Terms and Conditions

Last updated: August 22nd, 2024

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. By placing an order with Dynamic Code Pty Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.

This Terms of Service ("Agreement") is a legal agreement between you (referred to herein as "you" or "your") and Dynamic Code ("we", "our", or "us") for access to and use of our website (www.dynamiccode.com.au) and other related software, interactive features or downloads operated by us (collectively, the "Service").

Use of the Service

We provide the Service for educational purposes only. You may not rely on any information or opinions expressed on the Service for any other purpose.

You agree that (i) you will use the Service solely for your own, non-commercial, personal use in accordance with this Agreement and (ii) all information supplied by you to us will be true, accurate, current and complete. We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

We do not recommend customers try and edit, update or manage theme files, page content or html code. Dynamic Code is not responsible for website crashes, theme conflicts, page errors or broken code incurred by unauthorised or inexperienced users.

Payments

Payment or Partial Payment is due before account is setup. Payments must be made via credit card or bank transfer.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Dynamic Code.

Dynamic Code has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Dynamic Code shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of QLD, NSW, Vic, SA, WA, & NT – without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Prohibited Activities

You represent, warrant, and agree that you will not:

• Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement
• Permit or otherwise enable unauthorised users to access and/or use the Service
• Use the Service to export software or data in violation of applicable Australia laws or regulations
• Sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service
• Remove any copyright, trademark, patent or other proprietary notices from the Service
• Exploit the Service or collect any data in any automated manner through the use of bots, crawlers or any other automated means
• Attempt to gain unauthorised access to our computer systems or engage in any activity that disrupts the Service

Website Hosting

No guarantees can be made as to the availability or interruption of this service. Dynamic Code Pty Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Dynamic Code Pty Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the Dynamic Code Pty Ltd policy that any outstanding accounts for work carried out by Dynamic Code Pty Ltd or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. If accounts are not settled, access to the related website may be denied and web pages removed.

Intellectual Property

You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service.

As a software development company, Dynamic Code takes pride in the work that we do for our clients. In order to showcase our work and maintain our reputation, we require that any work we complete for our clients contains a footer that includes the phrase 'Coded by Dynamic Code'.

This requirement is non-negotiable and is a standard practice for our company. By agreeing to work with Dynamic Code, you acknowledge and accept that any work completed by us will contain this footer.

Non-payments

• All payments are due within the specified invoiced date. Invoices without a specified payment date are due within 30 days.
• Late payments may incur late fees of up to 10% annually.
• The website, graphics and any programming code remain the property of Dynamic Code Pty Ltd until all outstanding accounts are paid in full.
• Once a project has been designed and completed the final balance of payment is then due in accordance with our payment terms.
• Outstanding payments not paid within a 90 day grace period may result in the removal of intellectual property.

Refunds

Dynamic Code Pty Ltd does not offer refunds.

Deposits

Deposits made to Dynamic Code Pty Ltd are non refundable and are valid for 12 months from date of deposit received.

Grant of Rights

You retain copyright and any other rights you already hold in Content which you upload or otherwise submit to, or make available on, the Service.

By posting, uploading, submitting or otherwise making available Content, you give us a worldwide, perpetual, sub-licensable, transferable, irrevocable, royalty-free, and non-exclusive license to use, host, store, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit such Content.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.