Our Terms & Conditions

Rosenberg & Associates

Mobile Appli­ca­tions for Busi­ness Service

1 Intro­duc­tion

1.1 The terms and con­di­tions (referred to in this doc­u­ment as “the terms and con­di­tions”) of Rosen­berg & Asso­ciates Ltd, Registered in Eng­land and Wales Num­ber: 07328408, gov­ern the use of the Ser­vice or Ser­vices (“Service”/”Services”) pro­vided by Rosen­berg & Asso­ciates Ltd (“we”/”us”/”our”), trad­ing as Tap­perati, Tapperati.com or Rosen­berg & Asso­ciates to pro­vide mobile appli­ca­tions (“Apps”) for busi­nesses now and in the future.

1.2 The Ser­vice is pro­vided to cus­tomers (“you”) for busi­ness use and you agree to make pay­ments accord­ing to the terms below.

1.2 By using any or all of our Ser­vices, you accept these terms and con­di­tions in full.

1.3 We reserve the right to update and change the terms and con­di­tions from time to time with­out notice. How­ever, we will endeav­our to pro­vide notice of any updates or changes.

1.4 Any new fea­tures that aug­ment or enhance the cur­rent Ser­vices, includ­ing the release of new tools and resources, are sub­ject to the terms and con­di­tions. Con­tin­ued use of our Ser­vices after any such change shall con­sti­tute your con­sent to such change.

1.5 We reserve the right to decline any order at our sole discretion.

1.6 You can review the most cur­rent ver­sion of the terms and con­di­tions at: http://www.rosenberg.co.uk/termsandconditions/


2 Con­di­tions of Use

2.1 You must be 18 years or older to use this Ser­vice. By using our Ser­vices and there­fore agree­ing to these terms and con­di­tions you war­rant and rep­re­sent that you are at least 18 years of age.

2.2 You must be a human. Accounts reg­is­tered by “bots” or other auto­mated meth­ods are not permitted.

2.3 You must pro­vide your full legal name, a valid and reg­is­tered busi­ness name, a valid email address, and any other infor­ma­tion requested in order to com­plete the signup and pay­ment processes.

2.4 You rep­re­sent and war­rant to us that you will use the Ser­vice only in the ordi­nary course of your busi­ness and not as a consumer.

2.5 You are respon­si­ble for main­tain­ing the secu­rity of your account and any asso­ci­ated pass­word. We can­not and will not be liable for any loss or dam­age from your fail­ure to com­ply with this secu­rity obligation.

2.6 You are respon­si­ble for all Con­tent posted and activ­ity that occurs under your account (even when Con­tent is posted by oth­ers who have access to your account).

2.7 You must not use the Ser­vice for any ille­gal or unau­tho­rised pur­pose. You must not, in the use of the Ser­vice, vio­late any laws in your juris­dic­tion (includ­ing, but not lim­ited to, copy­right laws).


3 Pro­vi­sion of the Services

3.1 Your use of the Ser­vice is at your sole risk. The ser­vice is pro­vided on an “as is” and “as avail­able” basis.

3.2 Tech­ni­cal sup­port is avail­able via email. The tech­ni­cal sup­port email address is 

3.3 You under­stand that we use third party ven­dors and host­ing part­ners to pro­vide the nec­es­sary hard­ware, soft­ware, net­work­ing, stor­age, and related tech­nol­ogy required to run the Service.

3.4 You must not mod­ify, adapt or hack the Ser­vice or mod­ify another web­site or app so as to falsely imply that it is asso­ci­ated with the Ser­vice, or any other of our Services.

3.5 You agree not to repro­duce, dupli­cate, copy, sell, resell or exploit any por­tion of the Ser­vice, use of the Ser­vice, or access to the Ser­vice with­out the express writ­ten per­mis­sion from us.

