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Terms & Conditions

By APPSYORK LTD

Please read these Terms and Conditions carefully. All contracts that the Developer may enter into from time to time for the provision of the Developer’s services shall be governed by these Terms and Conditions. By engaging the Developer, the Customer agrees to the acceptance of these Terms and Conditions.

Table of Contents

Terms and Conditions

Definitions

Assignment Works
Visual elements, source code, and style sheets of the website to be assigned to the Customer, as specified in the Statement of Work.

Acceptance Period
A 30-day period after the Assignment Works are provided to address tweaks and bug fixes.

Charges

  • Amounts specified in the Statement of Work and agreed upon in writing.
  •  Calculations based on Developer’s time-based charging rates.

Contract
A specific agreement between the Developer and the Customer under these Terms and Conditions.

Customer
The person or entity identified in  Assignment Works.

Customer Materials
Works and materials supplied by the Customer for use in the Website or Services.

Developer
APPSYORK LTD, a company registered in England, with its office at 13 Rushton Road, Bradford, West Yorkshire, England, BD3 8JQ

Developer Credit
A credit to the Developer on the website, typically located in the footer.

Development Services
The design and development of the Website by the Developer.

Documentation
Any documentation for the Website provided by the Developer.

Effective Date
The date the Contract is executed.

Force Majeure Event
Events outside a party’s control, including natural disasters, attacks, power failures, and more.

Intellectual Property Rights
All types of intellectual property rights worldwide, including copyrights, trademarks, and patents.

Licensed Works
The Website excluding Third Party Materials and Customer Materials.

Services
Services provided by the Developer under these Terms and Conditions.

Source Code
Human-readable software code, excluding interpreted code.

Statement of Work
A written work statement agreed upon by the parties.

Term
The duration of the Contract, starting and ending as per the Contract terms.

Terms and Conditions
The provisions of the Contract, including these Terms and Conditions and the Statement of Work.

Third Party Materials
Works or materials in the Website owned by third parties.

Website
The website developed by the Developer for the Customer under the Contract, as specified in the Statement of Work.

Website Defect
Significant issues affecting the Website’s appearance, operation, or functionality.

Website Specification
The Website’s specification, as set out in the Statement of Work or other relevant documents, subject to changes agreed upon in writing.

Term

  • The Contract starts on the Effective Date.
  • It remains in force until the end of the Acceptance Period when it automatically terminates.
  • The Contract can also be terminated according to Clause 12 or other provisions in these Terms and Conditions.
  • Each Statement of Work creates a separate contract under these Terms and Conditions unless the parties agree otherwise in writing.

Development Services

Timetable

  • The Developer will make reasonable efforts to follow the timetable in the Statement of Work.
  • The Website and Documentation will be shared securely online according to this timetable.

Customer Delays

  • Customer delays may cause Development Service delays.
  • The Developer is not liable for delays caused by Customer delays.

Progress Updates

  • The Developer will keep the Customer informed about the progress of Development Services.
  • Any significant obstacles or likely delays will be communicated to the Customer.

Development Version

  • The Developer will provide the Customer with a current development version of the Website for assessment and feedback.

Contract Termination

  • If the Contract ends before the Website is delivered, the Developer must provide all work in progress within 30 days of termination.

International transfers of your personal data

  • Your data isn’t sent to other countries.
  • Our website is hosted in the United Kingdom, and the European Commission recognizes the adequacy of the UK’s data protection laws.
  • Data stored in the UK is safeguarded by using standard data protection clauses approved by the European Commission.

Retaining and deleting personal data

  • We have data retention policies to meet legal requirements for storing and deleting personal data.
  • Personal data processed for any purpose won’t be kept longer than necessary.
  • We’ll keep your personal data from the confirmation of a work request until the service is completed.
    After the service, your contact details (name, address, email, and phone) will be retained for a maximum of 10 years.
  • We may retain your data if required by law or to protect vital interests.

