Special Offers - Terms & Conditions

Effective Date: 01 November 2023

Last Updated Date: 21 November 2023

These terms and conditions (the "Agreement") constitute a legally binding agreement between you (the "Client") and CodeMode (the "Consultant"). By accessing or using the services provided by the Consultant, you agree to be bound by these terms and conditions.

1. Services Provided

The Client hereby engages the Consultant to deliver specialised Design and Software Development Services, as outlined in a distinct "Special Offer". These services are tailored to meet the unique requirements of the Client and may deviate from the standard offerings provided by the Consultant. Additionally, the Parties may mutually agree upon and incorporate supplementary consulting tasks as needed.

2. Term of Agreement

This Agreement will be effective from the date specified above and will remain in effect until the completion of the Services, subject to the termination clauses outlined in this Agreement. The term may be extended with the mutual written consent of both Parties.

3. Amendments

We reserve the right to modify these terms and conditions at any time and without prior notice to you. Your continued use of our platform/services after any modifications to these terms and conditions will constitute your acknowledgment of the modified terms and conditions and your agreement to abide and be bound by the modified terms and conditions.

4. Termination

Neither Party may terminate this Agreement without cause. Termination for cause is permitted in the following events:

a. Breach of terms and conditions, not remedied within 60 days after notice;

b. Liquidation of the other Party;

c. Failure to deliver within 60 days of written notice; or

d. Non-payment for Services.

5. Intellectual Property

a. All Intellectual Property developed under this Agreement will belong to the Client after full payment.

b. Until full payment has been made by the Client, the Intellectual Property remains the exclusive property of the Consultant.

c. Upon receipt of full payment, ownership of the Intellectual Property will be transferred to the Client.

d. The Consultant may not use the Intellectual Property for purposes other than those agreed upon, both during the project and after the transfer of ownership.

e. In the event of failed payments via Stripe or any other payment method, the Client retains ownership rights only upon successful and complete payment.

6. Confidentiality

Both Parties agree to maintain the confidentiality of any Confidential Information shared during the term of this Agreement and beyond termination.

7. Indemnification

Both Parties agree to indemnify and hold harmless the other Party for any claims, losses, damages, and liabilities resulting from their actions in connection with this Agreement.

8. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia.

9. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

10. Waiver

The waiver of a breach or provision of this Agreement by one Party will not constitute a waiver of subsequent breaches or provisions.

11. Refunds

Refunds will not be granted for any payments made.

12. Bug Coverage

Any bugs (not scope changes) identified within 30 days from the project completion date will be addressed and fixed by the Consultant at no additional cost.

13. Applicability of Terms

This Agreement exclusively pertain to special deals or offers that may be presented by the Consultant from time to time. These terms are specifically associated with the deal that the client agrees to at the time of signing up. It is important to note that these terms do not extend to any other offers advertised on the Consultant's website, including but not limited to the standard "Service Plans." The applicability of these terms is limited to the unique terms accompanying the specific deal that the client subscribes to during the sign-up process.

By using the Services provided by the Consultant, you acknowledge and agree to abide by these terms and conditions. Failure to comply may result in termination of services or legal action.

If you have any questions about this Agreement, the Services provided or for requests of plan changes, please contact us at:

CodeMode

Email: info@codemode.com.au

Contact Form: https://www.codemode.com.au/contact