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Terms and Conditions

The present Terms and Conditions regulate the Use of all SOTAcode’s products and services, including the “sotacode.com” website and its content. 

Terms and Conditions

Welcome to SOTAcode!

OVERVIEW

This website is operated by SOTAcode. Throughout the site, the terms “we”, “us” and “our” refer to SOTAcode. SOTAcode offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Nazwa.pl Inc via Woocommerce. Woocommerce provide us with the online e-commerce platform that allows us to sell our products and services to you.

BY USING SOTACODE’S WEBSITE (INCLUDING ITS CONTENT) AND/OR PRODUCTS AND/OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS THAT FOLLOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR YOU DO NOT WISH TO BE BOUNDED BY THEM, DO NOT USE SOTACODE WEBSITE, PRODUCTS OR SERVICES.

TERMS OF SERVICE

The SOTAcode’s website, its contents, products and services are available to all individuals of legal age, who are legally capable of entering into contracts (binding agreements). Proof of compliance to these criteria may be requested upon access to all (or some) services and/or products, in the form of identification details or contact information.

These Terms of Service are established between Us and Users. No other person is entitled to benefit under these.

If any court or regulator decides that any provision of these Terms of Service is invalid or otherwise unenforceable, such provision shall be severed and deleted from these TOS and the remainder terms and conditions shall continue to have full force and effect.

If TOS are inconsistent with the terms and conditions noted on Your registration with SOTAcode (if applicable) the TOS shall prevail, unless otherwise specified on additional documentation supplied by SOTAcode’s Customer Care department.

1. Definitions

Wherever found in the Terms and Conditions, ”You”, “Yourself” and “User” refers to you, the user of the SOTAcode’s website, its contents, products and services, and “Your” shall be interpreted accordingly. Moreover, “We”, “Us” and “SOTAcode” refer to SOTAcode and “Our” and “SOTAcode’s” shall be interpreted accordingly. “User Information” refers to the personal details that may be collected by Us on sotacode.com and/or in the course of the registration and/or acquisition to/of any  SOTAcode’s services or products. “Our Website” refers to the website “sotacode.com” and all webpages associated to it. However, “SOTAcode Site” refers to Websites of Our Users, hence created using the systems of SOTAcode. “Third Party” refers to any person/entity/company that are not associated to SOTAcode.

2. Services Available

2.1 Website Design and Development

SOTAcode’s core service is WordPress Website design and development. We also provide free hosting with it. You can find all specifications regarding the packages on the Website Design page

All of the services have a set price or a range of prices, according to the characteristics of the work required and the time devoted to accomplish it. These prices may be subject of adjustments to take into account market changes, or be temporary substituted by special/promotional prices. The values are set in the local currency, or in United States Dollars (USD) or Polish Zloty (PLN). 

2.2 Website Care Plans

SOTAcode’s core service is WordPress Website care plans. This is our subscription based feature, to which  we also provide free hosting. You can find all specifications regarding the packages on the Website Care Plans page. 

All of the services have a set price or a range of prices, according to the characteristics of the work required and the time devoted to accomplish it. These prices may be subject of adjustments to take into account market changes, or be temporary substituted by special/promotional prices. The values are set in the local currency, or in United States Dollars (USD) or Polish Zloty (PLN). 

2.3 Chatbot Marketing 

Chatbot and ad management for your project, contract is signed upon a service and is negotiated individually.

3. SOTAmarket Products

All of the services have a set price or a range of prices, according to the characteristics of the work required and the time devoted to accomplish it. These prices may be subject of adjustments to take into account market changes, or be temporary substituted by special/promotional prices. The values are set in the local currency, or in United States Dollars (USD). To review Our price table please click here.

3.2 Acquisition of Premium Services

All of Our Premium services are available at the Administration of Your project, but can also be accessed by contacting us. For further information or to purchase one of Our Premium services, You can contact Our Customer Success department.

4.Domains and Hosting

4.1 Free Hosting with Website Design

SOTAcode intervenes solely as a Technical Administrator and interface (agent) between You and the organization that allocates the domain name and hosting. We operate as a reseller of that service, but cover the costs of the transaction. 

However, if You (the owner of the domain) decide not to renew the domain or hosting, SOTAcode is not responsible for any problems or issues that may occur as a result of or after the domain or hosting expired. Also, please be advised that not all domain types have a waiting period, hence if You do not renew the domain, You may lose the domain name to another Internet user. Every domain is by default locked for transfer. It can be unlocked at the request of the owner.

