THIS TERMS AND CONDITIONS IS AN AGREEMENT (AGREEMENT) BETWEEN APPABILITIES ("COMPANY") AND THE CLIENT (“CUSTOMER” “CLIENT”, YOU). APPABILITIES PROVIDES YOU ACCESS TO THIS WEBSITE HTTP://APPABILITIES.COM/ (THE "SITE") FOR SERVICES AVAILABLE ON THIS SITE, AND TO CERTAIN DESIGNING AND DEVELOPMENT SERVICES FOR HAND HELD COMPUTERS AND MOBILE PHONES. AS FURTHER DESCRIBED BELOW (COLLECTIVELY, THE "SERVICES"). ACCESS TO THE SITE AND USE OF THE SERVICES IS GOVERNED BY THESE TERMS, AND MAY BE MODIFIED BY COMPANY FROM TIME TO TIME AND BY THE PROPOSALAND CUSTOMER TERMS AND CONDITIONS, WHICH IS SIGNED UPON PURCHASE OF THE SERVICES. YOUR ACCESS AND USE OF THE SITE AND THE SERVICES WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS POSTED ON THE SITE AT THE TIME OF SUCH USE. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU INDICATE YOUR ACCEPTANCE AND TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS, DO NOT ACCESS OR USE THE SITE AND SERVICES.
Appabilities ("Company”) provides various Services (“Services") which are categorized as under:
a. Mobile Applications
Designing, development, maintenance and of Mobile Appalications including IOS Applications, Android Applications, Mobile Games and such other Applications.
b. Other Services
Designing, development, maintenance and hosting of Websites, Web Portals, Widgets, Logos, Banners and such other services.
Proposal (the "Proposal ") sets forth which Services are being purchased by the CLIENT who signed the Proposal ("you" or "CLIENT"), the costs for such Services, and other relevant details. The Terms and Conditions for the Services ("Services Terms") are incorporated by reference into and made a part of signed Proposal submitted to Appabilities and govern the relationship between you and Appabilities.
III. INTELLECTUAL PROPERTY
All content on the Site, including but not limited to, designs, text, graphics, pictures, information, and their selection and arrangement ("Content") are the property of Appabilities or its licensors. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Content, the Site and/or any portion of the Site. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site. The trademarks, logos and service marks ("Marks") displayed on this Site are the respective properties of Appabilities and other third parties. You are not permitted to use the Marks without the prior written consent of Appabilities or such third party that own the Marks. "Appabilities" and the Appabilities logo are trademarks of Appabilities.
IV. FEES, PAYMENTS, TERMINATION, REFUNDS
Mobile Application are usually developed in four phases. You agree to pay the amounts set forth in the Proposal at completion of each milestone. Following are the details of phases and milestones.
|Proposal Phase||Proposal is signed by the CLIENT|
|Design Phase||Designing of the Application is completed|
|Alpha Phase||Initial development of the Application is carried out|
|Beta Phase||Development of the Application is completed|
If any other payments frequencies are made part of the Proposal, Appabilities shall have the right to charge the CLIENT’s Card or debit from your account through ACH for Fees in accordance with Terms of the Proposal.
There will be additional Service fee for the delivery of any premium services that Appabilities is asked to provide.
Work on a new phase will be started by Appabilities only after receiving the payment of fee of the previous phase.
The Fees are not inclusive of sales tax, VAT or similar taxes which may be applicable. If applicable, sales, VAT and similar taxes shall be your sole responsibility and may be assessed on the invoice. Please note that the sales tax shown on an Proposal is only an estimate. The actual amount of sales tax will be determined at the time that payment is made.
All payments are due in U.S. dollars. You shall pay for all amounts payable under this Agreement by the following Appabilities acceptable payment methods:
You will be required to agree to the applicable payment authorization form(s), which also permits Appabilities to recover any Promotional Credits and collect Cancellation Fees. With prior approval of Appabilities, under certain circumstances you may pay by check or other mode of payments. In ACH payments or other special payment arrangements no amounts owing are considered paid until they are received in the Bank Account of Appabilities.
The Agreement shall commence upon execution of a Proposal and, unless otherwise communicated, shall continue until cancelled in accordance with the terms of this Agreement.
Unless otherwise provided in the Terms, both you and Appabilities may cancel any requisition or Service at any time and for any reason by emailing. A cancellation made by you shall be revocable at your option and shall be effective only if made in writing via email.
You understand and acknowledge that due to the nature of the Internet, certain information regarding you that was posted on the Internet as part of the Services may continue to be available on the Internet following termination of Services and/or the Agreement. All provisions of the Agreement that by their sense or nature should survive termination of the Agreement (including, without limitation, all limits of liability, indemnity obligations, and confidentiality obligations) shall survive. Without limiting the generality of the foregoing, in the event of any termination, you shall remain liable for any amounts due to Appabilities as of the effective date of termination.
V. HANDING OVER
On end of Beta Phase, the Service shall be made available for your use after receipt of complete payment due against the Service.
