Legal · Website Terms
Terms of Use
The constraint this document is designed around first is the gap between a website and a contract. Nothing published here is an offer, a specification or a warranty. Engineering commitments live in a signed services agreement with a statement of work attached. These terms exist to make that boundary explicit, and to set the rules for using the site itself.
- Document status
- Structural template. Not reviewed by a lawyer. Not in force.
- Applies to
- This website and its subdomains only
- Does not apply to
- Services delivery, which is governed by the signed agreement
- Governing law
- To be confirmed — New South Wales, Australia assumed for drafting
- Consumer law
- Australian Consumer Law guarantees cannot be excluded
Draft structure only. This is not legal advice. This page was assembled by the team building the website. No lawyer has drafted or reviewed it. It is a set of headings with drafting notes underneath, not enforceable terms, and it creates no rights or obligations for anyone.
It must be replaced in full with counsel-reviewed text before this site is published. Do not rely on it, quote it in a tender, or treat it as Cloud Natives' position on any question.
Status, scope and acceptance
Template generated 14 September 2026 · Version 0.1 (draft) · Effective date: not yet set
Three things need settling before a word of the operative text is written: which entity publishes the site, what counts as acceptance, and how these terms interact with a services agreement that was signed earlier.
- Publisher
- Cloud Natives Pty Ltd (ABN to be confirmed)
- Acceptance
- Browse-wrap acceptance is weak. Counsel should decide whether continued use is a sufficient trigger, and whether any part of the site needs an affirmative click
- Order of precedence
- A signed services agreement should prevail over these terms wherever the two conflict. Say so in the operative text, because clients will ask
- Changes
- Version and date each revision. Terms that can change silently are routinely read against the publisher
- Severance
- A standard severance clause is needed so one unenforceable provision does not take the rest with it
Acceptable Use
What you may do here, and what you may not.
This is a brochure site with no accounts, no payments and no user-generated content. That keeps the acceptable-use section short. It should stay short: every prohibition added is a prohibition someone has to be willing to enforce.
Permitted use
Read the site, print pages, and share links. Internal circulation of a page within an evaluating organisation should be expressly permitted, because it happens constantly during procurement and nobody should have to ask.
Automated access and scraping
State the position on crawlers plainly and keep it consistent with robots.txt. Counsel should also decide the stance on ingestion for machine learning training, which is a live question for every technical publisher and is better answered here than in a dispute.
Interference and security testing
Prohibit denial-of-service attempts, credential probing and attempts to reach systems beyond the public site. Then add what most terms omit: a coordinated disclosure route, so a researcher who finds something has a lawful way to tell us instead of a reason to stay quiet.
Forms and correspondence
Enquiry forms are for genuine enquiries. Submitting someone else's personal information without authority, or using the form to distribute unsolicited commercial material, should be prohibited. Handling of submitted information is covered by the privacy policy, not here.
Availability of the site
The website is published on a reasonable-endeavours basis and may be changed or withdrawn without notice. This is worth saying explicitly, because a reader who has just read an availability figure on a solutions page may otherwise assume it applies to the marketing site as well. It does not.
Intellectual property and your licence to view
Most of the value on this site is in the written explanations and the reference architectures, not the logo. The intellectual property section should protect the former as carefully as the latter.
Our material
Text, diagrams, benchmark write-ups, reference architectures, the design system and the source of this site are owned by Cloud Natives or licensed to it. Copyright subsists under the Copyright Act 1968 (Cth). The operative text should assert ownership without listing every asset class, since the list will age badly.
Your licence
A limited, revocable, non-exclusive licence to view and print pages for your own evaluation or internal business use. Not a licence to republish, resell, or incorporate our reference architectures into a competing proposal. Counsel should decide whether extracts may be quoted in a tender document, and on what attribution terms, because organisations will do it either way.
Open-source components
Where this site or a published diagram includes open-source material, the applicable licence governs that material and prevails over this section. A short attributions file should be maintained and linked once the dependency list is final.
Feedback and unsolicited submissions
Suggestions sent to us are useful and we would rather receive them. The terms should say we may act on feedback without obligation or payment, and should discourage sending confidential material through a public form. Anyone with something genuinely confidential should ask for a non-disclosure agreement first.
Drafting note. The site currently uses placeholder imagery and text stand-ins for partner names. Before publication, confirm that every image, font and logo on the site is either owned, licensed, or removed. An intellectual-property clause is a poor defence against material we did not have the right to publish in the first place.
No Warranty
Every number on this site is indicative.
Performance figures are the part of a technical marketing site most likely to be relied on, and most likely to mislead. Benchmarks depend on the silicon generation, the interconnect topology, the filesystem, the dataset shape and the tuning. Change any of those and the number changes.
The operative clause should say that published figures are illustrative of work done under specific conditions, are not a prediction of results in another environment, and are not a warranty, representation or contractual commitment. Performance obligations arise only where they are written into a signed agreement with the test method and acceptance criteria attached.
