Terms and Conditions for Apex Devs
Welcome to Apex Devs. These Terms and Conditions outline the rules and regulations for the use of our services, including custom iOS app development, mobile app design and development, iOS application architecture and consulting, UI/UX design for iOS, and app migration and maintenance. By engaging with our services, you accept these terms and conditions in full. Do not continue to use Apex Devs' services if you do not accept all of the terms and conditions stated on this page.
1. Definitions
- "Apex Devs", "we", "our", and "us" refer to Apex Devs, a software development company specializing in iOS app development.
- "Client", "you", and "your" refer to the individual or entity engaging with Apex Devs for our services.
- "Services" refers to all offerings provided by Apex Devs, including custom iOS app development, mobile app design and development for iOS, iOS application architecture and consulting, UI/UX design for iOS, and app migration and maintenance.
- "Project" refers to any specific work undertaken by Apex Devs for the Client.
2. Service Engagement
All engagements for services provided by Apex Devs will be formalized through individual project agreements, statements of work, or proposals ("Proposals"). Each Proposal will detail the scope of work, deliverables, timelines, pricing, and specific terms relevant to that Project. In the event of a conflict between these Terms and a Proposal, the terms of the Proposal shall take precedence for that specific Project.
3. Client Responsibilities
The Client agrees to provide timely and accurate information, feedback, and necessary materials (e.g., content, images, access to systems) as required for Apex Devs to perform the Services. Delays caused by the Client's failure to provide such resources may impact Project timelines and costs, for which Apex Devs shall not be held responsible.
4. Payments and Fees
Payment terms, schedules, and pricing will be specified in each Project Proposal. Unless otherwise agreed, an initial deposit may be required before commencement of work. All fees are exclusive of applicable taxes, which will be added where legally required. Invoices are payable within the timeframe specified on the invoice. Late payments may incur interest charges as permitted by law.
5. Intellectual Property
- Client Content: The Client represents and warrants that they own or have the necessary licenses, rights, consents, and permissions to use and authorize Apex Devs to use all intellectual property, including but not limited to copyrights, trademarks, and trade secrets, provided to Apex Devs for the Project.
- Developed Work: Upon full and final payment for a Project, all intellectual property rights in the custom iOS application and associated design elements specifically created for the Client as part of the Services will be transferred to the Client. This excludes any pre-existing Apex Devs tools, libraries, or intellectual property that may be incorporated into the Project, which remain the property of Apex Devs and are licensed to the Client for use solely within the delivered application.
6. Confidentiality
Both Apex Devs and the Client agree to keep confidential any proprietary or sensitive information disclosed during the course of the Services. This includes, but is not limited to, business plans, technical data, and project details, unless such information is publicly known, independently developed, or required to be disclosed by law.
7. Warranties and Disclaimers
Apex Devs warrants that the Services will be performed in a professional manner in accordance with generally accepted industry standards. We do not warrant that our services will be error-free or uninterrupted. Due to the dynamic nature of app development and platform updates, we cannot guarantee that an iOS application will remain fully compatible with all future iOS versions or devices without potential further adaptation or maintenance, which may incur additional fees.
EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, APEX DEVS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Apex Devs be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.
In no event shall Apex Devs' total aggregate liability to you for all damages exceed the total amount paid by you to Apex Devs for the specific Project giving rise to the claim during the six (6) months immediately preceding the date the claim arose.
9. Termination
Either party may terminate a Project upon written notice if the other party breaches any material term of these Terms or a Proposal and fails to remedy such breach within a reasonable period (e.g., 30 days) after receiving written notice thereof. Upon termination, the Client shall pay Apex Devs for all services rendered up to the date of termination.
10. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
11. Changes to Terms
Apex Devs reserves the right to modify or replace these Terms at any time. We will provide notice of significant changes by posting the new Terms on our website or by other means deemed appropriate. Your continued engagement with our services after such changes constitutes your acceptance of the new Terms.
12. Contact Information
If you have any questions about these Terms, please contact us:
Apex Devs
14 St. Ann's Street, Floor 3A
Manchester, Greater Manchester, M2 7AY
United Kingdom
Phone: 0161 879 0341