Terms of Site Usage and General Terms
The following Terms and Conditions (the “T&C”) may be updated from time to time and will be published on this website www.codexmart.net (the “Site”). This Site and its owner, Elite Shile LLC, may, from time to time, offer and promote services of other websites governed by different terms and conditions.
ACCESS TO THE SITE AND SERVICES
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Site, its Services, any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Site are protected by U.S. Copyright and Trademark laws. Except as expressly authorized by Elite Shine LLC or any relevant third parties, or as may be posted on the Site, you shall not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You shall not store any of the Content or the Services owned by or licensed to Elite Shine LLC in any form, whether archival files, computer-readable files, or via any other medium. You also shall not “mirror” or reverse engineer any Content or the Services on any other server. We permit you to download and print a reasonable number of copies of Content for non-commercial or personal use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to the Site and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by Elite Shine LLC or any relevant third parties on the Site containing the applicable Content. You acknowledge that Elite Shine LLC and/or any relevant third parties remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
Notwithstanding stated above, Elite Shine LLC hereby transfers and assigns to you the entire right, title and interest of Elite Shine LLC in and to all intellectual property made, discovered, invented, authored, created, developed, originated or conceived by Elite Shine LLC for you, solely or jointly, during the period of Services provision (the “Creations”) after you fulfill all your obligations towards Elite Shine LLC.
You covenant and agree that you shall not provide any information, data, software, tools and other materials in which a third party has a proprietary interest for use in the Service provision and/or inclusion in the Creations unless such third party intellectual property is properly licensed for such use.
OFFENSIVE CONDUCT POLICY
We wish for all of our Users to have a pleasant experience while visiting this Site. Accordingly, the use of hateful, offensive, profane, racist, sexist, vulgar, or otherwise inappropriate conduct or language on this Site is not permitted and will not be tolerated. Additionally, we will not perform Services for any User whose content includes, promotes or distributes material reasonably considered to be illegal as well as content which promotes terrorism, hate crimes, or other objectionable material. Elite Shine LLC does not permit the posting or publication of material that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material. Elite Shine LLC reserves the right to refuse service to anyone posting or publishing such materials without notice or further justification. Elite Shine LLC reserves the right to reject, remove, or otherwise exclude any such language from use on this Site. Moreover, Elite Shine LLC reserves the right to prevent any User who is in violation of these T&C from making future postings on this Site.
DISCLAIMER OF WARRANTY
THE USER AGREES THAT, EXCEPT AS OTHERWISE MIGHT BE EXPLICITLY PROVIDED HEREIN, ACCESS TO THE SITE, AND USE OF THE SERVICES IS AT THE USER’S OWN RISK. NEITHER Elite Shine LLC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AFFILIATES, OR AGENTS (THE “REPRESENTATIVES”) WARRANT THAT THE SERVICES MAY BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY, OR CONTENT OF THE SERVICES. ALL SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL Elite Shine LLC OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF Elite Shine LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USER’S USE OF OR INABILITY TO ACCESS THE SITE, OR TO USE ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Elite Shine LLC’S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES Elite Shine LLC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, NOT TO EXCEED THE AMOUNT PAID FOR THE SERVICES.
NOTHING IN THESE T&C SHALL AFFECT THE STATUTORY RIGHTS OF ANY USER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD ON THE PART OF Elite Shine LLC.
You agree to indemnify and hold Elite Shine LLC and its Representatives, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by you through the Site, your use of the Services, your connection to the Services, or your breach of these T&C.
All inquiries into alleged trademark or copyright infringement on the Site or its Services should be directed to Elite Shine LLC. 16192 Coastal Highway, Lewes, 19958.
LOCAL LAWS; EXPORT CONTROL
Elite Shine LLC controls and operates this Site from its headquarters in the United States and makes no representation that the Content, the Services and the Creations are appropriate or available for use in other locations. If you use this Site and its Services from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Elite Shine LLC also disclaims responsibility for any User attempting to do business with this Site from countries with which the United States has specifically banned trade and commerce, such as Cuba, Iraq, Syria and others as listed on the U.S. Department of State’s website. Elite Shine LLC will not provide any Services for a User domiciled or doing business from any barred country. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site and the Services comply with the laws of the United States.
By accessing the Site, you agree to the above stated T&C. This agreement is entered into in the State of Delaware and shall be construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules. Each party to these T&C submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Delaware, Clark County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these T&C, the prevailing party will be entitled to court costs and reasonable attorneys’ fees. In the event that any provisions of these T&C are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these T&C shall otherwise remain in full force and effect. These T&C and any posted guidelines or rules applicable to this Site and the Services subject to this agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of these T&C through our contact form.
