Terms Of Services

The terms and conditions that apply to your use of the www.codingfever.in web site and its services are listed on this page. This page should be carefully read. The client agrees to accept the following terms and conditions by submitting the inquiry form or by engaging any resource from Codingfever India.

Please carefully read these terms and conditions. You are not permitted to use this service if you do not agree to these Terms and Conditions.

Individual remote workers, such as remote designers, are offered by Codingfever (“Resources”):

This Service Contains, As Well

  • Vetting, contracting, paying, and hiring of resources,
  • Resources are allocated to customer initiatives
  • tracking and reporting of time logs,
  • Codingfever   Team is an example of software tools.
  • any initial client education and project assistance.
  • The parties will agree on the assignment of Resources, the work schedule, and the start date, which will then be recorded in an email sent to the customer.
  • Initial training, which includes tips on how to communicate more effectively and an introduction to Resource (s).
  • Customer is aware that each Resource would work for Codingfever full-time. Customer and Resource will collaborate directly, and Customer alone is responsible for all projects and deliverables (collectively, “Work Product”) created by Resources for Customer.
  • After the Trial period has ended, the Customer may cancel any assigned Resource at any time by giving at least 15 days’ notice for each Resource that needs to be cancelled.
  • If any third-party software is needed by the resource to complete the task at hand and it is not already accessible from Codingfever, the customer will supply the licences.
  • All incidental costs, mailing fees, travel costs, and other costs that Codingfever or Resource may incur in connection with this Agreement (collectively, “Project Expenses”), provided the Customer approved of such costs in advance, shall be the responsibility of the Customer.
  • For the customer, Codingfever would assign enough senior PHP developers.

Payments and Fees

  • With an invoice and time logs outlining the hours and work completed by each Resource, Codingfever will email the customer. Such revisions to the number of hours worked must be made in writing within three days, and the subsequent invoice will reflect any changes.
  • With 60 days’ written notice to the customer, Codingfever may modify the terms of the resource assignment, including the charges.
  • The resource’s idle time must be paid for by the client. If a customer fails to assign a task to a resource, Codingfever is not responsible for any wasted time (s)
  • If fewer days are worked than the stated output, Codingfever will reduce the fees correspondingly.

Termination and Term

  • If all Resource assignments have been completed and all outstanding account balances have been paid in full, the customer may terminate this agreement at any time.
  • This Agreement or any portion of the Codingfever services may be terminated by Cyber Help India.
  • If Customer defaults on any obligation under this agreement, including failure to pay fees, and fails to correct the default within ten (10) days of being notified of it,
  • If Codingfever discontinues or materially adjusts its product or service offerings, such action shall be accompanied by thirty (30) days’ written notice
  • Effect of Termination: Following the termination of this Agreement, Codingfever will stop billing the Customer for any additional service fees. If Codingfever does not expressly state otherwise in writing, the customer will not be entitled to a refund for already made payments. Customer shall cover all costs of such termination, including any reasonable collection costs or costs that Codingfever incurs in terminating Customer’s account, if this Agreement is terminated as a result of Customer’s violation of this Agreement. Any copies of the contents granted to Customer here under must be destroyed by Customer after termination. Customer acknowledges and accepts that Codingfever may erase all information on Customer on the Codingfever Tools, if applicable, upon termination or discontinuance for any reason. In addition to the conditions outlined here, specific Codingfever services could also have termination conditions that are detailed in the Resource Assignment Email.

Information that is private and confidential

  • Non-public information collected from the other party shall be kept confidential and neither party shall reveal it to a third party or use it except as permitted by this Agreement; provided, however, that neither party shall be precluded from doing so.
  • That is already public knowledge at the time of disclosure or becomes public knowledge without any action or inaction on the part of the person subject to a confidentiality obligation under this section,
  • That is or was revealed to such party by a third party who is not bound by a confidentiality requirement with respect to such information (and to whom such party owes no such responsibility),
  • That such party has independently obtained or developed, or
  • As little as feasible, as needed by court order or as otherwise required by law, provided that notice of such obligation by law or judgement for such disclosure is disclosed to the other party before any such use or disclosure is made.
  • When working on customer assignments, Codingfever certifies that all of its employees and contractors have signed or will sign a nondisclosure agreement requiring at least the level of secrecy outlined above.

