Terms of Service (“Terms”)

Last updated: January 25, 2015

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.codcow.com website (the “Service”) operated by Codcow.com (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Services Terms

1.1 Codcow Services

Codcow shall provide the services as nominated at time of order. A copy of these agreed services will be emailed to both parties at the beginning of the project, after we have received payment and full order details.

1.1.1 Working schedule
Development Team: Monday-Friday 2:00am – 12:00pm EST

Development Consultants and Live Chat Support: Monday-Friday 12am – 3pm EST

The Development Consultants provide the quote & ETA within 5 hours for markup and within 7 hours for implementation / development according to the schedule above.

1.2 Delivery of the Services

Start date: Codcow will start providing services on the first business day from the date of purchase.

Completion date: The completion date will be provided to the client after Codcow reviews all of the files and details of the project.

Delays: While we aim to deliver all our projects on time, if unforeseen circumstances delay delivery times, Codcow will endeavor to offer some form of compensation up to the value of the original project cost. You are not entitled to make any further claims against codcow beyond the original cost of the project.

1.3 Format of Order Delivery

Codcow shall provide the completed service in form of a .zip file upon completion of the project. In the case that you have requested some other specific form of delivery, codcow will comply with this request if agreed on the contract.

1.4 Prices
As consideration for the provision of the services by the Codcow, the price these services are nominated at the time of purchase and it varies depending on the services requested. For a correct pricing please refer to your invoice emailed at time of purchase and make sure you agree with the quote provided before accepting the contract.

1.5 Payment
You agree to pay the price agreed to Codcow before we begin working on your project. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the services provided by Codcow to you under this Agreement and such will be payable by the person that contracts Codcow in addition to all other charges payable hereunder.

1.6 Intellectual Property Rights
Codcow agrees to grant to the purchaser a Non-Disclosure Agreement (NDA) where Codcow establishes that any material, information, files related your project will not be shared with third parties or used in any other way that is not related to the completion of the project. In respect of the material specifically created for the Purchaser as part of the services, Codcow accepts that the full title guarantee belongs to the person or company that contracted our services and all of the copyright, other intellectual property rights and any other data or material used or subsisting in the project files, whether finished or unfinished also belongs to the purchaser.

1.7 Warranty

Codcow represents and warrants that:

We will perform the services with reasonable care and skill

Services and the files provided by Codcow to you under this Agreement will not infringe or violate any intellectual property rights.

1.8 Term and Termination

The Agreement shall be effective on the date of payment hereof and continue, unless terminated sooner in accordance by both parties.

Either Party may terminate this Agreement upon notice in writing if:

The other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or

A voluntary arrangement is approved by both parties.

1.9 Relationship of the Parties
The Parties acknowledge and agree that PSD to HTML services performed by Codcow, its employees or agents shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

1.10 Notices
Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered, if delivered electronically by email stated in the payment form by both parties of the contract.

1.11 Miscellaneous
The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights and if any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.

Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.

This Agreement may not be amended for any other reason without the prior written agreement of both Parties.

This Agreement constitutes the entire understanding between the Parties PSD to HTML services and/or platform implementation hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.

Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond their control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.

This Agreement shall be governed by the laws of the state of New York, United States of America.

1.12 REFUND POLICY Refund Policy
A full refund will be considered in the following situations:

The client’s order cannot be completed as requested.

The client’s request to cancel the order is received before development work is started.

A partial refund will be considered in the following situations:

The client is not satisfied with the quality of the code or service and provides a reasonable, legitimate, and comprehensive explanation of the matter.

The client is not satisfied with the product after reviewing it on our test server. In such cases, a partial refund may be issued upon the agreement about the details related to the refund.

If the order is completed according to the specifications of the client, some minor errors are inevitable and are not justification for full or partial refund.

