Mobile App Terms and Conditions
Terms and Conditions APPLICABLE TO ALL MOBILE APP PACKAGES
- Basileia Marketing and Media will only use materials that are in accordance with copyright laws and the Client will not provide material to Basileia Marketing and Media for use in a mobile app design that violates such laws. The client represents to Basileia Marketing and Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Basileia Marketing and Media for inclusion in a mobile app are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Basileia Marketing and Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
- Basileia Marketing and Media shall not be held liable for the accuracy of any information supplied by the Client and contained in Client’s mobile app(s).
- All payments to Basileia Marketing and Media are non-refundable.
- While Basileia Marketing and Media works hard to complete mobile apps quickly and ahead of schedule, there is no guaranteed time of completion.
- Basileia Marketing and Media will not give out Client’s confidential information, including but not limited to names, addresses and trade secrets. Basileia Marketing and Media agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.
- The Client will supply the content of the Web pages.
- Extra charges for stock photos, art or other media or content may apply if the Client chooses to use them.
- Design and/or maintenance beyond the scope of the mobile app package the Client chooses will be billed at $75 an hour. (For example, community functionality, forums, shopping carts, plugins and similar extended functionality is not covered in your package.)
- If the client or an agent other than Basileia Marketing and Media attempts updating the Client’s mobile app(s) which results in a technical problem, time to repair the site will be assessed at the hourly rate.
- After the mobile app is completed, Basileia Marketing and Media is not responsible to address problems or conflicts with with plugins, content, updates or any other element. We are happy to help resolve the issue at our regular hourly rate.
- After 2 rounds of revisions, any additional revisions will be billed at $75 per hour. (A revision is measured per element. For example, a custom image in a slideshow can be revised twice as can the general layout of the mobile app.)
- Copy-writing or any content creation will be assessed at the hourly rate.
- Basileia Marketing and Media reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
- We use what we consider to be the most powerful and flexible framework available for use with CMS driven sites. However, as with any framework or platform, there are design, style and functionality boundaries that we must work within. Be aware that the specific design, style or functionality you would like included in your site may or may not be feasible.
- Basileia Marketing and Media is not responsible for failure, conflicts or discontinuation of third party plugins and functionality.
- Basileia Marketing and Media provides professional, custom graphic design. The mobile app framework we use provides for a certain degree of flexibility in regard to layout. Customization of the layout beyond those limits is not included in any package. Custom coding, changing of code, implementation of additional frameworks, plugins or other elements required to achieve specific functionality beyond a basic installation is not included in the package. If feasible, such functionality can be added to the package at our regular hourly rate.
- Copyright to the finished assembled work of mobile app produced by Basileia Marketing and Media, is owned by Basileia Marketing and Media. Upon final payment of this contract, the client is assigned rights to use as a mobile app the design, graphics, and text contained in the finished assembled mobile app. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Basileia Marketing and Media retains the right to display graphics and other mobile app design elements as examples of their work in their respective portfolios.
- Payments must be made promptly. Delinquent bills will be assessed a $90 charge if payment is not received within 30 days of the due date. If an amount remains delinquent 45 days after its due date, an additional 5% penalty will be added for each month of delinquency. Basileia Marketing and Media reserves the right to remove mobile apps from active service until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
- The client agrees that under no circumstances will Basileia Marketing and Media be held liable for any financial or other damages due to server failures, loss of data or other failures. In no event shall Basileia Marketing and Media be liable to the client or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
- ALL MOBILE APPS must be hosted by Basileia Marketing and Media
- All Mobile Apps and Mobile App Packages require payment upfront - No Cash Refunds!
- Failure to pay the monthly subscription will result in the deactivation of the mobile app until payment is made.
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