Coding creed Terms and Conditions

The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to all services provided by Coding creed (“Coding creed,” “Coding Creed Ltd,” “we,” “us,” or “our”) to you. Coding Creed Ltd is registered in England & Wales no: 09845148 and is registered at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ. By purchasing services from us you agree to these TOS.  

License to use website

Unless otherwise stated, Coding creed and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages (or other content) from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions

You must not  

Republish material from this website (including republication on another website) Sell, rent or sub-license material from the website Show any material from the website in public Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose Edit or otherwise modify any material on the website or Redistribute material from this website (except for content specifically and expressly made available for redistribution)  

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.  

Acceptable use  

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.  

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.  

You must not use this website for any purposes related to marketing without our express written consent.  

No warranties  

This website is provided “as is” without any representations or warranties, express or implied. Coding creed makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, Coding creed does not warrant that:  

This website will be constantly available, or available at all; or The information on this website is complete, true, accurate or non-misleading.  

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  

Limitations of liability  

Coding creed will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:  

To the extent that the website is provided free-of-charge, for any direct loss;
For any indirect, special or consequential loss; or
For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.  

These limitations of liability apply even if Coding creed has been expressly advised of the potential loss.  

Exceptions  

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Coding creed liability in respect of any:  

Death or personal injury caused by Coding creed negligence;
Fraud or fraudulent misrepresentation on the part of Coding creed; or
Matter which it would be illegal or unlawful for Coding creed to exclude or limit, or to attempt or purport to exclude or limit, its liability.  

Reasonableness  

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.  

External links

We may link to external sources and websites. Coding creed cannot guarantee that 100% of these websites are safe and may cause harm to your device/machine. As part of using our website you agree that you visit such links at your own free will and accept the risks.  

Third party content

We may from time to time reference content/imagery from third parties for editorial purposes. These images and content are copyright of their respective owners and laws apply where applicable. To the best of our ability we give credit where due and provide links to the relevant sources.  

Other parties  

You accept that, as a limited liability entity, Coding creed has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Coding creed officers or employees in respect of any losses you suffer in connection with the website.  

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Coding creed officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Coding creed.  

Unenforceable provisions  

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.  

Indemnity  

You hereby indemnify Coding creed and undertake to keep Coding creed indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Coding creed to a third party in settlement of a claim or dispute on the advice of Coding creed legal advisers) incurred or suffered by Coding creed arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.  

Breaches of these terms and conditions  

Without prejudice to Coding creed other rights under these terms and conditions, if you breach these terms and conditions in any way, Coding creed may take such action as Coding creed deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.  

Variation  

Coding creed may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.  

Assignment  

Coding creed may transfer, sub-contract or otherwise deal with Coding creed rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.  

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

Severability  

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.  

Entire agreement  

These terms and conditions constitute the entire agreement between you and Coding creed in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.  

Law and jurisdiction  

These terms and conditions will be governed by and construed in accordance with UK governing law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of UK jurisdiction.  

Our terms to you

You agree and accept the following terms and conditions when you make a payment/deposit to Coding creed. Please ensure you have read the following in its entirety and if you have any questions please contact us.

- Website
- Application
- Software
- IOS Application
- Android Application

Hereinafter referred to as the “Development”

 

Initial engagement

1. All materials shared between you and Coding creed are held in the strictest confidence. We do not share any materials outside of the parties involved unless written permission is given. We operate under strict rules of client confidentiality and will always ensure we protect you and your information to the highest degree.

2. The costs provided when quoting are guide prices based upon what we anticipate the works to be based on our previous experience and typical processes involved. We reserve the right to cancel any quotation, both written and verbal, at anytime.

3. Written quotations expire after 30 days, but can be cancelled at any time at our discretion.

4. We do not charge for phone, email or in-person meetings unless agreed in writing prior to the engagement taking place. Engagements are only charged in a consultative capacity.

5. On acceptance of the quotation and receipt of the deposit, work will typically begin within 1-5 working days.

Design

1. In the preliminary stages, we allow up to 3 design concepts included in our costs. Typically we achieve the right design concept first time. In the unlikely event we have to produce more than 3 you agree that there may be additional costs involved.

2. On written approval of the concept, up to 10 revisions to the design are included. Should any further amendments be required you agree that additional costs may be involved.

