Terms and Conditions
Please review carefully the terms and conditions set forth below before using the CodeXPlace.com web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to CodeXPlace.com / CodeXPlace. The CodeXPlace.com web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. CodeXPlace.com may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the CodeXPlace.com web site constitutes your agreement to all such terms, conditions, restrictions and notices. Note: For purposes of this agreement, Users are classified as Service Buyers or Service Providers, or Buyers or Providers, respectively.
1. ELIGIBILITY FOR REQUIREMENTS
CodeXPlace.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. CodeXPlace.com's web site is available only to individuals who can form legally binding contracts under applicable law. The services of this web site are not available to minors. If Users do not qualify, they cannot legally use any of CodeXPlace.com's services including, but not limited to, those that require the User's ability to form legally binding contracts.
2. REMOVAL FROM NETWORK
CodeXPlace.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that CodeXPlace.com judges to be in violation of the Terms and Conditions.
Members in violation of CodeXPlace.com's Terms and Conditions will be immediately deactivated. CodeXPlace.com may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from CodeXPlace.com. Members that are terminated by CodeXPlace.com on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from CodeXPlace.com.
3. DESCRIPTION OF SERVICES
CodeXPlace.com offers a wide range of tools, content, products, services, benefits, and other resources on its CodeXPlace.com web site of particular interest to providers and to enable providers to efficiently and cost effectively manage their careers, professions, and businesses. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part), access to this service or use of this service.
Some of the services offered at CodeXPlace.com may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. User understands and agree to the following:
Some of the content provided at CodeXPlace.com may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that CodeXPlace.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
CodeXPlace.com is a dynamic time-sensitive web site. As such, the information on CodeXPlace.com will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by CodeXPlace.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
CodeXPlace.com provides unmonitored access to third-party content. CodeXPlace.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. CodeXPlace.com does not control nor always review the web sites to which we link from CodeXPlace.com. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from CodeXPlace.com, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
CodeXPlace.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. We expect that the User will undertake necessary activities and practices and will use caution and common sense when using CodeXPlace.com for User's account.
4. REFERRAL COMMISSIONS
The referral commission paid out will be the one listed on the Affiliate Activity page. You may not refer yourself, nor sign up for multiple accounts to collect referral fees. You may also not partner with any other CodeXPlace.com user to share/transfer the commission made from your own account, or else both parties will be kicked from the service without payment. CodeXPlace.com reserves the right to delay or cancel sending affiliate earnings if we believe the referred user will not pay the fees they were charged, since affiliate commissions are based on those fees.
5. PAYMENTS
CodeXPlace.com will typically print and mail cheques if the member requests it AND their account balance is equal to or greater than $30. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds. CodeXPlace.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen creditcard) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your CodeXPlace.com account or face account termination.
As previously stated, any member site that CodeXPlace.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment.
6. E-MAIL ADDRESSES
Members agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by CodeXPlace.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, SKYPE, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason.
7. PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another member, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. CodeXPlace.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects. If a project has the "Featured" graphic on it, that means the Service Buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board.
8. AVOIDING COMMISSIONS
You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of CodeXPlace.com) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a Service Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying CodeXPlace.com if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a Service Provider requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Service Provider has failed to notify CodeXPlace.com staff of a payment received above the amount of his bid (a total payment above US$100), CodeXPlace.com reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on CodeXPlace.com.
9. COPYRIGHTS
No copyrighted material can be posted on CodeXPlace.com. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.
10. USER CONTENT
User is solely responsible for content or any other information User provides to CodeXPlace.com. User understands and agrees to the following:
CodeXPlace.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. CodeXPlace.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for CodeXPlace.com, harm our business operation or reputation, or cause CodeXPlace.com to lose the services of our suppliers.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
By submitting User content to CodeXPlace.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a Project; sending messages through or to CodeXPlace.com). You hereby grant to CodeXPlace.com a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of CodeXPlace.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
11. USER RESTRICTIONS
Users are prohibited from advertising your website on CodeXPlace.com. Any URL posted in a bid, project description, or the message board, must relate to a project on CodeXPlace.com. An example of a permissible URL: User's portfolio or resume' page.
