The Site is a copyrighted work belonging to Coding Ninjas, Inc. a Delaware Corporation (“Coding Ninjas,” “us,” ”CN,” and “we”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on any Service or the Site in connection with such features.
Once any Site user, including you, request for any Services on the Site, such Site user is considered to be a Client of CN.
Please note that the Site is an online service that offers to maintain and support the website owners or agents that provide development services to their customers and in this relation the Site acts as marketplace of the verified and proved-worth and reliable software developers and other software specialists acting individually or on a legal entity’s behalf (“Freelancers”). Under the present terms, Services include but are not limited to, any service and/or content Coding Ninjas makes available to or performs for you through the Site including those services, actually rendered by Freelancers, attracted through the Site to such services rendering, according to your task or request, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Coding Ninjas. Coding Ninjas reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any content at any time at its sole discretion and without prior notice.
You are using the Services or Site, including in the status of the Client on the Site, at your own discretion and your own risk assuming all responsibility with respect to your use of the Services and Site.
In connection with your access and use of the Services and Site you shall not and agree not to:
(i) violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization;
(ii) provide false, inaccurate or misleading information to the CN or through the Site;
(iii) take or attempt to take any action or claim ownership of any property that infringes or would infringe on (a) the CN’s intellectual property interest in and to the Site and Services, or (b) any third party’s copyright, patent, trademark, or intellectual property rights;
(iv) distribute unsolicited or unauthorized advertising, promotional or marketing material or any junk mail, spam, or chain letters;
(v) reverse engineer or disassemble any aspect of the Services or Site for any purpose, including but not limited to, in an effort to access any source code, underlying ideas, and concepts, and algorithms – unless such reverse engineering or disassembling is strictly allowed by your Services plan chosen or by a master services agreement you are a party to;
(vi) take any action that imposes an unreasonable or disproportionately large burden or load on the CN’s infrastructure (including, but not limited to, servers, networks, data centers and related or like equipment), or detrimentally interferes with, intercepts, or expropriates any system, data, or information of CN;
(vii) attempt to gain unauthorized access to the Services, systems of CN, computer systems or networks connected to the Site or Services, including through password mining or any other means; or
(viii) use any prohibited or deleterious software, including viruses or fishing programs, using the Services or browsing the Site.
Please note that while requesting the Services (usually – by task issuing / setting) you have to complete some fields of the request form. Some of them are mandatory for the fulfillment by appropriate Freelancer, who accepted the Services providing, while others are for information purposes only (such as deadline), meaning that in case CN takes your request in processing it does not mean appropriate Freelancer will accept such request provision ( e.g. deadline) and further perform the Services accordingly. Appropriate fields will be indicated accordingly.
You have 5 (five) calendar days to claim the result of any Services rendered to you – from the moment you received the relevant Services results. Should there be no complaints or reclamations from your side regarding the results of the Services rendered within such 5-days period, appropriate Services are considered completely rendered and accepted without reservations and in full scope – no claims may be accepted.
By requesting the Services providing (usually – by task setting) you agree to the general approach, implemented on the Site is that a Freelancer after the Services are provided provides a Client (who have requested the Services providing) with all the records related to the tasks completion as well as promptly discloses to the Client all the tasks completion results discovered or developed within the tasks completion and irrevocably assigns to Client all the right, title and interest in and to any and all such tasks completion results and all associated records. To the extent any of the rights, title and interest cannot be assigned Freelancer will grant to Customer an exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensees) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to make, use, sell, offer for sale, import, have made, and have sold, the tasks completion results.
Any notifications, messages interchange, meetings and other interrelations between Freelancer performing a task and Site user who have set a task are performed via Site only, unless it is agreed in advance otherwise in writing with CN.
It is CN only (usually through sending e-mail notifications) who grants, limits and tolls access to any task (or information thereon) you set for any Freelancer. After the task is accepted by a Freelancer(s) necessary for the task completing all other Freelancers are denied to have such access until their Services are needed within this task.
Ownership of Services results and intellectual property
Upon a CN’s receipt of full payment from a Сlient through the Site for the respective Services, the Services results developed or upgraded under such Client’s task completed, including without limitation all intellectual property rights in such Services results, will be the sole and exclusive property of the Сlient, and Сlient will be deemed to be the author thereof. If Freelancer has any intellectual property rights to the Services results that are not owned by Client upon Freelancer’s receipt of payment from Сlient, Freelancer hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Services results. Except as set forth above, Freelancer retains no rights to use, and will not either challenge the validity of Client’s ownership in, such Services results nor insite any third party to challenge. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure, and withdrawal or inalienable rights under applicable law in and to the Services results. If payment is made only for partial delivery of the Services results, the assignment described herein applies only to the portion of the Services results delivered and paid.
