Terms and Conditions
The following terms and conditions apply to all web development services provided by Appetising Development LTD. Last updated: 31/08/20
1. Parties included in our Terms and Conditions
The terms “Appetising Development”, “we”, “us”, or “our” refer to the business Appetising Development LTD. Our company number is 12744503 and the company is registered in England and Wales. The terms “client”, “them” and “their” refer to the party receiving the services supplied by Appetising Development LTD.
2. Acceptance of Terms and Conditions
Acceptance of a quote from us, by signature and return, will be deemed as the client’s acceptance of these Terms and Conditions and together with the terms expressed on the quote agreement form a binding contract between the client and Appetising Development LTD.
3. Validity of quotes
3.1 Quotes for services are valid for 30 days and we reserve the right to alter and/or decline to provide a quote after the expiry date stated on the client’s initial quote document.
3.2 The quote details the services that we will provide and the corresponding cost in GBP for these services. Any amendment to the listed services, made either by the client or by us, is liable to incur additional charges. Any such amendment will be communicated in advance of any chargeable work being carried out and must be agreed upon by both parties.
4. Planned launch date
If a launch date is applicable to the project undertaken by us, this will be estimated in correspondence with the client prior to work commencing. This estimation is in no circumstances legally binding. We reserve the right to amend an estimated launch date, only if deemed reasonable, and will communicate any such changes to the client at the earliest opportunity. Reasons for changes to the launch date include, but are not limited to, changes outside of the design at the request of the client, content not supplied to us on time, and incapacitation or illness.
5. Completion of works
5.1 Once the development is complete and approved by us, the work will be made available to the client to review. The client will have seven days to notify us, in writing, if they do not accept completion of the project, otherwise the project will be deemed complete and accepted at the end of this period.
5.2 If the work is rejected, as not fulfilling the quoted design, we will engage in further development as part of the quoted price.
5.3 The client shall not unreasonably reject work provided by Appetising Development, where it meets the specification outlined in the quote agreement.
5.4 In the event of a dispute the original design and services outlined in the quote agreement will be referred to as the expectation of work to be provided.
5.5 Once the project is complete and accepted by both parties, the client will be invoiced for the works carried out. Any changes required beyond the date of invoice will be subject to a new quote.
6.1 Payment is due 30 days after the invoice date to the account nominated on the invoice.
6.2 If payment is not received, in full and in cleared funds, within 30 days of the invoice date, the client’s account will be considered in default and steps will be taken to recover the debt.
6.3 The client will be liable for any legal costs incurred by us in relation to the debt recovery.
6.4 If a client remains in default of payment for more than 30 days, we reserve the right to terminate the contract. This will not affect their payment liability.
7. Client obligations
7.1 The client may have obligations to carry out that enable us to provide the services outlined in the quote agreement. These obligations include, but are not limited to, obtaining a domain name, subscribing to a hosting service, purchasing a relevant license, and supplying content. These obligations will be clarified before chargeable work commences.
7.2 If the client fails to carry out any of their obligations within reasonable time after our request, we reserve the right to suspend work on their project, at which point we shall confirm the client is in default of their obligations. If the client’s default causes a delay of more than 30 days to the project, we will invoice for all chargeable work carried out to the date of confirmed default.
7.3 If a client remains in default of obligations for more than 30 days, we reserve the right to terminate the contract. This will not affect their payment liability.
8.1 The client is responsible for all content that they supply to Appetising Development, and agrees to indemnify us and relieve us from any legal liability or costs sustained that relate to claims or legal actions arising from the use of their content.
8.2 The client must have all necessary permissions and authorities for the supply and use of their content, before providing it to us.
9. Intellectual property rights
9.1 All bespoke intellectual property rights that comprise the project are the property of Appetising Development until paid for in full by the client.
9.2 Any intellectual property rights that are not bespoke to the project will remain the property of Appetising Development and must not be copied, published, or given to any third party in any form without prior written consent from us.
