These terms and conditions are applicable to all App Development projects that are undertaken by Harmony Internet Limited ("The Company") for the client ("The Client"). The terms and conditions represent a legally binding contract between Harmony Internet Limited and the client specified in the Client Agreement to which they are attached. Any contract so entered into is governed by the law of England and Wales and is subject to the jurisdiction of the English courts. Breach of any term contained in these Terms and Conditions or in the individual Client Agreement to which they are attached may therefore result in legal action.
A copy of these terms and conditions is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of the deposit is deemed to be an acceptance of our terms and conditions.
Upon acceptance by the Client of these terms a deposit of 25% of the total development cost quoted in the Client Agreement will be payable. Thereafter, all hours will be invoiced monthly to a maximum of 80% of the original estimated project cost. The final 20% of the total anticipated cost of the project will be reserved from invoicing until such time that the client has agreed final delivery/closure of the project or that the developed solution is deemed by Harmony Internet Limited to be in commercial use.
All invoices are payable within 14 days of their date and all outstanding invoices must be agreed before developments become available for public viewing. It is a condition of sale that any claims, queries or disputes relating to this sale transaction must be notified in writing within 7 days from this date of invoice. Failure to comply will be taken as your acceptance of the invoice in its entirety and payment must be made in full.
Late payments are subject to a £40 administrative charge in addition to interest (calculated at 8% over Bank of England base interest rates in accordance with the Late Payment of Commercial Debts (Interest) Act 1998) for all outstanding amounts. VAT will be added to all UK invoices and those invoices where VAT is deemed applicable by current UK tax law.
The project schedule is set out in the Client Agreement to which these terms and conditions are attached. An alternate time-scale can be agreed upon and confirmed in writing between the Client and the Supplier during the project development. During the project, Harmony Internet Limited may require the Client to provide content in the form of copy and images and other media. If content is not provided within two weeks of an official request by email then Harmony Internet Limited reserves the right to advise the Client of a revision to the final payment subject to any costs incurred in the project delay. If content is not provided within four weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Harmony Internet Limited will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
In a typical project Harmony Internet Limited will provide the Client with two opportunities to review the appearance and content of the app. Firstly at the 'Alpha stage' which usually, but not always, includes the app user interface, augmented reality recognition targets and corporate branding. The second and final review will take place at the 'Beta stage' prior to app publication, whereby the client will usually, but not always, be able to see the app functioning normally and review the completed content. If the Client review at either the Alpha or Beta stages generates additional work to the equivalent of more than five studio hours then the Client will be liable for additional development charges at a rate of £120 per hour. If the Client wishes to make changes to the app outside of the allocated Alpha and Beta stages than the Client will also be liable for additional development charges at a rate of £120 per hour. Additional development may also delay the delivery points of the project.
In addition to any limitations or exclusions of liability specified elsewhere in these Terms or in the Client Agreement, the Company can accept no liability for any losses howsoever arising from:
The quotation provided and confirmed in the Client Agreement attached to these terms includes charges for studio development within the standard working day only (9am-5.30pm Mon-Fri). Unless the Client Agreement specifically refers to after-market service provision then the following charges will apply for work on the project undertaken by the studio outside these hours:
Termination of the project by the Client must be requested in writing or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design and development work completed to the date of first notice of cancellation for payment in full within fourteen days. Any deposit paid prior to project commencement will be forfeited if the project is cancelled by the client, even if no deliverable work has been completed.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Harmony Internet Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Harmony Internet Limited permission and rights for use of the same and agrees to indemnify and hold harmless Harmony Internet Limited from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for app design and/or development shall be regarded as a guarantee by the Client to Harmony Internet Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
All rights, intellectual and otherwise, to all software developed under these terms remain with the Company, subject to the following options:
If any provision of this contract is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions of the contract shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.