General information on gTLDs (generic top level domains – e.g. com, net, org) can be found here: https://www.icann.org/resources/pages/educational-2012-02-25-en

More information on rights and responsibilities of gTLD owner can be found here: https://www.icann.org/resources/pages/benefits-2013-09-16-en

4.2 Domain Renewal and Expiration

The domain may be renewed from the date of the purchase until the day prior to the expiration date stated in the administration of the project. The expiration date refers to the day that Your domain will become invalid, hence will cease to function.

Prior to expiration, SOTAcode will notify the registered name holder of the expiration at least two times. The first time approximately three months prior to expiration and a final time approximately one week prior to expiration. SOTAcode will also send an expiration notification within 24 hours after the expiration date of the domain.

Domain Renewal is considered paid when the Payment date precedes the expiration date. The payment date is set when the chosen payment entity (i.e., payment method provider) confirms the successful arrival of the payment. If Domain Renewal is not paid on time, the domain falls into the Quarantine. It is possible to redeem the domain from the quarantine, but an administrative fee will be charged. Renewal of gTLD from redemption grace period costs up to 49.95 USD and restore prices are up to 150 USD. Restore prices for other TLDs may vary, starting at 150 USD.

4.3 Cancellation of Registration

The domains are the property of who acquired them right from the moment of completed purchase; hence it cannot be revoked and reimbursement is, therefore, unfeasible.

5. Contract and Contract Revocation

5.1 Contract

A binding contract is initiated between You and SOTAcode, at the time You order a service and it will be uphold once the payment is successfully completed. “Successfully completed” is defined as full amount was paid and an invoice is available in the Administration of Your SOTAcode account, under “Back office” in the “Purchased services and billing section”. There is a “refundable period” of 15 days in which You can request for cancellation of the service. However, this process follows a specific set of criteria and rules (please refer to Paragraph 6.5).

5.2 14 Day Money Back Guarantee

Revocation of any service can be requested at any time if You do not intend to obtain the refund of paid fees. Also, revocation, acquisition of services, and request for changes in current services (i.e., whatever affects the functionality of Your project) must be presented by You (the owner of the project) in written form (by email), and from the email address used to register the project.

5.3 Duration of the Contract

The acquisition of website packages has a length of 1 month up to 3 years of contract. There is no mandatory contract duration – you can choose to go month-to-month. Domains have a minimum of 1-2 years (depending on provider’s conditions) and a maximum of 10 years of contract. For the remaining services, unless it is otherwise notified upon purchase, the contract ends once the service is provided.

6. Payments/Fees and Refunds

6.1 Methods of Payment

Premium services can be paid by Credit Card, PayPal, bank transfer, wire transfer, and other country-specific payment methods (including direct deposit on SOTAcode’s bank account).

In the case of bank transfers, all the information necessary is available on the Service order form or in the Checkout phase of the SOTAmarket. Also, please notice that the surcharges resulting from the bank transfer are supported by You, not by SOTAcode.

Note: You are responsible to fill in Your information on the payment request. Please make sure that all fields are completed and that all data supplied is accurate. SOTAcode is not responsible for uncompleted requests due to wrong or insufficient User-information.

6.2 Payment processing

If You use Your credit card or PayPal to make a purchase, you authorize SOTAcode (either directly or through its affiliates, subsidiaries or other third parties) to collect the payment from Your card or account. We will store Your payment information during the checkout process for future use, making the automatic renewal and purchasing other services faster and more convenient. All payment processing is secure and PCI-compliant.

6.3 Recurrent Payment (Automatic Renewal)

If You use Your credit card or Paypal to make a purchase, automatic renewal may be available in some cases. The frequency of renewal can be monthly or yearly, depending on the type of payment that You selected. For yearly-based renewals, the amount is charged prior to the expiration date of the package.

The automatic renewal can be cancelled at any time in the “Administration” of Your project. You authorize SOTAcode to withdraw payment for services from your card or account until you cancel automatic renewals.

6.4 Payment Date and Activation Date

The payment date is set upon confirmation of successful reception of the amount in question by the payment entity chosen (i.e., payment method provider). Regarding payments made with Credit Card or through PayPal, the amount is deducted immediately from Your account. In addition, payment date and activation date are the same, unless the recovery of the fully paid order has to be done manually. In this case, the activation may be delayed for several days.

