Key Terms & Conditions:
We may update this policy from time to time so you may want to check it each time you visit our website.
- There is no refund for set up fee once the order is agreed, prices may vary for iPhone, iPad, Android applications & websites and other services provided.
- The hosting fee will be charged to standard rate, in case the initially agreed package is cancelled for multiple products to keep the single product.
- Written notice of cancellation for hosting services should be emailed to [email protected].
- If you do not make any payment or instalment due, we can keep all sums you have already paid and you will immediately have to pay us all outstanding amounts. We can charge any reasonable administration and legal costs for recovering the amounts you owe. If you owe us any sum of money, we may deduct that amount from any sum which we may owe you at any time under this order or any other order we have with you.
- Without prejudice to any other rights we may have, we may suspend the provision of the products in whole or part, and without notice, if you fail to pay our charges.
- Detailed invoice of the order will be sent by email, the request of setting up Direct Debit or confirmation will come separately through email or may be setup by phone.
- Preview for mobile application or website will be sent to a client by email, should we don’t get respond from a client within 5 working days to amend any reasonable changes, we will proceed to put application or website live.
- Any design or structural change would require an additional charge, once the mobile application or website is live, the cost will be calculated at £50 per hour.
- Complementary services can be withdrawn at any time by giving 14 days notice.
- According to new guidelines all new apps for iTunes will be publish under client developer account, however Google play app can be hosted on App with Web Ltd account but can be hosted on client Google Play account if requested.
- Apps will be live subject to terms and condition of App Store and Google play. Features and design may change based on updated policies of App store and Google Play.
- App is build using App with Web Ltd software or any of App with Web affiliate partners’ software which we or our partners own and the customer owns the content in the app. The app software is not transferable to another platform. Client owns the app name but not the source code which isn’t transferable.
- Mobile app registered name can be transferred to different app developer account.
- Once the app is transferred, it will be the responsibility of a new developer to
Re-build existing functions and features.
- App name transfer would require £100 admin fee.
- Mobile application is designed only for iPhone, iPad and Android platforms.
- Monthly hosting fee for the app will be guaranteed for the first year.
- APK (Android application package) file can be released on request upon termination.
- Maximum of 2 previews would be offered, any change after the 1st preview on agreed tabs or design would require an additional charge.
- App store and Google Play reserve the right to remove the app by bringing any new rules. App with Web may not be able to keep clients app live if the new rules are beyond our control to comply, in case of app removal due to new rules, development fee of app will not be refunded.
- Website (developed on third party platform i.e. WordPress, Joomla) can be transferred. £50 admin fee will be applied to release FTP information for transferring the website whilst changing hosting to a different server.
- Client will be provided the access of control panel.
- Monthly hosting fee for the website will be guaranteed for the first year.
- Maximum of 2 previews would be offered, any change after the 1st preview on agreed site plan or design would require an additional charge.
- Once the website is completed, temporary backend URL and website admin panel will be provided to client to upload images and content of their choice for the 3 months time without paying any monthly hosting fee, should client fail to upload pictures or content within 3 months time, monthly hosting fee will be charged for providing temporary backend URL link.
- Standard website hosting fee offers maximum of 500 MB Web Storage and 1GB of SQL Database space.
- Price for Introduction video will only include shooting at a single location unless it is agreed to do shooting at multiple locations.
- One edit will be offered before live submission, £50 per hour will be charged for any subsequent edit.
- Hosting fee will be charged on monthly bases, should the Video is hosted at App with Web video channel platforms.
- Product video may only include text and music.
- Once App with Web takes over Facebook, Twitter and other social media accounts for marketing purposes, we will change the passwords due to App with Web payment details logged into client social media accounts for running monthly promotions, however, once the campaign is terminated, we will return access back to client for social media accounts. Though the access can be granted, should any platform offer additional admin access.
- Social media campaign will be based on content provided by a client or their supplier.
- Any form of Data provided by App with Web for marketing purposes must not be
re-used without the approval from App with Web, any breach will be treated under the Data Protection Act.
- SMS credits are non-refundable once they are transferred to client SMS account after agreed sale.