Categories of statement this clause must reach
- Throughput and latency
- Tick-to-trade times, interconnect bandwidth, storage read and write figures, inference tokens per second
- Aggregate capacity
- Floating-point capability, rack counts, deployed petabytes
- Availability
- Any percentage shown outside a service level agreement, including the figure in the home page header
- Timeframes
- Delivery, migration and benchmarking durations. These depend on access, approvals and hardware lead times we do not control
- Commercial outcomes
- Cost reductions and efficiency gains described in a case study. Another organisation's result is not a forecast of yours
- Accreditation claims
- Assessment and certification statements. Each is tied to a scope statement and a date, and neither is visible in a badge
Read this before launch. Every metric, availability figure and accreditation badge on this site is a placeholder pending evidence. A disclaimer on this page does not make an unverified claim safe to publish. Replace the numbers with audited ones, or remove them.
Limitation of liability, and what cannot be limited
Australian drafting has a hard boundary here. The consumer guarantees in Schedule 2 of the Competition and Consumer Act 2010 (Cth) cannot be excluded, restricted or modified, and an attempt to do so is itself a problem.
The structure counsel needs to build
- An acknowledgment that non-excludable rights under the Australian Consumer Law apply.
- A statement of what is excluded only to the extent the law permits.
- Where a guarantee applies and the law allows it, a limitation to resupply or the cost of resupply.
- A monetary cap on remaining liability, with the figure and its basis set by counsel.
- An exclusion of indirect and consequential loss, defined rather than left to argument.
- Carve-outs that are not capped, typically death or personal injury, fraud, and wilful misconduct.
- A mitigation and proportionate-liability provision.
Reliance on website content
The site describes engineering approaches at a level suited to evaluation, not to implementation. Acting on a reference architecture without a design review in your own environment is a decision the reader makes alone. That should be said in plain words rather than buried in a defined term.
Third-party content and links
Outbound links are provided for convenience. We do not control those sites, review them continuously, or endorse them by linking. Where a linked resource is a standard or a regulator's guidance, the reader should always check the source for the current version rather than rely on our summary of it.
Insurance check. The liability cap in these terms should be reconciled with the professional indemnity and cyber cover actually held, and with the caps in the standard services agreement. A website term that is more generous than the master agreement creates an inconsistency someone will find.
Third-Party Marks
We name technologies. We do not claim them.
Infrastructure engineering cannot be described without naming products. Slurm, Kubernetes, Lustre, BeeGFS, InfiniBand, RDMA, NVMe over Fabrics, OpenFOAM, Nextflow, vLLM and OpenUSD all appear on this site because they are the accurate words for the thing being built.
What the clause should establish
Product names, trade marks and logos belong to their respective owners. They are used on this site descriptively, to identify technology we work with. Their use does not assert ownership, and it does not imply sponsorship, endorsement, certification or a partnership by the owner of the mark.
Where Cloud Natives does hold a partner status or a vendor accreditation, that is a separate, evidenced claim. It belongs on the page that makes it, with the programme name and tier stated, and only while the agreement permitting its use is current.
Brand review required. The partner wall on the home page uses text stand-ins for vendor names. Each one needs either a permission on file or removal before launch. A disclaimer on this page does not create a right to display someone else's mark.
Questions We Expect
What procurement asks about this page.
These four questions arrive in nearly every tender clarification round. The answers below are the drafting positions we would put to counsel, not settled terms.
No. These are website terms. Delivery is governed by a master services agreement, a statement of work, and where relevant a service level agreement and a data-processing schedule. Those documents carry the performance obligations, the security controls and the liability position that actually apply to an engagement.
If anything on this site appears to contradict a signed agreement, the signed agreement governs. The operative text should state that order of precedence so it does not need to be argued.
Not as a commitment. Ask for the figure you care about to be restated in a tender response with its test conditions, or better, ask for a benchmark on your own workload. A number produced on your data, on the hardware being proposed, is the only one worth scoring.
Where a figure matters commercially, it belongs in the agreement as an acceptance criterion with a defined test method and a remedy if it is missed.
To be confirmed. The drafting assumption is the law of New South Wales, Australia, with the non-exclusive jurisdiction of the courts of that State and the courts of the Commonwealth. That assumption needs to be tested against where the entity is registered and where most clients contract.
Commonwealth and State government buyers frequently require their own jurisdiction, and sometimes their own terms entirely. That is negotiated in the services agreement, not here.
Not without written agreement on scope and timing. Unauthorised testing is prohibited by the acceptable-use section and may also be an offence. Ask first and we will scope it properly, including the source addresses and the window.
If you have already found something, please report it rather than test further. A coordinated disclosure contact should be published on this page before launch so that route exists.
Governing Law
Jurisdiction, changes, and who to write to.
An Australian jurisdiction is assumed throughout this template and marked as unconfirmed everywhere it appears. It is a decision for counsel and the board, not for the people building the website.
- Governing law
- To be confirmed. New South Wales, Australia assumed for drafting only
- Jurisdiction
- Non-exclusive jurisdiction of the courts of that State, to be confirmed
- Dispute process
- Counsel should decide whether a notice and good-faith negotiation step precedes proceedings
- Change log
- To be maintained at the foot of this page once the terms are in force
- Legal and terms enquiries
- hello@cloudnatives.example
- General line
- +61 0 0000 0000
- Postal address for notices
- To be supplied
- Security disclosure
- To be published before launch
Privacy questions are answered in the privacy policy. Accessibility feedback goes to the accessibility page.