This refund policy was developed by Apex Mobile Apps to outline the conditions under which Apex Mobile Apps would provide a refund, the procedure for requesting a refund against an order, and Apex Mobile Apps's obligations in connection with a transaction that results in a refund claim. You agree to all of the terms and conditions stated in this refund policy by enrolling for any of the Apex Mobile Apps services.
As an independent contractor for the Buyer, Apex Mobile Apps will design, develop, and implement an application in accordance with the scope that has been agreed upon, any relevant information that has been incorporated herein by reference ("Specifications"), and as more fully described in this Agreement ("the Software"). Apex Mobile Apps has only been hired for this particular work, and it will only disclose all results and suggestions to the buyer's management or in another manner specified by the buyer. As soon as the buyer approves the beta version for launch, the software—including all versions in source code or object code form—will be sent to the buyer. An upgraded version of the software will be sent using the Apex Mobile Apps.
The software is being developed as "work for hire" in accordance with the 1976 Copyright Act, as revised from time to time. After the software is finished and paid for by the buyer as specified below, it will become the exclusive property of the buyer. All rights, title, and interest in and to the Software, as well as any and all associated patents, patent applications, copyrights, copyright applications, trademarks, and trade names for the Software, are hereby assigned by Apex Mobile Apps to Buyer, without additional compensation. The software must always include the buyer's prominent copyright notice on it. The buyer will buy the publishing accounts and any other necessary licenses, then give Apex Mobile Apps the corresponding login credentials. The Apex Mobile Appslication will download.
Regarding the services rendered to Buyer, Apex Mobile Apps is functioning as an independent contractor. Apex Mobile Apps shall not be deemed to be the employer or agent of Buyer, nor shall any of its employees, consultants, or contractors who work on behalf of Buyer. When providing services under this Agreement, Buyer will not be held accountable for the conduct of Apex Mobile Apps or its personnel. By virtue of this Agreement, neither party shall have any right, power, or authority to act on behalf of the other party or create any implied or express obligation. Nothing in this Agreement may be interpreted to imply a joint venture, business, partnership, or principal-agent relationship between the parties.
Client may not assign or subcontract this Agreement, or any rights or obligations hereunder, whether by operation of contract, law, or otherwise, except with the express written consent of Apex Mobile Apps , and any attempted assignment in violation of this Section shall be void.
Apex Mobile Apps disclaims all liability for any kind of damages, including but not limited to those resulting from (i) loss of business, anticipated revenues or profits, or any other type of financial loss; (ii) loss of data, private or confidential information, or privacy; or (iii) other damages. This restriction will take effect if any cure is unable to fulfill its primary function.
Apex Mobile Apps will utilize employees and/or contractors capable of designing and implementing the Software to be developed per this Agreement. All work shall be performed in a professional and workmanlike manner. Apex Mobile Apps shall arrange for such employees and/or contractors, if any, to execute and deliver any document or instrument reasonably requested by Buyer to reflect Buyer's ownership of the Software or in connection with any application for patent or copyright.
Buyer may request that changes be made to the Specifications, other aspects of the Agreement, or tasks associated with this Agreement. If Buyer requests any such changes, Apex Mobile Apps will use its best efforts to implement the requested changes at no additional expense to Buyer and without delaying delivery of the Software. In the event that the proposed change will cause a delay in delivery of the Software or additional expense to Buyer, then Buyer and Apex Mobile Apps shall confer, and Buyer shall, in its discretion, elect either to withdraw its proposed changes or agree that Apex Mobile Apps may deliver the Software with the proposed changes subject to a new delivery schedule and Buyer’s payment to Apex Mobile Apps of any additional expense. If Buyer’s proposed change does not affect the then current phase of the project, then the proposed change will be considered after the completion of that then current phase.
A. Apex Mobile Apps acknowledges that all material and information supplied by Buyer which has or will come into Apex Mobile Apps ’s possession or knowledge in connection with Apex Mobile Apps ’s performance hereunder, is to be considered Buyer's confidential and proprietary information. By way of illustration, but not as a limitation. Confidential Information includes the Software, trade secrets, processes, data, know-how, program codes, documentation, flowcharts, algorithms, marketing plans, forecasts, unpublished financial statements, budgets, licenses, prices, costs, and employee and customer lists. Apex Mobile Apps ’s undertakings and obligations under this Section will not apply, however, to any Confidential Information that: (i) is or becomes generally known to the public through no action of Apex Mobile Apps , (ii) is generally disclosed to third parties by Buyer without restriction on such third parties, or (iii) is approved for release by written authorization of Buyer. Upon termination of this Agreement or at any other time upon request with reasonable advance notice given, Apex Mobile Apps will deliver to Buyer all notes, memoranda, notebooks, drawings, records, reports, files, documented source codes and other documents (and all copies or reproductions of such materials) in its possession or under its control, whether prepared by Apex Mobile Apps or others, which contains Confidential Information to the extent that such material exists. Apex Mobile Apps acknowledges that Confidential Information is the sole property of Buyer. Apex Mobile Apps agrees that disclosure of such information to, or use by, third parties, either during or after this Agreement, will in the strictest confidence, not to make use of it other than for the performance of this Agreement. Apex Mobile Apps agrees to use best efforts to release Confidential Information only to the Apex Mobile Apps employees or contractors with a need to know such information and not to release or disclose Confidential Information to any other party. Apex Mobile Apps further agrees not to release such information to any employee or contractor who has not signed a written agreement between Apex Mobile Apps and the employee expressly binding the employee not to use or disclose the Confidential Information, except as expressly permitted in this Agreement.
