TERMS & CONDITIONS
1. DEFINITIONS AND GENERAL CONDITIONS
1.1. All standard conditions in this document apply to all tasks solved by CodersHive.
1.2. These standard conditions, together with entered project descriptions and written order specifications, form the basis for all contracts and projects entered into with CodersHive.
1.3. These standard conditions only apply to work carried out by one of the CodersHive offices and not if third-party partners are included in the joint project.
1.4. In the standard conditions, the use of "customer" as being solely the responsible client of a given project constitutes.
1.5. All assignments, unless otherwise specified by CoderHive, are covered by thesestandard terms.
1.6. All price agreements entered into and confirmed between the customer & CoderHive are valid and can be charged when CodersHive deems it natural for the process.
2. PROJECT
2.1. All project descriptions and offers are registered and handled in CodersHive's internal systems. Only these descriptions are valid in any disputes and discrepancies. Should there be new descriptions or offers, these are covered separately under new separate agreements.
2.2. All offers must be accepted by the customer on one of our digital platforms or in writing. If this has been done, CodersHive recognizes the order as entered into and the project started.
2.3. All offers from CodersHive are limited in time and CodersHive reserves the right to reject the conclusion of an agreement on the basis of unaccepted offers.
2.4. Full responsibility for the project description including all requested tasks rests with the customer. If the task is not included in the project at CodersHive, CodersHive reserves the right to invoice for additional work. All agreements are recognized if they are approved by both the customer and
CodersHive.
2.5. All changes in projects and deliveries will be described in the project system at CodersHive. The final responsibility for ensuring that all this information is in accordance with the agreement entered into rests with the customer.
2.6. It is the customer's responsibility that all the customer's deliveries for the project meet the specified deadlines. If non-delivery causes CodersHive additional work or wasted time, CodersHive can invoice the customer for this, based on the current offer or the list prices specified in the standard conditions.
2.7. Web projects provided by CodersHive are provided for use on the following browsers, Safari, Google Chrome and Firefox. Display of the project on other platforms is not CodersHive's responsibility.
2.8. Unless otherwise stated in the offer/agreement each project holds 2 revision processes and CodersHive holds the right to invoice for further revisions. Once a revision is approved by client and implemented by CodersHive any further changes to same revision will be charged as extra work
2.9. The responsibility of spelling mistakes, picture copyrights, concept layouts, conceptual end result and project requirements delivered by the client to CodersHive is entirely the clients responsibility.Any cost and time spent on correcting these, will be added to the project price or charged hourly.
3. EXECUTION AND ORGANIZATION
3.1. CoderHive delivers and executes the project in accordance with the written agreement and description in CodersHive's internal systems.
3.2. If the project is not deadline based, CodersHive undertakes to deliver deliverables and projects to an extent and in an urgency that can be considered reasonable. Deadlines and time summaries are only recognized if they have been entered into in writing or on one of CodersHive's platforms.
3.3. The project must be carried out in consultation between the Parties. Consultation must take place through ongoing contact between the Parties' contact persons.
3.4. When entering into an agreement, CodersHive reserves the right to select the team composition and possibly enter into agreements with sub-suppliers. Possible subcontractors will be incorporated into the assignment on the same terms as Codershive.
4. PRICES AND PAYMENT
4.1. CodersHive reserves the right to invoice according to written agreement. Be it for hourly rate tasks as well as for projects. Unless otherwise described, CodersHive will use the prices in our standard conditions for hourly prices.
4.2. If no agreement has been made otherwise, these standard hourly rates apply:
USD 100 / hour for all in-house development tasks at a CodersHive office.
USD 150 / hour per started hour for all tasks solved elsewhere than at a CodersHive office.
USD 180 / hour for consultancy and project management.
4.3. All projects and orders are considered fixed-price according to the project description and the internal systems at CodersHive (cf: 3.1)
4.4. All projects, unless otherwise stated, require a 50% deposit upfront, with the remaining balance due upon project delivery or within 30 days of the project start date, whichever comes first.
4.5. CodersHive reserves the right to invoice according to the agreement, unless other conditions have been agreed. The invoicing may include partial or full payment of the project, regardless of whether this has been completed or finally quality approved.
4.6. All CodersHive invoices have a 7-day payment deadline.
4.7. CodersHive will also invoice time consumption that is not incl. in the project description, be it (but not exclusively) transport & possibly expenses associated with tasks not described in the order description (cf: 3.1)
4.8. If the payment conditions are not met, CodersHive reserves the right to immediately stop all work that incurs CodersHive costs. CodersHive also reserves the right to block (but not exclusively) any system access, communication portals and other parts of the delivery.
All rights to codes or other work provided by CodersHive remains, by international law, the property of CodersHive until the client finalizes the payment.
4.9. CodersHive reserves the right to impose a reminder fee of USD 15 for each reminder charged in connection with late payment.
4.10. CodersHive charges default interest of 1.5% from the due date.
4.11. All prices are stated in US Dollars excluding VAT.
5. SUBSCRIPTION AGREEMENTS (SUPPORT, EMPLOYEES, WEBSITES)
5.1. All CodersHive subscription agreements are covered by these standard conditions when entering into a written agreement.
5.2. The subscription period refers to the contracted period. If a change to the period is desired, CodersHive reserves the right to demand full payment for the concluded agreement or an appropriate financial compensation if the new agreement is entered into at a lower final price.
5.3. CodersHive reserves the right to cancel or terminate a given agreement if conditions mentioned in these standard terms or in a contract or written
communication are not met.
