We may amend these Terms and Conditions from time to time. Please check back regularly to ensure that you are kept updated.
1.1 The Client: The company or individual requesting the services of The App Now
1.2 Services and Products: Includes but not limited to websites, templates, codes and graphic designs. Services and products can be used interchangeably.
1.3 Specification: The specification set out in the order form and/or The App Now’s invoice for the Services and to which these terms are attached, as applicable.
1.4 Project Sign-off: Acceptance of the product, which involves making sure that all the deliverables are there, and all the deliverables are according to the statement of work
1.5 Intellectual Property Rights: All intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
2 Term of Services
2.1 We will provide the Services in accordance with the Specification to be a written or verbal contract between The App Now and the Client, this includes telephone and email agreements.
2.2 We will carry out work only where an agreement is provided either by email, telephone, mail or fax.
2.3 Photos Images are not included in our website pricing, nor is the photo and images editing included. Please provide your own images and if you do require retouching we can provide services at no additional cost.
2.4 We can also source stock images for your website with an additional cost and the cost will be varied. The App Now will not be held responsible for any images you provide us that result in a breach of copyright or privacy because you have illegally obtained that image elsewhere.
2.5 Any designs, scripts, applications, templates or software written by The App Now remain the property of The App Now until all outstanding accounts are paid in full.
2.6 We accept no liability for any copyright infringements caused by materials submitted by the Client or used by the Client.
2.7 We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
2.8 We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
3 Client Obligations
3.1 The Client agrees to make available as soon as is reasonably possible to The App Now all materials required to complete the site to the agreed standard and within the set deadline.
3.2 The Client will not use any part of the Product for any other revenue-earning purposes or to provide any services to third parties.
3.3 The Client will notify The App Now of any changes to the information, data and documentation it provides to The App Now where relevant.
3.4 Acceptance of the product will be deemed to have taken place when the Client uses any part of the content for any revenue-earning purposes or to provide any services to third parties other than for test purposes; or if the Client fails to approve the product within 30 days of being provided with the product by Rainstorm Studio.
3.5 Where The App Now is required to comply with any third party website owner’s platform selling policy or similar rules or regulations, the Client agrees that it will provide The App Now with all reasonable assistance in ensuring that it is able to comply with the same.
4.1 All projects will require a 50% upfront deposit before we can commence work.
4.2 If the Client wishes to cancel the Services, any deposit paid by the Client will be non-refundable in such instances.
4.3 A full non-refundable payment is required prior to your project completion and “live” delivery. Live delivery means that your project is able to be uploaded to a server and you can view and use your back end system to add products etc.
4.4 We will not be able to make any further design or layout changes after the “live delivery” of your project and we will do not offer any refunds for change of mind.
4.5 The Client will pay to The App Now the fees in accordance with the quotation agreed by both parties. All fees are exclusive of GST.
5.1 The product will not be permitted to operate in a live environment until the payments have been received by The App Now in full, or unless agreed otherwise by both parties.
5.2 Products and services provided by The App Now should perform substantially in accordance with the Specification Requirement for a period of 30 days from project sign-off.
5.3 The warranty will not apply to the extent that any failure of the product to perform substantially in accordance with the specification is caused by any act or omission of the Client or any third party.
5.4 The App Now cannot warrant that changes made by a third party website owner such as Magento, WordPress eBay or any other platforms to its website platform will not affect the Services, The App Now will not be liable for any damage or loss suffered by the Client as a result of such changes.
5.5 The Client may terminate the Services at any time on by providing The App Now with no less than seven days’ prior written notice.
5.6 On expiry or termination of these Terms: each party will immediately cease to use any and all materials belonging to the other party and promptly return the same to the other party; and all provisions of these Terms will cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue will continue in full force and effect.
For any enquiry, please contact us at:
The App Now
Shop 5/203 Ballarat Road, Footscray Vic 3011, Australia