- We will charge £50 admin fee to reinstate your website, should you fail to pay monthly hosting fee, the reinstate will only follow once the outstanding balance is cleared.
- We will charge £100 admin fee to reinstate your app at Google play and iTunes should you fail to pay monthly hosting fee, the reinstate will only follow once the outstanding balance is cleared.
- We will charge £25 admin fee to re-arrange failed direct debit.
- Domain renewal fee will be collected through Direct Debit upon renewal notice if the domain is purchased by App with Web.
- Email services can only be provided as long as domain is purchased and Website is hosted through App with Web.
- You must own or have authority to use any copyrights, trademarks, trade names and all other Intellectual Property Rights in the content and any British Standard Mark or other quality assurance mark or trade association name or logo in any material you provide to us or ask us to use in any product we develop for your business.
- We own all Intellectual Property Rights in all artwork, copy, video content and other materials which we, our agents or employees have created, whether or not a charge has been paid by you in respect of it. You do not gain any Intellectual Property Rights in that artwork, copy or other material.
- If we make an error in or omission from the provision of the products, or fail to provide them, you will be entitled to a partial or full refund of the price of the relevant product as it’s fair and reasonable taking into account the nature of the error or omission or we may extend the duration of the services to you or provide you with a correct advertisement as agreed.
- App with Web will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill or any losses arising due to breakdown of App & Website hosting out of any event or events beyond our reasonable control.
- App with Web will not be liable of any loss or corruption of any data, database or software breakdown linked through third party integration on the App or Website.
- App with Web will not be responsible for service failure, change in service or promotional rates or any change in terms of conditions of third party platforms integrated on app or website developed for clients.
- App with Web will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of revenue, loss of contract, loss of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of App with Web or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.
Search Engine Optimization (SEO)
Definition of terminologies as used within the Followings:
A ‘Client’ is a person, persons, business or organization using any of the services provided by us (App with Web).
‘Site Optimisation’ is the work we have set out to achieve in the Our SEO confirmation order email.
‘Site’ or ‘Website’ is the website as seen on the internet and owned by the client.
‘Micro-site’ is the website created mainly for SEO purposes. The site is owned by us.
‘Search Engine’ will include Google, Yahoo and Bing.
‘Rank’ is the position of the client’s website on the search engines.
‘SEO’ (search engine optimization) is the process of increasing the rank of a client’s website on the search engines.
‘Off Page SEO’ is the attempted optimisation of the client’s website using methods which do not require the editing of a client’s website.
‘Monthly Service’ is our standard payment plan and we will take a payment each month whilst the client is signed up to our SEO service.
Details of Terms & Conditions
- The contract between us and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out shall be as set out in Our SEO confirmation order email.
- We will commence work on receipt of the initial payment.
- We will either take a 100% upfront payment for an agreed number of months SEO or will sign you up to our monthly service.
- There will be no minimum term and therefore client can stop payments at any stage. Payment is however made 1 month in advance of work being carried out. If a payment is stopped, SEO work will not continue and previous payments will not be refunded.
- If we do not receive payment we will stop working on your site optimization until payment is received. This may negatively affect your site’s performance on the search engines.
- All payments to us with regard to the SEO service are non-refundable.
- We may need to edit your site in order to carry out site optimisation work. Additional charges may apply.
- We will attempt to increase the rank of your website on the search engines. There is however no guarantee that this can be done.
- We cannot be held financially liable in anyway with regard to your website ranking on the search engines.
- We cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by us.
- The terms and conditions of this website are governed by the laws of related Country.
- Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of Related Country. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
- In the event that you choose to end your contract with us it is solely your responsibility to remove any access you have granted us, for example, your ftp details, your back office, Google accounts or services or any other accounts.
- Any SEO work you perform out with our recommendations, including link building, changes to your website or anything else that negatively affects your rankings or your conversions will not be deemed the responsibility of ours.
- Unless otherwise agreed; you are responsible for inputting and creating your own content.
- Content created on your behalf by us, once you have approved it, is no longer our responsibility. You accept full responsibility for its accuracy, maintenance and its legality.
- Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. We will not be held responsible for these fluctuations or if an algorithm change results in dramatic changes to your website rankings.