In case CN receives access to any of your information, we will treat such information as confidential, but we will not in any manner limit you in any use or disclosure of such information. Such information will be kept confidential by CN as well as any representatives/affiliates of CN and will not at the same time be disclosed to any other person. CN shall use the same care and discretion to avoid disclosure, publication or dissemination as it uses with its own similar information that it does not wish to disclose, publish or disseminate, in order to safeguard such information from unauthorized disclosure.
You, acting as the Site user, bear the same responsibility in relation to any information you receive from or about any other Site user in the course of your interrelations with such other user. However, in order to protect your confidential information we encourage you to conclude separate non-disclosure agreement with the person having accepted your Services request (by accepting the task you issued).
CN for the purpose of the disputes preventing between the Site users and for maintenance of proper Services rendering has unlimited access to any messages list or notifications in any task, issued on the Site. However CN bears no responsibility for any information disclosure, made by any Site user, including you.
In case of any interrelations between Site users and/or between Freelancer and Client through our Services, any sensitive or confidential information is transferred between them directly, so that CN does not possess such sensitive or confidential information. However, we encourage you to sign a non-disclosure agreement for such interrelations and for that purpose the blank document is proposed for use at your choice, provided that CN is not a party to such document and does not insist on its signing or strict obeyance. Should you or any other Site user decide to share any information with CN, we will treat such information as confidential with no additional documents signing. Pay attention that in this case, you share information of yours on such interrelations, and CN will in the same moment receive access to the information of another party of your interrelations and such access will be on your own responsibility.
In general CN acting as an administrator for all the Services providing and tasks completion is not involved in the process of interchange of any information containing commercial or trade secret between Freelancer performing the task and the Client having set such task, except for the payment information and data directly described in the task set – and therefore bears no confidentiality obligations in relation to such information. However in case of solving a dispute between any Site Clients, CN receives from the latter all the information necessary for such dispute solving and is obliged to keep confidentiality of such information.
The fact you are using the Site and / or Services is not confidential and CN is entitled to indicate you as the Site and Services user as well as use your logo, trademark, reviews and case study (directly connected to the Site and Services use) in its marketing and promotional materials, produced while you are a Site user with no limits in time and territory and additional obligations to ask for any additional consent. For clarification, we shall not use your logo, trademark, reviews and case study for any other purpose except promotion of CN, Site and / or Services and will not include in our marketing and promotional materials, produced after you ceased to be a Site user. Of course, in case you, using the Site and / or Services act on behalf of any legal entity or business this paragraph is also related to logo, trademark, reviews and case study of such legal entity.
In case of any dispute between Clients and/or between Client and Freelancer having performed appropriate work under the Client request (a task set by such Client) given in the framework of the Services using, such persons may pass a dispute to the CN with all information applicable to the case. CN will reasonably moderate and solve the dispute between the parties involved, at its own discretion, on the basis of granted information and materials within reasonably shortest period but no less than 14 calendar days.
In case you apply to CN for a refund for the Services or activities you have already paid for, you can do it by sending us an application in any format to the e-mail address firstname.lastname@example.org with all the reasons you deem necessary and sufficient for your application to be approved as well as supporting documents and materials. As always, we will treat such information as confidential.
In response to the application received CN at its own discretion may either (a) approve the application and make you a refund wholly or partially, OR (b) reject the application and decide the services paid were duly delivered with further money transfer to its addressee being the paid services provider; OR (c) approve the application and make you a refund wholly or partially and in the same time to make money transfer to the paid Freelancer (the services provider) at CN’s own expense.
CN will reasonably examine the issue on the principles of justness, legality, and equity, within reasonably shortest period but no less than 14 calendar days, and approve or reject your refund application by granting you a written answer to the e-mail address from which an application was sent. Please note that sometimes the Services you paid for are not delivered or properly delivered because of your fault, negligence, mistake or delay.
The reasons for the decision taken will definitely be included in such an answer. By sending us such a refund application you agree and consent that CN’s decision on the approval or rejection of the application will be final and incontestable, hence you waive your further right to file an action to any court or arbitrage on the issue. Please note, that CN’s decision on the approval of the refund application is the only possible purpose for the refund to take place in your favour.