B. Apex Mobile Apps agrees to keep these negotiations with Buyer and performance of Apex Mobile Apps ’s obligations hereunder confidential and not to disclose that information to any third party or entity without the prior written permission of Buyer.
Apex Mobile Apps shall provide Buyer’s employees with training on how to use the Software at no additional cost to Buyer as may reasonably be requested by Buyer from time to time after acceptance of the Software by Buyer. All training that Apex Mobile Apps provides hereunder shall be performed at such locations and at such times as are mutually agreed to by the parties. Upon the expiration of the Training Period of 15 days after deployment and upon Buyer's request, Apex Mobile Apps will provide support services necessary to assist Buyer with the use of the Software. Such services will be performed on a time and material basis at Apex Mobile Apps ’s then current hourly rates for such services.
A. Apex Mobile Apps warrants that for a period of three months following acceptance, the Software will operate according to the Specifications.
B. If during the warranty period the Software does not operate according to the Specifications, Apex Mobile Apps shall, at its expense, fix the Software so that it operates to the Specifications, which will be Buyer’s sole and exclusive remedy hereunder. If Apex Mobile Apps cannot fix the Software to operate according to the Specifications or fails to develop and deliver the Software as agreed herein, Buyer’s sole and exclusive remedy is to reimburse the cost that it paid to Apex Mobile Apps for the Software to date, and under no circumstances will Apex Mobile Apps be liable to Buyer for and Buyer express waives and releases Apex Mobile Apps from any incidental, consequential, punitive, exemplary, lost sales, lost profits or any other type or nature of any alleged damages, fees, costs or claims except for the limited reimbursement remedy provided herein. If Apex Mobile Apps fails to complete and deliver the Software, and Buyer would like to keep the work then completed, Buyer will be entitled only to a partial refund based on the phase completed.
C. Apex Mobile Apps warrants that the Software will not infringe upon any copyright, patent, trade secret or other intellectual property interest of any third party. Apex Mobile Apps will indemnify and hold Buyer harmless from and against any infringement claims, losses, suits and damages arising from the Software including, but not limited to, attorney's fees and costs, and shall promptly following any bona-fide claim of infringement correct the Software so as not to be infringing, or secure at its own expense the right of Buyer to use the Software without infringement. For Apex Mobile Apps ’s indemnification obligation pursuant to this Section to arise, Buyer must give Apex Mobile Apps notice of any such infringement allegation and give Apex Mobile Apps the opportunity to take over and direct the defense against any such allegations. Buyer must get Apex Mobile Apps ’s approval of any settlement of any such infringement allegations.
A. This Agreement shall commence when both parties have signed the document and buyer has paid the project mobilization fee and continue until all of the obligations of the parties have been performed or until earlier terminated as provided herein.
B. Apex Mobile Apps ’s appointment as a contractor pursuant to this Agreement and this Agreement shall terminate upon the occurrence of either of the following events:
In case of cancellation by Buyer without good cause no amount will be refunded, and Apex Mobile Apps may, at its discretion, consider this Agreement terminated, null and void.
This is the full and complete agreement of the parties with respect to the subject matter of it, which supersedes any and all previous oral and written representations. No changes to this Agreement shall be effective unless made in writing and signed by the parties hereto.
The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
The parties must submit any and all disputes between them arising pursuant to or from this Agreement to mediation. If the dispute cannot be resolved in mediation, any remaining dispute must be submitted to mandatory arbitration to be administered by the American Arbitration Association and its Commercial Arbitration Rules with the resulting award to be confirmed by a court of competent jurisdiction. The Arbitration is to be conducted in the English language in New York, NY (USA) and New York law shall apply without regard to conflict of laws principles.
Apex Mobile Apps takes every project very seriously and ensures that the same is handled in a professional manner and the client gets the result as per the terms and conditions of the proposal. However, if the client is not happy with the outcome and has gone through the dispute resolution process, we do consider refund requests as per the following schedule which clearly lists the services and our refund policy related to each service.
Refunds will be processed and mailed within 5 business days of the cancellation date and will be made using the same method of payment as the original (refund by check or refund to credit card).
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