Terms and Conditions
Branded / Corporate App Development Terms and Conditions
The branded corporate app will require up tp 8 weeks to be customized, tested, uploaded to the Google App and Apple Play stores, and approved by the stores. Some apps may require longer to be approved by the Apple App store, depending on the industry, name, and whether any copyright issues arise regarding your app name.
Monthly App maintenance fee applies following the initial 12 months. An early payment discount of 20% applies for advance annual payment.
Full payment is required 14 days prior to the project start date.
You must create your own Google Cloud Services account for the use of Google Maps API to integrate with your OctopusPro account.
This quotation remains valid for 30 days from the date above, unless a signed contract, purchase order or otherwise binding document is agreed by both parties.
The resources required for building your branded App must be provided by you with your order and must include the following:
Your brand colors, text font style and color.
App logo & icons (512 x 512 & 1024 x 1024), your company logo and basic animation for App branding to be provided to OctopusPro in high quality resolution as specified.
App loading logo animation or gif image (600w x 1024h) file size max 1MB - Optional.
Splash screen video or gif image (600w x 1024h) file size max 1MB.
6 Screenshots for Google Play Store and Apple App Store (Min length for any side: 320px max length for any side: 3840px. Examples can be found at Zenin, an OctopusPro app available in the Google Play and Apple App stores.
Feature images for Google Play Store (1025w x 500h).
Short marketing descriptions for Google Play Store and Apple App Store (max 80 characters), important for ranking and marketing.
Long descriptions for Google Play Store and Apple App Store (max 4000 characters), important for ranking marketing.
Provision of services is subject to your acceptance of our standard terms & conditions.
These terms and conditions are applicable to all App development projects that are undertaken by OctopusPro Pty Ltd (“The Supplier“).
A brief overview of these terms and conditions is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
Charges for services to be provided by OctopusPro are defined in the project proposal that the Client receives via email. Proposal quotations are valid for a period of 30 days unless alternate time-scales have been agreed beforehand with the Client. OctopusPro reserves the right to alter or decline to provide a quotation after expiry of the valid timescale. Payment for services must be made by credit card or bank transfer.
3) Client Review.
OctopusPro will provide the Client with an opportunity to review the appearance and content of the App during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies OctopusPro otherwise within twenty days of the date the materials are made available to the Client.
4) Project Schedule and Content Control.
In the majority of projects, OctopusPro will supply the Client’s App by the date specified in the project proposal. If no such date is specified, the time-scale shall be within eight weeks of the date of initial payment is received, unless a delay is specifically requested or made due to a change in the project scope by the Client and agreed by OctopusPro. An alternate time-scale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid OctopusPro with completing the project in a satisfactory and expedient manner.
During the project, OctopusPro will require the Client to provide copy and images. If content is not provided within two weeks of an official request by email then OctopusPro shall not be held liable to delays in the delivery of the project.
An invoice will be issued at the start of the project to cover the initial setup charge. Ongoing App maintenance fees will be automatically charged to your credit card on file after the initial 12 months has passed.
6) Payment of Fees
You shall pay all fees or charges to your account in accordance with the setup and ongoing fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The amount payable will be equal to the setup and ongoing charges related to your plan, plus any excess number of total “users” requested times the per users fee currently in effect. Payments may be made, in advance, monthly, or as otherwise mutually agreed upon. You are responsible for paying for all “users” ordered for the entire agreed Term, whether or not such “users” are actively used. You must provide OctopusPro with valid credit card or approved purchase order information as a condition to signing up for the Service. OctopusPro reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by email. Any and all fees paid in advance are not refundable if you cease to use the Service. All invoices shall be paid and cleared at our bank within (7) seven days of receipt.
Non-Payment. OctopusPro reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent. Delinquent invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for your licenses during any period of suspension. If you or OctopusPro initiate termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that OctopusPro may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees
Termination of the project by the Client must be requested in writing or email and will be effective upon receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing or email.
The Client will be invoiced for design and development work completed to the date of first notice of cancellation for payment in full within fourteen days.
Any deposit paid prior to project commencement will be forfeited if the project is cancelled by the client, even if no deliverable work has been completed.
8) Legal Restrictions.
This agreement is also bound by the OctopusPro Non Disclosure Agreement and Client Apps Hosted and Supported the OctopusPro Services Terms and Conditions.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants OctopusPro the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting OctopusPro permission and rights for use of the same and agrees to indemnify and hold harmless OctopusPro from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for App design and/or development shall be regarded as a guarantee by the Client to OctopusPro that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
You agree that the OctopusPro Services and OctopusPro Products, graphics, user interface, editorial content, and the scripts and software used to implement the OctopusPro Services and OctopusPro Products are all owned by OctopusPro, and is protected by applicable intellectual property and other laws, including, but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the OctopusPro Services and OctopusPro Products in compliance with this Agreement.
10) Code Ownership.
All OctopusPro App source code, intermediate files, packages, the accompanying printed materials, and any OctopusPro App versions are owned by OctopusPro. The OctopusPro App is protected by copyright laws and international treaty provisions.
11) Media Delivery Requirements.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via email) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpg or .png format.
12) Access Requirements.
If the Client’s App is to be published on a third-party development account, OctopusPro must be granted temporary access the account to prepare App submission. If the Client’s App is to interact with a third-party remote server the Client shall provide full access details to storage and content directories. Depending on the specific nature of the project, other resources might also need to be configured on the server.
13) Post Project Alterations.
OctopusPro cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s App once installed. Such alterations include, but are not limited to additions, modifications or deletions. OctopusPro may require a one-off App Development charge before resolving any issues that may arise.
14) Third Party Services.
OctopusPro may require the usage of third party services – for example, Google Maps API – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. OctopusPro cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s App and may require a one-off App Development charge before resolving any problems that may arise.
These Terms & Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms & Conditions. Payment online is an acceptance of our terms and conditions.
OctopusPro reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. OctopusPro may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
17) Governing Law.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of Australia, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in Australia.
We do not issue refunds for our products once the order is confirmed and the product is delivered to the client which is received / downloaded / set-up.
We recommend contacting us for assistance immediately if you experience any issues with our products.
If any of the features are not functioning as described in the website / software features list it should be reported to our technical team for rectification of the same at no charge.