You may not use as a username the name of another person or entity, or that is not lawfully available for use a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to notify CN of any security breach of your Account immediately. CN shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the CN hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
However You are entitled to add additional sub-users to your Account (with their separate e-mails used for registration and authentication purposes) for accessing your personal Account on the Site and we suppose that in this case, new persons receive possibility to access your personal Account (as well as view, manage, open and close task tickets on behalf of yours on the Site with or without the billing right, as you may choose while adding sub-users). Please note, that you are fully responsible for any activities made by such sub-users and/or from such additional e-mails as if those are made by you from your main e-mail indicated in the registration process, and your contact data will be still used for solving issues connected with such sub-users or additional e-mails use on the Site – alongside with such additional e-mails.
You agree that you will pay for the Services and that CN may charge your payment method for any Services requested and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.
To be able to request for the Services (to set a task) you need to have positive balance of funds on your personal Account in the deposit form. To keep it positive, please, credit it from time to time. Payment for the Services requested is performed by writing off of the funds from the balance on your personal Account.
The payment for Services requested is written off from the funds on your personal Account so far as appropriate part of the Services requested is rendered and relevant Freelancer directly performing such Services part charges his or her working hours spent for the Services rendering. Actual price of a Freelancer’s working hour is set by such Freelancer and will be applied to all the working hours spent by such Freelancer for rendering of appropriate Services requested; that means that in case the request for Services is amended or updated such additional Services rendering will be charged additionally by the Freelancer AND that in case you request for other Services, those other Services may be charged differently. The working hours spent by Freelancer are charged by such Freelancer either weekly, or after completion of appropriate part of Services requested, or after fulfillment of the whole Service, requested by you – at such Freelancer’s discretion unless you agreed another applicable charging method during arranging Services request. You agree to always keep your Account balance of deposited funds positive. It is important that in no case we cooperate with you on credit in any form or provide you with any credit hours of any Freelancer.
You agree to receive notifications, including e-mail notifications, about the negative balance and accept that the same notifications are accessible and viewable for Freelancers performing your task(s). Moreover all the messages / notifications written in the task on the Site are duplicated by sending appropriate notification to all the participants of such task (including you and Freelancers rendering Services). Your Account balance is used for all payments for all the tasks you set or contracts with Freelancer you concluded. In case you have more than one task, set by you, or more than one contract, concluded by you, in progress and there is a negative balance on one of those – CN may at its own discretion write the funds off to restore your positive balance.
You agree and recognize that, in case of your negative balance, your access to the Services may be ceased, cancelled or temporarily paused (and appropriate Freelancer will pause or terminate task performing) and some or all your unfinished Services results or content may be lost. In order to secure your Services results or content You are strongly advised to notify us in advance on your negative balance to appear and final exact date of its credit, which – if acceptable for CN – is the last date of your unrestricted Services use with negative balance.
Unless it is strictly described otherwise in the appropriate monthly plan description, all monthly plans for the Services rendering are auto-renewable each month (on the 31st day after its last payment) and an appropriate sum of money is debited from your balance automatically. A monthly plan can be canceled, in case you have no CN debt pending, – by you directly or by CN upon your written request.
Should a payment be made by mistake, you can request a refund in case your Account balance after the refund made is positive.
Your total price will include the price of the Services rendering, their results acquiring but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Prices for the CN Services may change at any time at CN’s sole and exclusive discretion. While providing the Services CN do not provide price protection or refunds in the event of a price reduction or promotional offering.
CN offers no refunds and you have no right to claim any Services results if there were no complaints from your side regarding the results of the Services rendered within 5 (five) calendar days since the moment you received the relevant Services results.
Every Site user is obliged to personally keep the taxes law due to the user’s venue and local assessed taxation.
Due to the Services nature and content as described above the Services are provided from the very moment they are paid.
By using the Service, you agree that you will use only the Site to communicate with assigned Freelancers as well as account and make payments to such assigned Freelancers. You acknowledge and agree that you must use the Site as your exclusive communication method with an assigned Freelancer, unless otherwise agreed and explicitly specified by means of e-mail with CN, and to request, propose and make all payments proposals for any work directly or indirectly with that Freelancer or arising out of your relationship with that Freelancer through the Site exclusively.
You may opt-out of this obligation with respect to each separate Client-Freelancer relationship only if you acting as the Client and pay an Opt-Out Fee to Coding Ninjas, Inc. for each such relationship.
