Mobile App Development – Terms & Conditions
These terms and conditions are applicable to all App Development projects that are undertaken by MADROO (“The Supplier“). If the App is to be hosted and supported by MADROO , separate service terms and conditions will apply as part of a separate agreement.
A brief overview of these terms and conditions is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
Charges for services to be provided by MADROO are defined in the project proposal that the Client receives via email. Proposal quotations are valid for a period of 30 days unless alternate time-scales have been agreed beforehand with the Client. MADROO reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
All App Development projects costing less than $80,000AUD will require an advance payment of fifty percent of the project quotation total before work will commence. All other projects require a thirty percent down payment. The remaining balance of the project quotation needs to be paid in milestones as mentioned in the proposal delivered to the client with the remaining due upon completion of the work prior to upload to the App Stores (Google, Apple) or release of materials. Charges for App development does cover the release of source Photoshop files; but excludes source-code to web based Content Management System.
Payment for services is due by online payment or bank transfer. Deposits should be made payable to MADROO pty. ltd.
Any additions or variations to the proposal delivered to the client shall be billed independently at a rate commencing at $80 AUD per hour. Unless agreed to otherwise and confirmed in writing by both parties.
3) Client Review.
MADROO will provide the Client with an opportunity to review the appearance and content of the App during the design process, and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies MADROO otherwise within twenty days of the date the materials are made available to the Client.
4) Project Schedule and Content Control.
In the majority of projects, MADROO will supply the Client’s App by the date specified in the project proposal. If no such date is specified, the time-scale shall be within four months of the date initial payment is received, unless a delay is specifically requested or made due to change in the project scope by the Client and agreed by MADROO . An alternate time-scale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid MADROO with completing the project in a satisfactory and expedient manner.
During the project, MADROO will require the Client to provide copy and images. If content is not provided within two weeks of an official request by email then MADROO 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. MADROO 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.
An invoice will be issued at the start of the project to cover the initial setup charge. A final invoice will be provided by MADROO upon completion of the Development, Design and any associated services. Depending on the size of the project, and agreed milestones, intermediary milestone invoices may also be raised. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. All invoice payments are due immediately. Final invoice is due before the completed App will be submitted to the app stores and source code released. If the invoice has not been settled after thirty days then MADROO will consider the account to be in default.
If the Client in default has any information or files on MADROO ’ host space, MADROO can, at its discretion, remove all such material from its host space. MADROO is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
Electronic payments returned unpaid will be assessed a return charge of $100AUD and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay MADROO reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by MADROO in enforcing these Terms and Conditions.
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.
8) Legal Restrictions.
This agreement is also bound by the MADROO Non Disclosure Agreement and for Client Apps Hosted and Supported the MADROO Services Terms and Conditions.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants MADROO 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 MADROO permission and rights for use of the same and agrees to indemnify and hold harmless MADROO 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 MADROO that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10) Media Delivery Requirements.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via email, FTP, cloud, or memory disk device) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpg or .png format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by MADROO to return to the Client any images or printed material provided for use in creation of the Client’s App, such return cannot be guaranteed.
11) Access Requirements.
If the Client’s App is to be published on a third-party development account, MADROO must be granted temporary access to the account to prepare App submission. If the Client’s App is to interact with a third-party remote server the Client shall provide full access details to storage and content directories. Depending on the specific nature of the project, other resources might also need to be configured on the server.
12) Post Project Alterations.
MADROO cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s App once installed. Such alterations include, but are not limited to additions, modifications or deletions. MADROO may require a one-off App Development charge before resolving any issues that may arise.
13) Third Party Services.
MADROO may require the usage of third party services – for example, Google Maps API – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. MADROO cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s App and may require a one-off App Development charge before resolving any problems that may arise.
14) Domain Names.
MADROO may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by MADROO . For all domains, reminder emails will be sent out to the client before the domain expires at sixty and thirty days before expiration. Domains are automatically renewed ten days before expiration. In all cases, the Client must notify MADROO that they do not wish to keep the domain twenty days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of MADROO . The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
16) Governing Law.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Australia, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in Victoria, Australia.