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Coditive Terms of Services

  1. General statements

    1. Before using Coditive’s services, the Client is required to accept these Terms of Service and the Privacy Policy (which is an attachment no. 1 to these Terms). By accepting these Terms, the Client agrees to abide by them and applicable laws.
    2. If an individual accepts these Terms on behalf of a Client (entity), they declare that they are authorized to represent the entity and enter into binding commitments, being of legal age and fully competent to do so.
    3. These Terms form a legally binding agreement between the Client and Coditive regarding the use of the Site and Services.
    4. Accessing the Site and using Coditive Services signifies acceptance of these Terms and the Privacy Policy.
    5. After Service delivery ends or if no cooperation is initiated, the Client must change the access credentials granted to Coditive (admin panel, FTP, hosting, databases).

  2. Definitions

    1. Developer – software developer, member of Coditive team.
    2. Due date – date on which the development work is ready for production deployment.
    3. Coditive – brand owned by Coditive Sp. z o.o., a company based in Poland, operating in compliance with the law of the Republic of Poland, with its office in Knurów, registered in the District Court in Gliwice, X Commercial Division of the National Court Register, under KRS number 0000907960, VAT No. PL9691643891, specialized in custom programming services.
    4. Site – Coditive website, accessible under the URL: https://coditive.com/ and https://pragmate.dev/ and all associated websites linked to the Site, which are operated by Coditive.
    5. Services – the services provided by Coditive in accordance with these Terms of Service, which include custom programming services (e.g. services consisting in creating and editing websites), educational, and consultancy services related to websites and web applications. As a Service it is understood also any other service and content that Coditive makes available to or performs for Clients, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
    6. Terms of Service – this document, specifying the terms and conditions of the use of the Site and Services as well as the rights and obligations of Clients and the Coditive.
    7. Client – an individual or entity which representant has reached the age of majority in his jurisdiction, with a full capacity to enter into legal transactions. The representant is acting on behalf of entity, which makes use of the Site in accordance with the Terms of Service. The Client can’t be a consumers (as defined in European Union regulations in force) and if (for any reason) such a consumer became a Client, all regulations from this Terms of Service which are less favorable to him than applicable law will not apply.
    8. Business day – means each day of the week, excluding Saturdays and public holidays in the Republic of Poland, between 8:00 and 16:00 (CET).
    9. User – a person visiting the Site.

  3. Inquiries

    1. Coditive prepares a Service Offer based on the Client’s inquiry submitted via the Contact page or otherwise.
    2. The Client must ensure that all information in the service inquiry is accurate, complete and not misleading, so that the Services may be accurately estimated and adequately performed.
    3. Coditive reserves the right to:
      1. Respond only to selected inquiries,
      2. Decline to provide Services at any time, retaining payment for completed work.
    4. Each inquiry is assessed based on Coditive’s hourly rate and scope of work required for the performance of the requested Services.
    5. Upon evaluation, an Offer is sent with Services description and the fee.
    6. If accepted, a detailed Order is issued, which becomes binding.
    7. Only services specified in the Order will be provided. Any additional Services not defined in the Order may be a subject to separate estimation; in that case Coditive would submit a new Offer to the Client.
    8. Work is deemed accepted if the Client raises no objections within 5 business days (or 3 business days for offers up to EUR/USD 1,000) from last communication with Coditive.
    9. Client may be asked to provide a review on the experience with the Services performed by Coditive, which Coditive may publish on pages that belong to Coditive, but is not required to respond.
    10. Coditive will not use Client’s server data beyond the scope of service.
    11. All Services available on the Site are for commercial use unless agreed otherwise.