3. We may use collaborative communication tools such as Slack, Dropbox and Invision amongst others, to share and review design work with you. You agree that if you use these tools, you do so at your own risk and indemnify Coding creed of any legal action.

4. Until payment is received in full, all designs, artwork and rights to design and artwork remain the intellectual property of Coding creed. Full copyright and ownership of all ‘commissioned’ work will remain with Coding creed until full payment has been received, at which point Coding creed will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts and options developed throughout the process).

Development

1. When we have been given written approval for the design work, you can usually expect development works to begin within 1-5 working days and completion within the agreed timeframe. You agree that the timeframe may change subject to circumstance. You also agree that any changes to the development that differ to the original design may incur additional costs.

2. When we have carried out the development, we also carry out quality assurance against our own work to ensure it achieves the correct standard. When approved, we will share the work with you to review before passing on to the user acceptance testing phase (UAT).

   2.1. As part of the preliminary stages for application development, we would also have a high-level overview and associated documents to reference to ensure we are meeting and exceeding the build expectations.

3. On approval of our own quality assurance, we will invite you to test and review the build. We set up the development on a staging environment on our servers where if needed, we can make any amendments. You agree that if the functionality you require differs from the original contract and the agreed documents that additional costs may be incurred.

4. When you have given written approval of the development, we ask for the remaining balance to be paid. When the payment has been received, we agree to launch the project and transfer full ownership rights which excludes open source or software integrated from third parties whereby their own copyrights apply. If you would like the development deployed to your own hosting environment, you agree that additional costs may apply. You also agree that if you would like us to prepare a backup of the development additional costs may apply.

5. From the agreed date of launch, we give a grace period of 2 weeks to allow for the platform to be fully operational and tested by general users. If any changes are required outside of the grace period, you agree that additional costs may be incurred.

6. The performance, security and design quality is always our highest priority. All of our developments are built with mobile responsiveness and cross browser compatibility in mind. Our developments go through rigorous performance testing to ensure they meet, and in most cases, exceed benchmark tests. You agree that after the 2 weeks grace period, additional costs may apply if you require us to improve or manage the performance, security or responsiveness of the development.

Support, Maintenance and Hosting

Coding creed offer to support and maintain the development. You are under no obligation to accept our support and maintenance services. Under the support and maintenance agreement, you can expect us to perform the following:

   1.1. General changes. These include amendments to the development including changes to content, imagery, graphics, branding etc., which fall under the front-end.

   1.2. Data entry and management. This includes entering data into the development, managing users requests, system changes and general day-to-day operations.

   1.3. Updates. As time progresses, the development may need to be updated to ensure compatibility. Coding creed supports the maintenance of developments, but you agree that depending on where the application is deployed, and the type of update required to be made that additional costs may be incurred.

   1.4. Security. Coding creed can monitor the development, including system logs and malicious activity and act accordingly. You agree that unless the development has security reporting tools in place, additional cost may be incurred.

   1.5. Performance. Coding creed can assist with the developments performance, including performance at the server level.

2. Coding creed's hours of operations are between 9am-5pm Monday-Friday, and all management services fall between these hours unless a written agreement is in place.

3. Coding creed have the right to refuse management services at anytime.

4. Coding creed typically responds to requests within 24 hours; however, this could be up to 120 hours.

5. Hosting. We host the development via trusted companies such as Amazon web services, Siteground and Godaddy, amongst many others. We agree and accept their terms and conditions and expect you as a client to honour those as part of this agreement. If you are found to have violated such agreements, you agree to waive your hosting service with us, and we can terminate your service with immediate effect. You agree that for Coding creed to transfer your development into your own hosting environment additional costs may be incurred.

   5.1. SLA. Our hosting providers typically operate with a 99.9% uptime, and we base our agreement upon this. If the hosting provider's uptime changes, we will endeavour to keep you updated and look for the best possible solution. You agree that in the unlikely event you opt to change hosting provider, there may be additional costs involved.

   5.2. Deployment of development to your own hosting environment. Unless agreed in writing at the start of the development, you agree that if you would like us to transfer your development to your own hosting environment, additional costs may be involved.

   5.3. Backups. You agree that if you would like us to make a backup of the development, additional costs may be incurred.

   5.4. Third party issues or force majeure (act of God). In the highly unlikely that a third-party's server becomes malfunctional, and the development cannot be recovered, you indemnify Coding creed of any loss of earnings. You agree that if you provide us with a backup of the development that additional costs may be involved to implement the backup. Coding creed operates excellent business practices and in most cases keep a local copy of the development, however, this should not be relied upon in the circumstance of an act of god.

