This document sets out our Terms and Conditions of Business. They form part of the contract that we will have with you that is based on our Proposal, which we may have sent to you via “Proposify” or offline in electronic or hard copy format. When you accept the Proposal, you are acknowledging that you also accept these Terms. So, before we enter into a contract with you, please read them through so that we all know precisely where we stand. If there’s anything you don’t understand, please get in touch so that we can discuss your concerns.
To make things a little easier, there are certain words in these Terms that we will use several times, so rather than defining them each time, we will define them here.
contract between you and us that is based on the Proposal, subject to these Terms, incorporating any other documentation referred to in these Terms or the Proposal, such as Special Conditions or contract variations;
the completion of the Project, which will take effect when we upload the software to the Distributor or make it available to the public via a webserver or in some other way or otherwise receive your sign-off in accordance with clause 5.5;
Apple’s AppStore, Google Play or any other portal through which software is delivered to the users;
the date specified in the Proposal, if any, before which we will make no reference to the Project or the Contract;
the price stated in the Proposal that we are to charge for the delivery of the Services, excluding VAT and other applicable taxes and any expenses that must be incurred in the delivery of the Project;
any materials of any description that you are to provide to us for the purposes of the Project;
copyright, trade marks, patents, registered and unregistered design rights, confidential information and all other intellectual property and proprietary rights, powers and benefits, including the right to register, transfer, licence and assign the same;
materials either owned by us or used by us under licence and which existed at the commencement of our delivery of the Services or were created otherwise than exclusively for the purpose of the creation of the Software and/or the delivery of the Project;
the objective for which the Services are to be delivered, as described in the Proposal
the document referenced in clause 2.5 that sets out the detail of the project that we are to undertake for you, as amended from time to time in accordance with these Terms (unless the context implies to the contrary), and which may have been delivered to you via Proposify or offline in electronic or hard copy format;
the services specified in the Proposal that we will deliver, subject to these Terms;
the product of the Services, which will usually be delivered to you in a suitable electronic format of our choosing;
the specification for the Software as specified in the Proposal;
the period specified in the Proposal (or if no such period is specified, a period of 28 days) commencing on the date of Completion.
The headings in the Terms are for convenience only and will not affect their interpretation. Any reference to any enactment (statutes, regulations, etc.) includes a reference to that enactment as amended from time to time and to any subordinate legislation made thereunder.