  4. Payments

    1. Services require upfront payment or as specified in the Order.
    2. After the acceptance of the Order:
      1. For full prepayment: a link (URL) to the electronic Order form is sent to the Client. After acceptance of the Order along with the acceptance of these Terms of services and Privacy Policy by selecting the appropriate checkbox, Client downloads a proforma invoice with payment details.
      2. For installment payment, terms are indicated in the Order:
        1. a link (URL) to the electronic Order form is sent to the Client. After acceptance of the Order along with the acceptance of these Terms of services and Privacy Policy by selecting the appropriate checkbox, Client downloads a proforma invoice for upfront payment for the first Stage.
        2. remaining amount is due as per Order terms and shall be payable on the basis of a proforma invoice issued by Coditive.
    3. Payments may be made to Coditive’s bank account (specified in proforma invoice) or through online payments made available by Coditive. Invoices are issued upon receipt of payment and being credited to Coditive’s bank account.
    4. Failure to pay by the proforma deadline voids the Order and invoice. If the payment of any remuneration due Coditive is not credited to Coditive’s bank account, Coditive has the right to suspend the Services to the Client.
    5. All Services subject to the Order will be provided to the Client after the Client accepts the Order (along with the acceptance of these Terms) and after payment is credited to the Coditive’s bank account.
    6. No refunds are issued if the Client cancels after services have begun. Furthermore in that case Coditive has a right to issue an invoice for work done up to the moment of resignation. By resignation, the Parties also understand the lack of contact with the Client for a period of five (5) or more business days from the date of the last message sent to the Client by Coditive.
    7. Client must cooperate post-Order and is obligated to monitor and response to the conversation with Coditive on Basecamp or other communication system accepted by Coditive. Lack of response for 5+ business days may result in project suspension and provisions of point 4.6 shall apply. In that case the deadline indicated in the Order does not bind Coditive and any Services specified in the accepted Order may require a separate Offer.
    8. Coditive may change prices related to Services offered through the Site at any time; changes don’t affect already confirmed Orders.
    9. The fee specified in the Order includes taxes imposed by the Polish tax authorities and the payment service fee referred to in point. 4.3. All additional fees, including taxes and duties necessary to pay in the Client’s country of origin, are covered by the Client. The Client agrees to pay for any taxes that might be applicable to payments made to Coditive.
    10. Invoices don’t detail service specs (type, duration, frequency, and other technical parameters of individual Services performed for a Client) unless requested beforehand.
    11. By the purchase of any Package mentioned below, the Parties understand a situation when the payment of remuneration due to Coditive is credited to Coditive’s bank account. Prepaid packages must be used within:
      1. Time Package containing the Design or Programming Work, may be used no later than four months following the month in which the purchase of the Order containing the Package has occurred. Unused hours do not pass over the next months and do not accumulate.
      2. Monthly Package containing the Design or Programming Work, may be used no later than till the end of the month following the month in which the purchase of the Order containing the Monthly Package has occurred. Unused hours do not pass through the following months and do not accumulate.
      3. Consultation Package may be used no later than till the end of the month following the month in which the purchase occurred. Unused hours do not pass over the next months and do not accumulate.
      4. Mentoring Package may be used no later than two months following the month in which the purchase occurred. Unused hours do not pass over the next months and do not accumulate.
    12. The invoice regarding settlement of the Service may be reduced (in relation to proforma invoice) about the cost of fees charged by online payments operator.
    13. Invoices (accounting document that constitutes the basis for tax settlement) are sent in PDF format via email.

  5. Technical requirements for using the Site and Services

    1. Technical requirements concerning the use of the Site and Services are as follows:
      1. Internet connection;
      2. Browser with JavaScript and cookies enabled;
      3. Active email account.
    2. The client must provide hosting access that meets the standards outlined at https://wordpress.org/about/requirements/ (or as specified by Coditive) within 2 days of Order acceptance. If the Client fails to provide required hosting access or provides non-compliant hosting, the Contractor is not obliged to install, set up, or enable testing of the Website on the Client’s server. Instead, the Contractor will deliver the Website files as a downloadable archive via FTP and notify the Client by email, which will constitute delivery.
    3. The Client is responsible for ensuring their equipment and software meet the above requirements and support use of the Site and Services.
    4. During the Coditive’s service, the Client must not modify the Website or Application nor allow third parties (other than Coditive) to do so, as this may result in changes or data loss. If such actions are taken, the Client must provide a GIT environment to track changes.
    5. The Client must avoid any actions – including using systems, hardware, software, or networks connected to the Website or Application – that could damage or disrupt its operation during Coditive’s service.
    6. The delivered product is compatible with current versions (as of the date of acceptance of these Terms) of Chrome, Firefox, Edge, and Safari.

