These Regulations (hereinafter referred to as the "Agreement") define the rules for using the BenchCoders website, available at https://www.benchcoders.com (hereinafter referred to as the "Website").
The operator of the BenchCoders website is:
ERPSPACE, Street Widok 11, 62-070 Dabrowka, Poland. Tax number: PL7773374580.
Acceptance of the Regulations is a necessary condition for using the Website. Registration on the Website is tantamount to acceptance of the terms of the Agreement.
This Agreement constitutes a connection agreement for all natural and legal persons who are registered in a personal account using the website platform and are hereinafter referred to as the "User".
Pursuant to the Agreement, BenchCoders and the User are also collectively referred to as the "Parties" and each individually as a "Party". Reading the content of this Agreement is an integral part of the registration process for the User's account.
BenchCoders offers the possibility of concluding an Agreement with any natural or legal person. The contract is concluded in a standard and unchangeable form for all in the form of a public offering, by generally accepting the following conditions:
§1 Definitions
BenchCoders - is SaaS (software as a service) hosted at https://www.benchcoders.com on the Internet providing legal entities and individuals with access to information resources and services. BenchCoders does not sell databases containing personal data.
User - any natural or legal person who has accepted the terms of this Agreement and uses BenchCoders services. A user is generally considered to be the person in whose name a personal account is registered.
A personal account - is an interface to which the User must log in using personal access identifiers (e-mail and password). It is not allowed to transfer data to access the account to other people.
Registration - is a procedure during which the User, by completing appropriate website forms, provides information necessary to use the website's services, which clearly identifies the User. Registration is considered completed only when all these stages are successfully completed and the User accepts the offer to conclude this Agreement.
The administrator - is a person authorized by BenchCoders, who carries out activities in the field of technical, programmatic and technological support for the operation of the website, ensuring access to it.
§2 General provisions
BenchCoders offers the User the opportunity to use the Website, which enables communication, publishing posts, creating and sharing developer profiles, as well as searching for developers, projects and posts.
The current version of the Agreement is available on the Internet at https://benchcoders.com/terms_of_service, and the current version of the Privacy Policy at https://benchcoders.com/privacy_policy. The User is obliged to comply with the current version of the Agreement and Privacy Policy.
The rights and obligations of the Parties and the rules of using the Website may be specified in additional materials posted on the Website or available via links on the Website. Additionally, the Website may establish specific conditions for the use of specific services. Such materials and terms constitute an integral part of this Agreement.
BenchCoders reserves the right to make changes to the Agreement and Privacy Policy without prior notice to the User. If significant changes are introduced, the User will be informed about them via the Website. Your continued use of the Website after changes are posted or sent constitutes acceptance of the updated terms. The new version of the Agreement enters into force upon its publication on the website, unless otherwise stated.
The Agreement is concluded when the User registers via a personal account on the Website platform. By registering and paying the subscription fee, the User confirms that he or she has read the Agreement and understands and accepts its terms.
By registering, the User confirms that he or she has full legal capacity and capacity to enter into obligations arising from the Agreement and use of the Website. If you are registering on behalf of another company, you represent and warrant that you have the legal authority to represent that company. In the absence of such rights, the User is personally responsible for fulfilling the obligations arising from the Agreement, including making payments.
BenchCoders is not liable for any loss or damage resulting from published offers, posts, notes or messages published on behalf of a given company. The use of the content and other elements of the Website's services is possible only within the functionalities offered by the Website. No content or elements of the Website may be used in any other way without the prior consent of the copyright holder, including reproduction, copying, processing or distribution.
All contracts regarding the execution of orders are concluded directly between the User and the Customer. BenchCoders is not a party to these agreements and is not responsible for the content of orders, but only provides a trading platform for placing orders.
In order to ensure the security and quality of services, BenchCoders conducts a validation procedure for each User, including: checking the User's website, social media presence, online reviews and ratings, and the possibility of conducting a short introductory conversation, if necessary.
