhanced compatibility with older browsers must be clearly outlined in the Scope of Work, allowing for tailored solutions and appropriate quoting.

WCAG Compliance

Our approach to accessibility strikes an effective balance between usability and inclusivity, prioritising practical implementation and user testing to enhance accessibility without introducing unnecessary complexity and cost. Accessibility standards at WCAG level AA is generally achievable for most aspects.
While adhering fully to WCAG level AAA represents the highest standard, it can incur significant costs and may not be necessary for every website.

If strict adherence to a specific level of WCAG compliance is required, this must be defined within the Scope of Work so that it can be quoted and planned effectively.

Search Engine Optimisation

We are committed to optimising all our website developments for search engine performance by adhering to industry best standards. For new websites, at minimum this includes well-structured HTML code, implementing page redirections where URLs have changed from an old site, and optimising page
titles/descriptions to ensure a clean and focused presence in search results. Search engine research to determine content, terminology and language that resonates with your audience can be done if specified and quoted in the Scope of Works.

Website Hosting

We recognise the importance of reliable website hosting for maintaining a successful online presence. While we do not directly host websites for our clients, we can facilitate hosting through our trusted hosting partners. Our clients have the option to engage directly with our hosting partner or can choose to have us act as their behalf, streamlining communication and facilitating billing as a single point of contact.

Please note that the Hosting Agreement and Service Level Agreement (SLA) governing the hosting service is an arrangement between the hosting partner and the Client. Red Jelly assumes no responsibility or liability for the hosting service provided. Our role is solely to facilitate the arrangement between the Client and the hosting partner.

Ongoing Maintenance

Website maintenance services are typically provided by our Hosting Partner, who employs enterprise-grade security practices. However, in cases where a client chooses to host their own website, they assume responsibility for applying security patches, CMS and plugin updates, and implementing security measures to mitigate threats and avoid vulnerabilities.

If needed, we offer assistance with implementing and installing robust security practices and periodic updates upon request. However, it’s important to note that due to the dynamic nature of the Internet and the regular emergence of new threats, we cannot guarantee absolute immunity against vulnerabilities, hacks, or malicious attacks on the website. Clients are encouraged to remain vigilant and proactive in safeguarding their online assets.

Privacy Laws

Red Jelly respects the importance of data protection and privacy laws and will take reasonable measures to safeguard personal data we have access to during project and website operations.

The Client acknowledges that absolute security over internet-transmitted or electronically stored data cannot be guaranteed. The Client accepts liability for compliance with all relevant data protection laws and agrees to indemnify Red Jelly against any claims, liabilities, fines, penalties, or damages arising from the website’s handling of personal data.

For websites that may be considered higher-risk for notifiable data breaches (where unauthorised access or disclosure of personally identifiable information collected would likely result in harm to an individual), Red Jelly strongly recommends that this data is not permanently stored in the website. We can assist with configuring automatic removal of stored data and higher levels of data encryption should this be defined.

Amendment and Updates

Red Jelly may change these Terms of Service at any time without notice. It is your responsibility to review these terms periodically for updates. Your continued use of our services after any changes indicates your acceptance of the updated terms.