Last updated: December 24, 2020

We are Blockode, a software services provider company with a registered office in Kuala Lumpur, Malaysia (hereinafter “US”, “WE”, “OUR”). These terms and conditions (hereafter referred to as, “terms and conditions”) govern your use of our services. Your use of our services signifies that you agree to these terms and conditions and that you consent to receive required notices and to transact with us. If you do not agree to the terms and conditions and/or the Privacy Policy, we advise you not to use our services.

Acceptance of terms

By placing an order on www.blockode.co you will be deemed to have read, understood & agreed to these terms & conditions. By using this website or any utility in this website directly or indirectly you abide by all terms and conditions mentioned herein. If you do not agree to any of the terms and conditions mentioned herein, please exit this site immediately.
Any right or obligation contained in this agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void, or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.

Services

Blockode is one of the fast-growing software development companies creating innovative e-commerce solutions. We provide full-cycle software engineering and custom application development services.
We offer an array of services including without limitation;
i. Mobile App Development
ii. Web App Development
iii. Desktop App Development
iv. Wearable App Development
v. IoT App Development
vi. Automotive App Development
vii. TV App Development
viii. Game Development
ix. Blockchain Dapp Development
x. AI Integration
xi. AR App Development
xii. VR App Development
xiii. Server Management
xiv. Cybersecurity
xv. Software Automation
xvi. Software Maintenance
xvii. Tech Consultations
xviii. Digital Marketing

Changes

You can review the most current version of the terms and conditions at any time on this page. Blockode reserves the right, in its sole discretion, to modify or replace any part of these terms, as our business evolves over time and to better provide services and products to the Blockode’s community, or to change, suspend, or discontinue any services or products at any time by posting a notice on the website or by sending you to notice via e-mail or by another appropriate means of electronic communication.

Responsibilities

You may use the website for lawful purposes only. You may not submit or transmit through the Website any information, content, or material or otherwise engage in any conduct that:
i. violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
ii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
iii. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iv. Impersonates any person, business, or entity, including Alliance Aligned and its employees and agents;
v. contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
vi. encourages conduct that would constitute a criminal offense or give rise to civil liability;
vii. violates these terms and conditions, guidelines, or any policy posted on the Website; or
viii. Interferes with the use of the Website by others.

By using our service, you agree:
i. to abide by these terms and conditions;
ii. to keep your contact information accurate and up-to-date;

Intellectual Property Rights

All materials displayed or performed on the website, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively known as website content) are the property of Blockode. The content of this website is protected by international copyright laws and other intellectual property rights.
All trademarks, service marks, and trade names are proprietary to Blockode and/or third parties and use of the website means you agree to abide by all copyright notices, information, and restrictions contained in any website content accessed through the services.
Other than as expressly set forth in these Blockode’s terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the website content, software, materials, or services in whole or in part. You may download or copy the public website content, and other items displayed on the website for download or personal use provided that you maintain all copyright and other notices contained in such content.
Any other downloading, copying, or storing of any website content for other than personal, noncommercial use is expressly prohibited without prior written permission from Blockode.

Payment and Renewal

Our services are packaged into various categories of payment namely;

i. One-Time
Full package made in a single transaction for the entire task. Payment must be made prior to the commencement of work.

ii. Subscription
Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual period as indicated.

Automatic renewal. Unless you notify us before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to use to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to us in writing

a. Monthly Subscription. Subscription package where payment is made on a monthly basis for delivery of service. Subscriptions shall be paid by the 7th day of the beginning of each month failure to which services shall immediately seize.

b. Annual Subscription. Subscription package where payment is made on a yearly basis for delivery of service. Payment herein shall be made by the 7th day of the first month of the year failure to which services shall immediately seize.

iii. Retainer
Services provided in our Retainer Software Development Agreement. The retainer will cost by hourly upfront and shall be commensurate to deliverables agreed upon at execution.

iv. Milestone
Services provided in our Fixed Price Software Development Agreement. Time Schedule and Milestones provides for payment upon completion of each independent milestone.

Late Payment

Your invoices for fees and expenses, if any, shall be due and payable in full immediately upon receipt by you. All such fees shall be fully earned when due and non-refundable when paid. Invoices not paid within 7 days from the invoice date shall bear interest from the invoice date until paid at a rate of 1.5% per month or the maximum rate permitted by applicable law, or whichever is less. We may suspend all Work effectively in default of payment until the amounts outstanding are paid in full. Time is of the essence for all payments under our services, and in the event, any payment due to us is collected at law or through an attorney-at-law, or under advice therefrom, or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorney’s fees.

Third-party sites and Advertisers

The website may include links to a third-party website, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The existence of links does not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party sites. Any dealings that you have with advertisers found on the website are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against any advertiser.

However, where we employ the services of any third party in order to better your enjoyment of our services by; facilitating our Services, provision of service on our behalf and to perform any service related task or even to assist us in analyzing how our Service is used. We guarantee that their access to your personal will be under strict supervision and covered by a non-disclosure agreement between ourselves and the third parties involved.

Use of Software

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these terms and conditions, shall govern your use of such software. We grant you a personal, nonexclusive, nontransferable, limited license to install the software on any single computer or mobile device. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

You agree to fully comply with all import and export laws, regulations, rules, and orders of Malaysia or any other foreign government agency or authority, and you agree not to directly or indirectly export, re-export, transfer, and/or release the software, related technology, or any product thereof for any proscribed end-use or to any proscribed country, entity, or person (wherever located) without proper governmental authorization. You bear full responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules, and orders and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules, and orders, and for obtaining all necessary authorizations and clearances.