6.5 Requests for Refund

All Premium services, except for domain registration, are refundable within 15 days from the date of activation. The refund is possible only for Your first purchase of Premium services. SOTAcode will not refund any subsequent purchases, including the Automatic Renewal of services carried out by Recurrent Payment. Please note that vouchers are not refundable in any way or form.

It is not possible to refund already registered domains. In case You received a voucher for a free domain with the purchased Premium package and You request the refund after your domain has been registered, the amount refunded will be equivalent to the price of the package excluding the value of the domain.

If – in case of online advertising campaigns – a third party (Google) decides to block the created campaign due to questionable product/service the campaign offers, it is not possible to request a refund. In such case, SOTAcode is not responsible for the potential financial loss of the User.

To request contract revocation, You must send an email to Our Customer Care department (please refer to Article 5).

For cancellation of website packages within the 15-day period, no justification is necessary; though it is encouraged as We use it as an information source.

In the case of authorized request to cancel any Premium service, except for website packages and domain registrations, You must provide a reason for the cancellation. For all cases mentioned above, the reasons that may trigger a refund are:

  • (a) Full termination of all services;
  • (b) Repeating technical issue with the service, that impairs the normal function of Your project;
  • (c) Failure to provide service that was paid in full (with confirmation of payment).

Note: SOTAcode reserves the right to review the cancellation reason You stated and to decide upon acceptance or denial of Your request.

6.6 Date and Method of Refund

Refund of the fees paid will take place up to 60 days starting from the date of SOTAcode’s notification of refund, and will be processed through the same payment method (except in the case of direct deposit) or by a non-refundable reimbursement voucher. The deactivation is done at the same time as the refund.

7. Acceptable Usage

“Acceptable Usage” of SOTAcode’s website, its contents, products and services is defined in Paragraphs 7.1 through 7.8. Activities that go against or are otherwise forbidden by these paragraphs are, therefore in violation of the TOS and make You liable to disciplinary action and legal prosecution. For more information, please refer to Article 10.

7.1 Content

You will not post on nor distribute through the SOTAcode Site any materials that are of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on Our rights or on the rights of others (including but not limited to intellectual property rights, confidentiality rights and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience on Us or others. Moreover, You may not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We encourage Users to treat each other in a respectful and polite manner.

7.2 Ownership of Content

You will not post nor otherwise make available on SOTAcode Site any material which You do not own, without the express consent of the lawful owner of the material in question.

7.3 Participation in Events

You will abide by the rules of any competition, promotion or marketing campaign that You participate on Our Website.

7.4 Interference

You will not engage in any behavior or action that may affect the operability your project & the security of SOTAcode Websites nor will You cause unreasonable inconvenience nor disruption to Our staff.

7.5 Identity

You will not impersonate any person/entity, nor misrepresent Your affiliation with a person/entity.

7.6 SPAM

You will not promote Your SOTAcode designed Websites by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).

8. Intellectual Property

All copyright materials, trademarks and other intellectual property rights materials or contents supplied as part of SOTAcode Site shall remain, at all times, vested in Us or Our licensors. You are not permitted to use this material or content unless authorized by Us or Our licensors. Moreover, You are only allowed to use such material in the manner described in the Terms and Conditions, and no other. You will not copy, reproduce, distribute, commercially exploit nor in any form benefit/profit from such materials or contents, nor You will assist/facilitate any Third Party in actions such as the ones mentioned above.

Moreover, if You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.

9. Privacy

All User information collected is processed in the manner and with the limitations stated in Our Privacy Policy.

10. Violation of Our Terms

Failure to comply with the conditions stated on Article 7 and/or participation in activities that go against or are otherwise forbidden by these Terms of Service make You liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including but not being limited to interruption of all services) falls under the discretion of SOTAcode.

Please report infractions to the present Terms of Service, Our Terms and Conditions or to Your local laws. To inform us of any such activities, please click here.

11. Interruption/Termination of Services

We reserve the right to immediately terminate or suspend indefinitely Our services to You, if You breach or We have reasonable grounds to believe that You are likely to breach Our Terms and Conditions. Also, We will terminate Our services to You, at Our sole discretion, if You engage in a conduct which We determine to be unacceptable.