- All the websites created and described as ‘micro-sites’ or ‘supporting websites’ are owned by us.
- All enquiries will be dealt within 48 hours. However, due to working with various third party platforms, if we are unable to respond fully within 48 hours we will provide you with an estimated response date to resolve any outstanding issue.
- Our enquiries team can be contacted through [email protected], please mention your Client ID as reference.
Standard Terms and conditions:
- App with Web and you
1.1 Your use of App with Web’s services and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by App with Web under a separate written agreement) is subject to the terms of a legal agreement between you and App With Web. “App with Web” means App with Web Ltd. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with App with Web, your agreement with App with Web will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Standard Terms”.
1.3 Your agreement with App with Web will also include the terms of any Legal Notices applicable to the Services, in addition to the Standard Terms. All of these are referred to below as the “Further Terms”. Where Further Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Standard Terms, together with the Further Terms, form a legally binding agreement between you and App with Web in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the further terms say and what the Standard terms say, then the further terms shall take precedence in relation to that Service.
In these terms and conditions, certain words have defined meanings which are set out in this Section 1 as follows:
“Customer”, “user” and “you” means the person, firm or company who purchases Services provided by App with Web Ltd;
“Agreement” means the Customer’s agreement to use the services provided by App with Web and to pay the Charges subject to these conditions or as otherwise agreed in writing.
“Charges”, “payment” means the charges for the Services provided by App With Web, either posted on the App with Web website or agreed between parties.
“Data” means the personal data provided to App with Web and updated from time to time by the Customer (which may include sensitive personal data).
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Material” includes, in addition to a document in writing, the Data, databases, computer software (including the Software), designs, drawings, pictures or other images (whether still or moving), the Site, sounds or any other record of any information in any form.
“Site” means App with Web’s web site from which the Services can be accessed.
“Subscriber” means each person for whom App with Web holds Data on for the Customer.
“Subscription” is the monthly duration from the last Billing Date.
“Billing Date” means the date in the month, or the closest date in the month of which payment was first received for use of the Services.
“Payment” means money received in return for using our services.
“Handset” means the mobile device used by you to access and use the Service.
“App with Web”, “we”, “us” and “our” means App with Web Ltd registered at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX
“Offers” means a discount offer on a Product sent to users;
“Service” and “Services” means the website , mobile app, social media, mobile and email data and SMS services provided by us to you;
“SMS” means Short Messaging Service.
1.7 Condition, schedule and paragraph headings shall not affect the interpretation of these conditions.
1.8 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
1.9 Words in the singular shall include the plural and vice versa.
1.10 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.11 A reference to writing or written includes faxes and e-mail.
1.12 Where the words include(s), including or in particular are used in these terms and conditions, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
1.13 Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.14 References to conditions and schedules are to the conditions and schedules of this Agreement.
- Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by App with Web in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that App with Web will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 The Services supplied under this Agreement shall be provided by App with Web to the Customer from the date the Customer signs up to the Services online or by written agreement.
2.4 The Customer may request that the Services be varied but any such variation shall be subject to App with Web’s prior written consent and the written agreement of both parties, which shall set out any new, or variation of, the Charges.
2.5 Unless the parties have agreed an annual or quarterly contract for the supply of the Services, the Services supplied under this Agreement shall continue to be supplied for successive one (1) month periods unless and until this Agreement is terminated by one of the parties giving to the other not less than one months’ notice, unless this Agreement is terminated in accordance with condition 10.
2.6 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with App with Web, or (b) you are a person barred from receiving the Services under the laws of England and Wales or other countries including the country in which you are resident or from which you use the Services.
2.7 Before you continue, you should print off or save a local copy of the Standard Terms for your records.
2.8 By accepting these terms you agree to adhere by our Anti-Spam Policy.
- Services provided by App with Web
3.1 In order to use the services provided you must register with App with Web. By registering with App with Web you agree to all of these terms (including the Anti-Spam Policy). These terms may be updated from time to time and these updates will be presented here. Your continued use of the service constitutes acceptance of these changes. If you do not agree with any of these changes you agree to discontinue use of our services.