BenchCoders has the right to limit the User's access to the Platform if the User does not meet the Trust Criteria based on the results of the validation procedure. The User will be notified about such limitation.
The Website is available in most regions of the world, however, there may be restrictions on access to the Website in some regions, beyond the control of BenchCoders.
If the User has claims against another User or Customer arising from the use of the Website's services, the User undertakes to pursue these claims independently, without involving BenchCoders, and releases BenchCoders (together with affiliates, attorneys and employees) from any claims, liabilities, damages, costs (including attorneys' fees) arising from such claims.
§3 User Rights
The User has the right to use the Website in accordance with the terms of this Agreement.
The User has the right to make complaints regarding the operation of the Website. Complaints should be submitted using the means of communication specified on the Website. Complaints will be considered within 48 hours, excluding non-working hours, from the moment of receiving them or from the moment of receiving full information about the nature of the subject of the complaint.
§4 User's obligations
The User to use the Site in accordance with the terms of this Agreement.
The User undertakes to keep the password and login confidential.
The User agrees to pay for BenchCoders services in accordance with the terms of the Agreement.
The User undertakes to contact the Administrator immediately if he has grounds to suspect that:
A third party has gained access to this means of payment, accounts used as a payment method under this Agreement;
Other Users violate the terms of this Agreement;
Customers provide information in orders that is inconsistent with reality;
The e-mail address, telephone number and password, login used to log in to the Website have been disclosed or may be used by third parties.
The User undertakes not to act to the detriment of BenchCoders, customers and other Users of the website;
The User undertakes not to send spam or commercial offers unrelated to the services and the essence of the Website;
The User undertakes not to disseminate on the Website information about BenchCoders services provided by BenchCoders' competitors, namely information about similar notice boards and trading platforms.
The User undertakes not to reproduce or publicly disclose any information contained on the Website without the prior written consent of BenchCoders.
The User agree not to use or launch any automated system, including, without limitation, "robots", "web spiders" or "standalone readers", that access the Site by automated means.
The User undertakes not to take actions that may result in a disproportionately large load on the Website's infrastructure.
The User acknowledge that your use of the Website and these services is at your own risk "as is", and you evaluate and assume all risks associated with the use of orders placed on BenchCoders.
§5 BenchCoders Rights
BenchCoders reserves the right to make changes to this Agreement by notifying Users.
BenchCoders has the right to change, suspend, close or modify any elements of the Website, in whole or in part, without prior notice.
BenchCoders has the right to block the User's personal account in the event of providing false information, violating the terms of this Agreement or the Privacy Policy.
BenchCoders may deactivate a User's personal account if he or she has not shown any activity on the profile for a period of three (3) months.
BenchCoders has the right to send messages to Users' e-mail addresses provided during registration.
BenchCoders reserves the right to unilaterally terminate the Agreement and close the User's account if the User violates the terms of this Agreement or the rules published on the Website.
BenchCoders has the right to use the User's identifying features in marketing publications or other promotional materials (e.g. marketing brochures, press releases, promotions).
BenchCoders reserves the right to contact the User by sending information messages to the e-mail address provided during registration and messages to the User's mobile phone.
The failure of BenchCoders to take immediate action in the event of a breach of the Agreement by the User does not constitute a waiver of the right to take appropriate action in the future to protect its interests.
BenchCoders is not liable for failure to fulfill or hindering obligations related to providing access to the Website due to force majeure circumstances beyond its control and which cannot be avoided (e.g. government decisions, labor disputes, accidents, disruptions in the communication system, etc.).
BenchCoders is not responsible for failures of the Website caused by technical problems in the operation of hardware or software.
BenchCoders is not responsible for illegal activities beyond its control, such as unauthorized access to or use of servers.
§6 Obligations of BenchCoders
BenchCoders provides the User with access to orders on the website via a personal account.
BenchCoders provides up-to-date information on communication with the Administrator on the website.
BenchCoders will inform the User in advance about blocking this personal account.
