Terms and Conditions

App Digits has created this refund policy to describe the circumstances when App Digits will issue a refund, the process for claiming a refund against an order and the liabilities of App Digits related to a transaction ending in a refund claim. By registering for any of App Digits services, you are stating that you have read and accept all of the terms and conditions outlined in this refund policy.

1. Duties and Responsibilities

App Digits shall serve as an independent contractor of Buyer, and shall design, develop, and implement an application according to the agreed scope and related information, if any, and incorporated herein by reference ("Specifications") and as more fully set forth in this Agreement (“the Software”). App Digits has been contracted for this specific task only, and it will report all findings and make all recommendations directly to the management of Buyer or as otherwise directed by Buyer. The Software, including all versions in either source code or object code form, shall be delivered to Buyer as soon as the Beta version is approved by the Buyer for the launch. App Digits will deliver an updated version of the Software, to the extent one exists, to Buyer at the end of the warranty period.

2. Ownership of Software

The development of the Software is "work for hire" within the meaning of the Copyright Act of 1976, as amended from time to time, and the Software shall be the sole property of Buyer once it is completed and paid for by Buyer as herein provided. App Digits hereby assigns to Buyer, without further compensation, all of its rights, title and interest in and to the Software and any and all related patents, patent applications, copyrights, copyright applications, trademarks and trade names for the Software. All versions of the Software shall contain Buyer's conspicuous notice of copyright. Buyer will purchase the publishing accounts and other appropriate licenses and provide the respective credentials to App Digits . App Digits will upload and publish the Software under the Buyer’s name unless otherwise directed by Buyer.

3. Independent Contractor

App Digits is acting as an independent contractor with respect to the services provided to Buyer. Neither App Digits nor the employees, consultants or contractors of App Digits performing services for Buyer will be considered employees or agents of Buyer. Buyer will not be responsible for App Digits ’s actions or the actions of App Digits ’s employees while performing services under this Agreement. Nothing contained in this Agreement shall be construed to imply a joint venture, business, partnership or principal-agent relationship between the parties, and neither party, by virtue of this Agreement, shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

4. General

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 App Digits , and any attempted assignment in violation of this Section shall be void.

5. Limitation of Liabilities

App Digits shall not be liable for any special, exemplary, consequential, incidental, indirect or punitive damages whatsoever (including but not limited to damages related to (i) Loss of business, anticipated revenues or profits, or any other pecuniary loss, (ii) Damages for loss of data, personal or confidential information or privacy. This limitation shall be effective if any remedy fails of its essential purpose.

6. Development Staff-Monitoring

App Digits 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. App Digits 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.

7. Change in Specifications

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, App Digits 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 App Digits shall confer, and Buyer shall, in its discretion, elect either to withdraw its proposed changes or agree that App Digits may deliver the Software with the proposed changes subject to a new delivery schedule and Buyer’s payment to App Digits 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.

8. Confidentiality

A. App Digits acknowledges that all material and information supplied by Buyer which has or will come into App Digits ’s possession or knowledge in connection with App Digits ’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. App Digits ’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 App Digits , (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, App Digits 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 App Digits or others, which contains Confidential Information to the extent that such material exists. App Digits acknowledges that Confidential Information is the sole property of Buyer. App Digits 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. App Digits agrees to use best efforts to release Confidential Information only to the App Digits employees or contractors with a need to know such information and not to release or disclose Confidential Information to any other party. App Digits further agrees not to release such information to any employee or contractor who has not signed a written agreement between App Digits and the employee expressly binding the employee not to use or disclose the Confidential Information, except as expressly permitted in this Agreement.

B. App Digits agrees to keep these negotiations with Buyer and performance of App Digits ’s obligations hereunder confidential and not to disclose that information to any third party or entity without the prior written permission of Buyer.

9. Training

App Digits 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 App Digits 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, App Digits 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 App Digits ’s then current hourly rates for such services.

10. Warranties

A. App Digits 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, App Digits 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 App Digits 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 App Digits for the Software to date, and under no circumstances will App Digits be liable to Buyer for and Buyer express waives and releases App Digits 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 App Digits 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. App Digits warrants that the Software will not infringe upon any copyright, patent, trade secret or other intellectual property interest of any third party. App Digits 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 App Digits ’s indemnification obligation pursuant to this Section to arise, Buyer must give App Digits notice of any such infringement allegation and give App Digits the opportunity to take over and direct the defense against any such allegations. Buyer must get App Digits ’s approval of any settlement of any such infringement allegations.

11. Terms and Termination

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. App Digits ’s appointment as a contractor pursuant to this Agreement and this Agreement shall terminate upon the occurrence of either of the following events:

  • A party defaults on any material obligation owed to the other party pursuant to this Agreement, and the default is not cured following at least forty-five (45) days written notice to the defaulting party.
  • Either party becomes bankrupt or insolvent, or bankruptcy or insolvency proceedings are instituted against a party and the proceeding is not dismissed within forty-five (45) days after commencement.
  • Section 2, Ownership of Software, and Section 7, Confidentiality, shall survive the expiration or termination of this Agreement.

12. Entirety of Agreement

In case of cancellation by Buyer without good cause no amount will be refunded, and App Digits 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.

13. Headings in this Agreement

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.

14. Severability

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.

15. Dispute Resolution

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 USA and shall apply without regard to conflict of laws principles.

16. Eligibility of Refund

App Digits 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.

17. Processing of Refunds

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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I had asked App Digits to create a mobile game application for iOS and Android platforms. Their team was professional throughout the entire mobile application development process.

John PeterManchester

There was one person who was the contact the whole project that made communication easy. App Digits designed and developed an application that helps organize pick-up hockey game.

John PeterManchester

Frank was fantastic to work with. He was on point with everything and helpful throughout the entire process. He worked with me going back and forth with his team fixing every little detail.

John PeterManchester

Even though I am sure mine was a relatively small job for App Digits , I felt they took their job just as seriously. Personalized attention and reliability are attributes I appreciate and App Digits did not disappoint!

John PeterManchester


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