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Terms of Service

This page (together with the documents referred to on it) tells You the terms and conditions on which We will supply any of the products (Services) listed on Our website (www.businessappmaker.co.uk) to You. Please read these terms and conditions carefully and make sure that You understand them before using or ordering any Services from Our website. You should understand that by using or ordering any of Our Services, or by using our website You agree to be bound by these terms and conditions.

References to "You" and "Your" shall be to you as the customer. References to "We", "Our" and "Us" shall be to Storm10media Ltd.

INFORMATION ABOUT US

We operate the website www.businessappmaker.co.uk/.com/.net/.in/.co.za. We are Storm10media Ltd, a company registered in England and Wales under company number 07155711 and with Our registered office at Unit A5 Maritime Park, Pembroke Dock, Pembrokeshire, SA72 6RH. Our contact email address is support@businessappmaker.co.uk.

OUR SERVICES

2.1 We provide the following services:
App Creation
App Submission
App Hosting
each one being a ("Service") and more than one being the ("Services")

YOUR STATUS

3.1 By placing an order through Our website ("Order") and opening an account with Us ("Account"), You warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 if You are an individual, You are at least 18 years old.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order, You will receive an e-mail from Us acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Service. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Service(s) will be provided (Service Confirmation). The contract between Us (Contract) will only be formed when We send You the Service Confirmation.


4.2 The Contract will relate only to those Services whose supply We have confirmed in the Service Confirmation.

AVAILABILITY AND DELIVERY

Access to the Services will be provided by the go-live date set out in the Service Confirmation or, if no go-live date is specified, then within a reasonable time of the date of the Service Confirmation, unless there are exceptional circumstances. App acceptance is the decision of third parties that operate the app stores and marketplaces that we submit to. We will not assume responsibility for any app that is rejected by these third parties.

DEVELOPER ACCOUNTS

6.1 You are responsible for the creation of accounts with the marketplaces that your app will be submitted to, such as Apple App Store and Android Marketplace. In the case where You are charged for these accounts You are also responsible for these fees.
6.2 Developer accounts must be kept active during the time You use our service.
6.3 After your account has been created You must send us the account login details which will be kept securely by Us.

QUALITY OF SERVICES

7.1 We warrant that:
1.1.1 We will perform the Services with reasonable care and skill and in accordance with generally recognised commercial practices and standards;
1.1.2 the Services will conform with all descriptions and specifications detailed on Our website;

PRICE AND PAYMENT

2.1 The price of the Services will be as quoted on Our website from time to time, except in cases of obvious error.
2.2 Service prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent You a Service Confirmation.
2.3 If the pricing error is obvious and unmistakeable and could have reasonably recognised by You as an error, We do not have to provide the Services to You at the incorrect (lower) price.
2.4 Payment for all Services must be by Paypal or Credit Card.

OUR REFUNDS AND CANCELLATION POLICY

3.1 You may within 7 calendar days of placing an Order amend or cancel an Order by providing Us with written notice. If You amend or cancel an Order, Your liability to Us shall be limited to payment to Us of all costs We reasonably incur in fulfilling the Order until We receive Your amendment or cancellation. However, where the amendment or cancellation is due to Our failure to comply with these Terms and Conditions You shall have no liability to Us for it.
3.2 You may cancel our service at any time by informing us in writing no less than 14 days before your next monthly payment is due.

PROPRIETARY RIGHTS

4.1 You acknowledge and agree that We and/or Our licensors own all intellectual property rights in the Services and any related Software or Applications provided in respect of the same. Except as expressly stated herein, these terms and conditions do not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software, Services or any related documentation.
4.2 We confirm that We have all the rights in relation to the Software and Applications that are necessary to grant all the rights We purport to grant under, and in accordance with, the terms of this agreement.

CONFIDENTIALITY

5.1 Confidential Information shall not be deemed to include information that:
5.1.1 is or becomes publicly known other than through any act or omission of the receiving party; or
5.1.2 was in the other party's lawful possession before the disclosure; or
5.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
5.1.4 is independently developed by the receiving party, which independent development can be shown by written evidence; or
5.1.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
5.2 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this agreement.
5.3 Each of Us shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
5.4 Each of Us shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.

