Terms

The following outlines the terms of use of the Dinkum Interactive Inc. Services.

Before using any of the Dinkum Interactive Inc. Services, you are required to read, understand and agree to these terms. Please read carefully.

Acceptance Of Terms

The Services provided by Dinkum Interactive Inc. and all accompanying activities, are owned and operated by Dinkum Interactive Inc. and are accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the Services. By requesting the Services (as defined below), you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the Services. If you disagree with any part of the terms then Services should not commence.

Description Of Service

The Service offering includes hourly agreements to operators of websites running on single-site installations.. Services include, but are not limited to, any website adjustments, data collection, recommendations and/or content Dinkum Interactive Inc. makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on your website or through the Services.

Your access to and use of the Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Dinkum Interactive Inc. Dinkum Interactive Inc. reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

Data Access

As a condition to using Services, you are required to provide access to a variety of accounts. Dinkum Interactive Inc. will store any account information in a secure location and will not abuse any privileges as a result of this access. Dinkum Interactive Inc. is not responsible for these accounts.

Dinkum Interactive Inc. will also leverage some third-party accounts to help capture certain valuable data elements. Dinkum Interactive Inc is not responsible for the accuracy nor the reliability of these accounts. This data is non-transferable.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge Dinkum Interactive Inc., its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Dinkum Interactive Inc., its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms,

(ii) the use of the Services, by you or any person using your account or (iii) any violation of any rights of a third party.

Limitation Of Liability

In no event shall Dinkum Interactive Inc. be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Intellectual Property

Dinkum Interactive Inc. and other Dinkum Interactive Inc. graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of Dinkum Interactive Inc. Dinkum Interactive Inc’s intellectual property may not be used in connection with any product or service without the prior written consent of Dinkum Interactive Inc. The images and icons available in the may used by partners and third party sites with permission as requested.

Support Requests & Monthly Support Time

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail support@dinkuminteractive.com.

Each request is dependent on service package selected. Developer support and customization is determined per task, per request.

Up to 48 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or Dinkum Interactive Inc. management. Additional, emergency or rush requests may be subject to an additional fee of $95/hour.

Nature of Services and Requests

Hourly services should fall within the following options.

  • Website Design updates and adjustments
  • Content updates and adjustments
  • Downtime alert notifications
  • Image creation and adjustments
  • Creation of basic graphics (e.g. buttons, banners, etc.)
  • UI troubleshooting (HTML, CSS, Javascript)
  • Data monitoring and support/consulting
  • Optimization of CSS, Javascript and Images (where possible)

If you’re unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.

Examples of requests not meeting approval for monthly development time:

  • Full Website redesign
  • Landing page design
  • Custom plugin development
  • Custom theme development Termination & Cancellation

Cancellation can occur at any time.

Dinkum Interactive Inc. may terminate or suspend any and all Services and/or your Dinkum Interactive Inc. account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive

termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You can contact us through our support email address to issue a termination request.

Change

Dinkum Interactive Inc. reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Dinkum Interactive Inc. will notify you by posting an announcement on the site. What constitutes a material change will be determined at Dinkum Interactive Inc’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Dinkum Interactive Inc. in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Dinkum Interactive Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Dinkum Interactive Inc’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Dinkum Interactive Inc. may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Pennsylvania between two residents thereof, and the parties submit to the exclusive jurisdiction of Pennsylvania courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

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hi@dinkuminteractive.com

(267) 281-DINK (that's 267-281-3465)

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