Terms dan Conditions

Effective Date: January 01, 2025
Last Updated: July 24, 2025

 

1. Introduction and Acceptance

Welcome to MNBApps. These Terms and Conditions (“Terms”) govern your use of our services and form a legally binding agreement between you (“Client,” “you,” or “your”) and MNBApps (“Company,” “we,” “us,” or “our”).

By engaging our services, submitting a project request, or executing a service agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Services Description

MNBApps provides the following professional services:

  • Fullstack Development: Custom web application development using modern frameworks and technologies
  • Mobile App Development: Native and cross-platform mobile application development for iOS and Android
  • E-commerce Solutions: Custom e-commerce websites and online store development
  • Shopify/BigCommerce Development: Custom app development, theme customization, and store optimization
  • Conversion Rate Optimization (CRO) Audits: Analysis and recommendations to improve website conversion rates
  • SEO Optimization: Search engine optimization services to improve online visibility

All services are provided subject to the specific terms outlined in individual project agreements or statements of work and our Service Restrictions outlined in Section 2.2.

2.2 Service Restrictions and Prohibited Business Types

MNBApps reserves the right to decline services for businesses or projects that conflict with our ethical standards and values. We do not provide services for:

Prohibited Industries:

  • Gambling, betting, casino operations, or any games of chance for monetary gain
  • Lending, payday loans, high-interest financial services, or predatory lending practices
  • Adult entertainment, pornography, or sexually explicit content
  • Alcohol production, distribution, or retail sales
  • Tobacco or vaping products and services
  • Any business activities that are not halal-compliant 

Prohibited Activities:

  • Projects involving deceptive marketing practices or fraud
  • Applications designed to exploit vulnerable populations
  • Services that violate applicable laws or regulations
  • Content that promotes violence, discrimination, or illegal activities
  • Cryptocurrency or trading platforms involving excessive speculation or gambling-like features

Right to Refuse Service:

  • We reserve the absolute right to decline any project that conflicts with our values
  • If we discover during a project that a client’s business involves prohibited activities, we may terminate the engagement immediately
  • No refunds will be provided for projects terminated due to undisclosed prohibited business activities

Due Diligence:

  • We may request additional information about your business model and revenue streams
  • Clients must disclose all aspects of their business that may be relevant to these restrictions
  • Misrepresentation of business activities may result in immediate contract termination

3. Client Responsibilities

3.1 Information and Materials

You agree to:

  • Provide accurate, complete, and timely information required for project completion
  • Supply all necessary content, images, logos, and materials in appropriate formats
  • Respond to requests for feedback, approvals, and decisions within agreed timeframes
  • Ensure you have legal rights to all materials provided to us
  • Truthfully represent your business model, revenue streams, and all business activities
  • Immediately disclose any changes to your business that may involve prohibited activities as outlined in Section 2.2

3.2 Access and Cooperation

You will:

  • Provide necessary access to existing systems, platforms, and accounts
  • Designate authorized representatives for project decisions and approvals
  • Participate in scheduled meetings and reviews as outlined in project agreements
  • Ensure availability of key stakeholders during critical project phases

3.3 Third-Party Services

You are responsible for:

  • Obtaining and maintaining necessary third-party licenses, accounts, and subscriptions
  • Compliance with third-party platform terms of service
  • Costs associated with third-party services, hosting, and ongoing maintenance

4. Payment Terms

4.1 Pricing and Invoicing

  • All prices are quoted in USD unless otherwise specified
  • Invoices will be sent according to the payment schedule outlined in your project agreement
  • Late payments may incur a fee of 1.5% per month or the maximum rate permitted by law

4.2 Payment Methods

We accept payment via:

  • Bank transfer (ACH/Wire)
  • Credit card payments
  • Other methods as mutually agreed upon

4.3 Refunds

  • Payments for completed work phases are non-refundable
  • Refunds for incomplete work will be calculated based on work completed and resources allocated
  • No refunds will be issued for third-party services or licenses purchased on your behalf

5. Intellectual Property Rights

5.1 Client-Owned IP

Upon full payment, you will own:

  • Custom code developed specifically for your project
  • Original content, designs, and materials created exclusively for you
  • Rights to use your final delivered applications and websites

5.2 MNBApps-Retained IP

We retain ownership of:

  • Our proprietary methodologies, processes, and frameworks
  • Reusable code libraries, templates, and tools
  • General knowledge and experience gained during your project

5.3 Third-Party IP

  • Third-party frameworks, libraries, and tools remain subject to their respective licenses
  • You are responsible for ongoing compliance with third-party licensing terms
  • We will identify major third-party components and their license requirements

5.4 Portfolio Rights

We reserve the right to:

  • Include your project in our portfolio and case studies
  • Reference our work for your company in marketing materials
  • Use anonymized project details for business development purposes

6. Confidentiality

6.1 Mutual Confidentiality

Both parties agree to:

  • Maintain confidentiality of proprietary information shared during the engagement
  • Use confidential information solely for project-related purposes
  • Implement reasonable measures to protect confidential information

6.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available or becomes public through no breach of these Terms
  • Was known prior to disclosure
  • Is independently developed without use of confidential information
  • Must be disclosed by law or court order

7. Project Timeline and Deliverables

7.1 Timeline Estimates

  • All timelines are estimates based on available information and standard project assumptions
  • Timelines may be adjusted due to scope changes, delayed client feedback, or unforeseen circumstances
  • We will communicate timeline changes promptly and work to minimize delays

7.2 Scope Changes

  • Changes to project scope may result in adjusted timelines and additional costs
  • All scope changes must be documented and approved in writing
  • Additional work outside the original scope will be billed according to our standard rates

7.3 Client Delays

Timeline adjustments due to client delays include:

  • Late provision of required materials or feedback
  • Unavailability of authorized decision-makers
  • Changes in requirements or priorities
  • Technical issues with client systems or third-party services

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our services will:

  • Be performed with professional skill and care
  • Conform to industry standards and best practices
  • Meet the specifications outlined in your project agreement

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant:

  • Uninterrupted or error-free operation of delivered solutions
  • Compatibility with future platform updates or changes
  • Specific performance metrics or business outcomes
  • Security against all possible threats or vulnerabilities

9. Limitation of Liability

9.1 Liability Limits

IN NO EVENT SHALL MNBAPPS BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
  • DAMAGES RESULTING FROM THIRD-PARTY ACTIONS OR PLATFORM CHANGES
  • TOTAL DAMAGES EXCEEDING THE AMOUNT PAID FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM

9.2 Client Indemnification

You agree to indemnify and hold MNBApps harmless from claims arising from:

  • Your use of delivered applications or websites
  • Content, materials, or information you provide
  • Violation of third-party rights or applicable laws
  • Unauthorized modifications to our delivered work
  • Your involvement in any prohibited business activities as defined in Section 2.2
  • Any misrepresentation of your business model or activities

10. Termination

10.1 Termination for Cause

Either party may terminate immediately if the other party:

  • Materially breaches these Terms and fails to cure within 30 days of written notice
  • Becomes insolvent or files for bankruptcy
  • Engages in illegal or unethical conduct
  • Client is discovered to be involved in prohibited business activities as outlined in Section 2.2
  • Client misrepresents their business model or fails to disclose prohibited activities

10.2 Termination for Convenience

Either party may terminate with 30 days written notice. Upon termination:

  • Payment is due for all work completed
  • We will deliver completed work phases
  • Each party will return confidential information

10.3 Effect of Termination

  • These Terms survive termination regarding intellectual property, confidentiality, and liability
  • You may continue using delivered work according to the intellectual property provisions
  • Outstanding invoices remain due and payable

11. Dispute Resolution

11.1 Negotiation

The parties agree to attempt resolution of disputes through good faith negotiation for 30 days before pursuing other remedies.

11.2 Mediation

If negotiation fails, disputes will be submitted to binding mediation through a mutually agreed mediator or mediation service.

11.3 Governing Law

These Terms are governed by the laws of [Insert State/Country], without regard to conflict of law principles. Any legal proceedings will be conducted in the courts of [Insert Jurisdiction].

12. General Provisions

12.1 Force Majeure

Neither party will be liable for delays or failures due to circumstances beyond their reasonable control, including natural disasters, government actions, pandemics, or third-party service outages.

12.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

12.3 Entire Agreement

These Terms, together with any executed project agreements, constitute the entire agreement between the parties and supersede all prior communications and agreements.

12.4 Amendment

These Terms may only be modified by written agreement signed by both parties or by posting updated Terms on our website with 30 days notice.

12.5 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights with notice to you.

13. Data Protection and Privacy

13.1 Data Handling

We will handle personal data in accordance with our Privacy Policy and applicable data protection laws, including GDPR, CCPA, and other relevant regulations.

13.2 Security Measures

We implement reasonable technical and organizational measures to protect data, but cannot guarantee absolute security against all threats.

13.3 Data Retention

We will retain project-related data only as long as necessary for business purposes or as required by law.

14. Support and Maintenance

14.1 Warranty Period

We provide bug fixes for critical issues at no charge for 30 days following project delivery.

14.2 Ongoing Support

Post-launch support, maintenance, and updates are available under separate agreements at our standard rates.

14.3 Platform Changes

We are not responsible for issues arising from third-party platform updates, policy changes, or discontinuation of services.

15. Contact Information

For questions about these Terms, please contact us:

MNBApps
Email: support@mnbapps.com
Address: Cirebon, West Java, Indonesia

Important Legal Notice: These Terms and Conditions are provided as a framework and should be reviewed by qualified legal counsel before implementation. Laws vary by jurisdiction, and specific business circumstances may require additional or modified provisions. MNBApps recommends consulting with an attorney to ensure these Terms adequately protect your business interests and comply with applicable laws.

Last Updated: July 24, 2025