BenchCoders uses reasonable efforts to properly perform its obligations under this Agreement, including the normal operation of the website services.
BenchCoders is not the organizer or initiator of contracts between the User and the Client. The website is a commercial communication platform enabling the User to search for orders.
BenchCoders is not liable for damages resulting from transactions or improper conduct between Users and Customers. All disputes and conflicts between Users and Customers are resolved by them independently, without the involvement of BenchCoders.
BenchCoders is not responsible for storing information from the personal account, the possibility of using the website services, storing and using funds in the User's personal account, in the event of blocking/prohibiting the use of third-party services through which User Registers and/or logins are outside BenchCoders control.
§7 Payment for BenchCoders services
The fees and the method of payment depend on the BenchCoders service package selected by the User, available on the BenchCoders website.
The User undertakes to familiarize himself with the prices of BenchCoders service packages and with the payment procedure and terms before making a purchase.
The user can pay for the selected service package using a Visa or MasterCard bank card.
BenchCoders uses the payment service "Lemon Squeezy," available at https://www.lemonsqueezy.com.
BenchCoders uses automatic renewal of subscriptions for selected service packages, which means that fees for the package will be automatically charged for the next billing period unless the User cancels the subscription.
In the event of failure to pay for the service, BenchCoders reserves the right to transfer the User to the Free Plan or to unilaterally terminate the Agreement.
BenchCoders reserves the right to change fees, method of payment for services, introduce new service packages and discontinue offering current packages.
BenchCoders will notify the User about planned changes to service packages at least fourteen (14) calendar days before their introduction, by publishing appropriate information on the Website and/or using another means of communication indicated by the User during registration. If the User does not agree to the changes, he has the right to terminate the Agreement in accordance with the provisions of this Agreement.
If the User violates the terms of this Agreement, any funds paid by the User will not be refunded.
§8 Refund Policy
BenchCoders offers a 14-day free trial for new users to experience the services before purchasing a subscription. During the trial period, users can cancel their subscription at any time without being charged.
Subscribers may cancel their recurring subscription at any time. Upon cancellation, your account will remain active until the end of your current billing cycle.
To be eligible for a refund, you must submit a request within 30 days of your subscription start date. Refunds may be considered on a case-by-case basis and are granted at the sole discretion of BenchCoders.
Refund requests can be made if you encounter technical issues that prevent you from using our service and that cannot be resolved by our support team. Proof of the issue may be required.
Please note that refunds are not guaranteed and may vary depending on the circumstances. Refund requests due to issues beyond BenchCoders's control (e.g., changes in personal circumstances, third-party hardware or software failures, etc.) will not be honored.
To request a refund, please contact our customer support team at support@benchcoders.com. Include your account information, subscription details, and a brief explanation of why you are requesting a refund.
Once your refund request is received and inspected, we will send you an email to notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within a certain number of days. Please note that refunds can only be made back to the original payment method used at the time of purchase.
BenchCoders reserves the right to modify this refund policy at any time. Changes will take effect immediately upon their posting on the website. By continuing to use our services after changes are made, you agree to be bound by the revised policy.
Scenarios Where Refunds Would Typically Be Granted:
Technical Issues: The customer experiences persistent technical issues that prevent them from using the SaaS product effectively, despite multiple attempts by the support team to resolve the problem. For example, the software fails to load or crashes frequently, impeding the customer's ability to perform necessary tasks.
Billing Error: The customer was incorrectly charged due to a billing error on BenchCoders's part. For example, they were billed twice in one month, or charged after cancelling their subscription in accordance with the cancellation policy.
Misrepresentation of Features: The features or capabilities of the SaaS product were misrepresented on the website or during the sales process, and the product does not perform as advertised. For example, if the product was sold with the promise of specific functionalities that are not actually available.
Scenarios Where Refunds Would Not Typically Be Granted:
Change of Mind: The customer decides they no longer want or need the SaaS product after the refund eligibility period has passed. For example, they found a different product they prefer, or they no longer need the service due to changes in their business.