   5.5. Service termination. Coding creed always gives plenty of time for renewal notices and we would typically notify you of an upcoming renewal 45 days in advance. If you have an unpaid invoice 30 days past your renewal date, you waive your rights to all your services with us, including hosting. We will endeavour to contact you, but if we still have had no reply after the 30 days, we will be left with no option but to terminate/permanently delete/remove the development from our server(s).

Marketing

1. Pay-per-click services (PPC). Coding creed offer PPC services to our clients to support marketing efforts. We endeavour to keep all campaigns under management achieving great scores across all metrics and achieving a stable ROI. As your campaign managers, we ask for 15% of advertising spend as our management fee. You are able to pause your campaign at any time, but agree that our management fee stands for the duration of the month. As with any marketing product, Coding creed cannot guarantee its success in the market place, but we will try to make it a success to the best of our ability.

   1.1. Campaign setup. Depending on the agreement and existing relationship, you agree that to setup your campaign with us may incur costs. This is to help cover the costs of planning and deployment of the campaign.

   1.2. Cancellation notice. We ask all clients to gives us 48 hours to cancel or pause your campaign. In the unlikely event we cannot cancel or pause your campaign within 48 hours, you agree that we could take up to 120 hours to do so.

   1.3. Length of campaign. Although you can cancel your campaign at anytime, we suggest running a campaign for a minimum of 3 months to collect enough data to accurately assess whether the campaign has grounds for long term success. Marketing can be cyclical, seasonal and have peaks and troughs.

   1.4. Campaign budget. Prior to any campaign launch, we will need written confirmation from you with your budget forecasts. This allows us to accurately plan the campaign and how it’s operated. You agree that the funds you commit are within your risk tolerance, and you understand that your capital is at risk.

   1.5. Advice and consultation. Although we have years of experience in marketing, you understand all decisions are made under your own free will and agree you fully understand the product you are purchasing.

   1.6. Payment. Coding creed would never ask for your budget to be paid into our account. We would act as your account manager and grant you access to setup your billing details directly. We would invoice you separately for our management fee.

2. Search engine optimisation (SEO). Coding creed offer SEO services to our clients to support marketing efforts. You agree that SEO can incur different costs depending on the level of SEO needed. Prior to any commitment, we will have outlined the costs involved in writing with you. You are free to cancel SEO at anytime, but you agree that we require a minimum of 1 month's payment in advance.

   2.1. Campaign setup. Depending on the agreement and existing relationship, you agree that to setup your campaign with us may incur costs. This is to help cover the costs of planning and deployment of the campaign.

   2.2. Cancellation notice. We ask all clients to gives us 48 hours to cancel or pause your campaign. In the unlikely event we cannot cancel or pause your campaign within 48 hours, you agree that we could take up to 120 hours to do so.

   2.3. Length of campaign. Although you can cancel your campaign at anytime, we suggest running a campaign for a minimum of 3 months to collect enough data to accurately assess whether the campaign has grounds for long term success. Marketing can be cyclical, seasonal and have peaks and troughs for sales.

   2.4. Campaign budget. Prior to any campaign launch, we will need written confirmation from you with your budget forecasts. This allows us to accurately plan the campaign and how it’s operated. You agree that the funds you commit are within your risk tolerance, and you understand that your capital is at risk.

   2.5. Advice and consultation. Although we have years of experience in marketing, you understand all decisions are made under your own free will and agree you fully understand the product you are purchasing.

   2.6. Blog writing. Coding creed will, to the best of ability, ensure all blog posts including copywriting and imagery, is copyright free, and free of plagiarism. Coding creed fully respect copyright laws. Coding creed will also, to the best of our ability, ensure that all posts are error free and grammatically correct. We will send a proof of the post to you and ask for written permission to publish. If it then comes to light that the post contains errors, you agree that you have sole responsibility for the post.

   2.7. On-page optimisation. Coding creed carry out on-page optimisation for our clients. You agree that this may be an additional cost if it has not already been agreed in writing.

3. Social media management (SMM). Coding creed offer SMM services to our clients to support marketing efforts. You agree that SMM may incur additional costs depending on the level of social media management needed. If not agreed in writing, you also agree that there will be additional costs to secure social media channels and setup the profile correctly. You are free to cancel SMM at anytime, but agree that we require a minimum of 1 month's payment.

