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WHEN DO I NEED TO PREPARE A MOBILE APPLICATION DEVELOPMENT AGREEMENT?
As A startup if you are developing a Mobile App then you must sign an Agreement to protect your interest.
What is MOBILE APPLICATION DEVELOPMENT AGREEMENT?
This Mobile Application Development Agreement (the “Agreement”) is entered into as of “……………………… (Date of Signing Agreement), effective as of “………………… (Date of implementation), (the “Effective Date”) by and between ……………. (Name of the Developer), (the “Developer”), and …………… (Name of the Hiring company), (the “Company”), and together with the Developer, the “Parties”).
RECITAL
WHEREAS, the Company is engaged in providing……………… (GivePrimary Business of the Company; and
WHEREAS, the Developer is engaged in the business of developing and designing mobile application solutions; and
WHEREAS, the Company wishes to engage the Developer as an independent contractor for the Company for the purpose of designing and developing the Company’s mobile ordering system (the “Application”) on the terms and conditions set forth below; and
WHEREAS, the Developer wishes to develop the Application and agrees to do so under the terms and conditions of this Agreement; and
WHEREAS, each Party is duly authorized and capable of entering into this Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows:
1. PURPOSE
The Company hereby appoints and engages the Developer, and the Developer hereby accepts this appointment, to perform the services described in Exhibit A attached hereto and made a part hereof, in connection with the design and development of the Application (collectively, the “Services”).
The total compensation for the development of the application shall be as set forth in Exhibit A hereto. These payments shall be made in installments according to the schedule set forth in Exhibit A hereto.
This Agreement shall become effective as of the Effective Date and, unless otherwise terminated in accordance with the provisions of Section 4 of this Agreement, will continue until the Services have been satisfactorily completed and the Developer has been paid in full for such Services (the “Term”) [or on the expiration of the Warranty Period as defined in subsection 9(a) of this Agreement.].
4. TERMINATION
The Developer agrees to provide continued support for the Application System for 90 days after the application is successfully approved. The Support Period shall refer to any bugs or issues relating to the features specified in Exhibit Aand not to create new functionality for the Application System. This support will be provided to the Company at no additional cost.
The Developer agrees, during the Term and thereafter, to hold in strictest confidence, and not to use, except for the benefit of the Company, or to disclose to any person, firm, or corporation without the prior written authorization of the Company, any Confidential Information of the Company. “Confidential Information” means any of the Company’s proprietary information, technical data, trade secrets, or know-how, including, but not limited to, business plans, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to the Developer by the Company either directly or indirectly.
8. PARTIES’ REPRESENTATIONS AND WARRANTIES
10. TIMING AND DELAYS
The Developer recognizes and agrees that failure to deliver the application in accordance with the delivery schedule detailed in Exhibit A to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and work on the Application System will work until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.
11. NATURE OF RELATIONSHIP
12. WORK FOR HIRE
13. NO CONFLICT OF INTEREST; OTHER ACTIVITIES
The Developer hereby warrants to the Company that, to the best of its knowledge, it is not currently obliged under any existing contract or other duty that conflicts with or is inconsistent with this Agreement. During the Term, the Developer is free to engage in other development activities; provided, however, the Developer shall not accept work, enter into contracts, or accept obligations inconsistent or incompatible with the Developer’s obligations or the scope of Services to be rendered for the Company pursuant to this Agreement.
14. RETURN OF PROPERTY
Within three (3) days of the termination of this Agreement, whether by expiration or otherwise, the Developer agrees to return to the Company all Company products, samples, models, or other property and all documents, retaining no copies or notes, relating to the Company’s business including, but not limited to, reports, abstracts, lists, correspondence, information, computer files, computer disks, and all other materials and all copies of such material obtained by the Developer during and in connection with its representation of the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the Company’s business, whether prepared by the Developer or otherwise coming into its possession, shall remain the Company’s exclusive property.
No amendment, change, or modification of this Agreement shall be valid unless in writing and signed by both Parties.
18. ASSIGNMENT
The Company may assign this Agreement freely, in whole or in part. The Developer may not, without the written consent of the Company, assign, subcontract, or delegate its obligations under this Agreement, except that the Developer may transfer the right to receive any amounts that may be payable to it for its Services under this Agreement, which transfer will be effective only after receipt by the Company of written notice of such assignment or transfer.
19. SUCCESSORS AND ASSIGNS
All references in this Agreement to the Parties shall be deemed to include, as applicable, a reference to their respective successors and assigns. The provisions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the Parties.
20. FORCE MAJEURE
A Party shall be not be considered in breach of or in default under this Agreement on account of, and shall not be liable to the other Party for, any delay or failure to perform its obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”); provided, however, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable:
21. NO IMPLIED WAIVER
The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
22. NOTICE
Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective Parties as follows:
If to the Company:
[Address]
If to the Developer:
23. GOVERNING LAW
This Agreement shall be governed by the laws of India. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.
24. COUNTERPARTS/ELECTRONIC SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or another electronic medium shall have the same force and effect as an original signature.
25. SEVERABILITY
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
This Agreement constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.
27. HEADINGS
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
A. PURPOSE OF APPLICATION SYSTEM
The purpose of the Application System is to create a platform for the Company to…………………………………………………………………………Insert Purpose of the mobile Application.
B. SERVICES
In exchange for the Design Fee, the Developer will produce an Application System, in accordance with the Schedule of features detailed below:
Insert Design Specifications of Stated Mobile Application
C. CONTENT
All content shall be provided to the Developer by the Company in the formats specified below:
D. SPECIFICATIONS.
The Parties hereby agree on the following specifications for the Application (collectively, the “Specifications”):
E. Platform Requirements.
The Application provided by the Developer to the Company shall be compatible with the following mobile devices: Insert Mobile Device(s); on the following operating systems: Insert Operating Systems.
F. COMPLETION SCHEDULE.
The schedule for completion of the Application (the “Schedule) and the responsibilities under the Agreement is detailed as follows:
Insert Development Schedule
G. FEES.
Additionally, a different payment plan can be implemented here.
H. PAYMENT SCHEDULE.
The Company agrees to pay to the Developers….. (10% of the estimated total expenses) as advance, Rs….. (30% of the estimated total cost upon completion Ratio of 40%), Rs…… (50% of the estimated total cost upon completion Ratio of 90%)and Rs…. (10% at the end of the Support Period) and on each payment the company will retain 5% of stated payment which will be paid at the end of support period as a security deposit.
By signing below, the Parties agree to comply with all of the requirements contained in this Exhibit A.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
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