Terms of Service Usage
We currently offer special flat rates for front-end development projects for the new clients, they are available at our order page; fixed rates for Email Template coding, and custom quotes for complex front-end and CMS-based projects based on the rates of $35 – $45 / hour depending on the complexity of the project and the skills required to accomplish it.
Additional charges may apply depending on the project complexity (e.g. in the case of single-page sites with complex UI / UX, infinite scrolling or web pages longer than 2000px). We reserve the right to amend our pricing for any changes or additions to the project subsequent to our commencement of the project. We also reserve the right to revise the quote or refuse to work on a project and issue a refund in case an actual scope of work required for the project completion substantially exceeds the flat rate amount paid.
Expedited delivery service is available for extra charge.
Development Team: 8:00am – 5:00pm GMT / 3:00am – 12:00pm EST
Development Consultants and Live Chat Support: Monday-Friday, around the clock, with a 6-hour break: 11:00pm – 5:00am GMT / 6:00pm – 12:00am EST
The Development Consultants provide the quote & ETA within 1 hour for markup and within 3 hours for implementation / development according to the schedule above.
The standard turnaround time for the first page of non-responsive HTML / CSS layout usually takes 6 working hours and 9 hours for the responsive one. Each additional / inner page associated with the same project generally takes 3-4 working hours, depending on the complexity and specifications of the project.
The delivery timeline takes effect at the time that (1) payment has been made for the order and (2) the order details have been accepted and agreed upon by you and Elite Shine LLC. The order is considered to be commenced at the time Elite Shine LLC project manager gives you the estimated delivery date; you can track your order status in the Client Area of this Site.
Default acceptance criteria are applicable to all projects and all project stages. A delivery is considered accepted if:
- Client approves a delivery in the order thread in the Client Area of this Site; or
- Client does not send any feedback/change request within fourteen (14) days for markup project and within thirty (30) days for CMS integration / development projects; or
FIXES / UPDATES AND POST-DELIVERY SUPPORT
We provide all fixes (if any) for free until the project is accepted according to the “Acceptance” paragraph.
Paid updates / changes are available upon requests.
Any updates for accepted implementation / development projects delivered over thirty (30) days prior to the request are subject to a deposit of three hundred (300) USD. This includes eight (8) man-hours of project manager and / or developer time and is valid for the next thirty (30) days only.
All further updates are charged at forty (40) USD per hour.
A full refund will be considered based on the following reasons:
- Client’s order cannot be completed;
- Client’s request to cancel the order is received before the development is started.
A partial refund will be considered based on the following reasons:
- Client is not reasonably and legitimately satisfied with the quality of the code or service and provides a comprehensive proof / explanation of the matter;
- Client is not satisfied with the resulting product upon a review on our test server. A refund may be issued upon the confirmation of both parties, and upon the clearance of all details related to the refund.
If the order is completed according to the specifications of Client, some minor errors should be deemed acceptable and cannot be a reason for full or partial refund.
Payments will be charged on a prepay basis on the day that the order is created. Refunds are provided under certain circumstances, as set forth in paragraph “Refund Policy”.
Whenever post-payment is available, by confirming the order, Client agrees to pay the agreed-upon amount for the Services.
We reserve the right to refuse to work on any project, without the need for providing justification therefore. We will not provide Services for any project or potential Client for content which is offensive, illegal or which contains illicit or infringing material.
Client is fully responsible for the provision, exploitation, maintenance and use of all content, provided by him, including, but not limited to, issues related to:
- correspondence of Client’s content to provisions of laws about copyright protection of all applicable jurisdictions;
- any claims, related to the content;
- immediate reaction for notices to Client (or affiliated persons) by any person, claiming that Client’s content is infringing the rights of such person.
Client shall indemnify and hold Elite Shine LLC and its Representatives harmless from any losses, claims, obligations or other liabilities related to or arising out of the foregoing.
CONSENT TO RECORDING OF CONVERSATIONS
We inform you that any conversation you have with any Representative of Elite Shine LLC may be monitored and recorded for quality assurance purposes. If you do not wish to have a conversation recorded you must alert such Representative to cease recording the conversation. Your continued participation in a conversation without expressly requesting for the conversation not to be recorded shall serve as your express consent to have the conversation monitored and recorded.
TERMS AND CONDITIONS