TERMS OF SERVICE The terms set out in this agreement (“Contract”) and these terms and conditions (together the “Terms”) constitute the only terms and conditions under which App Creative Solutions Ltd (“The Company”) enters into an agreement with the client. No employee or agent of The Company is authorised to agree to or effect any alterations to the Terms.
1. CONFIDENTIALITY: The Client and The Company may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that: 1. is already known to the party to which it is disclosed; 2. is or becomes part of the public domain without breach of this Agreement; 3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
2. DESCRIPTION OF WORK: The company will build a website for the client using an iterative design process allowing the client to provide feedback and input on the initial drafts of the website build. The company will provide managed hosting for the website build. Social media integration is defined by the placement of links on the client website linking back to the clients social media account profiles. Where possible this may also include a news feed of The Client social account being placed within the client. The Client understands that search engines are independent companies who select and rank sites using their own criteria and acknowledges that The Company does not and cannot guarantee that The Client website ranking will be improved in any search engine listing. Ongoing technical support between the hours of 9am – 5pm Monday to Friday via email and when possible telephone. When a client site has gone live it will be considered a finish project. After the going live the The Company may require a one-off development charge to implement further changes. Strictly Confidential APP CREATIVE SOLUTIONS LTD, 414-416 Blackpool Road Ashton-On-Ribble, Preston, Lancs, United Kingdom, PR2 2DX. Company Reg Number 10291607
3. PROVISION OF CONTENT Responsibility is on the client to fill out and submit the online project brief form and where possible provide the company with basic website content information including but not limited to imagery, text, sitemap and logo where available. The Company reserves the right to use dummy content in absence of user provided content including but not limited to stock imagery and Latin text.
4. PAYMENT TERMS The payment schedule will begin immediately on the approved date below. An invoice will be issued at the start of the project to cover the initial setup charge. The client will then pay the company a monthly fee for ongoing services hosting, technical updates to the site and plugins and email tech support. Total project setup balance is due before a website project is made publicly available. If all invoices have not been settled according to payment schedule set in the agreement The Company will consider the account to be in default. All monthly ongoing payments will be collected by Direct Debit.
5. DEFAULT In the event of the client failing to make a payment The Company is entitled to take any or all of the following remedies in any order it sees fit: a) Require immediate payment of total outstanding balance due plus costs of collection; b) Cease working on behalf of the client until all overdue sums are paid.
6. COPYRIGHT NOTICE: Copyright is in The Company name. Upon completion of Work, the copyright will be released to the Client in full and any third party work may be added if needed without the consent of The Company. The Client shall indemnify the company against all claims in respect of any alleged infringement of copyright trademark or design or in any respect of any passing off or slander or title arising in consequence to the exhibition of the website in pursuance of this agreement. Strictly Confidential APP CREATIVE SOLUTIONS LTD, 414-416 Blackpool Road Ashton-On-Ribble, Preston, Lancs, United Kingdom, PR2 2DX. Company Reg Number 10291607
7. LIABILITY a) The Company shall not be liable to the client for any loss or damage (including but not limited to loss of data, loss of profits or sales, website downtime, loss of business or staff or management time incurred, hacking) caused or arising directly or indirectly out of The Company’s services provided under this agreement (except to the extent to which it is unlawful to exclude such liability under English law). b) Notwithstanding the generality of (a) above The Company expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may arise in respect of the services to be provided under this agreement. c) In the event that any exclusion contained in this agreement shall be held to be invalid for any reason and The Company becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the total amount paid by the client during the preceding Initial Period or Renewal Period, as the case may be. d) The Company does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of The Company, its employees, agents, or authorised representatives.
8. POST PROJECT ALTERATIONS The Company cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s Website once installed. Such alterations include, but are not limited to additions, modifications or deletions. The Company may require a one-off development charge before resolving any issues that may arise. Alternatively a previous back up will be used if available.
9. DOMAIN NAMES The Company may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by The Company. In all cases, the Client must notify The Company if they wish to keep the domain twenty days before the expiration date. The loss, cancellation or otherwise of the domain brought about by a failure to notify The company they wish Strictly Confidential APP CREATIVE SOLUTIONS LTD, 414-416 Blackpool Road Ashton-On-Ribble, Preston, Lancs, United Kingdom, PR2 2DX. Company Reg Number 10291607 to keep the domain or a none or late payment to do so is not the responsibility of The Company. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. In all cases, the Client must notify The Company if they wish to keep the domain twenty days before the expiration date. The loss, cancellation or otherwise of the domain brought about by a failure to notify The company they wish to keep the domain or a none or late payment to do so is not the responsibility of The Company. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
10. GENERAL These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
11. THIRD PARTY SERVICES The Company may require the usage of third party services – for example, Google Maps API – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. The Company cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s Project and may require a one-off development charge before resolving any problems that may arise.
12. GOVERNING LAW This agreement and the Terms shall be governed by and subject to the laws of England and Wales and all disputes which may arise out of or in connection with this agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of England. A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this agreement or the Terms but this provision does not affect any right or remedy of any third party which exists or is available apart from under the Act.