Terms and Conditions
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
These Terms may be varied from time to time, as we see fit. We will not give you notice of such a change, but will publish them on our website. Your continued use of our services will indicate acceptance of any such variation, and an acknowledgement that the publication provided you with sufficient notification of the variation.
When reading these Terms please be aware that we reserve the right to refuse service to anyone for any reason at any time.
The headings or titles used in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of said Terms.
We will host your apps for the term of your subscription.
We will also offer technical and customer support as and when you require during the entire duration of the term. Customer support can be contacted by e-mailing email@example.com.
We will use reasonable commercial efforts to have the applications approved by the appropriate mobile platform providers. However, we cannot guarantee that your applications will be approved.
Nor can we guarantee the performance, or consumer uptake of the applications.
We reserve the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. We may also vary the price at any time, and you agree to pay any new cost on the renewal date of your agreement.
We are at the mercy of telecommunications systems, which may at times require downtime outside of our control, and your applications, or our website/ and or hosting may be unavailable from time to time for such reasons.
You will pay the fees in accordance with the payment clause below and your payment agreement.
You grant us a non-exclusive right to host your/your customers content within the applications we have built for you, on our website, or in any marketing collateral we deem appropriate.
You agree not to reproduce, duplicate, copy or exploit any portion of the applications that have been built by us, including our intellectual property, features, our source code or know-how without our express written permission
General Terms, including automatic renewal terms
You will pay the subscription charges in full, in advance, and free of any deduction or setoff whatsoever. All payments will be made using a valid credit or debit card.
The app setup design fees will be automatically charged to the nominated credit or debit card on joining PinkJelly Apps.
In order to ensure that you do not experience an interruption or loss of services, subscriptions will renew automatically. The automatic renewal automatically renews the service for a period equal in time to the most recent service period. For example, if your last service period is for one (1) year, your renewal period will be for one (1) year. Therefore unless you cancel the renewal in writing to the service will automatically renew and will take payment from the payment method you have on file. Cancellation requests must be received thirty (30) days prior to the renewal.
Annual Plans: Any product purchased for one (1) year or greater will be considered an annual plan under the terms of this policy. For renewals, the anniversary date of the original purchase date will be used.
Monthly Plans: Any product purchased for less than 1 year will be considered a monthly plan under the terms of this policy. For renewals, the monthly scheduled renewal date will be based on the original purchase date.
No refunds will be given for the application setup fees, or for any termination requests received after the thirty (30) day cancellation policy described below.
Monthly Plan payments will commence 30 days from sign up date irrespective of app status. No refunds will be given for months paid prior to app go live.
In addition to any statutory or other legal right, you may terminate your subscription before thirty (30) calendar days of the renewal date.
We may terminate your subscription at any time if you breach any of the Terms, or if you fail to make payment in accordance with the payment clause listed above.
Indemnification and Liability
You agree to indemnify us, our directors, officers, employees, contractors and agents, and any other related body corporate, against all claims, demands, damages, costs, penalties, suits and liabilities of any nature caused directly or indirectly by any act or omission or any breach of any provision of these Terms.
We shall not be liable in contract, tort or otherwise for any consequential, indirect or pure economic loss suffered by you that arises in any way from the services under these Terms, even if such loss was, or should have been, within our contemplation.
Without restricting the effect of any other provision in these Terms, the maximum liability to you for any claim will only ever be the fees actually paid by you.
All content included on this site, in the application software, and in the creation of the application is our property and is protected.
You authorize us to use, reuse, and to grant others the right to use and reuse, your content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your subscription term.
You may not decompile, reverse-engineer, disassemble, or otherwise convert the software to a human-perceivable form.
A party may suspend its obligations under these Terms if and to the extent that it is unable to perform such obligations as a direct result of an act of God, fire, wind, flood, riot, war, industrial action or defaults by third parties or other circumstances of a similar nature beyond its reasonable control (force majeure event). Where a party claims a force majeure event has occurred it must give notice to the other party giving all available information in relation to the event and estimating the period of time required to remedy the event and end the suspension. The existence of a force majeure event will not relieve a party from any obligation to the extent that it is not affected by the force majeure event or related to the period up the occurrence of the force majeure event, or in particular, your obligation to pay the subscription charges falling due prior to the force majeure event. Where a party’s obligations have been suspended pursuant to this clause for a period of thirty (30) calendar days or more, the other party may immediately terminate this Agreement.
If any part of these Terms is found by a court or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the terms and the remainder of the terms will continue to be valid and enforceable to the fullest extent permitted by law.
These Terms are governed by the laws of the England and Wales.