Effective Date [1 Jan 2024]
Welcome to Code The Kiwi! These Terms of Service (“Terms”) govern your use of our website (https://codethekiwi.be/) and all services offered by Code The Kiwi (“we,” “us,” or “our”). By accessing or using our website and services, you agree to these Terms. If you do not agree, please do not use our website or services.
Services
We offer a range of software development services, including, but not limited to:
Web application development
Mobile application development
AI solutions
API solutions
We reserve the right to modify or discontinue our services.
Use of Services
You agree to use our services solely for lawful purposes and to comply with these terms. You are not allowed to:
Misuse, overload, or disrupt our website or services.
Conduct reverse scraping of data, perform automated access, or carry out other unauthorised activities.
Illegally use access tokens, API keys, or login credentials.
Infringe on the intellectual property rights of Code The Kiwi or third parties.
We reserve the right to suspend or terminate access to our services for violations of these rules.
Responsibilities
When you enter into an agreement with Code The Kiwi, you agree to:
Provide accurate and complete information necessary for us to perform our services.
Offer timely feedback on delivered outputs to prevent delays.
Communicate any additional revisions or changes promptly.
Adhere to the agreed deadlines and payment obligations.
Failure to fulfil your responsibilities within the agreed timeframe may lead to additional costs or delays.
Payment Terms
Payment terms are specified in the quote or agreement.
All payments must be made as indicated on the invoice.
If a payment is not made on time, we reserve the right to:
Suspend services until payment is received.
Charge interest of 1% per month on overdue payments.
Forward the claim to a debt collection agency, with additional costs being borne by the customer.
Refunds are assessed on a case-by-case basis in accordance with the contract terms.
Intellectual Property
Code The Kiwi reserves the right to use anonymised samples of completed projects for marketing purposes, unless otherwise agreed.
The ownership of the completed software remains with Code The Kiwi, unless explicitly transferred in writing.
Upon full payment, the client receives a non-exclusive, non-transferable licence to use the developed software. The source code and underlying technology remain the sole property of Code The Kiwi and are not provided to the client.
The client is not permitted to resell, distribute, or modify the software without prior written consent.
Termination of the Agreement
If the client terminates the agreement early, the completed work and incurred costs will be invoiced.
If Code The Kiwi decides to terminate the agreement, the client will receive the completed components up to that point, provided all payments are up-to-date.
Limitations of Liability
Code The Kiwi cannot be held liable for indirect, incidental, special, or consequential damages, including but not limited to:
Loss of data, revenue, or profit
Costs of substitute services
Errors or discrepancies post-delivery
While we make every effort to deliver flawless software, we cannot guarantee it will be entirely bug-free. The customer is responsible for testing functionalities before they go live.
The total liability of Code The Kiwi is limited to the amount paid by the customer for the services in question.
Privacy and Data Processing
Code The Kiwi processes customer data in compliance with GDPR regulations.
The customer is fully responsible for adhering to privacy laws while using our services.
Refer to our Privacy Policy for more information on how we handle personal data.
Third-Party Tools
We can integrate third-party tools or APIs into projects.
The client agrees to comply with the terms of use of these third parties.
Code The Kiwi is not responsible for any issues or changes to these third-party tools.
Changes in Terms and Pricing
We reserve the right to change our services or prices.
In the event of a change in prices or services, we will inform customers in a timely manner.
Current contracts remain valid under the agreed terms.
Applicable Law
These Terms and Conditions are governed by Belgian law.
Disputes will be submitted to the competent courts in Belgium.
Get in Touch
If you have any questions or comments regarding these Terms, please contact us at: hello@codethekiwi.be
