Terms and Conditions

Last Updated: January 2025

These Terms and Conditions ("Agreement") govern the provision of mobile application development services by MAW PROPERY LTD ("Company", "we", "us", or "our") to clients ("Client", "you", or "your"). By engaging our services, you agree to be bound by this Agreement.

1. Services

1.1 Scope of Services

MAW PROPERY LTD provides mobile application development services, including but not limited to:

  • Product strategy and consultation
  • UX/UI design and prototyping
  • iOS and Android native development
  • Cross-platform application development
  • API integration and backend development
  • Quality assurance and testing
  • App Store deployment and optimization
  • Ongoing maintenance and support

1.2 Project Specifications

All services will be performed in accordance with project specifications mutually agreed upon in writing. Any changes to the scope of work must be documented and approved by both parties.

2. Client Responsibilities

2.1 Information and Materials

The Client agrees to provide:

  • Timely access to necessary information, materials, and resources
  • Clear project requirements and specifications
  • Feedback and approvals within agreed timeframes
  • Access to relevant systems, accounts, and credentials as needed
  • Content, images, and brand assets in appropriate formats

2.2 Cooperation

The Client acknowledges that delays in providing required materials or feedback may impact project timelines and costs.

3. Payment Terms

3.1 Fees and Pricing

Service fees will be specified in individual project proposals or statements of work. All fees are quoted in British Pounds (GBP) unless otherwise stated.

3.2 Payment Schedule

Unless otherwise agreed, payment terms are as follows:

  • Initial deposit (typically 30-50%) due upon project commencement
  • Milestone payments as specified in project agreement
  • Final payment due upon project completion and before delivery

3.3 Late Payments

Invoices are due within 14 days of issue unless otherwise specified. Late payments may incur interest charges at a rate of 4% above the Bank of England base rate per annum.

3.4 Expenses

Unless otherwise agreed, additional expenses such as third-party services, stock assets, or hosting costs will be billed separately and require Client approval before being incurred.

4. Intellectual Property Rights

4.1 Ownership Upon Payment

Upon receipt of full payment, the Client will own all intellectual property rights in the final deliverables specifically created for the Client, excluding pre-existing materials and tools.

4.2 Pre-existing Materials

We retain ownership of all pre-existing intellectual property, including frameworks, libraries, templates, and development tools. The Client receives a non-exclusive license to use these materials as part of the delivered application.

4.3 Third-Party Components

Applications may incorporate third-party components, open-source software, or licensed materials, which remain subject to their respective licenses.

4.4 Portfolio Rights

We reserve the right to display completed projects in our portfolio and promotional materials unless otherwise agreed in writing.

5. Confidentiality

5.1 Confidential Information

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement.

5.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available through no breach of this Agreement
  • Was known prior to disclosure
  • Is independently developed without use of confidential information
  • Must be disclosed by law or court order

6. Warranties and Representations

6.1 Our Warranties

We warrant that:

  • Services will be performed in a professional and workmanlike manner
  • Deliverables will substantially conform to agreed specifications
  • We have the right to provide the services and grant the licenses outlined herein
  • We will not knowingly infringe upon third-party intellectual property rights

6.2 Client Warranties

The Client warrants that:

  • All materials provided do not infringe third-party rights
  • The Client has authority to enter into this Agreement
  • All information provided is accurate and complete

6.3 Disclaimer

Except as expressly stated, we make no warranties, express or implied, regarding the services or deliverables. We specifically disclaim warranties of merchantability and fitness for a particular purpose.

7. Limitation of Liability

7.1 Maximum Liability

Our total liability for any claims arising from this Agreement shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.

7.2 Excluded Damages

We shall not be liable for indirect, consequential, special, or punitive damages, including lost profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.

7.3 Exceptions

Nothing in this Agreement shall limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

8. Project Timeline and Delivery

8.1 Estimates

Project timelines are estimates based on information available at project commencement. Actual delivery dates may vary based on project complexity, Client feedback cycles, and scope changes.

8.2 Delays

We are not liable for delays caused by factors outside our reasonable control, including Client delays, third-party dependencies, or force majeure events.

8.3 Acceptance

The Client will have a reasonable period (typically 7-14 days) to review and accept deliverables. Acceptance shall not be unreasonably withheld.

9. Support and Maintenance

9.1 Warranty Period

We provide a warranty period (typically 30-90 days) following final delivery during which we will correct errors or defects in the deliverables at no additional cost.

9.2 Post-Warranty Support

Ongoing maintenance, updates, and support beyond the warranty period are available under separate agreements at our standard rates.

9.3 Third-Party Updates

The Client acknowledges that platform updates (iOS, Android) or third-party service changes may require application updates, which are not covered under the initial project scope.

10. Termination

10.1 Termination by Either Party

Either party may terminate this Agreement with 14 days' written notice if the other party materially breaches the Agreement and fails to cure the breach within that period.

10.2 Termination for Convenience

The Client may terminate the project for convenience with written notice. In such cases, the Client shall pay for all work completed and expenses incurred up to the termination date.

10.3 Effect of Termination

Upon termination, all outstanding fees become immediately due. We will deliver all work completed to date upon receipt of payment.

11. Indemnification

11.1 Client Indemnity

The Client agrees to indemnify and hold us harmless from claims arising from Client-provided content, materials, or misuse of deliverables.

11.2 Our Indemnity

We agree to indemnify the Client against claims that our work infringes third-party intellectual property rights, provided we are promptly notified and given control of the defense.

12. General Provisions

12.1 Governing Law

This Agreement shall be governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of English courts.

12.2 Assignment

Neither party may assign this Agreement without the other's written consent, except that we may assign to an affiliate or in connection with a merger or acquisition.

12.3 Entire Agreement

This Agreement, together with any project-specific statements of work, constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

12.4 Amendments

Amendments to this Agreement must be made in writing and signed by authorized representatives of both parties.

12.5 Severability

If any provision is found unenforceable, the remaining provisions shall remain in full effect.

12.6 Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

13. Contact Information

For questions regarding these Terms and Conditions, please contact:

MAW PROPERY LTD
50a Hall Lane Hendon
London, England, NW4 4TN
Email: info@mawpropery.support
Phone: +44 7727 680275

14. Acknowledgment

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.