9.3 Any third party intellectual property rights will be subject to the third party’s terms and conditions of use and ownership.
10. Use of projects for our online portfolio
10.1 We may feature any of our client’s work on our online website, including the client’s name, website address, screenshots, and a brief description of the works carried out. No personal information relating to individuals within the client’s organisation, contact details for the client, or payment details for the services, will be made public by us.
10.2 We may invite clients to review our work on various platforms, or request feedback, however there is no obligation to leave a review or give feedback through any of these channels.
10.3 This clause will survive termination of service from us to the client.
11. Supply of third party services
Appetising Development accepts no liability for the suitability, functionality or security of a third party service provided directly to the client, including but not limited to web hosting providers, domain name registrars, payment gateways, frameworks, code libraries and plugins.
12. Ongoing support and maintenance
12.1 After the work has been accepted and invoice settled, Appetising Development does not accept responsibility for ongoing maintenance or support. Exclusions to this are if a Maintenance Service product has been purchased by the client, which is subject to the additional Terms and Conditions outlined in the client’s Service Product Agreement.
12.2 Every effort is made to ensure working functionality of the site after its launch however browser issues can arise that may cause errors outside of our control, for instance if the browser policy or functionality is changed by the vendors. New code or functionality required to fix such issues are subject to a new quote.
12.3 If the client, or a third party instructed by the client, removes or alters functionality or settings, the website or application may stop working as intended. Appetising Development cannot be held responsible for any alterations, including additions, deletions, or modification, made by the client or a third party to the website or application. Remedial work in these instances can be provided, subject to a new quote.
12.4 If you host your site with Appetising Development this is subject to the additional Terms and Conditions outlined in the client’s Service Product Agreement.
12.5 Hosting service disruptions outside of our control include, but are not limited to, terrorism, war or natural disaster damaging the host servers, or the host provider closing permanently. We will inform you of any unexpected changes to your hosting service as soon as is reasonably possible. Where appropriate, and with your consent, we will endeavour to move your site to a new provider, which may incur additional costs.
12.6 This clause will survive termination of service from us to the client.
13.1 A client may terminate the contract between us and them at any point by giving written notice to Appetising Development. Upon receipt, we will confirm in writing and invoice the client for all work supplied, up to the date of confirmation. The client must pay this, along with any other outstanding invoices, within 30 days.
13.2 If an unforeseen event such as war, change in government law, default of third party suppliers, vandalism to our premises or equipment, flood, or fire, or long-term utility outage, prohibits us from fulfilling the contract, either party may terminate the contract with immediate effect.
13.3 Appetising Development may terminate a contract if a client is in default of payment (see clause 6.4) or default of obligations (see clause 7.3).
13.3 Clauses which survive termination will continue to be in effect.
14.1 The client is not permitted to divulge any technical or operational information relating to Appetising Development to any external party, unless required by law. This includes but is not limited to designs conceived by us that have not been released to the client, our processes, our pricing structure, our technical knowledge, or our training material.
14.2 The client may disclose technical or operational information to their employees or subcontractors for the sole purpose of running the website or application.
14.3 This clause will survive termination of service from us to the client.
15. Limitation of liability
15.1 To the extent permissible by law, Appetising Development, accepts no liability for any loss of profit, or any direct or indirect loss or incurred costs relating to the services provided, that occur after agreed completion (see clause 5).
15.2 Prior to agreed completion, we accept no liability for any loss of profit, or any direct or indirect loss or incurred costs relating to the services provided, unless a breach of contract that was reasonably within our control has occurred. Our liability is limited to 100% of payments received from the client up to the date of the breach.
15.3 This clause will survive termination of service from us to the client.
16. Governing law
These Terms and Conditions, and any dispute or claim arising from them (either contractual or non-contractual) will be governed by, and construed and interpreted in accordance with, the law of England and Wales.