Terms & Conditions

Terms governing the use of our services

Last updated: September 7, 2024

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and FAT CO KENDAL LTD ("Company," "we," "us," or "our") regarding your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

2. Company Information

Company Name: FAT CO KENDAL LTD

Registration Number: 15873882

Registered Address: East Lodge Kartway House, Lugwardine, Hereford, United Kingdom, HR1 4AE

Email: [email protected]

3. Services

We provide mobile application development services including but not limited to:

  • iOS application development
  • Android application development
  • Cross-platform application development
  • UI/UX design services
  • Mobile app consulting
  • Application maintenance and support

4. Service Agreement

4.1 Project Scope

All services will be provided according to a separate written agreement or statement of work that will detail the specific scope, timeline, and cost of the project.

4.2 Client Responsibilities

The client agrees to:

  • Provide timely feedback and approvals
  • Supply necessary content, assets, and information
  • Make payments according to agreed terms
  • Cooperate in the development process
4.3 Timeline and Delivery

Project timelines are estimates and may vary based on project complexity, client feedback, and other factors. We will make reasonable efforts to meet agreed deadlines.

5. Payment Terms

5.1 Fees and Payment
  • All fees will be specified in the project agreement
  • Payment terms are typically 50% upfront and 50% upon completion
  • Additional work outside the agreed scope will be charged separately
  • All payments are due within 30 days of invoice date
5.2 Late Payments

Late payments may incur interest charges of 1.5% per month. We reserve the right to suspend work on overdue accounts.

6. Intellectual Property

6.1 Client Content

You retain ownership of all content, trademarks, and other intellectual property you provide to us.

6.2 Developed Applications

Upon full payment, you will own the final application. However, we retain the right to:

  • Use general methodologies and know-how gained during development
  • Display the work in our portfolio (with your permission)
  • Utilize any pre-existing code or frameworks we own

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards. We will correct any material defects in our work at no additional charge.

7.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

9. Confidentiality

We agree to maintain the confidentiality of any proprietary or confidential information you provide to us during the course of our engagement. This obligation shall survive termination of our agreement.

10. Termination

10.1 Termination by Either Party

Either party may terminate the service agreement with 30 days written notice. You will be responsible for payment of all work completed up to the termination date.

10.2 Immediate Termination

We may terminate immediately if you breach these terms or fail to make required payments.

11. Website Use

11.1 Permitted Use

You may use our website for lawful purposes only. You agree not to:

  • Violate any applicable laws or regulations
  • Transmit harmful or malicious code
  • Attempt to gain unauthorized access to our systems
  • Use automated systems to access our website without permission

12. Privacy

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your information.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.

14. Force Majeure

We shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with any applicable service agreement, constitute the entire agreement between you and us regarding our services.

17. Modifications

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services constitutes acceptance of the modified Terms.

18. Contact Information

If you have any questions about these Terms, please contact us:

FAT CO KENDAL LTD

East Lodge Kartway House, Lugwardine

Hereford, United Kingdom, HR1 4AE

Email: [email protected]

Company Registration: 15873882

These Terms are governed by English law and subject to English jurisdiction.