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APP DEVELOPMENT

This document (together with the documents referred to in it) tells you the terms and conditions on which we supply our services we provide to you (“Services”).

Please read these terms and conditions carefully before ordering any Services from us or our through our website. You should understand that by ordering any services through our website or accepting any order confirmation or quote that you agree to be bound by these terms and conditions.

Please read through these terms and conditions carefully and print a copy for future reference.

  1. Privacy policy
    1. You acknowledge and agree to be bound by the terms of our privacy policy
  2. Information about us
    1. Oxford Webhosting is owned by Oxford eBooks Ltd., a limited company registered in England and Wales. Company Registration No. 7992984.
      Registered office: 112 Poplar Grove, Kennington, Oxford, Oxfordshire, OX1 5QP. England. VAT Registration No. 988 2299 52
  3. Your status
    1. By placing an order through us or our website, you warrant that:
      1. you are legally capable of entering into binding contracts.
      2. you are at least 18 years old.
    2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
  4. The order process
    1. If you are not placing an order via our website, we will set up a customer account for you based on the information you have provided to us. It is your responsibility to log in after the account is created to make sure that the information entered is correct. You may update this information yourself or inform us of any mistakes.
    2. On some projects, we will generate a formal quote which we will send you via email. Please confirm by return of email that you are satisfied with the quote and any attached or referenced project description documents. We can then convert the quote into an invoice which will be payable according to the terms of the agreement – usually, for new customers, a 50% deposit is payable in order for work to commence.
    3. You can view copies of invoices and quotes we have sent you and details of what you have purchased from us by logging into your customer account.
  5. How the contract is formed between you and us
    1. Your order or acceptance of our quote constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. We may decline your order for the Services for any reason, in which case we will tell you so.
    2. The Contract will relate only to those Services we have confirmed in our communications with you.
  6. General terms
    1. We reserve the right to refuse projects entirely at our discretion.
    2. For new customers, 50% payment may be required before work can commence. The balance is payable on submission of the completed work or per a payment schedule detailed in the development plan if applicable.
    3. Credit may only be extended at our discretion.
    4. Payment in UK Pounds may be made by direct bank transfer, cheque or PayPal. Bank transfer (BACS) is preferred.
    5. UK VAT is applicable to all relevant charges.
    6. We reserve the right to add a surcharge for PayPal or cheque payments of invoices to cover the transaction and banking fees.
    7. You are responsible for the acquisition of distribution rights from the author or owner of the any content within your project.
    8. You are responsible for ensuring that the submitted manuscripts to be used within your project and other information is correct and up to date.
    9. Resubmission of content or significant changes to the project specification may require a revision of the quote.
    10. Rework due to resubmission of materials or specification change may incur a charge.
    11. It is entirely your responsibility to ensure that you have explicit, written permission of any individuals, entities owners of products etc mentioned in your project, also for any quotes from other works, images, likenesses etc.
    12. You will entirely indemnify Oxford eBooks against any and all claims made arising from the contents of your project (either in the original content or completed project) specifically but not limited to usability, fitness for purpose, slander, libel, misrepresentation, innuendo, copyright infringement and representation of products or services.
    13. We will usually correct most obvious errors found in content when the product is being developed and checked. These will be noted in the conversion log and you may accept or reject the changes. We will contact you for clarification where there is any doubt.
    14. You will have 14 days after we send the completed project to you to notify us of any faults that require correction. An absence of notification will be taken as full approval.
    15. Notwithstanding the above points, Oxford eBooks will make every effort to ensure the completeness, accuracy and aesthetic appeal of any work that it undertakes and will remain as flexible in these terms as it possibly can in order to maintain our excellent reputation.
  7. APP Development
    The following terms are applicable for APP development work that we do for you.
    1. Files provided to you by Oxford eBooks will include:
      Publishable file for Android platforms.
      Publishable file for Apple platforms (when specified in project quote)
      Publishable file for Windows platforms (when specified I project quote)
