Terms & Conditions

Effective Date: 01 October 2021

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 engages the Consultant to provide the following consulting services ("Services"):

a. Software Development services;

b. Software Consulting services; and

c. Design Services.

Additional consulting tasks may be agreed upon between the Parties. The Consultant agrees to provide these Services to the Client.

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 and Plan Pauses

a. Refunds will not be granted for any portion of a plan month that has already commenced.

b. The Client retains the right to initiate a pause or cancellation of an ongoing plan. Such "pause" or "cancellation" shall be effectuated in accordance with the procedures detailed in this Agreement.

c. Requests for plan pauses must be submitted in writing with a minimum notice period of 1 business day prior to the desired pause date.

d. During the paused period, no plan payments will be due or payable, and Services will be temporarily suspended.

e. Plan reactivation after a pause shall be initiated by the Client in writing with a minimum of 3 business days, and Services will resume there onwards.

f. Plan cancellations shall be effectuated by submitting a written notice with a minimum notice period of 1 business day prior to the desired cancellation date.

12. Communication of Plan Changes

Any requests for plan pauses, or cancellations, as well as any other changes to the plan, must be submitted in writing to the Consultant via the designated communication channel specified by the Consultant. The Client acknowledges that verbal requests will not be considered valid for implementing plan changes.

13. Applicability of Terms

This Agreement apply specifically to the use of a standard "Service Plan" as advertised on the Consultant's website. Any custom agreements, special deals, or arrangements that may be offered from time to time outside the standard Plans are not governed by these terms and conditions. In such cases, the terms of the custom agreement or special deal will prevail.

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:


Email: info@codemode.com.au

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