11.2. Bidding
Service Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Service Buyers too. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids. The only exception, for both Service Buyers and Service Providers, is when the project is featured. See featured project information at page.
11.3. Buyer agrees that:
- Buyer will not redistribute any of the content on CodeXPlace.com.
- Buyer will not use Buyer's Account to post false or misleading project descriptions. Buyer will not post project descriptions that are inappropriate to CodeXPlace.com's audience, viewers, or visitors in the judgment and discretion of CodeXPlace.com.
- Buyer agree to pay featured project fee if project posted should have been posted as featured.
- Buyer will not falsify Buyer's own or any other identity.
- Buyer will comply with all CodeXPlace.com's policies.
- Provider will not redistribute any of the content on CodeXPlace.com.
- Provider will not falsify Provider's own or any other identity.
- Provider will comply with all CodeXPlace.com policies.
- Users (Buyers and Providers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the CodeXPlace.com web site or the content contained therein without the prior written permission of CodeXPlace.com.
- Users (Buyers and Providers) will not distribute unsolicited commercial messages ("spam") through User's account.
- Users (Buyers and Providers) will not contact employers or providers through our site or through information gained from our site with the intent of subverting them from using our services.
- Users (Buyers and Providers) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
- Users (Buyers and Providers) will not create multiple user accounts to avoid fees, suspension or bad ratings on CodeXPlace.com.
- In the event of any dispute between a Buyer and a Provider regarding a project awarded within the Site, either the Buyer or the Provider may request Dispute Resolution Services through CodeXPlace.com. We will then notify both the Buyer and the Provider that the matter will be addressed through the Dispute Center.
- Once a dispute arrives at the Dispute Center, both parties are given 14 days to come to a mutual agreement. Percentages of work are requested and evidences can be uploaded throughout the whole process.
- Whenever a new percentage is provided and evidences are uploaded by a Party, the responding Party is instantly notified and has 5 days to reply with a percentage and more evidences. If a Party fails to react within 5 days or if both Parties involved do not come to a mutual agreement within 14 days, the dispute is immediately forwarded to the CodeXPlace.com team, which will then be responsible for resolving the dispute within the next 20 days.
- You agree and acknowledge that (a) CodeXPlace.com is not providing legal services, (b) CodeXPlace.com will not advise you regarding any legal matters and (c) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on CodeXPlace.com for any such counsel. You agree to indemnify and hold harmless CodeXPlace.com and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Center.
If you initiate an excessive number of Disputes, CodeXPlace.com reserves the right to request clarifications, deny the dispute resolution request, and ultimately, suspend or terminate your Account immediately upon giving notice to you.
When upgrading to Premium membership program, Users start benefiting from several advantages. Membership prices and advantages are described on the Site. When a membership program is purchased the fee is paid on monthly basis. No refunds of fees already paid will be given.
CodeXPlace.com reserves the right to change membership fees and its advantages, upon reasonable notice posted in advance on this Site.
14. ADDITIONAL PROJECT FEATURES POLICY
These are some additional project features are available when Service Buyers create a project and these are optional.
- Featured / Premium Project with cost of $15
15. PROJECT COMMISSIONS POLICY
It's free to join CodeXPlace.com! We only charge a small commission. For regular projects that are closed Service Buyers will have to pay $5 or no fee (For Premium Buyer) and Service Providers will have to pay 10% or 5% (For Premium Provider). A project will be featured for a fee of $15 upfront, paid by the Service Buyer. If the project is featured / Premium there will be no other charges as with regular projects.No refunds of fees already paid will be given.
CodeXPlace.com reserves the right to change project fees, upon reasonable notice posted in advance on this Site.
16. CONTACTING CUSTOMER SUPPORT
If you wish to report a violation of Site Policies, have any questions or need assistance, please contact us our Customer Support.
We thank you for choosing the CodeXPlace.com platform and we look forward to build a mutually successful business relationship.