3.6 You under­stand that the tech­ni­cal pro­cess­ing and trans­mis­sion of the Ser­vice, includ­ing your Con­tent, may be trans­ferred unen­crypted and involve (a) trans­mis­sions over var­i­ous net­works; and (b) changes to con­form and adapt to tech­ni­cal require­ments of con­nect­ing net­works or devices.

3.7 You must not upload, post, host, or trans­mit unso­licited email, unso­licited SMSs, or “spam” messages.

3.8 You must not trans­mit any worms or viruses or any code of a destruc­tive or mali­cious nature.


4 Copy­right, User Gen­er­ated Con­tent and Con­tent Ownership

4.1 We claim no intel­lec­tual prop­erty rights over the con­tent you pro­vide to the Ser­vice. Your pro­file details and the con­tent you gen­er­ate (“User Gen­er­ated Con­tent”) and upload remains yours. How­ever, by using our Ser­vice to cre­ate your App, you agree to allow oth­ers to view and share your User Gen­er­ated Content.

4.2 You autho­rise us to use, reuse, and to grant oth­ers the right to use and reuse, your User Gen­er­ated Con­tent, and any repro­duc­tion or sim­u­la­tion thereof, in any form of media or tech­nol­ogy now known or here­after devel­oped, both dur­ing and after your use of the Ser­vices, for any pur­poses related to the Service.

4.3 We do not pre-screen User Gen­er­ated Con­tent, but we, and our designees, have the right (but not the oblig­a­tion) at our sole dis­cre­tion to refuse or remove any User Gen­er­ated Con­tent that is avail­able via the Ser­vice that we deter­mine is unlaw­ful, offen­sive, threat­en­ing, libelous, racist, defam­a­tory, porno­graphic, obscene or oth­er­wise objec­tion­able or vio­lates any party’s intel­lec­tual prop­erty or the Terms and Conditions.

4.4 Your User Gen­er­ated Con­tent must not be ille­gal or unlaw­ful, must not infringe any third party’s legal rights, and must not be capa­ble of giv­ing rise to legal action whether against you or us or a third party (in each case under any applic­a­ble law).

4.5 You must not sub­mit any User Gen­er­ated Con­tent to the Ser­vice that is or has ever been the sub­ject of any threat­ened or actual legal pro­ceed­ings or other sim­i­lar complaint.

4.6 We reserve the right to edit or remove any User Gen­er­ated Con­tent sub­mit­ted to the Ser­vice, or stored on our servers, hosted or pub­lished on our web­site or on an App that we have developed.

4.7 The look and feel of the Ser­vice, includ­ing but not lim­ited to web sites and Apps, is copy­right 2012 Rosen­berg & Asso­ciates Ltd or licensed by us or our sup­pli­ers. All rights reserved.

4.8 You may not dupli­cate, copy, or reuse any por­tion of the HTML/CSS or visual design ele­ments used in the pro­vi­sion of the Ser­vice, with­out express writ­ten per­mis­sion from us.


5 The App

5.1 You acknowl­edge that you are fully respon­si­ble for the use that you make of the App, and the results that you obtain from that use.

5.2 We will make all rea­son­able efforts to ensure that your App is avail­able as quickly as pos­si­ble and within an agreed time­frame, but we do not guar­an­tee its avail­abil­ity within any par­tic­u­lar time period.

5.3 You must pro­vide to us such infor­ma­tion and mate­ri­als as we may require to com­plete the set-up and build of your App within the agreed time­frame. If you fail to pro­vide this within a rea­son­able period, you must still make any and all agreed pay­ments due.

5.4 If and when we set-up and build an App for you, you must check that it meets your orig­i­nal spec­i­fi­ca­tion. If it does not, you must inform us in writ­ing, by e-mail to  within 7 days of our deliv­ery of the App to you. If you do not bring alter­ations to our atten­tion, then you will be deemed to have accepted the App as presented.

5.5 If and when we agree to build an App for you, you under­stand and acknowl­edge that we are grant­ing to you a non-exclusive, non-transferable and restricted licence to use the App.

