1. Our Intellectual Copyright:
We will hold intellectual copyright of any source code, graphic designs and/or logos and copy created specifically for the client until payment of the final invoice. At this time it will become the property of the client.
2. Clients Responsibilities with Regard to Copyright:
In situations where the client provides images, text and animations for their mobile app they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by us in the construction of the mobile app may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single mobile app and may not be used in publicity material. The mobile app owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
3. Clients Feedback & Deadlines
The client must provide nForto with accurate and precise feedback only by email unless we otherwise agree to or require an alternative method of delivery. This feedback must offer a genuine representation of the client’s experience with the project.
Client-imposed deadlines can only be guaranteed by nForto in such cases where the client agrees to submit the final content in its entirety. Failure to do so will render any proposed deadline null and void.
If the Client doesn’t provide any feedback but requires the mobile app to go live, then any work/amendments required by the Client after the go-live date will be the subject of additional fees based on our hourly rate of £90 plus VAT unless the client has active monthly plan that allows such amendments at no cost.
4. Limitation of liability
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance our work, whether in contract or otherwise, even if the other has been advised of the possibility of such loss or damages. Our total liability under these conditions with respect to the work, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by the client to us.
Should the client wish to cancel a project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the mobile app commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
7. Advance Payment:
We ask for a minimum deposit of 30% of the project value. We reserve the right to request a higher deposit in certain situations.
8. Payment terms:
Payment is currently accepted via credit or debit card at our online billing site. We also accept payment via bank transfer. If a mobile app is hosted with us, then payment is due upon the mobile app going ‘live’. If payment is not received by this point, then we reserve the right to suspend the mobile app until payment is received in full. If the mobile app is hosted externally, then payment is due in full before the code and app design can be released for upload to your hosting server.
For an order totalling lower than £1,000, we require all client content to be ready on acceptance of the quote. Failure to comply with this requirement will require the client to settle the invoice immediately regardless of whether the mobile app is complete.
For an order totalling lower than £1,500 , we require all client content to be ready within one (1) week of acceptance of the quote. Failure to comply with this requirement will require the client to settle all outstanding sums immediately.
9. Future work:
The mobile app is provided to and accepted by the client as a fully functioning, completed work. By agreeing for the mobile app to go ‘live’, the client is accepting that they are fully satisfied with the mobile app. Any future structural or design changes to the mobile app may require the issuing of a new quotation in accordance with clause 3.
10. Compliance with Ecommerce, Accessibility or Other Regulations:
We design mobile apps in accordance with the client’s specifications. It is the client’s responsibility to ensure that the mobile app and its content comply with current regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or regulations related to a specific business or trade. We recommend that where compliance related to any mobile app or business is complex it may be necessary for the client to take legal advice from their solicitor
11. Hacking, defacing, viruses and spyware
Hacking, defacing, virus, database and spyware injection attempts are an unfortunately common part of internet life. Whilst we build your mobile app to be as secure as possible and we have a vast array of monitoring tools for mobile apps hosted with us, we can accept no legal responsibility for any damages to reputation or monetary loss caused by illegal activity or the actions of others once it has been put live. If the mobile app is hosted with us, then we will endeavour to fix the damage or restore from one of our nightly backups free of charge. If you have chosen to host our design for you at your own choice of external hosting location, then any repair work will be chargeable and a quotation will be supplied.
12. Managed Services
If the Client agrees to host their mobile app with us, then that indicates agreement of our managed services terms and conditions which are viewable here.
14. Beta Participation
If the Client agrees to participate in a beta program with us, then that indicates agreement of our Beta Participation Program which are viewable here.