Example Customer Agreement
Mobile Application Development Agreement
Entire Agreement Between Showcase Your Business Ltd and Aesthetics with Kayleigh
This agreement is between Showcase Your Business Ltd ("the Developer") and Aesthetics with Kayleigh ("the Company").
The Company has requested the development of an application meeting the standards contained within this agreement.
The Developer is engaged in the making of such applications and holds the tools needed to obtain the agreed results of this agreement.
Employment
The Company wishes to engage the Developer for services as an independent contractor for the sole purpose of designing the software contained within this mobile application development agreement.
The Developer is, for the sake of this mobile application development agreement, an independent contractor and under no condition shall be considered an employee of the Company.
Deliverables
The Company has appointed the Developer to perform the services relating to the development of this mobile application and designing it to the required standard to be accepted on the Google Play Store and Apple App Store.
The Developer agrees to keep the Company up to date to establish the current status of the project.
The Developer agrees to provide project files, user guides and application credentials to the Company upon completion of this mobile application development agreement.
Compensation
The Parties have agreed that the payments listed below are fair and just for the services being provided.
All payments shall be invoiced to the Company as per this schedule:
- £399 on signed agreement. This includes full development and upload of the app to both the Google Play Store and Apple App Store once the Company has set up the Apple Developer Account.
- The Company is responsible for setting up the Apple Developer Account and paying Apple directly for the annual cost, currently £79 per year. This account can hold up to 10 apps.
- £30.00 a month per app is payable on the 1st of each month.
- Cancellation requires 30 days notice.
Term
This mobile application development agreement shall become effective as of the agreement date and will continue until all services are completed and approved by the Company or termination is requested by either party.
Termination
This mobile application development agreement may be terminated by either party for the following reasons:
- In the instance of a material breach of any terms and conditions contained within this agreement.
- In the instance either party receives conviction of a crime or files for bankruptcy during the agreement terms.
Developer Responsibilities
The Developer shall create the mobile application inclusive of all details included in the mock-up the Company has already approved.
Future enhancements are included in the subscription. Any functionality updates will be notified in the customer portal and the Company may choose whether to add them.
The Developer shall test and ensure the application functions appropriately and reliably before final delivery to the Company.
The Developer will enable the development of this mobile application with the necessary time, energy and staffing needed to produce quality results.
Upon completion of the mobile application's development, the Developer shall assist the Company in installation and assist the Company in submitting the application to any app stores or repositories.
Company Responsibilities
The Company shall engage with the Developer on agreed dates to conduct check-in reports.
The Company shall provide all needed support and assistance as needed by the Developer for the completion of this mobile application development agreement.
The Company agrees to provide all necessary information and services needed by the Developer.
Support Period
The Developer agrees to provide the Company with continued support for the mobile application subject to payment of the monthly subscription above, which includes the £30 hosting and support fee. For the avoidance of doubt, this is not an extra £30 in addition to the subscription.
The support provided shall include repairs needed for bugs, glitches and issues related to the software.
This support shall be included in the monthly fee and may not be billed separately.
Confidentiality
The Developer agrees both during and for a period of 90 days from the completion or termination of this agreement to hold all materials at the highest level of confidence.
This includes, but is not limited to, technical data, trade secrets, know-how, software, designs, drawings, engineering, formulas or technology.
After this 90 day period all data will be deleted.
Warranties
Each party shall have full authority to perform all deliverables contained in this mobile application development agreement.
This agreement is legally binding and enforceable as such.
The services performed shall be done in a legally acceptable manner and shall not violate any local or federal laws and regulations.
All services included in this agreement shall be performed by the Developer and the Company shall not be responsible for any hiring, supervising or payment of any individuals assisting the Developer in this agreement.
The Developer shall remain responsible for any expenses incurred during the term of this agreement.
Return of Property
Within 3 days of the completion or termination of this mobile application development agreement, the Developer agrees to return any and all samples, products, software, models and documents relating to this agreement to the Company.
The app and all its contents belong to the Company from the start of development.
Any property given to the Developer for purposes of supporting this agreement by the Company shall remain the sole property of the Company and shall be returned as such.
The Developer warrants that the use of the mobile applications being developed will not infringe on any trademarks, copyrights, patents or other third party rights.
If the Developer becomes aware of the above taking place, the Developer will notify the Company and seek the needed permissions.
Company Content and Permissions
The Company acknowledges that any text, photos, trademarks, designs or other artwork given to the Developer is the Company's rightful property, and that the Company has the appropriate permissions to use such products.
Entire Agreement
This mobile application agreement constitutes the complete and final agreement between the Parties.
This agreement shall supersede any and all previously entered agreements, whether written or oral, between the Parties.
Agreement
The Parties acknowledge the receipt and understanding of this agreement in its entirety.
Signature
By completing this task, the Parties acknowledge and agree to the terms of this Agreement.
Customer signature
_________________________________
Date: _________________________________
Developer
Showcase Your Business Ltd