5.6 We reserve the right to inter­rupt the avail­abil­ity and access to the App for the pur­pose of repair, upgrade or main­te­nance or to vary the tech­ni­cal spec­i­fi­ca­tion of the App for oper­a­tional reasons.

5.7 If we agree to trans­fer the host­ing and main­te­nance of your App to another ser­vice provider, for any rea­son, you acknowl­edge that the same level of func­tion­al­ity may not be achieved post-transfer.


6 Your Fur­ther Obligations

6.1 You will give us any assis­tance we require in pro­vid­ing the mobile appli­ca­tion to you.

6.2 You war­rant and under­take to us that you have all nec­es­sary legal rights in all infor­ma­tion, design, data, graph­ics, you use or pro­vide to us to use for inclu­sion on the App and that the User Gen­er­ated Con­tent does not infringe any third party’s intel­lec­tual prop­erty rights, rights of pri­vacy, pub­lic­ity or any other rights what­so­ever and is not obscene, libelous, defam­a­tory or in any other way unlawful.

6.3 You will be respon­si­ble for the accu­racy and com­plete­ness of the User Gen­er­ated Con­tent and for ensur­ing that it is use­able by us in the con­struc­tion of your mobile application.

6.4 You acknowl­edge that if we are unable to com­plete your App as a result of your fail­ure to com­ply with the pro­vi­sions set out above con­cern­ing Con­tent, monthly Pay­ments will remain due from you.

6.5 You will notify us by e-mail to  of any defects in the deliv­ery of the Ser­vice, and/or your App, within 24 hours of your becom­ing aware of it.

6.6 You will not amend, decom­pile, dis­as­sem­ble or reverse engi­neer any soft­ware cre­ated by us with­out our writ­ten consent.

6.7 You will keep back-ups of all your User Gen­er­ated Con­tent and your data, and you will be respon­si­ble for the restora­tion of any User Gen­er­ated Con­tent or data, which is lost, spoiled, or inaccessible.

6.8 You will pro­vide or con­firm to us your up-to-date con­tact and bank­ing details, from time to time, at our request, or if the con­tact and bank­ing details that you pro­vided to us change.

6.9 You will not trans­fer or assign this Agree­ment to some­one else, with­out our writ­ten consent.


7 Pay­ments and Refund Terms

7.1 You must have and use a busi­ness bank account to make payments.

7.2 The ini­tial set-up and App build fee should be paid by a direct credit or direct deposit. This fee is due for pay­ment before send­ing the app to appro­pri­ate third party app store owners.

7.3 The monthly main­te­nance fee should be paid by monthly stand­ing order or annu­ally in advance. If paid monthly, the first month’s stand­ing order pay­ment is due before the first day the app is ‘live’ and avail­able in third party app stores.

7.4 There will be no refunds or cred­its for ini­tial set-up and App build fees, par­tial months of ser­vice, upgrade/downgrade refunds, or refunds for months unused and paid in advance. In order to treat every­one equally, no excep­tions will be made.

7.5 If you are a part­ner­ship of two or more per­sons, you will be liable for pay­ments indi­vid­u­ally and collectively.

7.6 All fees are exclu­sive of all taxes, levies, or duties imposed by tax­ing author­i­ties, and you shall be respon­si­ble for pay­ment of all such taxes, levies, or duties, exclud­ing only United King­dom taxes.

7.7 We will use com­mer­cially rea­son­able efforts to have the app approved by the appro­pri­ate third party app store owner. Although there is a high like­li­hood of approval, we do not and can­not guar­an­tee acceptance.

7.8 If your appli­ca­tion is declined by the appro­pri­ate third party app store owner we will make rea­son­able and appro­pri­ate amend­ments to the app, agreed with you, in order to have the app approved by the third party app store owner. You may can­cel your account or the Ser­vice, how­ever there are no refunds under any circumstances.