5.4. All agreements entered into are binding and the subscription will be automatically renewed with a corresponding period if CodersHive does not receive a final written change/termination at the latest - 1 month before expiry (for shorter agreements 1-6 months) and 3 months for 1-year agreements.
5.5. All subscription agreements run from the customer's order approval or the order specification and not from the payment of the order. It is therefore the responsibility of the customer if these are not in accordance.
6. DUTIES ON DELIVERY
6.1. All projects are completed by handing over of the orders/project description from either the involved developers, Project Managers, Project Assessment managers or Managing Partners. The finalization of the given project will also be reported completed in writing from CodersHive.
6.2. It is the customer's own responsibility to test and evaluate the final product and compare it with the agreements and conditions entered into as described in (3.1)
6.3. It is the customer's responsibility to report any errors and deficiencies in the project in accordance with the order entered into and its conditions to CodersHive. The deadline for reports of this kind is 10 working days.
6.4. If the delivery does not live up to what was agreed and is reported within the deadline, and if CodersHive is responsible for any deficiencies or errors, CodersHive will begin the corrections within a reasonable time horizon. CodersHive reserves the right to use any employee for this task.
6.5. If any subsequent work turns out to fall outside of CodersHive's responsibility or the agreement entered into and approved by the customer, the work will be carried out at the specified hourly rates in the standard bids or in the final offer.
6.6. If the period of 10 working days is exceeded, the customer's right to objections and corrections shall expire. CodersHive then reserves the right to demand hourly payment or solve the task as a separate project under new conditions.
6.7. CodersHive assumes no obligations related to third party suppliers (who are not under agreement with CodersHive) as well as all operation and platform related errors and defects.
7. DELAY
7.1. Delay means exceeding the agreed timetable for the completion of the final delivery or a partial delivery in the project.
The delay can be caused by either CodersHive or the customer and incl. everything from lack of communication, approval of partial tasks to delivery of products. A delay is qualified through order description, project timeline and up to final delivery.
7.2. If a delay is due to the Customer or the Customer's other suppliers, CodersHive reserves the right to re-evaluate the project's timeline including the agreed delivery date as well as a possible restructuring of the associated resources. Should the delay cause CodersHive extra working time in addition to the order already agreed, CodersHive will invoice the additional resources to the Customer according to the hourly price of the standard conditions or the agreed.
7.3. If one of the Customer's or the Customer's related delays causes loss for CodersHive, CodersHive is entitled to compensation.
7.4. CodersHive is not liable for loss or indirect loss caused by a delay for any reason.
8. HARDWARE AND OPERATION
8.1. It is the Customer's sole responsibility to provide access to systems, software, licenses and anything else that may be used in the project. If these do not meet quality considerations, CodersHive reserves the right to change the project timeline, the project description or require these to be replaced.
CodersHive is not responsible for any delay this may cause.
8.2. CodersHive does not assume responsibility for operation, maintenance or any errors on and with the things the customer makes available during the execution of the project.
9. RIGHTS TO THE PROJECT
9.1. All technical and graphic rights associated with CodersHive's project work belong to CodersHive, unless otherwise stated in the order.
9.2. After completion of the project, the right of use accrues to the Customer. CodersHive reserves the right to limit or withdraw this right.
9.3. All source code basically belongs to CodersHive. If the Customer wishes to possess the source code, this can be arranged, however without obligation, for a fee by CodersHive. The provided source code may not be used by third parties and may only be used for further development of the related project.
9.4. The source code and the project progress with everything that comes under this are permanently the property of CodersHive, unless otherwise specified in the order.
9.5. All use of source code or project progress without specific permission is a breach of the standard conditions and CodersHive will, if applicable, be entitled to compensation equivalent to USD 12.000 per violation.
9.6. If the use of source code or project progress continues to be used, CodersHive will be entitled to monthly compensation corresponding to USD 12.000 for each current month until the infringement ceases.
9.7. If the violations of use of source codes or project progress do not cease or if the compensations are not paid, CodersHive can use their right to terminate, cut off or cease the delivery (cf. 4.7)
10. PERSONNEL AND THIRD-PARTY PERSONNEL
10.1. All resources involved by CodersHive in a project are CodersHive's assets.
10.2. The customer undertakes to respect the workflow and conditions that CodersHive offers for resources mentioned in 10.1.
10.3. The customer must at no time acquire or seek out the mentioned resources (cf. 10.1) outside of projects.
10.4. Should the customer independently engage the third-party supplier outside of the contracted CodersHive project, CodersHive will be entitled to compensation.
10.5. If the customer independently engages an employee from CodersHive outside of the CodersHive project, CodersHive will be entitled to compensation equivalent to 75.000 USD.
10.4. If the customer behaves absently, racist, offensive or objectionable towards CodersHive resources and partners, CodersHive reserves the right to issue a warning. Should this happen again, CodersHive reserves the right to cancel the collaboration without compensation.
11. CONFIDENTIALITY AND REFERENCES
11.1. CodersHive employees as well as any third-party suppliers engaged by CodersHive undertake to observe full confidentiality and thus not to pass on confidential information about projects, persons or other sensitive information to persons who are not directly involved in the customer relationship.
11.2. CodersHive reserves the right to use completed tasks as references in future promotion, unless otherwise stated upon order acceptance.
12. FORCE MAJEURE
12.1. In accordance with force majeure, CodersHive is not responsible for non-delivery, delay or possible errors caused by external uncontrollable causes. If CodersHive is exposed to a possible situation, they assume the responsibility to inform the customer about this.
13. DISPUTES
13.1. Any dispute regarding the interpretation of this agreement or disputes arising in connection with its conclusion, implementation or termination shall be final and binding on the parties decided by CodersHive ́s home matter.