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
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 Co. 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.
As a condition to using Services, you are required to provide access to a variety of accounts. Dinkum Interactive Co. will store any account information in a secure location and will not abuse any privileges as a result of this access. Dinkum Interactive Co. 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 Co. 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 Co., 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 Co., 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.
Dinkum Interactive Inc. and other Dinkum Interactive Co. graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of Dinkum Interactive Co. Dinkum Interactive Co’s intellectual property may not be used in connection with any product or service without the prior written consent of Dinkum Interactive Co. 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 [email protected].
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 Co. 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.)
- Data monitoring and support/consulting
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 Co. 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.
Dinkum Interactive Co. 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 Co. will notify you by posting an announcement on the site. What constitutes a material change will be determined at Dinkum Interactive Co’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.
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 Co. 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 Co. 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 Co. 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.