These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
Hosting Service Level Agreement
This Hosting Service Level Agreement (“Agreement”) is a contract between the person or entity using the Company’s Services (“Customer”) and Coded Commerce, LLC (“Company”) and applies to Customer’s use of the Company’s Services. Customer must read, agree with and accept all of the terms and conditions contained in this Agreement. The Company may amend this Agreement at any time by posting a revised version on its website.
For purposes of this Agreement, the services to be provided by the Company (“Services”) are those services which Customer requested be supplied by the Company and for which Customer agreed to pay based on Customer’s clicking through the options on the Company’s website.
2. Technical Support.
The Company provides Customer with technical support on setup of Customer’s account on one or more of the Company’s servers, access, and other server related issues to the primary technical contact free of charge. The Company does not provide free support for components from third parties or developed by Customer.
The Company’s servers are monitored 24 hours per day, 7 days per week, 365 days per year and support agents are available by email as posted in the support section of the Company’s website. Please send us a message with the full description of the problem and Customer’s domain name. Please do not send multiple messages on the same issue.
3. Servers Availability.
The Company is fully committed to providing quality service to all customers. To support this commitment, the Company provides the following commitments and tools related to this Agreement.
3.1 Application (Web) Server.
(a) Availability. The Company guarantees a 99.9% monthly average of scheduled availability of its Application (Web) Servers. Application (Web) Server availability is defined as Customer’s ability, via web browser, to retrieve the HTTP headers from a hosting server. The Company does not monitor availability of individual web sites but only monitors the server availability as a whole.
(b) Monitoring. To verify that the server is available, the Company will ping the HTTP service on the server by retrieving HTTP headers every 5 minutes with a 30-second threshold. If an HTTP service does not respond, the server is considered non-operational and is automatically rebooted. If rebooting the server does not solve the problem, it is immediately escalated to the Support Center.
In cases where two or more consecutive HTTP tests fail, the server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than 5 minutes in duration is not recorded. The Company calculates server uptime based on this type of server monitoring.
3.2 Network Availability.
Network availability is defined as the Company’s network’s ability to pass incoming and outgoing TCP/IP traffic. A server’s unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customer’s portion of the network are beyond the Company’s control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Company’s control and are not included in uptime calculations.
3.3 Scheduled Maintenance.
To guarantee optimal performance of the servers, the Company will perform maintenance on the servers on a routine basis. Such maintenance often requires taking Company servers off-line. Company reserves two hours of server unavailability per month for maintenance purposes. This server unavailability is not included in server uptime calculations. The maintenance typically is performed during off-peak hours. Company provides Customer with advance notice of maintenance whenever possible.
3.4. Penalty For Non-Compliance.
(a) Application Server Availability. Upon Customer’s notice to the Company, if availability of any server for the month is below the guaranteed level, the Company will refund to Customer, according to the schedule below, a portion of the monthly fees charged for the month during which such loss of server availability occurred:
- Server availability 99.0% – 99.9%: 5% of monthly fee credited
- Server availability 98.0% – 98.9%: 10% of monthly fee credited
- Server availability 95.0% – 97.9%: 15% of monthly fee credited
- Server availability 90.0% – 94.9%: 25% of monthly fee credited
- Server availability 89.9% or below: 2.5% credited for every 1% of lost availability
To receive the refund, Customer must specifically request it during the month following the month for which the refund is requested. Customer must provide all dates and times of server unavailability along with Customer’s account username. This information must be submitted to the Company Support Department. The Company will compare information provided by Customer to the server availability monitoring data that the Company maintains. A refund is issued if the unavailability warranting the refund is confirmed.
(b) Maximum Total Penalty. The total refund to Customer for any Service shall not exceed 50% of the monthly fees charged to that Service during the month for which the refund is to be issued.
(c) Credits may not be issued if Customer account is past due, suspended, or pending suspension.
4. Server Storage Capacity.
Each account is allotted storage capacity on the Company’s servers according to the plan or options selected by Customer. This storage size can be increased through the online control panel for an additional charge up to the maximum amount allowed for each plan or service, as described on the Company’s website. The servers may stop accepting, processing, or delivering data when the purchased limit is reached, thus causing server unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.
5. Ownership of Data.
6. Data Integrity.
The Company employs sophisticated RAID techniques to ensure the integrity of the data on its servers, and the data is written to two disks simultaneously to prevent data loss in the event of hardware failure. The Company reserves the right to place accounts on non-RAID servers as necessary. Routine backups are performed for emergency recovery purposes only. THE COMPANY SHALL NOT RESTORE THE DATA UPON CUSTOMER’S REQUEST. Web server raw log files are not included in the backups and cannot be recovered during server restoration.
In the event of data corruption, hardware failure or other data loss, the Company will make efforts to restore lost or corrupted data from server backups. The Company shall not be responsible for lost data or site content. The Company recommends that Customer maintain a local copy of all data uploaded or stored on the Company servers.