Customer obligations

  • The Customer should provide cooperation, support, and advice as needed.
  • They must supply necessary information, content, images, and documentation.
  • Ensure governmental, legal, and regulatory licenses, consents, and permits as required by the Developer.
  • The Customer should grant access to their computer hardware, software, networks, and systems as reasonably required by the Developer to fulfill their obligations under the Contract.

Customer Materials

Materials

  • The Customer should provide the Customer Materials as specified in the Statement of Work, following the timetable.

License

  • The Customer grants the Developer a non-exclusive license to use, modify, and distribute the Customer Materials as needed to fulfill their obligations under these Terms and Conditions.

License

The Customer guarantees that the Customer Materials won’t violate anyone’s intellectual property rights, legal rights, or any laws or regulations.

Developer Credit

  • The Developer can place a link to their website (Developer Credit) in the Website’s footer.
  • The Customer must keep the Developer Credit on the Website and any adapted versions.
  • The Customer shouldn’t change the Developer Credit in a way that reduces its value to the Developer.
  • The Customer can only remove the Developer Credit if the Developer requests it.

Charges

Payment of Charges

  • The Customer must pay the Charges to the Developer following these Terms and Conditions.

Time-based Charges

  • If Charges are based on time spent, the Developer needs the Customer’s written consent before exceeding any time estimate or budget.
  • Without written consent, the Customer is not liable for such Charges.

Taxes

  • Amounts in these Terms and Conditions are usually exclusive of applicable value-added taxes, which the Customer must add and pay.

Variation of Charges

  • The Developer can change any part of the Charges with the Customer’s agreement, after discussion and written notice.

Payments

Invoices

  • The Developer will send invoices for Charges as agreed between the Developer and the Customer.

Payment

  • The Customer must pay the Charges upon receipt of an invoice.

Payment Methods

  • Payment should be made by debit card, credit card, direct debit, bank transfer, or cheque using the payment details provided by the Developer.

Late Payment

  • If the Customer doesn’t pay on time:
    • The Developer can charge interest at a rate of 8% per annum above the Bank of England base rate.
    • The Developer can also claim interest and statutory compensation according to the Late Payment of Commercial Debts (Interest) Act 1998.

Termination

Contract Termination

  • The Contract ends automatically at the end of the Acceptance Period unless both parties agree otherwise.

Customer's Termination

  • The Customer can terminate the Contract by giving written notice to the Developer.

Termination by Either Party

  • Either party can terminate the Contract immediately if:
    • The other party commits a significant breach that can’t be fixed.
    • The other party commits a breach that can be fixed but doesn’t fix it within 30 days of receiving written notice.
    • Specific financial or legal conditions occur for the other party.

Developer's Termination

  • The Developer can terminate the Contract immediately if:
    • The Customer doesn’t pay an overdue amount, and it remains unpaid after a notice period.

General

Waiver

  • No breach of the Contract can be forgiven without written consent from the party not in breach.

Unlawful Provisions

  • If a court deems any Contract provision unlawful or unenforceable, the other provisions will remain valid.
  • If part of a provision could be made lawful by removing it, that part is deleted, and the rest remains in effect.

Contract Amendments

  • The Contract can only be changed by a written document signed by both parties.

Assignment

  • Neither party can transfer, assign, or deal with contractual rights or obligations without written consent from the other party.

Third Parties

  • The Contract benefits only the parties involved; it’s not meant for third parties.

Entire Agreement

  • These Terms and Conditions form the entire agreement, replacing any previous agreements.

Interpretation

  • References to statutes or provisions include any modifications, consolidations, re-enactments, and subordinate legislation related to them.
  • When we mention “calendar months,” we mean the 12 named months like January, February, and so on.
  • General words are not limited by being preceded or followed by words indicating a specific class of acts, matters, or things.

Appsyork LTD
13 Rushton Road, Bradford, West Yorkshire, England, BD3 8JQ

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