Table of Contents
APPTIDE Terms & Conditions
NOTE: Please read through these terms and conditions carefully, as they set out legal rights and obligations governing the activities and services offered generally by Apptide.
- Our Services are the Production, management and delivery of tailored/ custom made or template ready convertible software application design in compliance with specifications and instructions submitted by the customer.
- Consistent and continuous update service to the customer thereby keeping the customer abreast of the progress and other developments arising from the customers’ project on within the stipulated timeframe of the project as agreed between Apptide and the customer.
- Furnish the contracting customer upon its satisfying Apptide’s contract requirement with access to a demo server to serve as a sample description of the final software product during the delivery and acceptance phase.
- Create, produce, prepare and deliver the software design to be installed by the customer.
- Effect all necessary improvements, changes, modifications and/or alterations to the software design as enumerated in the delivery and acceptance criteria noted below in this Agreement.
OFFERS AND PROPOSALS
- In the course of business endeavors and in the course of carrying on its business, Apptide may make Offers and proposals to potential clients. These Offers and Proposals should be kept strictly confidential and remain the property of Apptide. It is imperative to note that such offers and proposals and all the information contained in them are restricted and shall not be passed to third parties or publicly disseminated without prior written consent and authorization being sought and obtained from Apptide. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information amongst others.
DELIVERY AND ACCEPTANCE
- Apptide will engage all reasonable endeavours in good business-like manner to present and deliver the project to the customer upon conclusion of acceptance testing and certification or approval of the application Vida the demo testing process by the customer on or before the agreed delivery date ceteris paribus. In the course of the Acceptance testing which shall take place during the acceptance period of the product or any other time as convenient for Apptide, the customer will carry out acceptance tests via an online demo server to determine the following:
- Whether the design conforms in all form and content with the original instruction or specification as laid out in the customer’s Request Form/ Specification Requirements/ Project Proposal.
- Whether the design and interface is as anticipated by the customer and usable for its purposes.
- Whether in view of the charges, the customer can work with the Charges and payment plan or obligation for the Application in the immediate and progressively as the case may be.
- Whether the design has any structural or any other forms of defects which may be inimical to its usability.
- Whether the application is fit for the purpose for which it was required and ordered for.
- Apptide will not charge any further fee over and above the amount previously agreed with the customer except and not the extent that the customer has taking steps to varied the specifications of the work since the agreement and communicated the said variations to Apptide in writing or any written description.
- Apptide on the other hand will also not embark on introducing any major changes or modifications to the original instruction or specification of the work where such will not undertake changes to the specifications of the work where such changes or modifications would increase the cost of the project, without prior written consent and approval been sought and obtained from the customer which approval the customer in the usual course of business will not unreasonably withhold.
- A 50% or more depending on the particular agreement with individual customers is payable as initial deposit by the customer to Apptide before the start of project. The final 50% payment or any such other outstanding fees may be paid in the course of the delivery of the project by the customer or at the before the design is released to the customer upon conclusion of the delivery and acceptance process and by the customer.
SUPPLY OF MATERIALS
- The customer is required as a matter of course to supply all materials and information required for Apptide to complete and deliver the work or project in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos, data and other printed materials.
- The customer shall be accessible at all time to provide where necessary, additional information for Apptide to work with. Where the customer’s unavailability or failure for any reason to readily supply such materials, data and information leads to a delay in work progression thereby rendering the job incomplete at the delivery period, Apptide reserves the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.
WARRANTY BY CUSTOMER AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
- The Customer shall obtain and be in lawful possession all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Apptide for inclusion on the Web design project.
- Upon inclusion of these materials and conclusion of the Project by between Apptide for the customer thereby performing the contract to the customer, the customer herein warrants and undertakes that the Project shall be regarded as a guarantee by the customer to Apptide that all requisite permissions and authorization had been obtained and that the inclusion of such material in the Web design project would not constitute any form of tortious liability or criminal offence.
- By agreeing to these terms and conditions, the Customer intentionally removes the legal responsibility of Apptide and indemnifies the same from any claims or legal actions however related to the content of the Customers site or the Project as the case may be.
RIGHT TO TERMINATE
- Apptide reserves the right to refuse or terminate a contract without prior notice, where it is believed or discovered that the Client, their Website, or any material therein is illegal, immoral or otherwise unacceptable.
INTELLECTUAL PROPERTY RIGHTS
- Subject to full payment of the Charges and all bills to Apptide as agreed by the parties, Apptide undertakes not to design or create any design, web application or web page with the exact look and feel of which is: Identical to the look and feel of the Website of the customer or Substantially similar to the look and feel of the Website except where the other website is for a business in the same class of services with the prior customer having the same form and pattern but different contents.
- Under no circumstances shall Apptide be held liable for or responsible for financial or other loss or damage caused by the failure or use or misuse of its software or when accessing the customers web site. The Customer should ensure that data on their site is regularly backed up and that a contingency plan is in place to mitigate or reduce possible incidence of losses as a result of software failure or site access etc.
EVENTS BEYOND THE CONTROL OF APPTIDE
- Apptide shall not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Apptide.
- Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient provided that the fundamental tenets of human rights, natural justice, equity and good conscience shall be wholly complied with at all times. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law.
- It is the intended that the provisions of this Terms and Conditions be enforced to the fullest extent as provided under the laws of the Federal Republic of Nigeria in which enforcement hereof is sought. In furtherance of the foregoing, each provision hereof shall be severable from each other provision, and any provision hereof which is/ becomes unenforceable shall be treated as unenforceable in isolation and shall not affect the legality and validity of the other severed provisions and clause in this Agreement. Where the unenforceability of a clause or section only operate to limit the enforceability of the other clauses, the affected clause shall be deemed only as limited and shall not affect the validity or enforceability of other provisions and clauses of this Agreement.