Terms and Conditions
By using our services and website, you acknowledge and agree to our terms and conditions.
Acceptance
Prior to the commencement of any work, a concise summary of these terms and conditions must be mutually agreed upon and included with project quotations. By making a deposit or online payment, you acknowledge your acceptance of our terms and conditions. These terms are readily accessible for review on our website at all times.
Service Charges
In the project proposal sent to you via email, Lynox Digital outlines the charges associated with the services we are set to provide. Unless mutually agreed otherwise in advance, our proposal quotations remain valid for 30 days from the date of issue. Following this deadline, Lynox Digital reserves the right to modify or decline to provide a quotation.
Feedback
We encourage you to review the design and content of the app at various stages during the design process and upon completion. Failure to notify Lynox Digital within twenty days of the material being made available to you will result in the materials being deemed accepted and approved.
In exchange, we request that you designate a single point of contact to facilitate efficient project completion.
Content Submission
For the duration of the project, Lynox Digital will require copies and images from you. In the event that content is not provided within two weeks of an official email request, Lynox Digital reserves the right to notify you of a revision to the final payment. This revision will be subject to any costs incurred due to project delays. Failure to provide content within four weeks of the original email request may result in project termination. In such cases, the final invoice will be sent, and upon agreement on a new quotation document and payment of the original fees, Lynox Digital may, at its discretion, recommence the project.
Costs
Upon project initiation, an invoice for the initial setup fee will be issued. The final invoice will be presented once the Development, Design, and any associated services are completed. Intermediate milestone bills may be issued as needed based on the project scope and agreed-upon milestones. Invoices are typically sent via email and SMS, with the option for paper invoices. Full payment is required by the due date, and the source code or app will not be released to App Stores until final payment is received. An account is considered delinquent if the invoice remains unpaid after thirty days.
Responsibility
Lynox Digital retains the discretion to remove any data or files belonging to a defaulting client from its host space. Any losses resulting from service deactivation are not the responsibility of Lynox Digital and do not absolve the client of the obligation to settle outstanding charges.
Termination
To terminate the project, a written request via email is required, and the termination notice takes effect upon receipt. Phone requests will not be honored without written confirmation, such as an email. All design and development work completed until the notice of cancellation must be paid in full within fourteen days. Even if no deliverable work has been completed, any deposit paid before the project commenced will be forfeited in the event of project cancellation.
Legal Constraints
The Lynox Digital Non-Disclosure Agreement and the Lynox Digital Services Terms and Conditions apply to client apps hosted and supported under this agreement.
Ownership of Original Creative Work
Client-owned data, files, and logos remain the property of the Client. However, Lynox Digital retains the right to publish and utilize them. Should copyrighted information or files from a third party be involved, the Client is responsible for obtaining the necessary permissions. Lynox Digital undertakes to indemnify and absolve the Client from claims arising due to the Client’s negligence in obtaining proper copyright permissions. By entering into an agreement with Lynox Digital, the client affirms that all required authorizations and permissions have been secured. Verification of permissions and authority may be requested.
Media Delivery Requirements
Text, photographs, and graphics provided by the Client in electronic or print format are assumed to be supplied by the Client unless otherwise specified in the project quotation. While Lynox Digital will make efforts to return provided images or printed materials for the creation of the Client’s App, this return cannot be guaranteed.
System Access Requirements
For the publication of the Client’s App on a third-party development account, temporary access to the account is necessary for Lynox Digital to prepare the App submission. Full access to storage and content directories is required if a third-party remote server is used. Additional server configuration may be needed based on the project’s requirements.
Post-Project Modifications
Lynox Digital is not responsible for changes made to the Client’s App after installation, whether by the Client or a third party. A one-time App Development fee may be required to address any issues before resolution.
Third-Party Services
If third-party services are necessary for the Client’s project, Lynox Digital will integrate and ensure their proper functioning upon project completion. Any issues arising from the Client’s use of these services may require a one-time App Development fee.
Domain Names
Domains purchased by Lynox Digital on behalf of the Client are subject to annual renewal and invoiced accordingly. Reminder emails are sent at sixty and thirty days before expiration, with automatic renewal occurring ten days before expiration. Clients must inform Lynox Digital of their intent not to use a domain twenty days before it expires. Lynox Digital is not liable for domain-related losses, cancellations, or changes due to non-payment or late payment.
General Terms
These Terms and Conditions supersede any prior representations, understandings, or agreements. Client acceptance is indicated by signature or payment of an advance fee. Agreement to these terms is a prerequisite for making online payments.
Legal Jurisdiction
Regardless of the rules governing the choice of law, this Agreement shall be interpreted and enforced in accordance with the laws of the US, as applicable.