  6. Liability

    1. Coditive is not liable for content provided by the Client.
    2. Coditive may immediately, without notice, terminate the agreement or suspend Services if the Client breaches the law, these Terms, or any other applicable rules or agreements. In such cases, Coditive bears no liability to the Client.
    3. To the fullest extent permitted by law, Coditive is not liable for any disruptions to Websites or Applications accessed during service delivery, or for temporary outages caused by force majeure or unauthorized third-party actions.
    4. To the fullest extent permitted by law, Coditive is not liable for temporary Website or Application outages during service delivery, including those caused by new feature implementation or maintenance of IT systems used to provide access to the Site and Services.
    5. To protect the security or stability of the Websites, Applications, Site, or Services, Coditive may temporarily limit or suspend access without prior notice to perform maintenance. In such cases, Coditive bears no liability to the Client.
    6. Coditive is liable only for damages caused by willful misconduct or gross negligence. Liability for other damages, including lost profits, is excluded to the fullest extent permitted by law. Coditive’s total liability is limited to the gross fee received for the service or its part to which the damage relates.
    7. The parties exclude the application of warranty under Article 558 of the Polish Civil Code and Article 55(1) of the Copyright and Related Rights Act.

  7. Intellectual Property

    1. Unless otherwise agreed in writing, Coditive grants the Client a non-exclusive, unlimited license to use and modify the service deliverables, including by third parties, as needed for project development. This license does not allow resale or use of code elements outside the project. The license is granted subject to restrictions from Open Source software and WordPress usage rules (https://wordpress.org/about/license/), as well as other applicable licenses used in the services.
    2. All intellectual property rights of the Site belong exclusively to Coditive or their owners. Creative elements – including trademarks, logos, graphics, photos, videos, texts, and other signs – are protected by copyright and may not be used without prior permission. Third-party intellectual property accessible through the Site remains the property of its owners and is protected by copyright or other applicable laws.
    3. The Client may use the Site only as described in these Terms. Coditive grants a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Site via standard web browsers (Chrome, Firefox, Edge, Safari) as intended. No other rights are granted. The Client may not: (a) copy, modify, or create derivative works; (b) reverse engineer or attempt to access source code, unless allowed by law; or (c) sell, lease, sublicense, or transfer rights without Coditive’s consent. This license ends immediately if the Client breaches these Terms.
    4. Third-party products offered via the Website are governed by third-party licenses.
    5. Coditive does not claim ownership of content the Client shares through the Site. However, by posting content in public areas (e.g., blogs, forums), the Client grants Coditive an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, transferable, and sub-licensable license to use, store, modify, create derivative works, publish, display, perform, distribute, and incorporate the content into other works in any form or media, now known or developed later.

  8. Privacy & Personal Data Protection

    1. Coditive processes personal data as per its Privacy Policy (which constitutes an attachment and an integral part of this Terms of Service).
    2. Client confirms legal right to share such personal data.
    3. Client consents to data processing as per the Privacy Policy.

  9. Amendments

    1. Coditive may update these Terms to the extent allowed by law.
    2. Price changes do not affect previously confirmed and paid Orders.
    3. If these Terms of Service are modified, the Client will be notified via a notice on the Site’s homepage. Unless stated otherwise, changes take effect on the date set by Coditive. Continued use of the Site after that date means the Client accepts the updated Terms.

  10. Final Provisions

    1. Coditive and the Client remain independent entities, and nothing in these Terms of Service constitutes a partnership between or joint venture of Coditive and a Client.
    2. By accepting these Terms, the Client agrees that Coditive may transfer or assign its rights or obligations under them.
    3. The Client allows Coditive to use their name, logo, and a description of services (excluding service names and details) for promotional purposes, including on Coditive’s website, marketing materials, and ads.
    4. Questions or comments about these Terms can be sent via https://coditive.com/contact/ or by email to [email protected].
    5. These Terms and all matters related to their performance, interpretation, breach, or enforcement are governed by the laws of the Republic of Poland.
    6. Any disputes (excluding those involving consumers under EU law) related to these Terms shall be subject to the exclusive jurisdiction of the court in Gliwice, Poland.
    7. These Terms do not limit consumer rights guaranteed by law, which take precedence over any conflicting provisions.
    8. These Terms will be enforced to the fullest extent allowed by law. If any part is found invalid or unenforceable, it will be adjusted as needed to reflect the original intent and remain valid. This does not affect the rest of the Terms.
    9. These Terms of Service were originally written in Polish and may be translated into other languages. In the event of a conflict between a translated version and the Polish version, the Polish version shall prevail.
    10. These Terms of Service take effect on June 26th, 2025.

Attachments: Privacy policy