The terms and conditions herein govern the contractual agreement between smartapps.london referred to as the“seller” and the “buyer” from this site or through contracts emanating from this site. The services to be provided by the seller to the buyer are herein referred to as “services” or “project”. Both parties agree to be governed by the terms and conditions outlined in this document.
Scope of services
Smartapps.london provides full stack mobile app development services as well as mobile app repair, UI design, UX analysis and marketing services. The scope of services to be provided will be specified on a case to case basis as per the terms of each individual contract and as per the unique agreement between the seller and the buyer.
Cost and budget
The cost and budget for each project will be assessed on a case to case basis and proposed to the buyer before signing of contract. The cost agreed upon in contract will be fixed and will only be subject to change unless agreed upon in writing between the seller and the buyer. In case of changes in the requirements by the buyer, the seller can contact the buyer with their concerns and request for a price increase. A price increase will only be valid unless agreed upon by both parties.
Deadlines and timelines
The seller will provide the buyer with an estimate of the timeline required to complete each project. Due to the nature of development processes this will be regarded by both parties as a time estimate and should not be treated as a definitive estimate that is cast in stone. However, in instances where the seller foresees a gross deviation from the estimated time, they are required to inform the buyer about the delay beforehand.
Milestones
Each project will be delivered in milestones which are task based. Payment is to be done at the start of each milestone as per the milestone breakdown provided in the contract document agreed between the seller and the buyer. The buyer will be required to check, approve and complete each milestone through a sign off document before the next milestone is started. Each milestone will be considered as a constituent building block of the entire project.
Delivery and access
The seller will provide the buyer with access to a project management system through which they can track the progress of their project at all times throughout the project development cycle. The seller will also share with the buyer updates and information with regard to the project through the PMS system.
Changes to specifications
At the start of the project, during Stage 1 (Scoping and ideation) the seller will work together with the buyer to list down all the project specifications. Based on this the seller will design and build the project as per the agreed specifications. If any changes to concept are required these should be done during scoping and ideation and not at a later stage after design and coding of the project has started. Changes that are requested late will attract an extra fee at the seller’s sole discretion and/or refusal for implementation.
The buyer may request that reasonable changes be made to the specifications and tasks associated with the implementation of the project. In the event that the proposed change will, in the sole discretion of the seller, require a delay in the delivery of the software or would result in additional expense to the buyer, then the buyer and the seller shall confer and the buyer may either withdraw the proposed change or require the seller to deliver the software with the proposed change and subject to the delay and/or additional expense. The buyer agrees and acknowledges that the judgment as to if there will be any delay or additional expense shall be made solely by the seller.
Approval to app stores
The seller is responsible for submitting the buyer’s software to the app stores for approval. The seller is also responsible for amending the software and resubmitting in case it is rejected by the stores due to technical reasons. However, the seller will not be held liable in case the apps are rejected due to reasons that are out of the seller’s control such as business model related reasons. In such instances it is at the seller’s sole discretion to amend the software for free or at a fee which is to be agreed between the seller and the buyer.
Free support
The seller will offer the buyer free technical support for a period of 60 days after publishing of their projects on the app stores. This free support will cover assistance on how to use the software, advice on how to operate the software, bug fixing and monitoring services to ensure smooth operation of the software. Feature upgrades, increase of features and enhancement of the software are not be covered by the free support and these are to be negotiated separately between the buyer and the seller.
Intellectual property
The parties acknowledge and agree that the buyer will hold all intellectual property rights in the software including, but not limited to, copyright and trademark rights. The seller agrees not to claim any such ownership in the software’s intellectual property at any time prior to or after the completion and delivery of the software to the buyer.