Turnaround Time

We will render our services with promptness, efficiency, and diligence and in a workmanlike and cost-effective manner in accordance with the practices and high professional standards used in well-managed operations performing services similar to our services. Our turnaround time generally starts with the receipt of your report in the specific communication channels which are Whatsapp and Email. You shall be informed by using our communication channels in the contracting terms of the product. In case the report does not arrive at us, we will confirm through the correct channel, this may cause response delays.
We will use reasonable efforts to respond to your reports and communicate within 24 hours to 48 hours of the request. In case of any damages, harm, injury, loss, and claim caused to you, we shall not be responsible.

Availability

We may manage to do work any time during a period of 24 hours a day. You shall not bind us to work properly onset period of time or schedule. There is no obligation on us to offer work or acceptance of your report on specified business hours. We can choose when to start and end work each day.
We may reserve a right to change, introduce, or cancel the existing working policies or procedures without any prior notice to you. In case of any damages or loss, we shall not be responsible to you.

Refund

Our refund policy has been devised to define the situations under which Blockode will provide a refund, the procedure for claiming a refund, and the responsibility of Blockode in circumstances resulting in such a claim. By registering for any of our services you are declaring that you accept and agree with all the terms and conditions outlined in the refund policy.

Our refund policy covers the refunds by Blockode and/or a website owned and managed by Blockode. This policy does not have any application for companies that are not owned or controlled by Blockode or for persons not employed or managed by Blockode. This includes any third party service and/or product providers bound by contract and also, any third-party websites to which Blockode’s website link.

i) Full refund
It will be issued if the project has not been initiated. The full refunds will be processed and mailed within 30 days of the date of cancellation. Refund shall be issued via the same method through which the payment was made by the client.
ii) Partial refund
It will be issued as per the judgment of the service provider if we fail to complete the project in accordance with the delivery policy and contract of agreement. The amount will be calculated by Blockode taking into account the proportion of the project completed and the proportion yet to be completed as per the pre-defined scope of the project. The partial refunds will be processed and mailed within 30 days of the date of cancellation and will be brought about using the method of payment agreed upon at the beginning of the project.

Upon receiving your refund you must uninstall and stop using any software products for which you no longer possess a valid, purchased license. Blockode reserves the right to disable any product keys and/or serial numbers issued to you for the refunded products.

Blockode may at any time, without prior notice under its sole discretion, amend this policy from time to time. You are therefore requested to review this policy periodically.

Delivery

Delivery of a project is governed by the following conditions:
a) A project is not taken to be void unless the agreed-upon payments are clear.
b) Refund policy is not applicable if the required information for the successful completion of the project is not given to us at the proper time. If there is a delay or failure in the completion of the project due to improper communication from the client, it cannot be attributed to Blockode.
c) If the information provided by the client is incomplete at the initiation of the project, Blockode is not liable to follow it’s delivery or refund commitments.
d) There is no provision for compensation for the delay of delivery under any conditions.
e) Blockode is not obligated for losses due to the services provided/ not provided or the delay in the same at any point in time.

Change Request

In the event client wishes to make any changes to the work, the client must provide a detailed proposal to us in writing specifying the desired changes. We will evaluate each change request at its standard rates and charges. We will submit to the client a written response to each change request within 10 business days. Our change request response may include a statement of the availability of Blockode’s personnel and resources, as well as any impact the proposed changes will have on the price, delivery dates, deliverables, or warranty provisions of the agreement. The client shall use its reasonable efforts to accept, reject, or propose changes to each such Change Request Response within 10 business days.

Support and Maintenance

We may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features. Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

You may also order new software versions, releases, or maintenance updates, if available, separately or through the written agreement. Additional licenses or fees may apply for these Updates or for the use of the software in an upgraded environment. Updates are subject to the license terms in effect at the time we make them available to you.

Disclaimer of Warranties

WE PROVIDE THE WEBSITE AS IS, WITH ALL FAULTS AND AS AVAILABLE. WE AND OUR SUPPLIERS MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE. BLOCKODE IS NOT OBLIGATED TO SUPPLY ANY SUPPORT WHATSOEVER. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE AND ALL SOFTWARE, CONTENT, AND SERVICES DISTRIBUTED THROUGH THE WEBSITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, AND NON-INFRINGING. WE DO NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION, OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE (INCLUDING ANY SUPPORT SERVICES) WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF ALLIANCE ALIGNED SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE.

Limitation of Liability

In no event will Blockode, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Blockode under this agreement. Blockode shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Choice of law and Jurisdiction

You agree that the laws of Malaysia govern this contract and any claim or dispute that you may have against us.
Please note that by agreeing to these terms and conditions, you are:

i. waiving claims that you might otherwise have against us, based on the laws of other jurisdictions, including your own;
ii. irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in Malaysia over any disputes or claims you have with us; and
iii. Submitting yourself to the personal jurisdiction of courts located in Malaysia for the purpose of resolving any such disputes or claims.

Waiver & Severability

No waiver by Blockode of any term or condition set forth in these terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Blockode to assert a right or provision under these terms shall not constitute a waiver of such right or provision. If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Termination

These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our products or services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products or services (or any part thereof).
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the site, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the site under any provision of this terms and conditions may be effected without prior notice, and acknowledge and agree that www.blockode.co may (but has obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. Further, you agree that www.blockode.co will not be liable to you or any third party for any termination of your access to the site.
However, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Upon termination, the client will return to Blockode all Blockode’s Confidential Information, copies of Blockode’s Intellectual Property Rights.

Age Eligibility

You must be at least 13 years old to access www.blockode.co or use the services. By accessing or using the services in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the services in any manner, and may not provide any personal information to or on the services (including, for example, a name, address, telephone number or email address).
If you are located within the European Union, you must be at least 16 years old to access or use the services. By accessing or using the services in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the services in any manner, and may not provide any personal information to or on the Services (including, for example, a name, address, telephone number or email address).