Effective Date: 29/09/2024

Welcome to Coding Desk. By accessing or using our services, you agree to the following terms and conditions, which form a binding legal agreement between you and Coding Desk. If you do not agree to these terms, you may not access or use our services.

1. Company Information

• Company Name: Coding Desk
• Registered Address: TC 49/1492-1, Neeharam, Thrikannapuram Road, Vishnu Nagar, Poozhikunnu, Thiruvananthapuram, Kerala, 695019, India.
• Email: support@coding-desk.com
• Phone: +1 (703) 565 1100 (US), +91 8547094774 (India)

2. Scope of Services

Coding Desk offers a variety of professional services tailored to meet your business requirements, which include but are not limited to:

• Website Development: End-to-end design, development, and deployment of responsive websites, including content management system (CMS) integration.
• AI Integration: Custom integration of AI solutions into websites and mobile applications for enhancing automation, analytics, and user experience.
• Mobile Application Development: Native and cross-platform mobile app development for iOS and Android, optimized for performance and user experience.
• Digital Marketing: Full-suite digital marketing solutions, including SEO (Search Engine Optimization), SEM (Search Engine Marketing), and digital advertising campaigns.
• Custom Web Solutions: Development of bespoke web-based solutions tailored to unique business challenges, incorporating advanced technologies such as AI, machine learning, and automation.
• E-Commerce Website Development: Comprehensive design and development of e-commerce platforms, offering features like payment gateway integration, inventory management, and customer account management.
• UI/UX Design: Professional design services aimed at enhancing user experience through optimized user interface design, wireframes, and prototypes.

Service Delivery: All services are delivered in accordance with agreed-upon project timelines, milestones, and contracts. Coding Desk strives to adhere to set deadlines but reserves the right to modify delivery schedules as needed.

3. Client Obligations

Accuracy of Information: Clients are required to provide complete, accurate, and timely information necessary for the fulfillment of services. This includes project specifications, required materials (content, graphics, etc.), and access to relevant accounts (e.g., hosting, domain, etc.). Any delays or additional costs incurred due to incomplete or incorrect information will be the responsibility of the client.

Communication: Clients are expected to promptly respond to requests for feedback, approvals, and other communication from Coding Desk. Failure to respond in a timely manner may result in delays or project suspension. Coding Desk is not liable for any delays caused by a client’s failure to communicate.

Compliance with Usage Terms: Clients agree to comply with all applicable laws and regulations regarding the use of our services. You are solely responsible for the legal, financial, and operational aspects of your project, including any obligations related to content, copyright, data security, and privacy laws.

Confidentiality of Information: Clients are responsible for safeguarding any confidential or sensitive information shared during the project. This includes access credentials, proprietary technology, and any business-sensitive data. The client is responsible for ensuring that no unauthorized parties have access to this information.

4. Intellectual Property Rights

Coding Desk offers two distinct intellectual property rights models based on the agreed terms:

a) Retained Ownership Model:

In this model, Coding Desk retains full ownership of all intellectual property related to the project, including but not limited to:

• Source code
• Website or application design
• Graphics, media, and written content
• Proprietary AI or software integrations

Under this model, the client is granted a non-exclusive license to use the project deliverables for their intended purposes. Any unauthorized reproduction, modification, or resale of Coding Desk’s intellectual property without prior written consent is prohibited.

b) Transferred Ownership Model:

In this model, Coding Desk transfers full intellectual property rights to the client upon successful completion of the project and full payment of all associated fees. This includes:

• Ownership of the source code, designs, and content
• All rights to modify, distribute, and use the project deliverables without further consent from Coding Desk

Exclusions: Coding Desk retains the right to use non-confidential aspects of the project (such as general design concepts) in promotional materials, unless otherwise agreed upon in writing.

5. Payment Terms and Refund Policy

Milestone-Based Payments: For most services, Coding Desk follows a milestone-based payment structure. Clients will be required to make payments as per the milestones outlined in the project agreement. Failure to make timely payments will result in project delays or termination.

Advance Payments for E-commerce Services: E-commerce website development services require advance payment, as outlined in our E-commerce Plan Pricing. No work will commence until the advance payment is received. This payment is non-refundable, as services provided are custom-built for the client’s specific needs.