Opt-Out Fee is computed to be equal to 250 working hours according to the rate of the Freelancer of such relationship. Once the Opt-Out Fee for a separate Client-Freelancer relationship is duly received by CN, such communication outside of the Service is considered authorised by CN.
Unauthorized communication outside of the Service with assigned Freelancers is punishable by the penalty for every such instance. The penalty is computed to be equal to 500 working hours’ price according to the rate of that Freelancer and must be paid by respective Client (including you) having made such an unauthorized communication, within 15 calendar days from the date of appropriate written request from CN with an invoice for appropriate sum. If the penalty is not duly paid CN retains the right to make any activity it may deem necessary to make appropriate penalty to be paid, including those breaching some other provisions of these Terms or discovering information that the Client does not make its payments properly and such activities shall be acknowledged as due and lawful by any person, including but not limited to CN and Clients. This paragraph does not apply to the cases mentioned above, when there is written consent on the communication from CN specified by means of e-mail. For clarification purposes, once you have CN consent / authorised for communication outside of the Service with assigned Freelancer, such consent is applicable only to the extent of the task accepted by such Freelancer, and any other communication outside of the Service regarding any other cooperation with such assigned Freelancer or any other Freelancer or any other task performance is not considered as consented.
Services Duration and Unused Hours
By purchasing a Services plan or some hours of Services use, you agree that the Services are pre-paid in this manner and will be provided from the very moment we receive your payment so that you agree to use the quantity of hours, included in appropriate Services paid, within 56 days period. The unused hours included in appropriate Services paid shall automatically become void in 56 calendar days (8 weeks) after the payment was received. Such a limitation is aimed to avoid a surcharge of our technicians and Site operability in order to provide you with the best of its quality and responsiveness.
The Services duration within the Services plan paid is limited to the duration of the appropriate Services plan, should there is any stipulation of such time limit.
However, your unused hours paid may be renewed by CN at its own discretion on the basis of your own written application in case you have positive Account balance. We do not intend to store you money you are not about to use – so in case you are not planning to use the Service, you can notify us before the abovementioned time for automatic refund expires.
At your own written application CN may opt you out from any Services plan or cancel the paid hours of Services use.
In case your Account balance is positive the funds for the unused hours or unused duration of Services plan will be refunded to you less all the transaction fees, provided however that the refund amount shall in no case make your Account balance negative. For the refund to be made you may be requested to grant your payment details and is only responsible for such details truthfulness and relevancy.
For clarification: (a) you shall not be able to opt out and, of course, you will receive no refund for the unused hours or unused duration of Services plan in case your Account balance is negative or becomes negative after such refund, and (b) any refund is made less transaction fee and is not subject to any recalculation or amendment due to any currency exchange rate change.
Notification to guardians
Note, that the Services or Site are not intended for use by minors. So if you are 18 years old or younger OR you are in the age of minor according to the current legislation of the state of your residence OR you are limited in your ability to act – you are prohibited to use the Services or Site without the direct and explicit consent of your parents or legal guardians, which has to be sent to email@example.com .
If your child is using the Site and is under 18 years old or is a of a minor age according to the legislation of the state of your residence, please provide us with an informal e-mail to the following e-mail address: firstname.lastname@example.org , stating that you as the legal guardian of the minor user provide explicit consent for the use of our Services and Site.
In case you do not approve the use of our Services or Site by the minor or incapable user, please contact and inform us immediately so that we can disable his or her access.
In all other cases, we will have the right to block your access to the Services or Site use once we are aware or suspicious you are of a minor age (usually 18 or below) or your child or ward uses our Services or Site without your explicit consent, at our sole discretion and without any obligation to explain the reason additionally.
To the extent permitted by applicable law, you shall indemnify, defend, and hold harmless CN and its subsidiaries, affiliates, directors, officers, employees, agents, successors and assignees from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) asserted or incurred by any third party against CN in relation or in consequence of your use of the Services or Site.
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. If you have questions concerning the Service’s nature, Site use or you request support, please e-mail email@example.com or initiate a chat with CN on the Site.
CN provides support 2 a.m. – 6 p.m. EDT Monday to Friday and 4 a.m. – 1 p.m. EDT Saturday to Sunday but offers no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Copyright © 2015, Coding Ninjas, Inc. All rights reserved. All trademarks, logos and service marks (jointly – “Marks”) displayed on the Site are our property or the property of third parties, who have licensed us to use their Marks lawfully. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Last updated: 2019-11-18