7. Data Retention.
THE COMPANY SHALL NOT RETAIN ANY OF CUSTOMER’S DATA AFTER ACCOUNT TERMINATION. ALL DATA IS DELETED (A) FROM THE SERVERS AT THE TIME THE ACCOUNT IS TERMINATED AND (B) FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION. THE COMPANY SHALL NOT RESTORE, “BURN” TO CD, OR SEND OUT ANY DATA PERTAINING TO TERMINATED ACCOUNTS.
8. Customer Responsibilities.
To access the Company Services Customer must provide to the Company the following minimum requirements:
(a) an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
(b) a fully functional Internet browser;
(c) tools to develop and publish content as Customer deems necessary;
(d) tools to access database servers if such services are purchased by Customer as part of the Services.
9. Privacy Statement.
Cancellation, refund, and chargeback policy
All sales are final. Coded Commerce, LLC sells digital products, service based virtual products and subscriptions, and customized hourly services for eCommerce website development.
Hourly services are evaluated individually to estimate the total project cost based upon the unique needs of each client. A detailed contract must be signed and returned with the deposit so that both parties are clear of all requirements before proceeding. A contract must be adhered to once a signed agreement is complete. If you accept a contract but fail to follow through with a project, we retain the right to bill you for time taken for any work hours completed.
Coded Commerce, LLC may accept a refund request in some cases, at our discretion. An instance where we would accept a request for a refund would be if the parties are unable to work together in a communicative and professional manner or if creative differences force an end to all work. If this is the case it will always be if the amount of time put towards the job is less than the total amount paid for the job. If this is the case, the remaining monies left after billing for all hours to date can be refunded to the client within 14 days and all work will cease.
If we receive a chargeback or payment dispute from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening a dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
License to use website
Unless otherwise stated, Coded Commerce, LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out elsewhere in these terms and conditions.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Coded Commerce, LLC’s express written consent.
Digital products terms and conditions
Please review additional terms and conditions within the product descriptions of certain digital products. By using this website and agreeing to these terms and conditions, you also agree to any additional terms and conditions attached to a digital product you may purchase.
Access to certain areas of this website is restricted. Coded Commerce, LLC reserves the right to restrict access to areas of this website, or indeed this entire website, at Coded Commerce, LLC’s discretion.
If Coded Commerce, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Coded Commerce, LLC may disable your user ID and password in Coded Commerce, LLC’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Coded Commerce, LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Coded Commerce, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Coded Commerce, LLC or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Coded Commerce, LLC reserves the right to edit or remove any material submitted to this website, or stored on Coded Commerce, LLC’s servers, or hosted or published upon this website.
Notwithstanding Coded Commerce, LLC’s rights under these terms and conditions in relation to user content, Coded Commerce, LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Coded Commerce, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Coded Commerce, LLC does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, legal, financial, or medical advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Coded Commerce, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Coded Commerce, LLC has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Coded Commerce, LLC’s liability in respect of any:
- death or personal injury caused by Coded Commerce, LLC’s negligence;
- fraud or fraudulent misrepresentation on the part of Coded Commerce, LLC; or
- matter which it would be illegal or unlawful for Coded Commerce, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Coded Commerce, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Coded Commerce, LLC’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Coded Commerce, LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Coded Commerce, LLC.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Coded Commerce, LLC and undertake to keep Coded Commerce, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Coded Commerce, LLC to a third party in settlement of a claim or dispute on the advice of Coded Commerce, LLC’s legal advisers) incurred or suffered by Coded Commerce, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Coded Commerce, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Coded Commerce, LLC may take such action as Coded Commerce, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Links to third party websites
You acknowledge and agree that Coded Commerce, LLC is not responsible for the appropriateness, accuracy or availability of information or other content provided by web sites linked to or from this website.
Links to external web sites do not constitute an endorsement of the sponsors or operators of such sites or the content, products, advertising or other materials presented on such sites. Coded Commerce, LLC does not author, edit, or monitor these other sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources. Your connection to and use of any such linked web site is at your own risk.
Certain services and features offered through this website are provided by outside third parties. While this website provides a link to these services, Coded Commerce, LLC has no control over these services or the companies that provide them.
You understand and agree that Coded Commerce, LLC is not responsible in any way for your use of these services provided by third parties and that your use of such services is subject to the terms and conditions established by such third parties.
Coded Commerce, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Coded Commerce, LLC may transfer, sub-contract or otherwise deal with Coded Commerce, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with governing law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of California.
Coded Commerce, LLC is registered in California under registration number 201814510498.
Coded Commerce, LLC’s address is 7137 Shoup Ave Unit 34 West Hills, California 91307 USA.
You can contact Coded Commerce, LLC by phone at +1-818-835-5960 or by email using the contact form.