Master files, source codes and editable formats of designs shall be handed over to you after receipt of complete payment due against the Service.
VI. NO REFUNDS
Since payments become due after completion of a phase you understand and agree that no amount already paid to Appabilities is refundable.
VII. REPRESENTATIONS, WARRANTIES AND COVENANTS
You represent and warrant that you have all necessary rights and authority to enter into the relationship with Appabilities contemplated by the Agreement. You represent, warrant and covenant that the Existing Site, any content linked to the Existing Site, and any content or materials that you provide to Appabilities do not and will not: (a) infringe on any third party's copyright, patent, trademark, trade secret, moral right or other proprietary rights or right of publicity or privacy; (b) violate any law, statute, ordinance or regulation, including, without limitation, laws and regulations governing export control, false or misleading advertising or unfair competition; (c) be defamatory or libelous; (d) be pornographic or obscene; or (e) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You further represent, warrant and covenant that the product or service that is being (or will be) promoted through any campaign is (i) lawful and (ii) not the subject of any ongoing investigation by any local, state or federal regulatory or quasi-regulatory authorities.
You indemnify, defend (with counsel reasonably acceptable to Appabilities) and hold harmless Appabilities, the Publishers, their subsidiaries, affiliates and parent companies and each of their respective directors, officers, agents and employees and each of their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including without limitation reasonable attorneys' fees and expenses) incurred in connection with any claim, action or proceeding arising from or relating to: (i) any breach by you of any representation, warranty, covenant or other obligation contained in these Services Terms or Web Presence Terms; (ii) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account; (iii) the sale, license, supply or provision of your goods or services; or (iv) any other act, omission or misrepresentation by you. Appabilities reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If Appabilities does assume the defense of such a matter, you will reasonably cooperate with Appabilities in such defense. You will not enter into any settlement or compromise of any such claim, which settlement or compromise would result in any liability to, or any admission of wrongdoing by, any indemnified person or entity, without Appabilities's prior written consent. Appabilities will indemnify, defend, and hold you harmless from and against any loss, damage, cost, liability or expense (including reasonable legal fees) arising out of any claim that any Appabilities technology used in connection with its provision of the Services infringes the copyright, patent, trade secret or other proprietary rights of any third party, provided that notice is given to Appabilities promptly of such claims and that you provide such assistances as may be reasonably required in the defense of such matters.
Except as may be required by applicable law, you shall not disclose the contents of the Agreement to any third party (other than its employees and representatives who are made aware of and agree to this restriction) without Appabilities's prior written consent. Except as otherwise expressly herein permitted, no party may issue a press release concerning the existence or terms of the Agreement without the prior written consent of the other party. In addition, except as may be required by applicable law, you may not disclose any Confidential Information regarding Appabilities. "Confidential Information" means information about Appabilities's (or its suppliers') business, products, technologies, strategies, financial information, operations or activities that is proprietary and confidential, including without limitation all business, financial, technical and other information disclosed by Appabilities. Confidential Information will not include information that you can establish is in or enters the public domain without breach of these confidentiality obligations.
X. DISCLAIMER OF WARRANTIES
APPABILITIES PROVIDES ALL SERVICES PERFORMED HEREUNDER AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED AVAILABILITY. IF THE SERVICES AND WEB PRESENCE SERVICES ARE INTERRUPTED OR DELAYED, APPABILITIES'S SOLE OBLIGATION WILL BE TO RESTORE SUCH SERVICES AS SOON AS PRACTICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPABILITIES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. APPABILITIES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (ii) CLAIMS RELATING TO INFRINGEMENT OF ANY THIRD PARTY'S INTELLECTUAL PROPERTY (OTHER THAN BY THE PLATFORM) OR DEFAMATION; (iii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF ANY OF THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR USE OF APPABILITIES'S SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (v) INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (vi) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; (vii) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES; OR (viii) MATTERS BEYOND APPABILITIES'S REASONABLE CONTROL. APPABILITIES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE OFFERINGS OR ANY LINKED WEB SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPABILITIES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE SERVICES TERMS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APPABILITIES MAKES NO GUARANTEES WITH RESPECT TO THE PERFORMANCE OF ANY CAMPAIGN OR ANY PRODUCT OR SERVICE.
XI. LIMITATIONS OF LIABILITY
NO CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOST DATA OR LOST PROFITS (EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING EXCLUSION OF LIABILITY WILL NOT APPLY TO (I) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, INCLUDING ANY AMOUNTS PAYABLE IN CONNECTION THEREWITH; (II) TO YOUR CONFIDENTIALITY OBLIGATIONS; AND/OR (III) EITHER PARTY'S WILLFUL MISCONDUCT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Appabilities may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Appabilities's liability will be the minimum permitted under such law.
XII. GOVERNING LAW
The Agreement will be governed and construed in accordance with the laws of the United States of America without giving effect to conflict of laws principles.
If you have any comments or questions regarding our Terms, please contact us at firstname.lastname@example.org, or call at 844-402-4860.
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