TERMINATION

6.2 Without limiting Our other rights or remedies, We may terminate Your Account with Us immediately if:
6.2.1 You commit a material breach of these Terms and Conditions or any of the other terms and conditions or policies referred within these Terms and Conditions;
6.2.2 You (being a company) suspend, or threaten to suspend, payment of Your debts or Your are unable to pay Your debts as they fall due or You admit an inability to pay Your debts or You are deemed unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) You are deemed either unable to pay Your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;


6.2.3 You (being a company) commence negotiations with all or any class of Your creditors with a view to rescheduling any of Your debts, or You make a proposal for or enter into any compromise or arrangement with Your creditors other than except for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or the solvent reconstruction;
6.2.4 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with Your winding up other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or solvent reconstruction (You being a company);
6.2.5 You (being an individual) are the subject of a bankruptcy petition or order;
6.2.6 a creditor or encumbrance attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, You or the whole or any part of Your assets and such attachment or process is not discharged within [14] days;
6.2.7 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over You.
6.2.8 (being a company) a floating charge holder over Your assets has become entitled to appoint or has appointed an administrative receiver;
6.2.9 a person becomes entitled to appoint a receiver over Your assets or a receiver is appointed over Your assets; 6.2.10 any event occurs or proceeding is taken in any jurisdiction that has an effect equivalent or similar to any of the events mentioned in 15.2.1 to 15.2.9 (inclusive);
6.2.11 You suspend or cease, or threaten to suspend or cease, to carry on all or a substantial part of Your business; or
6.2.12 You (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or You become a patient under any mental health legislation.
6.3 Without limiting Our other rights or remedies, We may terminate Your Account with immediate effect by giving written notice to You if the You fail to pay any amount due from You to Us.
6.4 Without limiting Our other rights or remedies, We shall have the right to terminate the Contract by giving the other party 14 days written notice.
6.5 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against Storm10media Ltd. Notice will be given advising the scheduled termination date.

CONSEQUENCES OF TERMINATION

On termination of the Contract for any reason: 7.1 You shall immediately pay to Us all outstanding unpaid invoices and interest and, in respect of Services supplied. Where no invoice has been submitted, We shall submit an invoice, which shall be payable by You immediately on receipt;
7.2 Cancellation of our services means that you can no longer continue to use your application or our services and website without written consent from us.

LIMITATION OF LIABILITY

8.1 We do not accept any liability unless expressly designated by a court within our jurisdiction.
8.2 Please also note that You must comply with all applicable laws and regulations of the country for which the Services are used or made available. We will not be liable for any breach by You of any such laws.

NOTICES

9.1 All notices given by You to Us must be given to BusinessAppMaker, Storm10media Ltd at Unit A5, Maritime Park, Pembroke Dock, Pembrokeshire, SA72 6UL. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

NOTICES

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms and Conditions that is caused by events outside Our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
10.2.1 strikes, lock-outs or other industrial action;
10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5 impossibility of the use of public or private telecommunications networks;
10.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
10.2.7 pandemic or epidemic
10.3 Our provision of the Services is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period.

WAIVER

11.1 If We fail, at any time during the term that We provide the Services, to insist upon strict performance of any of Your obligations under these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.
11.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.
11.3 No waiver by Us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 9.1 above.

SEVERABILITY

12.1 If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

13.1 These Terms and Conditions, Your Order, Our Acceptable Use Policy, Our Privacy Policy and any document expressly referred to in any of the aforementioned constitute the whole agreement between Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the Services.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

14.1 We have the right to revise and amend these terms and conditions from time to time, such change will take effect from the time You next use any of the Services.
14.2 You will be subject to the policies and terms and conditions in force at the time that You order products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these terms and conditions before We send You the Service Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Services).

LAW AND JURISDICTION

15.1 These Terms and Conditions and the documentation referred to herein, the purchase of Services through Our website and any dispute or claim arising out of or in connection with the same or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with these Terms and Conditions or the formation of the contract between Us (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.