As a client of jDynamic's, you hereby agree and understand the following terms and
conditions, which enters you into jDynamic's standard policy agreement.
jDynamic may ask users to provide information that personally identifies an individual in certain circumstances, including for example when submitting an enquiry form or order. We use personal information for two primary purposes:
To enable quick and convenient contact with specific individuals who require follow-up services from us.
To create a record of personal information that can be utilised in the future within our marketing and customer service departments, should the need for contact again be necessary.
All requests for removal from such future contact are always honoured.
By not providing the personal information as requested, users will still be able to have access to the jDynamic website, but we will not be able to process certain requests that require further communication, such as orders, enquiries and such like.
jDynamic never provides any user's personal information to any third-party for commercial or other purposes unless required to do so by law. This is a strict policy that is strictly enforced.
jDynamic reserve the right, in every case at its own discretion and for whatever reason, to amend content contained within this website, its corporate documentation and promotional material.
This website may provide links to a number of external websites; these are provided for your convenience. These websites are not controlled by jDynamic and neither jDynamic, its directors nor employees assume any responsibility or liability for any material contained within such websites.
jDynamic holds the copyright to this website. jDynamic grants you a limited license to view this website utilising the Internet, for either personal or commercial use. You are not permitted to make copies of this website, reproduce or alter this website for any purpose whatsoever without the express written consent of jDynamic.
Services and Updates
We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:
We may perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times.
We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
You expressly and irrevocably agree to:
- It is your responsibility to ensure the appropriateness and compatibility of the Services that you are purchasing;You have ensured that Services that you are purchasing are appropriate and compatible to your needs;
- We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you;We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
- An account credit; or
- A refund;
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.
- We may suspend/cancel any/all Service if:deem your use of our services if your website may jeopardize our operations and services, if malicious code is detected or found during the migration.
- It is your responsibility to maintain your website's security if any websites are not developed by jDynamic.
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
It is your responsibility to ensure that your website is unaffected by any malicious code prior activation. Quoted times for account activation are estimates only, and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:
TERMINATION AND CANCELLATION
jDynamic may terminate your account at its sole discretion in the event of serious breaches such as activities of an illegal or fraudulent nature, or any activity considered not in keeping with the ‘goodwill’ of the service. These include, but are not limited to:
- Spamming (sending unsolicited promotional electronic mail)
- Downloading or storing of content that could be deemed ‘NC’ by the Australian Broadcasting Authority (ABA) or prosecutable under Australian Law. This includes, but is not limited to, illegal software, software cracks and pornography.
- Obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements or matter which violates the privacy right or property rights of others, or is likely to be defamatory of another person.
LIMITATION OF LIABILITY
- jDynamic will not be responsible for any pre-recorded, registered, patented or copyrighted sounds, music, text, images, etc. that you wish to utilize on their website. This is your sole risk. You should seek independent legal advice if they are unsure. jDynamic will not be liable, professionally or legally for any content of the website.
- jDynamic provides no guarantee or warranty, and you acknowledge and agree that jDynamic has provided no representation, in respect of any of the following:
- that the Services will be uninterrupted, or continuous, including without limitation that you will be able to access jDynamic's network at any particular time; and
- that any data transmitted by jDynamic is accurate, error free, virus free, secure or inoffensive.
- You acknowledge and agree that you understand that the Services are not, and do not include, any archival, recording or back-up services, and you are solely responsible for maintaining independent back-up copies of your own including (including, without limitation all emails and websites).
- jDynamic expressly disclaims any Liability for any loss, damage or destruction of your emails, distribution lists or any other content.
- You acknowledge that it is your responsibility to keep back-up copies of your data (including without limitation your emails, distribution lists or any other content).
- jDynamic has no Liability to you, or any party beneficially entitled, for:
- any loss of data for any reason; or
- any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network;
- failure to continue to provide the Services to you for any Excluded Event.
- All contracts are subject to the following payment terms upon signing the contract:
- Website Design – Payment in full is required at the time of signing this agreement.
- Adhoc Work – Payment in full due at completion of project. This option is only available for small projects or ad hoc work, when specified by jDynamic.
- One ‘web page’ (as outlined on the site map at the time of sale) is defined as a maximum of 500 words of text and up to 10 thumbnail images.
- The content required to design and develop your website:
- Includes all items of stationery, all sales brochures and marketing materials, product catalogues, photographs, company profiles and any other material used in the promotion of your organization. In order to provide the copywriting service (where included in the contract sales price), jDynamic may also require additional information to be provided, including advice on your target market and unique selling points. jDynamic reserves the right to levy additional charges for content rewrites beyond the initial written content delivery.
