Terms and Conditions
Our Terms & Conditions – Apps Plus, a division of Image+ Ltd.
Intellectual Property & Copyright
- - Apps Plus has the right to hold intellectual copyright over any material that is created for clients unless otherwise agreed with the client.
- - The client possesses copyright over any materials provided by them and grants Apps Plus. the rights and permissions to use and publish the material. The client must obtain the rights and permission to use content or materials provided by third parties.
- Prices & Charges
2.1 - All quoted prices will exclude VAT which will then be additionally charged at the rate of the time when the payment is made.
2.2 - All quoted prices will expire after 30 days. (Unless there is an agreement or has been stated otherwise).
2.3 - All quoted prices are only illustrative estimates and the price charged will remain the same and unaltered at the time of invoice. (Unless an agreement has been made.)
- Apps Plus reserves the right to alter the price to reflect any changes in costs to supply their service. Examples of additional charges would be the purchasing of stock images or fonts.
- Delivery of Service
3.1 - Apps Plus will commence work when there is an official receipt upon a purchase order or form of payment.
3.2 - All specified dates and deadlines for projects are only estimates.
3.3 - Apps Plus may require materials and/or content for the client’s project.
To maintain efficiency within the business, Apps Plus allows 5 working days for any required materials needed to be delivered by the client. (Unless an agreement has been made)
Apps Plus reserves the right to invoice payments for the outstanding amounts if they have completed everything stated in the project without the requirement for the client’s input.
- The client has the right to review the project’s appearance and content during the design phase. The client will also be able to review the project once it has been completed.
- Payment Terms
4.1 - Apps Plus accepts Cash, Cheques & BACs Transfers.
4.2 - Apps Plus reserves the right to charge a late payment fee should any invoice exceed its terms which is in full support of the "Better Payment Practice Campaign" governed by the 'Late Payment of Commercial Debts Regulations 2002'.
4.3 - Any late payments may also incur interest charges at the current rate governed by the 'Late Payment of Commercial Debts (interest) Act 1998'.
4.4 - The failure to pay according to the payment schedule may result in suspension of the provided service.
4.6 - Apps Plus reserves the right to take legal actions to recover the cost of services supplied should payment not be received from the client.
4.8 - Apps Plus may recover any costs of taking legal action against the client.
4.9 - If the client owes Apps Plus outstanding expenses, the right is reserved by Apps Plus to retain the goods or services until the payment has been made in full.
4.10 - All invoices must be paid within 30 days of the invoice date, failure to do so will entitle Apps Plus to enforce all payment terms as listed above.
4.11 - Apps Plus is entitled to all rights to agree a stage payment procedure with the client on certain projects and all payment terms above will be enforced.
5.1 - If the client has any queries referring to invoices supplied, then they must be made in writing no later than 10 (ten) working days from the invoice date.
5.2 - If a client fails to dispute within this time period, then Apps Plus reserves the right to mark the invoice as acceptance and the client will be liable for the full invoice amount.
6.1 - Any waiver or variation of these terms is binding in honour only unless;
6.1.1 - Made (or recorded) in writing;
6.1.2 - Signed on behalf of each party;
6.2.3 - Expressly stating an intention to vary these terms.
6.2 - All orders that are placed by clients will be on these terms (or any that may be issued on both parties to replace them).
- Force Majeure
7.1 - If Apps Plus is unable to meet their obligations to the client or is able to perform them at an unreasonable cost because of uncontrollable circumstances. Apps Plus may cancel or suspend any obligations without liability.
7.2 - Examples of uncontrollable circumstances include acts of God, accidents, war, fire, flood, transport delays, strikes, other industrial disputes and difficulties obtaining supplies.
- Jurisdiction / Applicable Law
8.1 - Any contracts made under these terms are applicable under the English Law. The English and Welsh courts have non-exclusive jurisdiction.
8.2 - If the client is more than one person, then each person is liable for all of your obligations under these terms (joint and several liabilities).
8.3 - If any of these terms are unenforceable as drafted:
8.3.1 - It will not affect the enforceability if any other of these terms; and
8.3.2 - If it would be enforceable if amended, it will be treated as so amended.
8.4 - We may treat you as insolvent if;
8.4.1 - You are unable to pay your debts as they fall due; or
8.4.2 - You (or any item of your property) become the subject of:
a) Any formal insolvency procedure (examples of which include receivership, liquidation, administration or bankruptcy).
b) Any application or proposal for any formal insolvency procedure; or
c) Any application, procedure or proposal overseas with similar effect or purpose.
9.1 – Apps Plus excludes itself, its employees and/or agents from all and any liability from loss or damage (including indirect or consequential loss) caused by inaccuracy, omission, delay or error that may arise from the contract or the supply of goods of their use, even if the company is proven to be negligent.
9.2 – Apps Plus’s total liability to the client (from one single cause) for damage to property caused by the companies' negligence is limited to the companies' current insurance policy.
10.1 – If the client wishes to cancel their project at any time during the process, the client will remain liable for paying the company in full for all finished or unfinished work which the company may then hold for the duration of the completed order. In the event of a cancellation, Apps Plus reserves their intellectual property rights and may request their removal.
10.2 – Apps Plus may suspend or cancel the order of the client by written notice if;
10.2.1 - The client should fail complete any due payments;
10.2.2 - The client becomes insolvent;
10.2.3 - The client fails to honour their obligation under these terms.
10.3 - The client may not cancel unless Apps Plus agrees, which in this case this must be in writing. Clause 10.1 still applies.