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 any services provided 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 provide 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 change or discontinue our services.
Use of Services
You agree to use our services only for lawful purposes and to abide by these Terms. You are not permitted to:
Misuse, overload or disrupt the website or services.
Conduct reverse engineering, scraping, automated access or other unauthorized activities.
Unlawfully use access tokens, API keys or login credentials.
Infringe on 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.
Responsibilites
When you enter 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 avo
Communicate any additional revisions or changes in a timely manner.
To adhere to agreed deadlines and payment obligations.
Failure to provide feedback within the agreed timeframe may result in additional costs or delays.
Payment Terms
Payment terms will be specified in the quotation 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 additional costs to be borne by the customer.
Refunds will be 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 a non-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 customer.
The customer may not resell, distribute or modify the software without prior written consent.
Termination of Agreement
If the customer terminates the agreement early, work already completed and costs incurred will be invoiced.
If Code The Kiwi decides to terminate the agreement, the customer will receive the parts completed up to that point, provided all payments are up to date.
Limitation of Liability
Code The Kiwi shall not be liable for indirect, incidental, special or consequential damages, including but not limited to:
Loss of data, revenue or profit
Cost of replacement services
Bugs or errors after delivery
While we make every effort to deliver error-free software, we cannot guarantee that it will be completely free of bugs. The customer is responsible for testing functionalities before going live.
Code The Kiwi's total liability is limited to the amount paid by the customer for the services in question.
Privacy & Data Processing
Code The Kiwi processes customer data in accordance with GDPR legislation.
Customer is solely responsible for compliance with privacy laws when using our services.
Please refer to our Privacy Statement for more information on how we handle personal data.
Third-Party Tools
We may integrate third parties, tools or APIs into projects.
Customer agrees to abide by the terms of use of these third parties.
Code The Kiwi is not liable for any problems 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 customers in a timely manner.
Current contracts remain valid under the agreed terms and conditions.
Governing Law
These Terms and Conditions are governed by Belgian law.
Disputes will be submitted to the competent courts in Belgium.
Contact
If you have any questions or concerns about these Terms, please contact us at: hello@codethekiwi.be
