MOBILE APPS DEVELOPMENT AND MANAGEMENT TERMS OF SERVICE AGREEMENT
These Terms may be edited from time to time, as we see it fit. We will not notify you of such a change but will publish edited terms on our website. Your continued use of our services will indicate acceptance of any such variation, and acknowledgement that the publication provided you with adequate warning of the variation. Please be aware that we reserve the right to refuse service to anyone for any reason or no reason what so ever at any time.
We will host your apps for the term of your subscription. We will also offer technical and customer support as and when you require during the entire duration of the term. We will use reasonable commercial efforts to have the applications approved by the appropriate mobile platform providers. However, we cannot guarantee that your applications will be approved nor can we guarantee the performance, or consumer uptake of the applications. We reserve the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. We may also vary the price at any time, and you agree to pay any new cost on the renewal date of your agreement. We are at the mercy of telecommunications systems, which may at times require downtime outside of our control, and your applications, or our website/ and or hosting may be unavailable from time to time for such reasons.
You will pay the fees in accordance with the payment plan/agreement. You grant us a non-exclusive right to host your/your customers content within the applications we have built for you, on our website, or in any marketing collateral we consider appropriate. You agree not to reproduce, duplicate, copy or exploit any portion of the applications that have been built by us, including our intellectual property, features, our source code or know-how without our express written permission
- Information about your use of our services including details of your visits such as pages viewed and the resources that you access.
- Information including traffic data, location data and other communication data.
- Information provided voluntarily by you for example, when you register for information or make a purchase
- Information that you provide when you communicate with us by any means.
Use Of Collected Information
We use the information that we collect from you to deliver tailored services to you. In addition to this we may use the information for one or more of the following purposes:
1) To provide information to you that you request from us relating to our products or services.
2) To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
3) To inform you of any changes to our website, services or goods and products.
4) If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
5) Where your consent has been provided in advance we may allow selected third parties to use your data to enable them to provide you with information regarding unrelated goods and services which we believe may interest you.
6) Where such consent has been provided it can be withdrawn by you at any time.
Storing Your Personal Data
In operating our website, it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is treated stored securely. Unfortunately, the sending of information via the internet is not totally secure and on occasion, such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information
- In the event that we sell any or all of our business to the buyer.
- Where we are legally required by law to disclose your personal information.
- To further fraud protection and reduce the risk of fraud.
Third Party Links
Access to Information
In accordance with the Data Protection Act 1998, you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee to cover costs incurred by us in providing you with the information. Such fee will be produced based o individual circumstances.
General Terms, including automatic renewal terms
You will pay the subscription fees in full, in advance, and free of any deduction or setoff whatsoever. All payments will be made using pre-agreed a valid form of payment. The app setup and design fees will be automatically charged on the date you accept our services as per our agreement. In order to ensure that you do not experience an interruption or loss of services, subscriptions will renew automatically. The automatic renewal automatically renews the service for a period equal in time to the most recent service period. For example, if your last service period is for one (1) year, your renewal period will be for one (1) year. Therefore, unless you cancel the renewal in writing to email@example.com the service will automatically renew and will take payment from the payment method you have on file. Cancellation requests must be received thirty (30) days prior to the renewal.
1) Annual Plans: Any product purchased for one (1) year or greater will be considered an annual plan under the terms of this policy. For renewals, the anniversary date of the original purchase date will be used.
2) Monthly Plans: Any product purchased for less than 1 year will be considered a monthly plan under the terms of this policy. For renewals, the monthly scheduled renewal date will be based on the original purchase date.
No refunds will be given for the application setup and design fees, or for any termination requests received after the thirty (30) day cancellation policy described below. Monthly Plan payments will commence 30 days from sign up date irrespective of app status. No refunds will be given for months paid prior to app go live.
In addition to any statutory or other legal rights, you may terminate your subscription before thirty (30) calendar days of the renewal date. We may terminate your subscription at any time if you breach any of the Terms, or if you fail to make payment in accordance with the payment clause listed above.
Indemnification and Liability
You agree to indemnify us, our directors, officers, employees, contractors and agents, and any other related body corporate, against all claims, demands, damages, costs, penalties, suits and liabilities of any nature caused directly or indirectly by any act or omission or any breach of any provision of these Terms. We shall not be liable in contract, tort or otherwise for any consequential, indirect or pure economic loss suffered by you that arises in any way from the services under these Terms, even if such loss was, or should have been, within our contemplation. Without restricting the effect of any other provision in these Terms, the maximum liability to you for any claim will only ever be the fees actually paid by you.
All content included on this site, in the application software, and in the creation of the application is our property and is protected. You authorize us to use, reuse, and to grant others the right to use and reuse your content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your subscription term. You may not decompile, reverse-engineer, disassemble or otherwise convert the software to a human-perceivable form.
A party may suspend its obligations under these Terms if and to the extent that it is unable to perform such obligations as a direct result of an act of God, fire, wind, flood, riot, war, industrial action or defaults by third parties or other circumstances of a similar nature beyond its reasonable control (force majeure event). Where a party claims a force majeure event has occurred it must give notice to the other party giving all available information in relation to the event and estimating the period of time required to remedy the event and end the suspension. The existence of a force majeure event will not relieve a party from any obligation to the extent that it is not affected by the force majeure event or related to the period up the occurrence of the force majeure event, or in particular, your obligation to pay the subscription charges falling due prior to the force majeure event. Where a party’s obligations have been suspended pursuant to this clause for a period of thirty (30) calendar days or more, the other party may immediately terminate this Agreement. If any part of these Terms is found by a court or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the terms and the remainder of the terms will continue to be valid and enforceable to the fullest extent permitted by law.
These Terms are governed by the laws of the EU and England and Wales.