7.9 We may vary your monthly pay­ments pro­vided we give you 3 months notice of such vari­a­tion, except in the cir­cum­stances where there are increases in main­tain­ing the infra­struc­ture upon which the pro­vi­sion of the app relies, such as increases in the cost of the IP net­work, where we will give you no less than one months notice of variation.

7.10 Each and every pay­ment must be made in full, on time and in Pounds Ster­ling, or as pre­vi­ously agreed in writ­ing. You must con­tinue to make the pay­ments even if there is any inter­rup­tion or any other dif­fi­culty with the App.

7.11 If pay­ments are not made on time, we have the right to sus­pend, with­draw or ter­mi­nate the Ser­vice with­out any prior notice to you.

7.12 If any direct cred­its or stand­ing orders (or other agreed pay­ment meth­ods) are rejected by your bank, whether on your instruc­tions or not, with­out noti­fi­ca­tion of can­ce­la­tion of the Ser­vice as described in Sec­tion 6 of the Terms and Con­di­tions, each rejec­tion will incur a £20 admin­is­tra­tive charge.

7.13 You will be respon­si­ble for any costs incurred by us in recov­er­ing monies you owe us which are over­due and we reserve the right to charge you inter­est at the rate of 1% per month above the Bank of Eng­land base rate, cal­cu­lated daily, based upon all such over­due amounts until the time of payment.

7.14 The right of set-off is strictly excluded.


8 Can­cel­la­tion and Termination

8.1 You are solely respon­si­ble for can­celling your account and can­celling any stand­ing orders or auto­mated pay­ment processes in place.

8.2 Account can­cel­la­tion requests must be sub­mit­ted in writ­ing to  Can­cel­la­tions by phone or sent to any other email address will not be con­sid­ered valid.

8.3 There is no min­i­mum term in respect of the pro­vi­sion of the mobile appli­ca­tion. You may can­cel your account at any time.

8.4 All of your Con­tent will be deleted from the Ser­vice upon can­cel­la­tion. This infor­ma­tion can­not be recov­ered once your account is cancelled.

8.5 If you can­cel the Ser­vice before the end of your cur­rent paid up month, your can­cel­la­tion will take effect imme­di­ately and you will not be charged again, pro­vid­ing you have can­celled any stand­ing orders or auto­mated pay­ment processes in place.

8.6 We, at our sole dis­cre­tion, have the right to sus­pend or ter­mi­nate your account and refuse any and all cur­rent or future use of the Ser­vice, or any other of our Ser­vices, for any rea­son at any time. Such ter­mi­na­tion of the Ser­vice will result in the deac­ti­va­tion or dele­tion of your Account or your access to your Account, and the for­fei­ture and relin­quish­ment of all User Gen­er­ated Con­tent and App data and designs in your Account.

8.7 We will ter­mi­nate your Account if you have a receiver appointed over any of your assets, become insol­vent or are, in our opin­ion, unable to pay your debts; or you cease to trade or your com­pany or part­ner­ship is dissolved.


9 100% First Month Sat­is­fac­tion Guar­an­tee Terms

9.1 If for what­ever rea­son you are unsat­is­fied with your App or Apps within the first month of ser­vice, we guar­an­tee to refund the fee for the first month of ser­vice with no ques­tions asked. We strive to ensure that you are sat­is­fied with our Ser­vice and back our Apps with a 100% first month sat­is­fac­tion guarantee.

9.2 This guar­an­tee does not apply to any months after a full month of ser­vice has passed and only applies to the ini­tial month of ser­vice with us and not to the build fee.


10 Mod­i­fi­ca­tions to the Ser­vice and Prices

10.1 We reserve the right at any time, and from time to time, to mod­ify or dis­con­tinue, tem­porar­ily or per­ma­nently, the Ser­vice (or any part thereof) with or with­out notice.

10.2 We shall not be liable to you or to any third party for any mod­i­fi­ca­tion, price change, sus­pen­sion or dis­con­tin­u­ance of the Service.