    2. You may not disassemble or reverse engineer any files that we send to you. The underlying technology is proprietary and at all times remain the property of Oxford eBooks Ltd and other third party suppliers and may not be copied or disseminated in any way other than within the complete APP.
    3. We test our APPs to a high standard and use industry standard methods and tools which allows us to maintain a high degree of compatibility with current devices. However, we cannot guarantee compatibility with all devices and operating system revisions.
    4. In order to help keep our costs low, we would like to include a short, discrete accreditation for our company within the APP's credits, legal or splash screen.
    5. Although Oxford WebHosting will endeavour to test the APP to the best of its abilities and will use good practice and conscience in doing so, it is your responsibility to confirm that the APP functions as expected under normal conditions.
      1. You will indemnify Oxford Webhosting against any and all claims (including but not limited to loss of business, injury, damage) resulting as a direct or indirect consequence of any failure of the APP through (but not limited to) software bugs, errors in content incompatibility with unexpected or future hardware or operating systems.
      2. Oxford WebHosting will make all reasonable efforts to rectify faults caused by their own errors in the software where commercially practical after the APP is launched.
      3. Oxford WebHosting will also endeavour (at a reasonable fee if necessary and where commercially practical) to correct any faults in the APP resulting from the client's initial design specification or provided content after the APP is launched.
      4. All this will be in the spirit of providing the best customer satisfaction for the client and to protect the reputation and business of the client and ourselves.
  8. APP Publishing
    If you do not wish to open your own sellers account for Google, Apple etc to distribute your APP then we can publish it on your behalf from our own publishing accounts and send you your earned royalties or we can set an account up for you for a fee.
    1. Setting up on your behalf:
      1. All information that you provide to us pertaining to the account setup MUST be correct and accurate.
      2. You accept any and all responsibility for the running, maintenance and security of the account.
      3. You grant full permission for us to set up the account on your behalf and to accept their terms of the agreement(s) on your behalf and with your full permission.
      4. We will send you copies of or links to the terms and conditions of the distribution companies for your records and for you to study. It is your responsibility to let us know within the cancellation period whether you are unable to accept the terms. A failure to respond will be assumed as full acceptance of the terms.
      5. Some distributors based in or that trade in the US are bound by US tax laws to withhold up to 30% tax on your earnings for non US residents. Where we set up publishing and distribution accounts for you, you may claim tax withholding exemption if you qualify (generally, if you are a UK resident). We can assist with this during the account setup but it is important that your details are correct.
      6. You grant full permission for us to submit US tax information relating to exemption of US tax withholding should you wish to claim exemption and also that you are FULLY qualified to receive it. Please let us know IN ADVANCE if you do not wish to claim tax exemption or if you do not qualify. You can find out more about this at the IRS website:
        http://www.irs.gov/uac/Form-W-8BEN,-Certificate-of-Foreign-Status-of-Beneficial-Owner-for-United-States-Tax-Withholding
    2. Publishing on your behalf
      If we publish the APP for you, then we will calculate your earnings based on cleared receipts from the distributor(s).
      1. Payment of earnings are subject to a minimum payout of £50, and are calculated at the end of each month and transferred by BACS to a UK bank account of your choosing. Any amount not reaching the minimum threshold is carried forward to the next month.
      2. We will deduct a handling charge of £10+vat for each payment.
      3. You understand that the payments from the sale of your APP are the remainder after all deductions made by the distributor including deductions for customer refunds, tax etc and are outside our control.
      4. You understand that in exceptional circumstances that the sale of your APP may result in a LOSS (eg mass customer refund). Any losses may be deducted from your subsequent earnings statement should we manage your distribution or claimed by issue of an invoice.
      5. You understand the consequences of providing false account or tax information, which could result in the offence of perjury or false tax claims and indemnify Oxford eBooks against all claims and consequences relating to the account setup and your tax withholding exemption claims.

This document was Updated 30-May-2017

We reserve the right to update these terms from time to time. You may find the most up to date terms on our website at: http://www.oxford-webhosting.com/tnc-appdevelopment.php

They can also be downloaded as PDFs by logging into your Oxford WebHosting customer account and clicking on DOWNLOADS in the SUPPORT section.