Refund Policy: Coding Desk does not offer refunds once a payment has been made, except in cases where the project cannot be completed due to reasons outside the client’s control (and unrelated to third-party service failures). In such cases, Coding Desk will refund the client within 7 to 14 business days, with the refund amount proportionate to the work completed at the time of project cessation.

6. Limitation of Liability

Coding Desk is not liable for any loss, damage, or delay caused by:

• Third-Party Failures: Any failures, downtimes, or malfunctions caused by third-party services (such as hosting providers, APIs, or payment gateways) are not the responsibility of Coding Desk. We are not liable for any business interruption or revenue loss resulting from such failures.
• Natural Disasters/Force Majeure: We are not responsible for delays or failures caused by events outside of our reasonable control, including but not limited to natural disasters, pandemics, political unrest, or technological failures.
• Loss of Data, Revenue, or Business Operations: Coding Desk is not liable for any loss of data, revenue, or business operations caused by the following:
  • Inadequate data backup by the client.
  • Downtime or data loss due to server issues (whether hosted by Coding Desk on partner servers “Hostinger”  or client-owned servers).
  • Breaches of security caused by client negligence or third-party services.
  • Any other situation outside our reasonable control.
• Estimated Timelines: Project timelines provided by Coding Desk are estimates and are subject to change based on unforeseen circumstances. We make no guarantees regarding the exact completion date of a project.

Indemnification: Clients agree to indemnify and hold Coding Desk harmless from any claims, damages, or expenses (including legal fees) arising out of their use of the services, violation of these terms, or infringement of any intellectual property or other rights of a third party.

7. Confidentiality and Data Protection

Client Data: Coding Desk takes data security and client confidentiality seriously. We will not disclose any project-related information to third parties unless necessary for the completion of the project (e.g., sharing limited contact information with partners or vendors), or if required by law.

Third-Party Sharing: Limited client details (e.g., name, contact information) may be shared with trusted partners or subcontractors solely for the purpose of project development. Clients will be notified of any such disclosures, and all partners are required to adhere to similar confidentiality standards.

Data Security: Coding Desk employs industry-standard security protocols to safeguard client data. However, we are not liable for security breaches or data loss resulting from third-party services (such as hosting platforms or payment processors).

8. Dispute Resolution

• Good-Faith Resolution: In the event of a dispute, Coding Desk and the client agree to make reasonable efforts to resolve the matter amicably through negotiation. If a satisfactory resolution cannot be reached, both parties agree to engage in mediation before pursuing legal action.
• Jurisdiction: Any legal disputes arising out of or related to these terms will be resolved in the courts of Thiruvananthapuram, Kerala, India. The client consents to the exclusive jurisdiction of these courts.
• Legal Fees: In the event of legal action, each party will bear its own legal costs unless otherwise ordered by the court.

9. Termination

Coding Desk reserves the right to terminate any project or service agreement under the following conditions:

• Non-Payment: Failure to make payments according to the agreed milestones or payment schedule may result in project suspension or termination without further notice.
• Breach of Terms: Any violation of these terms by the client, including misuse of the final deliverables or violation of intellectual property rights, may result in immediate termination of services.
• Unreasonable Scope Changes: If the client requests additional features not included in the original scope, and refuses to pay for these changes, Coding Desk may terminate the agreement.
• Lack of Cooperation: Clients are expected to provide necessary materials, feedback, and responses in a timely manner. If the client fails to cooperate after repeated follow-ups (usually 10–20 times or more), Coding Desk reserves the right to terminate the project.

10. Amendments

Coding Desk reserves the right to modify or update these Terms and Conditions at any time without prior notice. Clients will be notified of significant changes via email, and updated terms will be available on the website. Continued use of our services after such changes constitutes acceptance of the updated terms.

11. Project Completion and Timeline Estimates

• Estimated Timelines: All timelines provided for project completion are estimates and may be subject to change based on unforeseen circumstances, including but not limited to delays in client responses, third-party service issues, or technical challenges. Coding Desk will make every reasonable effort to meet the agreed timelines but cannot guarantee the exact completion date.
• Timeline Variability: In some cases, projects may take more or less time than initially projected. Coding Desk will communicate any expected delays as soon as they become apparent.

Contact Information:
For any questions or concerns regarding these Terms and Conditions, please reach out to us at support@coding-desk.com.