10.3 From time to time, we may issue an update to the Ser­vices, which may add, mod­ify, and/or remove fea­tures from the Ser­vices. These updates may be pushed out auto­mat­i­cally with lit­tle or no notice, although we will do every­thing in our power to notify you in advance of an upcom­ing update, includ­ing pro­vid­ing details on what the update includes.


11 Breaches and Vio­la­tions of these Terms and Conditions

11.1 With­out prej­u­dice to our other rights under these terms and con­di­tions, if you breach these terms and con­di­tions, we may take such action as we deem appro­pri­ate to deal with the breach, includ­ing imme­di­ately sus­pend­ing your access to the apps for busi­ness Ser­vice, pro­hibit­ing you from access­ing any asso­ci­ated web­sites, imme­di­ate ter­mi­na­tion of your Account, dele­tion of your con­tent on our servers, the removal of your apps from third party app stores and the ces­sa­tion of Ser­vices to you.

11.2 Whilst we retain the right, but not the oblig­a­tion, to refuse or remove any Con­tent that is avail­able via the Ser­vice that we deter­mine at our sole dis­cre­tion is unlaw­ful, offen­sive, threat­en­ing, libelous, racist, defam­a­tory, porno­graphic, obscene or oth­er­wise objec­tion­able or vio­lates any party’s intel­lec­tual prop­erty or the Terms and Con­di­tions, you under­stand and agree that we can­not be respon­si­ble for the Con­tent posted on the Service.

11.3 You agree to use the Ser­vice at your own risk.

11.4 Ver­bal, phys­i­cal, writ­ten or other abuse (includ­ing threats of abuse or ret­ri­bu­tion) of any of our cus­tomers, clients, employ­ees, mem­bers, agents, rep­re­sen­ta­tives or offi­cers will result in imme­di­ate account termination.

11.5 We do not war­rant that (i) the ser­vice will meet your spe­cific require­ments, (ii) the ser­vice will be unin­ter­rupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the ser­vice will be accu­rate or reli­able, (iv) the qual­ity of any prod­ucts, ser­vices, infor­ma­tion, or other mate­r­ial pur­chased or obtained by you through the ser­vice will meet your expec­ta­tions, and (v) any errors in the Ser­vice will be corrected.

11.6 You expressly under­stand and agree that we shall not be liable for any direct, indi­rect, inci­den­tal, spe­cial, con­se­quen­tial or exem­plary dam­ages, includ­ing but not lim­ited to, dam­ages for loss of prof­its, good­will, use, data or other intan­gi­ble losses (even if we have been advised of the pos­si­bil­ity of such dam­ages), result­ing from: (i) the use or the inabil­ity to use the ser­vice; (ii) the cost of pro­cure­ment of sub­sti­tute goods and ser­vices result­ing from any goods, data, infor­ma­tion or ser­vices pur­chased or obtained or mes­sages received or trans­ac­tions entered into through or from the ser­vice; (iii) unau­tho­rised access to or alter­ation of your trans­mis­sions or data; (iv) state­ments or con­duct of any third party on the ser­vice; (v) or any other mat­ter relat­ing to the service.

11.7 If we fail to exer­cise or enforce any right or pro­vi­sion of the Terms and Con­di­tions this shall not con­sti­tute a waiver of such right or provision.

11.8 In no event shall our lia­bil­ity to you exceed the amount actu­ally paid to us by you dur­ing the pre­ced­ing 12 months.


12 Lim­ited Warranties

12.1 We do not war­rant the com­plete­ness or accu­racy of the infor­ma­tion pub­lished on our web­sites or any other mar­ket­ing or pub­lic­ity mate­r­ial or con­tent relat­ing to the Service.

12.2 To the max­i­mum extent per­mit­ted by applic­a­ble law we exclude all rep­re­sen­ta­tions, war­ranties and con­di­tions relat­ing to this web­site and the use of the Ser­vice (includ­ing, with­out lim­i­ta­tion, any war­ranties implied by law of sat­is­fac­tory qual­ity, fit­ness for pur­pose and/or the use of rea­son­able care and skill).


