APP PAY Limited TERMS & CONDITIONS
APP PAY Limited is a trading partner of PropertyLive.apps. These are our terms and conditions of business. They explain the basis on which we offer our services and in particular what you can expect from us and what we expect from you. The terms and conditions are important and you should read them carefully. If there is anything in the terms and conditions that you do not understand please contact APP PAY Limited on 0845 250 6012.
In our terms and conditions we use words that have special meanings as below:
"Fees" means the fees that we charge for developing apps and hosting data on our server. The fees that you pay depend on the Service that you have decided to purchase.
"Service" means the service or services that you have chosen to purchase, as set out on your order form.
"we" or "us" means APP PAY Limited , a trading partner of PropertyLive.apps.
1. The Service we are providing
When we have processed your order and received any fees which are due from you, we will grant you a right to use the Service. By completing your order form you will be deemed to have agreed to a contract as laid out in the order confirmation, and also to these terms and conditions, as well as any additional terms specific to the product.
2. Passwords and Security
In order to use the Service you will be given a password and user name. It is important that you keep these secret. If you think that anyone else knows your password and/or user name you must tell us immediately and change your password. We may change your password without first telling you if we think that it is being used by another person. If you are a corporate user, then the company is also responsible, together with the individual using the account.
3. Fees and charges
You agree that you will pay the appropriate Fees for the Service on time. All Fees must be paid in advance of the period of use, and payment terms are 7 days from date of invoice. The amount payable by you will be set out on your order form. You understand and agree that if you fail to make payments of Fees when they are due, we may charge interest on late payments at an annual rate of interest equal to the base lending rate of National Westminster Bank plc plus 4%.
4. What we expect from you
You are entirely responsible for the content of your app(s). You agree to indemnify APP PAY Limited for any claims arising from the content of your app(s). You may not, under any circumstances, use APP PAY Limited services to do any of the following: publish, post, distribute, or other unlawful material or information or otherwise violate the legal rights (including rights of privacy and publicity) of others, engage in illegal or unlawful activities make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; make available / upload files that contain a virus or corrupted data falsify the source or origin of software or other material contained in a file that you make available on your app(s) act, or fail to act, in your use of the app(s), in a manner that is contrary to applicable law or regulation. You are entirely responsible for any civil or criminal liability which is incurred as a result of your use of your app(s). You agree to accept full responsibility for the content of your app(s) and agree to indemnify APP PAY Limited against any civil or criminal liability which is incurred as a result of your use of the services.
5. Termination
If you fail to pay Fees when they are due or abuse the Service we may terminate your access to the Service. If we terminate your access to the Service as a result of your abusing it, we will not refund any Fees. You may terminate your agreement with us at any time of giving us notice in writing or by e-mail. We will then send you an acknowledgement of termination. Termination of the agreement will become effective at the end of the then current payment period provided that we have acknowledged your notice of termination at least 21 days before the end of that payment period. If you receive our acknowledgement less than 21 days before the end of that payment period then the agreement will terminate at the end of the next payment period. We retain the right to terminate your right to use the Service at any time, without giving any reason.
Excessive use of server resources
If a service is found to be monopolising a system resource, or is in breach of the acceptable use policy (AUP) for that product, APP PAY Limited reserves the right to suspend that service immediately at our sole discretion. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby APP PAY Limited continues to provide the service for an additional fee.
6. What you can expect from us
We will do our best to maintain the operation of the Service in accordance with the information that you have received about it. We cannot and do not accept any responsibility for the equipment and data services that you use to access the Service. Accordingly our liability to you, whether for breach of contract, negligence or otherwise, in respect of any defect in or discontinuance of the Service is limited to the price that you have paid to use the Service. You agree that we are not liable to you for any special or consequential damages that you may suffer as a result of loss of business, contracts, profits, savings or otherwise. APP PAY Limited will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however APP PAY Limited make no representations or warranties regarding the services provided by them and do not warrant that use of APP PAY Limited will be uninterrupted or error-free, or that APP PAY Limited services will meet any particular criteria of performance or quality. Your use of APP PAY Limited services is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your use of the system and the content of your app (s). You also accept full responsibility for safeguarding and backing up your own data.
7. Personal data
You warrant that the name, address and payment information that you provide to APP PAY Limited is correct and you agree to notifying APP PAY Limited of any changes in name, address and/or payment details. We may retain information that you provide to us about yourself. We may from time to time use the information that you have provided to offer you other services that we feel may be of interest to you. If you do not wish us to use the information that we hold about you in this way please notify us by post. Any information held by us about you will be available for inspection by you in accordance with the terms of the Data Protection Act 1984.
8. Changes, amendments and notices
If we change the price of the Services we will give you at least 30 days notice. You are also responsible for reviewing regularly information posted on-line in the terms and conditions page. Please note that any notice you give to us will only be considered effective from the day on which we acknowledge it. If you do not receive an acknowledgment of any notice that you send to us within 7 days please telephone APP PAY on 0845 250 6012.
9. Governing law and jurisdiction
These terms and conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English Courts. We both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them. Your statutory rights are not affected.