   3.1. Campaign setup. Depending on the agreement and existing relationship, you agree that to set up your campaign with us may incur costs. This is to help cover the costs of planning and deployment of the campaign.

   3.2. Cancellation notice. We ask all clients to gives us 48 hours to cancel or pause your campaign. In the unlikely event we cannot cancel or pause your campaign within 48 hours you agree that we could take up to 120 hours to do so.

   3.3. Length of campaign. Although you can cancel your campaign at anytime, we suggest running a campaign for a minimum of 3 months to collect enough data to accurately assess whether the campaign has grounds for long term success. Marketing can be cyclical, seasonal and have peaks and troughs for sales.

   3.4. Campaign budget. Prior to any campaign launch, we will need written confirmation from you with your budget forecasts. This allows us to accurately plan the campaign and how it’s operated. You agree that the funds you commit are within your risk tolerance, and you understand that your capital is at risk.

   3.5. Advice and consultation. Although we have years of experience in marketing, you understand all decisions are made under your own free will and agree you fully understand the product you are purchasing.

   3.6. Social posting. Coding creed will to the best of ability ensure all blog posts including copywriting and imagery is copyright free, and free of plagiarism. Coding creed fully respects copyright laws. Coding creed also to the best of our ability ensure that all posts are error free and grammatically correct. We will send a proof of the post to you and ask for written permission to publish. If it then comes to light that the post contains errors, you agree that you have sole responsibility for the post.

4. Email marketing. Coding creed offer email marketing services to our clients to support marketing efforts. You agree that email marketing may incur additional costs depending on the level of work required for the campaign. We operate email marketing campaigns on a per-email basis, and you are free to cancel at anytime. You agree there may be additional costs involved to setup your account with a third party provider.

   4.1. Campaign setup. Depending on the agreement and existing relationship, you agree that to setup your campaign with us may incur costs. This is to help cover the costs of planning and deployment of the campaign.

   4.2. Length of campaign. Although you can cancel your campaign at anytime, we suggest running a campaign for a minimum of 3 months to collect enough data to accurately assess whether the campaign has grounds for long term success. Marketing can be cyclical, seasonal and have peaks and troughs for sales.

   4.3. Advice and consultation. Although we have years of experience in marketing, you understand all decision are made under your own free will and agree you fully understand the product you are purchasing.

   4.4. Third parties. We typically use third party providers for email campaigns including but not limited to MailChimp, MailJet and Constant Contact. You agree that there may be costs involved from the third party themselves and from Coding creed for the setup. All fees would be agreed in writing prior launch.

   4.5. Email design and posting. Coding creed will, to the best of ability, ensure all email marketing materials, including copywriting and imagery, is copyright free, and free of plagiarism. Coding creed fully respect copyright laws. Coding creed will also to the best of our ability ensure that all posts are error free and grammatically correct. We will send a proof of the post to you and ask for written permission to publish. If it then comes to light that the post contains errors, you agree that you have sole responsibility for the post.

   4.6. Purchasing data. Coding creed can purchase data on your behalf, or you can supply the data yourself. You agree that you are providing data to us that has been obtained in full accordance with the law.

5. Artificial intelligence (AI) marketing. Coding creed offer AI marketing services to our clients to support marketing efforts. You agree that AI marketing may incur additional cost depending on the level of AI marketing needed.

   5.1. Campaign setup. Depending on the agreement and existing relationship, you agree that to setup your campaign with us may incur costs. This is to help cover the costs of planning and deployment of the campaign.

   5.2. Length of campaign. Although you can cancel your campaign at anytime, we suggest running a campaign for a minimum of 3 months to collect enough data to accurately assess whether the campaign has grounds for long term success. Marketing can be cyclical, seasonal and have peaks and troughs for sales.

   5.3. Advice and consultation. Although we have years of experience in marketing, you understand all decisions are made under your own free will and agree you fully understand the product you are purchasing.

   5.4. Managing algorithms. AI marketing takes the human element out of marketing. You agree that additional costs may be incurred if you would like us to manage the data and metrics AI marketing brings. Any change we make will be put to you for written approval.

Other terms

1. Purchase. On invoice, you agree that any deposits made to Coding creed are non-refundable. Due to the nature of our business, when an invoice has been sent and you have deposited funds, you agree to have made a legally binding decision instructing Coding creed to begin work. Full payment of the remaining balance (if applicable) is required within 30 days of the invoice date unless expressed in writing the work duration differs. Full payment of the balance is required before the development is launched. Coding creed asks for a 50% deposit prior to any development works being carried out.