3.2 Our charges are posted on our Website and may be changed from time-to-time. Payments are due for the full month for which any part of the month is included in the Subscription. Charges are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the Billing Date) unless agreed in writing between you and App with Web.
3.3 For any month for which you have already paid, and then choose to increase your usage (and therefore accepting a higher pricing subscription), you will be required to pay the full difference to upgrade your account to the higher level. Upon successful receipt of this payment, a new full Subscription will commence and the Billing Date will be the same date, or the closest date in that month, to the date this new Subscription started.
3.4 Any cancellations or downgrades to your subscription (and therefore accepting a lower pricing subscription), will be processed in the following month (the next Billing Date). All subscription services (including, but not limited to, remaining messages and use of keywords) will remain available until the next Billing Date.
3.5 App with Web may alter the level of Charges or the Charges payment terms from time to time on not less than 30 days’ written notice and shall notify the Customer of the changes to the Charges. If the Customer does not wish to accept the altered Charges, the Customer shall notify App with Web of this and shall terminate this Agreement on one (1) month’s notice or as otherwise agreed with App with Web.
3.6 If a Subscription is cancelled, Accounts will remain active for a duration of 3 (three) months from the last Billing Date. After this period, we will close the account and permanently delete any Data associated with this account.
3.7 The number of messages-development fees-hosting fees-management fees-Social Media budget fees purchased in a Subscription period (1 month) cannot be rolled over and any messages not used will not be refunded.
3.8 App with Web shall store Customer’s Data securely and the Customer should note that: App with Web does not buy, sell or rent any of the Customer’s Data nor will App with Web disclose any Data to any business, organization or individual without the Customer’s prior express consent.
3.9 App with Web uses a third party to host the application servers and to provide communication services. That third party undertakes to provide its services at or above industry standards. App with Web uses a separate third party to provide SMS text messaging services. Both third parties rely upon the services of other telecommunications operators. Accordingly, App with Web does not warrant that the Services will be uninterrupted or error free nor that the delivery of SMS text messages will be without delay. App with Web will endeavour to ensure that any third parties involved in the supply of the Services take appropriate security measures to protect Data.
3.10 It may be necessary to temporarily suspend the Services from time to time to carry out maintenance of equipment; such suspensions will be limited. However, the Services may also be suspended (in whole or part) where App with Web or the third party host is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organisation.
3.11 App with Web may at any time without notifying the Customer make any changes to the Services which are necessary to comply with any relevant statutory, regulatory or similar requirements which do not materially affect the nature or quality of the Services.
3.12 App with Web reserves the right to gather, process and publish anonymous statistics on aggregate delivery and other campaign statistics. These statistics are produced on an aggregate basis across all clients, for the purposes of quality control and allowing clients to compare their performance across their particular industry. The gathering of these statistics will not require processing of any personal data.
3.14 You may end your use of the services by contacting us or cancelling by emailing to [email protected]. Upon confirmation of your request your account will be cancelled. Some of your information regarding use and activity of the services may be retained for a period of time in order to improve the quality and function of services; however this will be kept anonymously. Extended periods of inactivity may result in your account being terminated. From time to time we may contact you to ask you to confirm that you still wish to receive the services. If a response is not received we may choose to terminate your account.
3.15 For the benefit and security of our users, and to comply with applicable laws the following guidelines dictate the basic use of our services. If there is any reason to believe that these rules have been violated at any time we reserve the right to terminate your account. If any applicable laws have been broken we reserve the right to report these incidents to appropriate authorities, providing supporting information if required. (A) Providing Accurate Information: You agree to provide true, accurate and complete information about yourself, as requested in the Service registration form and account set-up forms and you agree not to misrepresent your identity or your account information. Accurate personal details including email, telephone numbers and routes enable us to provide the correct Services to you. You agree to keep your registration and account information up to date and accurate. You will validate your email and SMS number by responding to a message we send to each address: this protects you from any other user inadvertently (or even maliciously) entering your contact details and causing the system to send you unwanted alerts. (B) Guard Your Password: You will be asked to choose a password when registering to use the Service. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify the Service Providers immediately of any unauthorised use of your password or account or any other breach of security. The Service Providers will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s password at any time. (C) Obey the Law: You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. (D) Restrictions on Commercial Use or Resale: Your right to use the Service is personal to you; therefore, you agree not to resell or make any commercial use of the Service. (E) Proprietary Rights: You acknowledge and agree that the Service Providers and their Licensors own all rights to this Website and the content displayed on the site. You are only permitted to use this content as expressly authorised by the Service. You may not copy, reproduce, distribute, or create derivative works from this content other than for your own use. Further, you agree not to reverse engineer or reverse compile any of our technology, including but not limited to, any Java client-side programs associated with the Service.