1.13 Edits Terms:

After preview, if you approve the HTML/CSS, you are more than welcome to provide changes that you need done in order for the project to be fully pixel perfect based on your PSD files. You will have 3 rounds of edits (for example: font styling, minor alignment changes, JS effects) and if you require a change in the design that might require extra efforts, we may have to charge an additional fee.

A round can be defined as a list of edits that we are going to complete. Once the first round is fully completed, if you need a few more changes you will be able to send a second round and a third round if needed.

The programmer will need a detailed list of changes (screenshots if possible) so we can provide a fast and efficient result.

This screenshot tool may be helpful: http://awesomescreenshot.com/

After the 3 rounds of edits are finalized you can ask for more changes, but this will be charged separately.

And if you require a change in the design that might require extra efforts, we may have to charge an additional fee based on our own criteria of hours needed to be billed (Normally around 15USD/hour).

If your project is CMS read below:

Edits on the CMS have the same flow as the HTML process, but they are only related to functionality (for example: change widgets, use a different plugins, the logic of the code) and not HTML/CSS because we will be using the HTML code that you previously approved.

If you don’t send feedback during the next 72 hours of your project completion, Codcow will consider the project approved by the client and will be able to refuse making any changes or fixes according with “3 rounds” policies.

Upon making payment for one of Codcow services you are hereby accepting this terms and services agreement.

1.14 CMS Projects
CMS projects are crafted by our team in the following way:

PSD to HTML/CSS standard coding takes place, once this stage is finished we’ll present you with the demo links for you to evaluate them.

We’ll wait for feedback (if any) on these files and will proceed to the next stage after clearing everything’s ok.

We’ll integrate the previously coded HTML/CSS Markup with any JS Scripts needed along with the CMS Chosen for the project.

We’ll perform Quality Assurance round to make sure everything’s up to the project details and specifications.

We’ll present the demo links to the client to evaluate the completed project integrated with the selected CMS.

The client will have up to one week to provide any feedback which will be solved within the following 3 rounds of fixes.

After client evaluation and feedback or fixes, the client should approve the project as completed to receive the files from Codcow for later migration or implementation.

Some other important notes regarding this service.

Prices for CMS Projects are stated on two stages regarding the process described above, over cancellation in the middle of the second stage you won’t be eligible for a refund on the full amount of the project.

Edits on the CMS have the same flow as the HTML process, but they are only related to functionality (for example: changing widgets, use a different plugins, the logic of the code) and not HTML/CSS because we will be using the HTML code that you previously approved.

Upon making payment for any of Codcow’s services you are hereby accepting this terms and services agreement.

2. General Terms

2.1 Links To Other Web Sites
Our Service does not contain links to third-party web sites or services that are not owned or controlled by codcow.com.

Codcow does not take any responsibility for content of web pages beyond the domain codcow.com.

2.2 User Information Usage

The Company reserves the right to use any collected information pertaining to its users in accordance with our Privacy Policy. This includes a good faith belief that such disclosure, preservation or retention is reasonably necessary or required by law on reasonable grounds.

2.3 Claims of Copyright Infringement

Codcow respects the intellectual property of others, and we ask our users to do the same. If you believe that there is any content that infringes or violates copyright or intellectual property rights, please provide the following information: name, mailing and email addresses, and telephone number, a detailed description (including URLs) of the content, registration numbers and dates, a good faith statement that expresses clearly that the content is used without the authorization of the owner(s), agents or as a matter of law and a signed statement that the information is true and that you are the owner or authorized to act on the owner(s) behalf.

2.4 Liability Limitations

Users agree the Company is not liable to any user under any circumstances in relation to a user’s use of the website. Such limitation of liability applies in order to prevent the recovery of any form of damages arising from use of the website that may be incurred by users or any third party. Users agree to hold harmless and indemnify the Company against any actions, claims or demands without limitation resulting from user misuse of website content or breach of the Terms, from any claim arising from user submitted content, or user violation of the rights of another.

2.5 Governing Law
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

2.6 Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us
If you have any questions about these Terms, please contact us.