- Must be supplied to jDynamic’s Project Manager within fourteen days of the signing of this contract. Failure to do so may result in the closure of the project if development is completed 100%.
- Upon presentation and inclusion of all images and text (as supplied with starter kit) and after all functionality has been installed (in terms of the signed contract) the sale is deemed complete and you will have seven days to advise of any changes. Failure to notify jDynamic within the seven days will result in the contract being considered duly completed with all outstanding monies owed under the contract due and payable.
- The marketing of the website will not commence until receipt of all outstanding monies owed under the contact are paid in full. All intellectual property associated with search engine marketing will be removed upon cancellation of the search engine service.
- jDynamic reserves the right to levy additional charges for concept redesigns beyond the initial design concept.
- jDynamic reserves the right to access statistical data derived from your website and use it for its own purposes, including, built not limited to effectiveness analysis and promotion.
- jDynamic reserves the right at all times to promote (or not promote at its discretion) your website for the purposes of jDynamic’s own marketing through appropriate means including, but not limited to, the placement of the jDynamic logo and hyperlink on your homepage and listing of your website in a jDynamic directory.
- jDynamic reserves the right to modify these Terms & Conditions without prior notice and any changes will apply to existing and future projects.
jMailPro Term & Conditions
Email marketing needs to adhere to Australian Government laws and regulations, for further information on this topci please read more here http://www.acma.gov.au/Industry/Marketers/Anti-Spam/Ensuring-you-dont-spam/spam-spam-act-2003-faqs or download Australian Spam Act Practical Guideline: http://www.acma.gov.au/webwr/consumer_info/frequently_asked_questions/spam_business_practical_guide.pdf
Consequential Loss means:
- loss of revenue, loss of profits, loss of anticipated profits or loss of (or failure to achieve) anticipated savings;
- loss of actual or potential opportunities or loss of contracts;
- loss of or damage to goodwill or reputation;
- loss arising from damage to credit rating or increased financing costs;
- loss of data or corruption of data;
- loss arising from business interruption or loss or damage resulting from wasted managed time; or
- (any indirect, special, economic, incidental or consequential loss or damage (including indirect, special, economic, incidental or consequential loss or damage loss or damage in any claims made against you by your own clients or customers),
howsoever arising, whether based in contract (including under any indemnity), in tort (including negligence), in equity, under the provisions of any statute or otherwise.
Excluded Event means:
- any breach by you of your obligations to us;
- any Intervening Event;
- any Force Majeure Event;
- the you, or any of you authorised user’s respective respective agents, servants, employees, contractors or other personnel’s negligent, fraudulent or wilful act or omission; or
- a failure of any of the equipment including any third party equipment.
Force Majeure Event means any act, event or cause including:
- an act of God, any physical natural disaster, peril of the sea, accident of navigation, war, sabotage, riot, act of terrorism, any denial of service attack, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, strike or other labour difficulty (whether or not involving employees of the party concerned), epidemic, quarantine, radiation or radioactive contamination;
- a change in any Law (including any new law);
- an action or inaction of a Government Agency, including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legally enforceable order; or
- a breakdown of plant, machinery or equipment, telecommunications failure or shortages of labour, transportation, fuel, power or plant, machinery, equipment or material (including short supply from the regular source or regular supplier to jDynamic),
to the extent that the act, event or cause directly or indirectly results in a party (Affected Party) being prevented from or delayed in performing one or more of its obligations (Affected Obligations) and that act, event or cause is beyond the reasonable control of the Affected Party.
Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental or judicial body, entity, department or authority and includes any self-regulatory organisation established under statute.
Intervening Event means an event beyond jDynamic’s direct control which interferes with or prevents jDynamic from providing the Services to you including:
- any emergency; or
- incidents, outages, interruptions or service faults which occur in relation to the Services which are caused by electrical power supply or power outage, telecommunications services interruption or outage, your own software applications, your own hardware, your own content, scheduled downtime or any failure by the you to comply with requirements of instructions or other documentation we provide.
Liability means any liability, including a cost (including legal costs), expense (including outgoings and expert fees), loss, damage (liquidated or unliquidated), debt due, interest, fee, penalty, fine or other amount (including Consequential Loss) whether direct, indirect, consequential, present, future, fixed, unascertained, actual or contingent, howsoever arising, including:
- in connection with a claim, action, complaint, suit, demand, proceedings, notice, arbitration, litigation, investigation, judgment, award, order or determination; or
- whether based in contract (including under any indemnity), in tort (including negligence), in equity, under the provisions of any law or otherwise.
Services means any product license, packages such as internet or email hosting, domain registration, search engine optimisation, google adwords services, email and social media marketing, web design, development or functionality, or any additional internet or IT related services offered by jDynamic.