Website Services Terms & Conditions
The following terms and conditions apply on purchasing any of our Website services and in doing so you agree to be bound by these.
- Definitions
- 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.
- “you” and “your” means or refers to the company, firm or individual placing the order.
- “application” means any of the Website or technology platforms online and mobile provided by us.
- “minimum term” means a period of twelve (12) months from the date of your website being published and made available online.
- “set-up fee” and “monthly payment” means the fees payable by you to us for both the initial design of your application and the ongoing payment each month for hosting, supporting and maintaining the application.
- “schedule of service” refers to the detail of the services which we are to provide to you.
- License Use
- On payment of the set-up fee or monthly payment, we grant to you a non-exclusive, non-transferrable licence to use the application during the term in accordance with this agreement.
- You must not permit any third party to obtain the application and not to re-produce, amend or modify the application through de-compiling, disassembling or reverse engineering the application.
- Terms of Payment
- On set-up of the application, you will be invoiced for your order and payment will be due within 15 days.
- The monthly payment shall be paid by you in advance on the first day of each month by direct debit, set up through GoCardless link provided from us to you. This will occur once your application is published online. Each monthly payment will be charged with the inclusion of VAT.
- We reserve the right to change pricing by providing three (3) month notice in writing over email, after the end of the minimum term.
- 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 being online.
- In the case of us exercising our right, you agree that we will not be liable for any loss or damage incurred by you for this clause.
- At the end of your minimum term (12 months) your agreement will move to a rolling contract, with two (2) months cancellation notice period.
- Data Protection and Security
- 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.
- Cancellation
- The agreement can be terminated 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.
- We hold the right in which to cancel this agreement by giving you written notice if we understand of any breach of obligations linked with this agreement. We will provide thirty (30) days’ notice in writing should we wish to cancel the agreement.
- Once the agreement is cancelled, we shall no longer provide services to you and the application will be removed from online. You will pay immediately the balance of any payment remaining.
- Copyright
- All copyright is owned by us in all code and plugins modified on WordPress templates in the application and you are not permitted to copy any source code from the application into another format be it online, another app or software programme.
- General
- 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.
- Schedule of Services
The schedule outlines the work provided by us to you for the delivery of the application.
- Set-up and design. The application – the website, will be provided with your logo and branding and will include our standard WordPress 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).
- The application will be hosted by us through our preferred supplier. This will be charged as the monthly fee of £89 per month, excluding VAT, for the minimum term. Should you wish to remove your application from our hosting; the full minimum term or the amount outstanding to be paid of the minimum term, will need to be paid, after which the application will be provided to you for your chosen hosting provider.
- We will provide you with recommended content for each of the pages of the application, however we expect you to provide specific content about your firm and the services you provide.
- Unless specified by an alternative offer, you can request changes to your application, however these will be limited to 2 hours of development/design per month, covered by the monthly payment fee.
- In the event of additional hours of development requested, this will be charged as part of our hourly rate on top of the monthly fee at £75 per hour (ex. VAT).
- Once your application is complete and tested by us, you will need to approve before we then submit to be published and hosted online. The can take up to two (2) weeks.
- We will maintain as part of the monthly payment fee, ongoing updates to the application, tax content and calculators where requested, in line with legislation as well as resolving any bugs identified.
- We retain all code for the application apart from the content you have provided specific to your firm.
- No access to our source code is permitted.
- Warranties
- You acknowledge and agree that we make no warranty that the application sold and services provided will be free of error, defects and bugs, and that access to the application will be secure and uninterrupted and 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).
- We will take all steps within reason to make sure the content and calculators (where requested) are accurate and up to date, however we are not responsible for the accuracy of the calculators and tax content / information such that any information presented in your application is delivered as a reference guide to the end user and should be used only further to receiving professional tax advice.