App Terms & Conditions

The following terms and conditions apply on purchasing any of our Smartphone app services, and in doing so, you agree to be bound by these.

1. Definitions
   1. In reference to definitions, “we”, “our” and “us” means or refers to AppTheBusiness Ltd, registered in England & Wales with company number 10554945. Registered Office Kenward House High Street, Hartley Wintney, Hook, Hampshire, United Kingdom, RG27 8NY.
   2. “you” and “your” means or refers to the company, firm or individual placing the order.
   3. “application” or “app” means any of the Smartphone / mobile based programs or technology platforms, online or offline, provided by us.
   4. “minimum term” means a period of twelve (12) months from the date of your Smartphone app being published and made available for download in the respective Apple and/ or Google Play stores.
   5. “set-up fee” and “monthly payment” means the fees payable by you to us for both the initial design of your app and the ongoing payment each month for hosting, supporting and maintaining the app.
   6. “schedule of service” refers to the detail of the services which we are to provide to you.
2. License Use
   1. On payment of the set-up fee or monthly payment, we grant to you a non-exclusive, non-transferrable license to use the application during the term, in accordance with this agreement.
   2. You must not permit any third party to obtain the application, other than by download through the app stores, and not to re-produce, amend or modify the application through de-compiling, disassembling or reverse engineering the application.
3. Terms of Payment
   1. On set-up of the app, you will be invoiced for your order and payment will be due within 15 days.
   2. The monthly payment shall be paid by you in advance on the first day of each month by direct debit, set up through a GoCardless link, provided from us to you. This will occur once your app is available for download on the Apple or Google Play app store. Each monthly payment will be charged with the inclusion of VAT.
   3. We reserve the right to change pricing by providing three (3) month notice in writing over email, after the end of the minimum term.
   4. In the event of you being late with payment, we may explore the addition of interest being added to your charge, as per the Late Payment of Commercial Debts (Interest) Act, such that we may add a charge on the overdue amounts at the annual rate of 2% over the base rate of Bank of England, accruing on a daily basis and can apply before and after the issue of legal proceedings. We will be entitled to demand the full payment of any outstanding amounts from the minimum term for the monthly payment as well as the set-up fee. Failure to pay us, may also result in us removing your application from the app stores.
   5. In the case of us exercising our right, you agree that we will not be liable for any loss or damage incurred to you for this clause (3.4).
   6. At the end of your minimum term (12-months) your agreement will move to a rolling contract, with two (2) months cancellation notice period.
4. Data Protection and Security
   1. We and you shall comply with the data protection legislation and we will maintain reasonable security measures to protect the security and integrity of any data stored.
5. Cancellation
   1. The agreement can be terminated, by providing two (2) months written notice at any time, on or after the end of the minimum term, with either party being able to cancel for any reasons linked to being unable to pay.
   2. We hold the right in which to cancel this agreement by giving you written notice if we understand any breach of obligations within with this agreement. We will provide thirty (30) days’ notice in writing should we wish to cancel the agreement.
   3. Once the agreement is cancelled, we shall no longer provide services to you and the app will be removed from the app stores. You will pay immediately the balance of any payment remaining.
6. Copyright
   1. All copyright is owned by us, in all content supplied in the app as well as any source code, and you are not permitted to copy any content from the app into another format be it online, another app or software program.
7. General
   1. This agreement is between you and us, being governed in accordance with the laws of England and is not intended to benefit, or be enforceable by, any other person per the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8. Schedule of Services

   The schedule outlines the work provided by us to you for the delivery of the app.

   1. Set-up and design. The app will be provided with your logo and branding and will include our standard template for features. We will invoice for set-up payment, which is payable within 15 days, and we will send you a GoCardless link to arrange the Direct Debit mandate for the monthly payments per the minimum term (12 months).
   2. We will provide you with recommended content for each of the pages of the app, however, we expect you to provide specific content about your firm and the services you provide.
   3. Unless specified by an alternative offer, you can request changes to your app, however, these will be limited to 4 hours of development per year, covered by the monthly payment fee.
   4. In the event of additional hours of development being requested, this will be charged as part of our hourly rate, on top of the monthly fee, at £75 per hour (excl. VAT).
   5. Once your app is complete, and tested, you will need to approve before we then submit to the app store for review. The app store approval process can take up to two (2) weeks. The app is built so that it can run on the latest iOS and Android devices, however, approval for the Apple and Google Play App Store is solely at the discretion of the respective stores and we cannot guarantee that the app will be approved or subsequently removed due to any store policy changes.
   6. We will maintain, as part of the monthly payment fee, ongoing updates to the app, tax content and calculators, in line with legislation as well as resolving any bugs identified. In the event you have subscribed to our content services, we will provide monthly updates on newsletters in the app.
   7. We retain copyright for all content and source code for the app, apart from the content that you have provided specific to your firm.
   8. No access to our source code is permitted unless agreed with us.
9. Warranties
   1. You acknowledge and agree that we make no warranty that the application sold, push notifications and/ or services provided will be free of error, defects or bugs, nor that access to the application will be secure, uninterrupted and/ or free from viruses. There will be no cause for request of compensation from you to us in relation to the points referenced above in this clause (9.1).
   2. We will take all steps, within reason, to make sure that the content and calculators are accurate and up-to-date. We take no responsibility for the accuracy of the calculators and/or tax content/ information. Any information presented in your app is delivered as a reference guide to the end-user and should be used only after receiving professional tax advice.