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Mobile App Development Contract

Prepared for
[Developer Name]

Prepared by
[Company Name]

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Mobile App Development Contract

This Mobile App Development Contract (hereinafter referred to as "Contract") is made and entered on [Effective Date] (hereinafter referred to as "Effective Date")

By and Between

[Developer Name] (hereinafter referred to as "Developer"), having its principal place of business at [Address], and;

[Company Name] (hereinafter referred to as "Company"), having its principal place of business at [Address].

Both the Developer and the Company shall be collectively referred to as "Parties" and individually as "Party". 

WHEREAS the Developer agrees to engage with the Company to design and develop a mobile application as per the Company's requirements (hereinafter referred to as the "Project"). 

WHEREAS the Company wishes to avail the services from the Developer as an independent contractor for the sole purpose of designing the mobile application contained within this Contract.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein the Parties hereby agree as follows:

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Terms and Conditions

1. Developer's Responsibilities

The Developer agrees to take the following responsibilities:

Development of the mobile application inclusive of all details that are included in this Contract.
Test and make sure the mobile application is functioning properly.
Support with the installation and maintenance of the mobile application, and also help with the user guide and credentials in order to initiate the application.
Return any and all code, databases,  software, models, and documents pertaining to this Contract to the Company within [number of days] days upon completion or termination of the Project.
Regular audits and reports on the progress of the Project.

2. Company's Responsibilities 

The Company agrees to take the following responsibilities:

Provide all the necessary information, resources, source codes, and initial payment that might be necessary for the Developer to initiate work.
Address the queries of the Developer without delay.

3. Payment

The cost of the entire Project shall be invoiced by the Developer within [Time Period] of completion of the Project. The payment shall not remain due to the Developer for more than [Time Period]. The initial payment to be made for essential resources as agreed upon is $[Amount].

Description	Rate	Quantity	Price
[Service 1]	$[0.00]	0	$[0.00]
[Service 2]	$[0.00]	0	$[0.00]
[Support Period]	$[0.00]	0	$[0.00]
Total (Inclusive of all taxes)			$[0.00]

4. Term

This Contract shall become effective as of the Effective Date and will continue until all services are completed and approved by the Company. The Contract shall remain in effect for a period of [Time Period] unless otherwise terminated before the completion of the term due to the breach of any of the terms of the Contract.

5. Intellectual Property and Ownership

The Company has engaged the Developer as an independent contractor to develop the Project for the Company. The Company acknowledges any and all text, photos, trademarks, designs, or other artwork given to the Developer is the Company's rightful property, and the Developer has the appropriate permissions to use those products as such.

The Company holds the sole ownership of the finished project, including, but without limitation, all hardware, software, notes, code, documents, discoveries, inventions, methods, materials, ideas, and designs. By signing this contract, the Developer gives the Company all the rights of the Project, titles, and interests and the entire ownership of the Project. 

The Developer has no right over the finished product except for those which are granted by the Company for any testimonial, portfolio, and exhibit purposes. The Developer has no right to sell or usage over the finished product.

6. Support Period

The Developer agrees to provide constant vigilance and support for the mobile application for [Time Period] after its approval. The support period should address any sort of bugs, glitches, defects, or changes which pertain to the features. The Developer shall not create any extra functionality for the application unless specified. The cost of the support period is included in the entire cost of the Project.

7. Confidentiality

In any event, either during or subsequent to the period mentioned in the Contract, the Developer and the Company will hold in the strictest confidence and will not use or disclose to any third party any information shared with each other. 

In the event that the Developer obtains Company’s prior written consent, the Developer may use the Company’s name in client presentations or in a written response to requests for client lists as part of requests for proposals or requests for information.

8. Termination

This Contract shall be terminated when:

The Developer has duly provided the Company with all the services as mentioned in the Contract.
Either Party breaches the Contract.
There is a mutual understanding to end the Contract by the Parties involved.

9. Indemnification

The Parties agree to indemnify and hold harmless the other Party, its respective affiliates, employees, and permitted successors and assigns against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence of or breach of this Contract by the indemnifying party, its respective affiliate or successors and any assign that occurs in connection with this Contract. This section remains in full force and effect even after the termination of the Contract.

10. Arbitration

In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] Arbitrators which shall be appointed by [Party Name]. The venue of Arbitration shall be [Venue/Location of Arbitration] and Seat shall be of [State]. The Arbitrators' decision shall be final and will be binding on both the Parties.

11. Miscellaneous

Force Majeure: Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that party's reasonable control (including and not limited to a pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
Assignment: Developer may not assign any rights or obligations or assign any of its terms of this Contract without the prior written consent of the other party, except where otherwise stated. However, the Company reserves the right to assign this Contract as they consider necessary.
Severability: In the event, any provision of this Contract is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Contract and all other provisions should continue in full force and effect as valid and enforceable.
Modification: No modification of this Contract shall be made unless in writing, signed by both Parties.
Governing Law: The Parties agree that this Contract shall be governed by the laws of [State]. In the event the Parties do business in different states, this Contract shall be governed by the laws of [State].
Legal and Binding Contract: The Contract is considered legally binding and may be enforced in the court of law. The services performed will be done in a legally and professionally fair manner and as such shall not violate any local or federal laws and regulations.
Entire Agreement: This Contract is all-inclusive and no other contract, oral or written exists between the two parties signing this Contract. By signing this Contract, you agree to have fully understood this Contract, you are legally competent and authorized to enter this Contract and you have signed this Contract on your ‘own free will’ and no undue influence or misinterpretation of facts or clauses or by mistake.

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Acceptance and Signature

The Parties hereby approve the services and rates listed above and agree to respect and uphold full terms of this Contract.

[Company Name]

[Developer Name]

Signature

Assign signer 1

Name

Assign signer 1

Date

Assign signer 1

Signature

Assign signer 2

Name

Assign signer 2

Date

Assign signer 2

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