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Code The Kiwi

Terms of Service

Laatst bijgewerkt: January 1, 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.

Company Information

Code The Kiwi
VAT Number: BE1013800151
Berlaarbaan 195, 2860 Sint-Katelijne-Waver, Belgium

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 only for lawful purposes and to comply with these terms. You are not permitted to:

  • Misuse, overload, or disrupt our website or services.
  • Scrape data, perform automated access, or engage in other unauthorized activities.
  • Unlawfully 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 entering into an agreement with Code The Kiwi, you agree to:

  • Provide accurate and complete information necessary to perform our services.
  • Provide timely feedback on delivered deliverables to prevent delays.
  • Communicate any additional revisions or changes in a timely manner.
  • Comply with agreed deadlines and payment obligations.

Failure to meet your responsibilities within the agreed timeframe may result in 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.
  • Transfer the claim to a collection agency, with the additional costs being borne by the client.

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 anonymized samples of completed projects for marketing purposes, unless otherwise agreed.
  • Ownership of the completed software remains with Code The Kiwi, unless explicitly transferred in writing.
  • Upon full payment, the client receives an exclusive, non-transferable license 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 may not resell, distribute, or modify the software without prior written permission.

Termination of Agreement

  • If the client terminates the agreement early, the work already completed and costs incurred will be invoiced.
  • If Code The Kiwi decides to terminate the agreement, the client will receive the components completed 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 replacement services
  • Errors or deviations after delivery

While we do our best to deliver error-free software, we cannot guarantee that it will be completely bug-free. The client is responsible for testing functionalities before they go live.

The total liability of Code The Kiwi is limited to the amount paid by the client for the relevant services.

Privacy and Data Processing

  • Code The Kiwi processes client data in accordance with GDPR legislation.
  • The client is fully responsible for compliance with privacy laws when using our services.

Please refer to our Privacy Policy for more information on how we handle personal data.

Third-Party Tools

  • We may integrate third parties, tools, or APIs into projects.
  • The client agrees to comply with the terms of use of these third parties.
  • Code The Kiwi is not liable for any issues or changes to these third-party tools.

Changes to Terms and Prices

  • We reserve the right to modify our services or prices.
  • If there is a change in prices or services, we will inform clients in a timely manner.
  • Current contracts remain valid under the agreed terms.

Applicable Law

  • These Terms of Service are governed by Belgian law.
  • Disputes will be submitted to the competent courts in Belgium.

Contact

If you have any questions or comments about these Terms, please contact us at:

Code The Kiwi BV
Email: [email protected]
Phone: +32 3 80 80 208