Ownership

  • All information provided for use in accordance with this Agreement (collectively, “Customer Materials”) shall remain the property of Customer. Customer represents that it has the right to use any Customer Materials submitted to Codingfever for use in providing services for Customer, or that it has a valid licence to do so, and gives a licence to use such Customer Materials. Codingfever commits to only allow employees and contractors conducting services for the customer to utilise Customer Materials, and to return all Customer Materials upon request or after the assignment is over.
  • The software created by Codingfever for the Customer under this Agreement will belong to the Customer upon receipt of payment for the services performed (“Work Product”). In order to perfect and enforce the full benefits, enjoyment, rights, and title in the Work Product throughout the world, Codingfever agrees to perform, both during and after performance of services, all acts deemed necessary or desirable by the Customer at the Customer’s expense based on Codingfever standard billing rates in effect at the time. These actions could involve signing paperwork, providing support or cooperation during the registration and enforcement of relevant patents, copyrights, and other legal proceedings, among other things. Codingfever hereby irrevocably appoints Customer and its duly authorised officers and agents as its appointing authority in the event that Customer is unable for any reason to obtain Codingfever or engineer’s signature to any legal and necessary document required to apply for or execute any patent, copyright, or other applications with regard to any Work Product (including improvements, renewals, extensions, continuations, divisions, or continuations in part thereof).
  • Assuming ownership of the Work Product moves to the Customer, Codingfever certifies that all of its employees and contractors working on Customer assignments have signed — or will sign — a contract mandating at least the degree of assistance outlined above.
  • Despite anything to the contrary in this Agreement, Customer shall not at any time forbid or enjoin Codingfever from using any “skills or information of a general character” obtained while doing the tasks required by this Agreement. For the purposes of this Agreement, “skills or knowledge of a general nature” shall mean, without limitation, anything that could reasonably be learned or acquired on Customer assignments that could be applied to work that is performed for other clients that is similar to the work that was provided for the Customer.

Indemnification

Each party will defend and hold the other harmless from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) resulting from any claim, judgement, or adjudication alleging that use of that party’s software, or its use of third-party software, violates any law or the rights of any person. For such a defence and payment, the party is required to:

  • Give prompt written notification of a claim to the opposing party; and
  • Give that party complete control over the defence and any associated talks.

Disclaimers and Warranties

  • In line with this Agreement, Codingfever will make commercially reasonable efforts to render the expert services specified in the Resource Assignment Email, and said services would be rendered in a workmanlike manner. The customer is aware that it is possible for an allocated engineer to experience temporary or permanent absences. In such circumstances, Codingfever is required to offer an equivalent alternative resource.
  • Limitation of Remedies: The total fees paid by Customer to Codingfever shall be the Customer’s sole and exclusive remedy and the full liability of Codingfever in connection with any services given under this Agreement, whether in contract, tort, or otherwise. Neither party may bring a claim related to this Agreement longer than a year after the occurrence of the incident giving rise to the claim, regardless of the form the claim takes.
  • NEITHER CODINGFEVER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES SHALL IN ANY EVENT WHATSOEVER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE)

Severability

Any provision that is found to be invalid or inoperative for any reason whatsoever shall be deemed severable and shall not affect the legality and enforceability of the other terms of this Agreement.

Complete Agreement

The entirety of the parties’ understanding of the subject matter of this Agreement, including the Customer Account information and Resource Assignment Email(s), is set forth in this Agreement, which may not be amended except in a writing signed by both parties. Any notices related to this Agreement must be in writing and sent via first class mail, an equivalent method, confirmed facsimile, or a significant commercial rapid delivery courier service for the Customer to the address listed in the Customer Account, or to Codingfever at Paila Village Kalimpong 734316 West Bengal or any other address that may be properly specified in a later written notice.

Independent Parties

Each party shall be and operate as the other’s independent contractor for all purposes under this Agreement and shall not bind or attempt to bind the other to any contract. Sales, use, and other similar taxes, if any, will be the customer’s responsibility. Codingfever will be entirely responsible for its income taxes in connection with this Agreement.

No Soliciting of Employees

Customer will refrain from directly or indirectly soliciting Codingfever employees or contractors throughout the course of this Agreement and for one (1) year afterward without Codingfever prior written authorization.

Assignment

Except for Codingfever, who may do so to a successor to substantially all of its relevant assets or business, neither party shall have the right to assign this Agreement to a third party.

Governing Law

Without respect to considerations of conflict of laws, the laws of India shall govern this agreement and any disputes arising out of it.

The parties voluntarily and unconditionally consent to the exclusive jurisdiction of the courts of India for the purposes of hearing and resolving any claims, actions, or disputes arising out of or related to this Agreement, as well as for the purposes of enforcing any judgement against their respective assets.

No person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable by any person other than the parties under the Contracts (Right of Third Parties Act) of 1999.

Acceptance of the Terms

Customer acknowledges that Customer has read and agrees to be bound by all terms and conditions of this Agreement and documents incorporated by reference by applying for Codingfever service(s) through Codingfever online signup process or otherwise, or by using the service(s) provided by Codingfever under this Agreement.

FORCE MAJEURE

If a party is prevented from fulfilling its obligation by illness, an accident, the passing of a consultant or another event beyond its control, neither party is held accountable.