3.16 Legal Disclaimers
The use of the services provided by App with Web is subject to the legal disclaimers specified, but not limited to those specified, in these terms.
3.17 Provision of the Services by App with Web
3.17.1 App with Web may affiliate itself with legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of App with Web itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
3.17.2 App with Web is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which App with Web provides may change from time to time without prior notice to you.
3.17.3 As part of this continuing innovation, you acknowledge and agree that App with Web may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at App with Web’s sole discretion, without prior notice to you. You may stop using the Services at any time, if you want to remove yourself from the services provided by App with Web you should suspend, cancel or delete your account as appropriate and/or contact us. If you have signed up to our SMS services you will only stop receiving SMS when you have adjusted your account as appropriate.
3.17.4 You acknowledge and agree that if App with Web disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
3.17.5 You acknowledge and agree that while App with Web may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service; such fixed upper limits may be set by App with Web at any time, at App with Web’s discretion.
3.18 Limitations of the services provided
The availability of the services depends upon your possession of a handset and a mobile network service which allows you to receive SMS text messages. App with Web do not charge for the use of our services, however depending on your network, your handset and the tariff that you have you may be charged by your network to send/receive SMS on your handset.
- Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to App with Web will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from England and Wales or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by App with Web, unless you have been specifically allowed to do so in a separate agreement with App with Web.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with App with Web, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that App with Web has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which App with Web may suffer) of any such breach.
4.7 The Customer shall obtain and maintain all necessary licences and consents and comply with all relevant legislation, including Data Legislation, in relation to the Services, before the date on which the Services are to start. The Customer shall comply, and ensure that all of the Data and all use of the Services complies, in all respects, with all regulations, directions, codes of practice and other rules and guidelines, mandatory or otherwise, promulgated from time to time by regulators (collectively, “Codes”) including, without limitation, those of the Mobile Marketing Association (available at www.mmaglobal.com).
4.8 Customers must agree to the anti-spam policy.
4.9 The Customer acknowledges that App with Web will monitor and record each account’s usage of the Services, to include any campaigns sent or data processed, for the purposes of ensuring legal compliance and anti-spam measures.
4.10 If App with Web’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors or employees, App with Web shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
4.11 The Customer shall be liable to pay to App with Web, on demand, all reasonable costs, charges or losses sustained or incurred by App with Web (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under this Agreement, subject to App with Web confirming such costs, charges and losses to the Customer in writing. The Customer shall indemnify App with Web against any losses, claims, fines, damages and expenses (including legal expenses) arising from any breach of this clause 4.
4.12. Uploading Subscriber Data
4.12.1 You should never attempt to upload any mobile numbers that you do not have permission to use.
4.12.2 It is your responsibility to obtain the express written permission from subscribers to add them to your group SMS list. If we receive any complaints about usage of this feature then we will notify you about this. If the data up loader is persistently abused then we will shut down your account. If we receive 2 or more separate complaints during any 12-month period then this will be regarded as persistent abuse.
4.12.3 If you have not obtained express written permission to add these members to your group SMS list then you should not add them to your club.
4.12.4 A subscriber who has previously unsubscribed from your club then will not be able to be added via the data up loader, they will need to re-subscribe on their own accord.
- Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to App with Web for all activities that occur under your account.
5.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify App with Web immediately.
- Privacy and your personal information
- Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 App with Web reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, App with Web may provide tools to filter out any discriminatory content or profanity.
7.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.4 You agree that you are solely responsible for (and that App with Web has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which App with Web may suffer) by doing so.
