Terms and Conditions

Applybox Digital Ltd

Standard Terms and Conditions

1. INTERPRETATION

Agreement: any written or other agreement between the Customer and Applybox Digital to carry out Work.
Agreement Documentation: all written and electronic communications from Applybox Digital to the Customer setting out the Work.
Customer: the person, firm or company who purchases Work from Applybox Digital.
IPR: patents, copyright, trademarks, trade names, domain names, design rights, database rights, programming code, moral rights and any other intellectual property rights whether registered or unregistered in any part of the world.
Materials: the content including but not being limited to; words, text, diagrams, tables, images, designs, code and sound provided to Applybox Digital by the Customer for use in the Site.
Site: the Customer's website hosted by Applybox Digital
The Party(ies): the Customer and Applybox Digital
Work: work, software, code, the Site, products and/or services to be provided by Applybox Digital under any Agreements with the Customer.
Applybox or Applybox Digital: Applybox Digital Ltd, a company registered in England with Company number 16038205, Registered Office 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. Administrative offices at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

2 APPLICATION OF CONDITIONS

2.a These conditions govern any Agreement between Applybox Digital and the Customer and prevail over any conditions contained or referred to in the Customer's documents or implied by law or course of dealing. The variation of any Agreement(s) shall be in writing and signed by or on behalf of the Parties. If any provision of any Agreement is found by any court to be invalid, unenforceable or illegal, the other provisions shall remain in force. Any Agreement is governed by English Law and the Parties agree to submit to the jurisdiction of English courts.  All Agreements are made for the benefit of the parties to it and are not intended to benefit, or be enforceable by, anyone else. The Customer shall not without the prior written consent of Applybox Digital assign any of its rights or obligations under any Agreement. Applybox Digital may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under any Agreement.
2.b In determining the Work that Applybox Digital agrees to carry out, only the Agreement Documentation shall be decisive. All verbal representations made by either Party shall be disregarded.
2.c Any dispute or difference arising out of or in connection with an Agreement shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators.

3 OBLIGATIONS OF THE PARTIES

3.a Applybox Digital shall use reasonable efforts to manage and complete the Work, but any timescales given shall be estimates only and time shall not be of the essence.
3.b The Customer shall co-operate with Applybox Digital in all matters relating to the Work and in a timely manner provide such access to the Customer's premises, marketing materials, photographs, written content and data and such information as Applybox Digital may reasonably request.
3.c The Customer warrants that it owns the Materials. The Customer shall ensure that the Materials do not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party IPR). The Customer shall be liable for infringement of a third party's rights arising out of use of the Materials and the Customer hereby indemnifies Applybox Digital in full in respect of losses, claims, costs, fines, damages or otherwise incurred due to such infringement. Should Applybox Digital discover that any Materials are being used in infringement of a third party's rights then Applybox Digital shall be entitled to suspend all Work until such infringement is remedied by the Customer. Applybox Digital reserves the right to remove content from the Site where it reasonably suspects such content is inappropriate content. Applybox Digital shall notify the Customer if it becomes aware of any allegation that content on the Site may be inappropriate content.