Failure to Cancel: The customer forgot to cancel their subscription before the renewal date and was charged for another cycle. It is the customer's responsibility to manage their subscription and cancel it before the billing cycle if they do not wish to continue.
External Factors: The customer is unable to use the SaaS product due to factors outside of BenchCoders's control, such as incompatible hardware, poor internet connection, or issues with third-party software or services.
§9 Intellectual property
All materials available through the website's services, including design elements, texts, graphics, illustrations, films, computer programs, databases, website designs along with the source code and other elements, as well as all content published on the website both at the time of conclusion of the Agreement , and in the future, are the property of BenchCoders, unless otherwise indicated on the website.
The use of the content and/or any elements of the website is permitted only within the functionalities and services provided by the website. No content or element of the website may be used in any other way without the prior consent of the copyright owner.
The use, processing and publication of information regarding the User takes place in accordance with the terms of the Privacy Policy available at https://benchcoders.com/privacy_policy.
BenchCoders services enable sending messages and sharing information in accordance with the principles set out in the Privacy Policy. The User's Profile is visible to all website Users by default, and information and content shared or published by the User may be visible to other Users. If the User wants to limit the visibility of his or her profile, he or she can do so through appropriate settings in the profile.
§10 Contract period and its termination
This Agreement enters into force upon registration of the User in a personal account on benchcoders.com. The date of conclusion of the Agreement is the date of this registration, and the Agreement is valid for the entire period of existence of the website at the address indicated.
The User has the right to request the Website Administrator to end the Agreement and terminate it unilaterally. The Administrator is obliged to respond to such a request within 48 hours of its receipt, excluding non-working hours (i.e. Saturdays, Sundays, holidays and public holidays in Poland before 9:00 a.m. and after 4:00 p.m. Polish time).
After termination of the Agreement, the User loses the right to use the Website's services.
If BenchCoders introduces changes to the Agreement with which the User does not agree, the User has the right to ask the Administrator to end the Agreement and terminate it unilaterally. Continuing to use the Website after the changes have been introduced is tantamount to the User's acceptance of the new version of the Agreement.
§11 Changes to the Agreement
In order to improve the quality of services provided on the website, as well as to comply with legal requirements and respond to changing market conditions, this Agreement and the Privacy Policy may be unilaterally amended by BenchCoders.
If BenchCoders makes material changes to it, you will be notified via the Services. The User's continued use of the Services after BenchCoders has published or sent notice of changes to the Terms and Conditions means that the User agrees to the updated terms and conditions as of their effective date.
The new version of the Agreement enters into force when it is posted on the Internet at https://www.benchcoders.com, unless the new version of the Agreement provides otherwise. The current version of the Agreement is always available on the website at the address indicated in paragraph 2.b.
§12 Final provisions
Information messages addressed to a wide range of Users will be published on the Website and/or sent to Users' e-mail addresses.
In the event of any disputes or misunderstandings arising from this Agreement, the Parties undertake to attempt to resolve them through negotiations. However, if any disputes, disagreements or claims related to this Agreement, including those relating to its implementation, breach, termination or invalidity, are not resolved through negotiations, they will be resolved in accordance with applicable law before the competent court having jurisdiction over the seat of BenchCoders.
This Agreement is subject to Polish law. Issues not regulated in this Agreement will be resolved in accordance with the applicable provisions of Polish law. Any disputes arising from the relations regulated by this Agreement will be resolved in accordance with the procedure provided for by Polish legislation.
In the context of this Agreement, unless otherwise specified, the terms "applicable law" mean applicable Polish legislation.
The finding by a court of any provision of the Agreement to be invalid or unenforceable shall not affect the validity and enforceability of the remaining provisions of this Agreement.
Nothing in this Agreement shall be construed as creating an agency relationship, joint venture relationship, employment relationship or other legal relationship between You and BenchCoders unless expressly set forth in the Agreement.
