Terms of Service

By accessing this website or engaging Appfinity ([Company Legal Name]) for services, you agree to these terms. If you accept on behalf of an organisation, you confirm you have authority to bind that organisation. Where a signed master services agreement exists, that agreement prevails over any conflicting provision here.

Services are defined in a written proposal or statement of work specifying deliverables, assumptions, milestones, and fees. Anything not expressly listed is out of scope. Changes to scope are handled through a written change request setting out the revised schedule and cost before work begins.

Timely delivery depends on your cooperation. You agree to:

• Nominate a decision-maker empowered to approve scope and designs
• Provide access to systems, environments, data, and third-party accounts
• Respond to review requests within [5] business days
• Ensure you hold the rights to any content, data, or code you supply to us

Delays caused by outstanding client dependencies may shift milestone dates and incur re-mobilisation fees where a team has been held idle.

Fees are set out in the applicable statement of work. Unless stated otherwise, discovery is invoiced in advance, delivery work is invoiced fortnightly in arrears, and retainers are invoiced monthly in advance. Invoices are payable within [14] days. Overdue amounts may accrue interest at [statutory rate] and we may suspend work after [15] days of non-payment. All fees are exclusive of VAT, sales tax, or other levies applicable in [Jurisdiction].

On full payment of all sums due, we assign to you the intellectual property rights in the bespoke deliverables created for your project. We retain ownership of our pre-existing materials, internal libraries, tooling, and know-how, and grant you a perpetual, non-exclusive, worldwide licence to use them to the extent embedded in the deliverables. Third-party and open-source components remain subject to their own licences, which we document at handover.

Each party will protect the other's confidential information with at least reasonable care, use it only to perform the engagement, and disclose it only to personnel and sub-processors bound by equivalent obligations. These obligations continue for [3] years after the engagement ends, and indefinitely for trade secrets.

Deliverables are deemed accepted [10] business days after delivery unless you notify us in writing of a material defect against the agreed acceptance criteria. For [30] days after acceptance we will correct reproducible defects in our code at no charge. This warranty does not cover changes made by others, third-party service failures, or use outside the documented environment.

You may not attempt to gain unauthorised access to this website, probe or scan its infrastructure without written permission, submit malicious code, scrape content at a rate that degrades service, or use our brand assets without consent.

Website content is provided for general information and does not constitute professional advice. Except as expressly stated in these terms or a statement of work, and to the fullest extent permitted by the law of [Jurisdiction], we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

Neither party is liable for indirect, incidental, or consequential loss, loss of profit, revenue, goodwill, or data. Our aggregate liability arising out of an engagement is limited to the total fees paid by you for that engagement in the [12] months preceding the event giving rise to the claim. Nothing limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under [Jurisdiction] law.

Either party may terminate an engagement on [30] days' written notice, or immediately on a material breach that remains uncured for [15] days. On termination you pay for work performed and non-cancellable commitments up to the termination date, and we deliver work in progress in its then-current state.

These terms are governed by the laws of [Jurisdiction], and the courts of [Jurisdiction] have exclusive jurisdiction. Before starting proceedings, the parties will attempt good-faith resolution through escalation to senior representatives within [20] business days.

We may revise these terms for future engagements and website use. The version in force when your statement of work is signed governs that engagement. Continued use of the website after an update constitutes acceptance of the revised terms.