Terms of Use

The following document outlines the terms of use of the Coding Ninjas, Inc. website. Before using any of the Coding Ninjas, Inc. services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.

The website located at http://codingninjas.co (the “Site”) is a copyrighted work belonging to Coding Ninjas, Inc. a Delaware Corporation (“CodingNinjas,” “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 the Service or Site in connection with such features.

These terms of use set forth the legally binding terms for your use of the Site and Services. By registering for Services, you are accepting these Terms of Use and our Privacy Policy (located at https://codingninjas.co/privacy-policy/ ) and all conditions of these documents, and you represent and warrant that you have the right, authority, and capacity for such acceptance, constituting from the moment of registering legally binding agreement between you and CN on the terms. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms of Use, you cannot use the Services.

We reserve the right to change these Terms of Use at any time, and you agree (by your continued use of our Site) to be bound by any such changes. If you do not agree to these Terms of Use, please do not use, access or browse the Site. Please check periodically the following web address https://codingninjas.co/terms to review such changes in the Terms of Use.

Service

The Site is an online service that offers to maintain and support the website owners or agents that provide development services to their customers. Services include but are not limited to, any service and/or content Coding Ninjas makes available to or performs for you, 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.

Services are granted “as is” and on “as available” basis. That means you are given no guarantee of Services or Site use, functionality, correctness, and meeting of your plans and goals of their use unless it is strictly written otherwise in these Terms of Use. And in this relation, we do not represent or warrant that Services or information, software, contained therein comply with all applicable laws. Note that quality assurance is not included in the general Service description so that normally it should be requested, quoted and paid separately.

You are using the Services or 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;

(iii) take or attempt to take any action or claim ownership of any property that infringes or would infringe on (a) the Company’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 you Services plan chosen;

(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 the 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.

We remain in our right to deny your use of Site or Services in case you breach any of your obligations under these Terms of Use or restrictions, prescribed herein.

Confidentiality

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, to safeguard such information from unauthorized disclosure

In case of any interrelations between Site users and/or between developer and customer 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. Should you or any Site user decide to share any information with CN, we will treat such information as confidential. 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.

Disputes settlement

In case of any dispute between Site users and/or between developer and customer, 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 support@codingninjas.co 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 application 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 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.

Registration

To use the Services, you are required to open an account within CN, select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your CN account.

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.

CN reserves the right to limit or revoke your access to this Site or access or the sub-users, added by you, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.

Payment

You agree that you will pay for the Services and that CN may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.

You agree always to keep your balance positive. You agree to receive e-mail notifications about the negative balance. You agree and recognize that, in case of your  negative balance, your access to the Services may be automatically ceased and some or all your unfinished Services results or content 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 only by you directly.

Should a payment be made by mistake, you can request a refund in case your balance after the refund made is positive.

Your total price will include the price of the product 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 Services may change at any time at CN’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

CN offers no refunds if there were no complaints regarding the work provided and if five days passed after the time was charged.

Every user is obliged to 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 would use only the Site to communicate with 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, make, and receive all payments for work directly or indirectly with that freelancer or arising out of your relationship with that freelancer.

You may opt-out of this obligation with respect to each Client-Freelancer relationship only if Client or prospective Client or Freelancer pays Coding Ninjas, Inc for each such relationship.

Opt-Out Fee computed to be 250 hours according to the rate of that freelancer.

Unauthorized communication outside of the Service with assigned freelancers is punishable by the penalty for every such instance. The penalty is computed to be 500 hours according to the rate of that freelancer. 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.

Services Duration and Unused Hours

By purchasing a Services plan or some hours, 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 90 days period. The unused hours included in appropriate Services paid shall automatically become void in 90 calendar days 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 plan paid is limited to the duration of the appropriate Services plan, should there is any stipulation of such time limit.

Notification to guardians

Note, that the Service or Site are not intended for use by minors. So if you are 18 years old or younger – you are prohibited to use the Service or Site without the direct and explicit consent of your parents or legal guardians, which has to be sent to support@codingninjas.co.

If you are a parent or guardian, by granting your child permission to use the Services or Site, you agree to the terms of these Terms of Use and Privacy Policy (located at https://codingninjas.co/privacy-policy/ ) on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Services or Site. Moreover, you are responsible and liable for your child’s online activities thereon.

If your child is using the Platform and is under 18 years old, please provide us with an informal e-mail to the following e-mail address: support@codingninjas.co, 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 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 you are 18 or below or your child uses our Services or Site without your explicit consent, at our sole discretion and without any obligation to explain the reason additionally.

Indemnification

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

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 support@codingninjas.co or initiate a chat 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/Trademark Information

Copyright © 2015, Coding Ninjas, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. 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: 2018-15-09