13 Lim­i­ta­tions and Exclu­sions of Liability

13.1 Noth­ing in these terms and con­di­tions will exclude any of our or your lia­bil­i­ties that may not be excluded under applic­a­ble law.

13.2 The lim­i­ta­tions and exclu­sions of lia­bil­ity set out in this Sec­tion and else­where in these terms and con­di­tions: (a) are sub­ject to the pre­ced­ing para­graph; and (b) gov­ern all lia­bil­i­ties aris­ing under the terms and con­di­tions or in rela­tion to the sub­ject mat­ter of the terms and con­di­tions, includ­ing lia­bil­i­ties aris­ing in con­tract, in tort (includ­ing neg­li­gence) and for breach of statu­tory duty.

13.3 We will not be liable to you in respect of any losses aris­ing out of any event or events beyond our rea­son­able control.

13.4 We will not be liable to you in respect of any busi­ness losses, includ­ing (with­out lim­i­ta­tion) loss of or dam­age to prof­its, income, rev­enue, use, pro­duc­tion, antic­i­pated sav­ings, busi­ness, con­tracts, com­mer­cial oppor­tu­ni­ties or goodwill.

13.5 We will not be liable to you in respect of any loss or cor­rup­tion of any data, data­base or software.

13.6 We will not be liable to you in respect of any spe­cial, indi­rect or con­se­quen­tial loss or damage.


14 Indem­nity

14.1 You hereby indem­nify us, our offi­cers, part­ners and agents and under­take to keep us indem­ni­fied against any claims, losses, dam­ages, costs, lia­bil­i­ties and expenses (includ­ing with­out lim­i­ta­tion legal expenses and any amounts paid by us to a third party in set­tle­ment of a claim or dis­pute on the advice of our legal advis­ers) incurred or suf­fered by us aris­ing out of any breach by you of any pro­vi­sion of these terms and con­di­tions, or aris­ing out of any claim that you have breached any pro­vi­sion of these terms and con­di­tions, your use or mis­use of the app, or as a result of your infring­ing (inno­cently or know­ingly) third party rights.


15 Assign­ment

15.1 We may trans­fer, sub-contract or oth­er­wise deal with our rights and/or oblig­a­tions under these terms and con­di­tions with­out noti­fy­ing you or obtain­ing your consent.

15.2 You may not trans­fer, sub-contract or oth­er­wise deal with your rights and/or oblig­a­tions under these terms and conditions.


16 Sev­er­abil­ity

16.1 If a pro­vi­sion of these terms and con­di­tions is deter­mined by any court or other com­pe­tent author­ity to be unlaw­ful and/or unen­force­able, the other pro­vi­sions will con­tinue in effect. If any unlaw­ful and/or unen­force­able pro­vi­sion would be law­ful or enforce­able if part of it were deleted, that part will be deemed to be deleted, and the rest of the pro­vi­sion will con­tinue in effect.


17 Exclu­sion of Third Party Rights

17.1 These terms and con­di­tions are for the ben­e­fit of you and us, and are not intended to ben­e­fit any third party or be enforce­able by any third party. The exer­cise of our and your rights in rela­tion to these terms and con­di­tions is not sub­ject to the con­sent of any third party.


18 Entire Agreement

18.1 These terms and con­di­tions con­sti­tute the entire agree­ment between you and us in rela­tion to your use of our Ser­vices, and super­sede all pre­vi­ous agree­ments in respect of your use of our apps for busi­ness Service.


19 Gov­ern­ing Law and Jurisdiction

19.1 These terms and con­di­tions will be gov­erned by and con­strued in accor­dance with Eng­lish law, and any dis­putes relat­ing to these terms and con­di­tions will be sub­ject to the exclu­sive juris­dic­tion of the courts of Eng­land and Wales.