12. Disclaimer

WE ARE NOT RESPONSIBLE FOR DAMAGES TO USERS OR TO THIRD PARTIES OR TO THEIR HARDWARE THAT OCCUR DIRECTLY, INDIRECTLY NOR ACCIDENTALLY AS A RESULT OF NOR IN CONNECTION WITH THE USE OF OUR SERVICES AND/OR PRODUCTS, INCLUDING THE DOWNLOAD OF MATERIAL THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGE TO USERS OR THIRD PARTIES AS A RESULT OF THE INABILITY TO USE OUR SERVICES AND/OR OUR WEBSITE AND/OR PRODUCTS, NOR DIRECT, INDIRECT, NOR IN CONNECTION WITH THIS EVENT. HENCE, YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF SOTACODE SITE OR CHATBOT, OUR SERVICES AND PRODUCTS IS DONE AT YOUR SOLE RISK AND THAT SOTACODE WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/OR FUNCTIONALITY OF ANY THIRD PARTY’S WEBSITE AND/OR MATERIAL YOU MAY ACCESS THROUGH SOTACODE SITE.

12.1 Third Parties

We do not endorse and shall not be held responsible nor liable for any content, advertising, product or service on or available through Third Party Websites.

Any transactions between You and any Third Party found on or via the SOTAcode Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the entity in question. Therefore, We are neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.

12.2 Exclusion of Warranty

SOTAcode, its subsidiaries, and its licensors do not represent nor warrant to You that:

  • (a) Your use of the services and products will meet Your requirements;
  • (b) Your use of the services and products will be uninterrupted, timely, secure or free from error, or viruses;
  • (c) Any information obtained by You as a result of Your use of the services and products will be accurate or reliable;
  • (d) Defects in the operation or functionality of any software provided to You as part of the services will be corrected;

No advice or information, whether verbal or written, obtained by You from SOTAcode, through or from Our services shall create any warranty not expressly stated in the terms.

SOTAcode further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

13. Limitation of Liability

Subject to overall provision in the Disclaimer (Article 12) above, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOTACODE, ITS SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR THE CONDITIONS STATED ON PARAGRAPHS 13.1 THROUGH 13.3

13.1 General

Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:

  • (a) Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the services;
  • (b) Any changes which SOTAcode may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
  • (c) Deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the services;
  • (d) Your failure to provide SOTAcode with accurate account information;
  • (e) Your failure to keep Your password or account details secure and confidential.

13.2 Jurisdiction

The limitations on SOTAcode’s liability to You in paragraph 13.1 above shall apply whether or not SOTAcode has been advised of or should have been aware of the possibility of any such losses arising. Also, limitations which are lawful in Your jurisdiction will apply to You.

13.3 Information Provided on SOTAcode Sites

We are not responsible for nor We will be liable to:

  • (a) Materials written by Users, particularly those posted on blogs and/or forum. In addition, We do not endorse such materials and reserve the right to monitor such contributions, as well as, to respond, comment, edit, refuse to post, or remove any content from blogs and/or forum at Our absolute discretion. However, failure to remove particular material does not constitute an endorsement nor acceptance of it by Us;
  • (b) The accuracy, timing or reliability of any information/statement on websites designed by us, nor We will be held accountable/liable for statements, advice and/or opinions generated by Users on blogs and forum (except to the extent required by law). If You have any claim arising from the actions and/or statements of another User, You agree to pursue such a claim only against that User and not against Us;
  • (c) The quality, accuracy nor fitness of websites, except to what is required by law. However, We will engage in all reasonable efforts to provide Our services in the most professional manner;
  • (d) Any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible nor liable to You for any other loss/damage that You or any Third Party may be the subject of as a result of using nor in connection with Your use of your product.

14. Continuous Improvement Process

The quality of Our services and products is the main focus of SOTAcode attention; hence Our system is subject of a Continuous Improvement Process (CIP) both on the technological and design aspects of the product.

 

15. Feedback

As part of Our commitment to excellence, SOTAcode welcomes Your comments and suggestions to some or all of the conditions and policies stated on the present Terms and Conditions. In order to contribute with Your comment/suggestion, contact Our Customer Care department, or send an email to: support@sotacode.com

16. Terms changes and updates

SOTAcode reserves the right to, at any time, update the Terms and Conditions, at its discretion, to take into account legal, industry-related, or any other changes in the status quo. The most recent updated version of this agreement is available on the “sotacode.com” website. If an update significantly changes Your rights, we’ll notify you within a reasonable period before the update will take effect. You can decline any changes made to these Terms by discontinuing the use of your SOTAcode designed websites, products and services. We strongly encourage all Users to fully read this agreement and review it regularly. The documents are in effect upon the date of their last update.