APP PAY Limited is a trading partner of PropertyLive.apps. These are our terms and conditions of business. They explain the basis on which we offer our services and in particular what you can expect from us and what we expect from you. The terms and conditions are important and you should read them carefully. If there is anything in the terms and conditions that you do not understand please contact APP PAY Limited on 0845 250 6012.
In our terms and conditions we use words that have special meanings as below:
"Fees" means the fees that we charge for developing apps and hosting data on our server. The fees that you pay depend on the Service that you have decided to purchase.
"Service" means the service or services that you have chosen to purchase, as set out on your order form.
"we" or "us" means APP PAY Limited , a trading partner of PropertyLive.apps.
1. The Service we are providing
When we have processed your order and received any fees which are due from you, we will grant you a right to use the Service. By completing your order form you will be deemed to have agreed to a contract as laid out in the order confirmation, and also to these terms and conditions, as well as any additional terms specific to the product.
2. Passwords and Security
In order to use the Service you will be given a password and user name. It is important that you keep these secret. If you think that anyone else knows your password and/or user name you must tell us immediately and change your password. We may change your password without first telling you if we think that it is being used by another person. If you are a corporate user, then the company is also responsible, together with the individual using the account.
3. Fees and charges
You agree that you will pay the appropriate Fees for the Service on time. All Fees must be paid in advance of the period of use, and payment terms are 7 days from date of invoice. The amount payable by you will be set out on your order form. You understand and agree that if you fail to make payments of Fees when they are due, we may charge interest on late payments at an annual rate of interest equal to the base lending rate of National Westminster Bank plc plus 4%.
4. What we expect from you
You are entirely responsible for the content of your app(s). You agree to indemnify APP PAY Limited for any claims arising from the content of your app(s). You may not, under any circumstances, use APP PAY Limited services to do any of the following: publish, post, distribute, or other unlawful material or information or otherwise violate the legal rights (including rights of privacy and publicity) of others, engage in illegal or unlawful activities make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; make available / upload files that contain a virus or corrupted data falsify the source or origin of software or other material contained in a file that you make available on your app(s) act, or fail to act, in your use of the app(s), in a manner that is contrary to applicable law or regulation. You are entirely responsible for any civil or criminal liability which is incurred as a result of your use of your app(s). You agree to accept full responsibility for the content of your app(s) and agree to indemnify APP PAY Limited against any civil or criminal liability which is incurred as a result of your use of the services.
5. Termination
If you fail to pay Fees when they are due or abuse the Service we may terminate your access to the Service. If we terminate your access to the Service as a result of your abusing it, we will not refund any Fees. You may terminate your agreement with us at any time of giving us notice in writing or by e-mail. We will then send you an acknowledgement of termination. Termination of the agreement will become effective at the end of the then current payment period provided that we have acknowledged your notice of termination at least 21 days before the end of that payment period. If you receive our acknowledgement less than 21 days before the end of that payment period then the agreement will terminate at the end of the next payment period. We retain the right to terminate your right to use the Service at any time, without giving any reason.
Excessive use of server resources
If a service is found to be monopolising a system resource, or is in breach of the acceptable use policy (AUP) for that product, APP PAY Limited reserves the right to suspend that service immediately at our sole discretion. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby APP PAY Limited continues to provide the service for an additional fee.
6. What you can expect from us
We will do our best to maintain the operation of the Service in accordance with the information that you have received about it. We cannot and do not accept any responsibility for the equipment and data services that you use to access the Service. Accordingly our liability to you, whether for breach of contract, negligence or otherwise, in respect of any defect in or discontinuance of the Service is limited to the price that you have paid to use the Service. You agree that we are not liable to you for any special or consequential damages that you may suffer as a result of loss of business, contracts, profits, savings or otherwise. APP PAY Limited will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however APP PAY Limited make no representations or warranties regarding the services provided by them and do not warrant that use of APP PAY Limited will be uninterrupted or error-free, or that APP PAY Limited services will meet any particular criteria of performance or quality. Your use of APP PAY Limited services is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your use of the system and the content of your app (s). You also accept full responsibility for safeguarding and backing up your own data.
7. Personal data
You warrant that the name, address and payment information that you provide to APP PAY Limited is correct and you agree to notifying APP PAY Limited of any changes in name, address and/or payment details. We may retain information that you provide to us about yourself. We may from time to time use the information that you have provided to offer you other services that we feel may be of interest to you. If you do not wish us to use the information that we hold about you in this way please notify us by post. Any information held by us about you will be available for inspection by you in accordance with the terms of the Data Protection Act 1984.
8. Changes, amendments and notices
If we change the price of the Services we will give you at least 30 days notice. You are also responsible for reviewing regularly information posted on-line in the terms and conditions page. Please note that any notice you give to us will only be considered effective from the day on which we acknowledge it. If you do not receive an acknowledgment of any notice that you send to us within 7 days please telephone APP PAY on 0845 250 6012.
9. Governing law and jurisdiction
These terms and conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English Courts. We both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them. Your statutory rights are not affected.