- Proprietary rights
8.1 You acknowledge and agree that App with Web own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by App with Web and that you shall not disclose such information without App With Web’s prior written consent.
8.2 Unless you have agreed otherwise in writing with App with Web, nothing in the Terms gives you a right to use any of App With Web’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with App with Web, then you agree that your use of such features shall be in compliance with that agreement.
8.4 App with Web acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with App with Web, you agree that you are responsible for protecting and enforcing those rights and that App with Web has no obligation to do so on your behalf.
8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.6 Unless you have been expressly authorised to do so in writing by App with Web, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
- Licence from App with Web
9.1 App with Web gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by App with Web as part of the services as provided to you by App with Web (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by App with Web, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by App with Web, in writing.
9.3 Unless App with Web has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Ending your relationship with App with Web
10.1 The Terms will continue to apply until terminated by either you or App with Web as set out below.
10.2 If you want to terminate your legal agreement with App with Web, you may do so by (a) notifying App with Web at any time and (b) closing your accounts for all of the Services which you use, where App with Web has made this option available to you. Your notice should be sent, in writing, to [email protected].
10.3 App with Web may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) App with Web is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom App with Web offered the Services to you has terminated its relationship with App with Web or ceased to offer the Services to you; or
(D) App with Web is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(A) the provision of the Services to you by App with Web is, in App with Web’s opinion, no longer commercially viable.
10.4 App with Web shall have the right to either suspend or terminate this Agreement with immediate effect if it should be discovered, through third party complaints or through App with Web’s internal monitoring procedures, if Customer is sending any SPAM messages through the Services. If App with Web suspends a Customer’s account then the Customer will have to rectify any damage caused, either to App with Web’s reputation or to a third party, and will have to commit to not sending any further SPAM through the Services.
If App with Web terminates a Customer’s account under this clause 10.4, App with Web’s decision will be final.
10.5 Nothing in this Section shall affect App with Web’s rights regarding provision of Services under Section 4 of the Terms.
10.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and App with Web have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
- Exclusion of Warranties
11.1 The Services are provided “as is” and App with Web, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
11.2 In particular, App with Web, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
11.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
11.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
- Limitation of Liability
12.1 Nothing in these Terms shall exclude or limit App with Web’s liability for losses which may not be lawfully excluded or limited by applicable law.
12.2 Subject to overall provision in paragraph 12.1 above, App with Web, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which App with Web may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(iii) your failure to provide App with Web with accurate account information;
(iv) your failure to keep your password or account details secure and confidential;
12.3 The limitations on App with Web’s liability to you in paragraph 12.2 above shall apply whether or not App with Web has been advised of or should have been aware of the possibility of any such losses arising.
- Other content
13.1 The Services may include hyperlinks to other web sites or content or resources. App with Web may have no control over any web sites or resources which are provided by companies or persons other than App with Web.
13.2 You acknowledge and agree that App with Web is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that App with Web is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Changes to the Terms
14.1 App with Web may make changes to the Standard Terms or Further Terms from time to time. When these changes are made, App with Web will make a new copy of the Standard Terms available on www.appwithweb.co.uk.
14.2 You understand and agree that if you use the Services after the date on which the Standard Terms or Further Terms have changed, App with Web will treat your use as acceptance of the updated Standard Terms or Further Terms.
- General legal terms
15.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
15.2 The Terms constitute the whole legal agreement between you and App with Web and govern your use of the Services (but excluding any services which App with Web may provide to you under a separate written agreement), and completely replace any prior agreements between you and App with Web in relation to the Services.
15.3 You agree that App with Web may provide you with notices, including those regarding changes to the Terms, by SMS, email, regular mail, or postings on the Services.
15.4 You agree that if App with Web does not exercise or enforce any legal right or remedy which is contained in the Terms (or which App with Web has the benefit of under any applicable law), this will not be taken to be a formal waiver of App with Web’s rights and that those rights or remedies will still be available to App With Web.
15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.6 The Terms, and your relationship with App with Web under the Terms, shall be governed by English law. You and App with Web agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that App with Web shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.