2. Ownership and copyright. Until payment is received in full, all designs, artwork and rights to design and artwork remain the intellectual property of Coding creed. Full copyright and ownership of all ‘commissioned’ work will remain with Coding creed until full payment has been received, at which point Coding creed will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts and options developed throughout the process).

For all website, software and application related projects, upon full payment of the remaining balance and you have no outstanding debts with us, we agree to transfer the copyrights to you, and the client will retain 100% ownership. This excludes proprietary software, open source code, content management systems and any software or code which cannot be owned.

3. Domains. Domains are charged at a minimum of £29.99 per year depending upon the extension. If, after this term, you would like the domain released/transferred to you or a third party for management, you agree that there may be additional costs involved. If you require support with the management of the domain, you agree that there may also be additional costs.

4. Loss of earnings. Coding creed is in no way responsible for loss of earnings. It is your responsibility to keep the development up-to-date and your username and password safe and secure and to avoid negligence. If you are subject to hacking, a major system failure, or the development becomes unreachable, and in the event, your developments files become unusable it is your responsibility to provide us with the backup files to restore your development which you should request after completion. If not agreed, you agree additional costs may be incurred. You agree that in the event of a down/unreachable/corrupted /hacked/damaged/lost/deleted (development that differs from the original) development you agree that additional costs may be incurred for the recovery, if possible, into the original form. You also agree in the event that the development cannot be restored that development costs for a completely new development may be in order. Our developments are backed up on multiple servers and in some instances, backed up on secure external hard drives to avoid such an issue.

Please be aware that in the unlikely circumstance as mentioned above, you agree to these terms if the files are unusable. The same applies to all products provided by Coding creed and this also applies to databases, software and hardware.

5. Lack of payment. In the event that the invoice has not been paid you agree to waive your rights to our services and products. You agree that if you have an outstanding invoice on your account which in unpaid, we have full rights to remove your development and suspend your hosting services, not limiting to all other services and products Coding creed provides to you.

Failure to pay any invoices as agreed will incur a 19% increase month-on-month until the debt is recovered.

6. Debt recovery. In the event an invoice is unpaid and your account is in debt, Coding creed has full rights to take legal action to recover the remaining balance. If we have to begin debt recovery proceedings, your information will be passed to our debt recovery partners, and you will be charged an additional fixed fee on the debt for the cost of administration.

7. Providing materials. You agree that you have the legal rights to use any and all materials you provide to Coding creed. Coding creed does not take any responsibility in the event of legal action against you, your company or any associated entity in light that the materials you have provided have been obtained unlawfully. This includes and is not limited to infringing on copyrights and plagiarism. Coding creed fully respect copyright law.

You also agree that all information provided by you is accurate and genuine to the best of your ability.

Any costs you incur provided by third parties outside of Coding creed cannot be offset against the final invoice and can be charged a fee for our time for dealing with any communications with such parties.

8. Copywriting. Coding creed offer copywriting services to our clients. Coding creed will to the best of ability ensure all copywriting is copyright free, and free of plagiarism. Coding creed fully respects copyright laws. Coding creed will also to the best of our ability ensure that all content is error free and grammatically correct. We will send a proof of the content to you and ask for written permission to publish. If it then comes to light that the content contains errors, you agree that you have sole responsibility for the content.

9. Advice and consultancy. Any advice or consultancy services provided by Coding creed should always be fully researched on your own behalf. It is down to you to conduct your own research and make your own decisions.

10. Special offers. Voucher codes are limited to 1 per customer and can be applied to a maximum of 1 invoice.

By submitting our refer a friend form, you agree that you have entered and obtained the data lawfully and the 'friend' agrees for us to contact them. We aim to make contact with them within 1 working day but can take up to 5 working days. We agree to send you a £100 Amazon Gift card via email when we have received your 'friends' deposit. This can take up to 30 days to process your Amazon Gift card. We reserve the right to discontinue the refer a friend scheme at anytime.

11. Indemnity. You hereby indemnify Coding creed and undertake to keep Coding creed indemnified against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by Coding creed to a third party in settlement of a claim or dispute on the advice of Coding creed legal advisers) incurred or suffered by Coding creed.