Mobile App Development Contract

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PREPARED FOR 
[Company Name] 

  PREPARED BY
[Developer Name] 

Mobile App Development Contract

This Mobile App Development Contract (hereinafter referred to as "Contract") is made and entered into on [Contract Effective Date] (hereinafter referred to as the "Effective Date"), 
 
By and Between 
 
[Developer Name] (hereinafter referred to as the "Developer"), having its principal place of business at [Developer Address], and; 
 
[Company Name] (hereinafter referred to as the "Company"), having its principal place of business at [Company Address].
 
Both the Developer and the Company shall be collectively referred to as the "Parties" and individually as the "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 of 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:

TERMS AND CONDITIONS.	

1. DEVELOPER'S RESPONSIBILITIES.
 
The Developer agrees to take on the following responsibilities:

(a) Development of the mobile application, including all details that are included in this Contract.

(b) Test and make sure the mobile application is functioning properly.

(c) Support with the installation and maintenance of the mobile application, as well as the user guide and credentials, in order to initiate the application.

(d) Return any and all code, databases, software, models, and documents pertaining to this Contract to the Company within [Number of Days to Return Deliverables] day(s) upon completion or termination of the Project.

(e) Regular audits and reports on the progress of the Project.

2. COMPANY'S RESPONSIBILITIES.

The Company agrees to take the following responsibilities:

(a) Provide all the necessary information, resources, source codes, and initial payment that might be necessary for the Developer to initiate work.

(b) Address the Developer's queries without delay.

3. PAYMENT.

The Developer shall invoice the cost of the entire Project within [Invoice Due in Days] day(s) of completion of the Project. The payment shall not remain due to the Developer for more than [Payment Due in Days] day(s). The initial payment for essential resources, as agreed, is [Initial Payment in USD].

Service Description	Price
Discovery & Wireframing	$[Amount]
UI/UX Design	$[Amount]
Frontend Development	$[Amount]
Backend Development	$[Amount]
Testing & QA	$[Amount]
Deployment	$[Amount]
Total (Inclusive of all taxes): $[Total Amount]

4. TERM.

This Contract shall become effective as of the Effective Date and shall remain in effect until all services have been completed and approved by the Company. It will remain in effect for a period of [Contract Term] unless otherwise terminated earlier due to a breach of any of its terms.

5. INTELLECTUAL PROPERTY AND OWNERSHIP.
 
The Company has engaged the Developer as an independent contractor to develop the Project on the Company's behalf. The Company acknowledges that any and all texts, photos, trademarks, designs, or other artwork provided to the Developer are the Company's rightful property, and that the Developer has obtained the necessary permissions to use such materials as such.

The Company holds sole ownership of the finished project, including, but not limited to, all hardware, software, notes, code, documents, discoveries, inventions, methods, materials, ideas, and designs. By signing this contract, the Developer grants to the Company all rights, title, and interest, and the entire ownership of the Project.

The Developer has no rights to the finished product except those granted by the Company for testimonial, portfolio, or exhibit purposes. The Developer has no right to sell or use the finished product.

6. SUPPORT PERIOD.

The Developer agrees to provide constant vigilance and support for the mobile application for [Support Period in Months] month(s) after its approval. The support period should address any defects, bugs, or glitches affecting the features. The Developer shall not create any extra functionality for the application unless specified.

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 the Company’s prior written consent, the Developer may use the Company’s name in client presentations or 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:

(a) The Developer has duly provided the Company with all the services as mentioned in the Contract.

(b) Either Party breaches the Contract.

(c) There is a mutual understanding between the parties to terminate the Contract.

(d) Either Party elects to terminate the Contract for any reason by providing [Termination Notice Period in Days] day(s) prior written notice to the other Party.
 
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] arbitrator(s) who shall be appointed by [Arbitration Appointing Party Name]. The venue of arbitration shall be [Location of Arbitration], and the Seat shall be in [State of Seat]. The arbitrator(s)' decision shall be final and binding on both Parties.
 
11. 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.

12. ASSIGNMENT. 

The developer may not assign any rights or obligations or any of the 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 it considers necessary.

13. SEVERABILITY. 

In the event that 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 shall continue in full force and effect as valid and enforceable.

14. MODIFICATION. 

No modification of this Contract shall be made unless in writing and signed by both Parties.

15. GOVERNING LAW.

The Parties agree that this Contract shall be governed by the laws of [Governing Law]. In the event the Parties do business in different states, this Contract shall be governed by the laws of [Jurisdiction].

16. LEGAL AND BINDING CONTRACT. 

The Contract is considered legally binding and may be enforced in a court of law. The services shall be performed in a lawful and professional manner and shall not violate any applicable local or federal laws or regulations.

17. ENTIRE AGREEMENT. 

This Contract is all-inclusive, and no other contract, oral or written, exists between the two parties signing it. By signing this Contract, you agree to have fully understood this Contract, and you are legally competent and authorized to enter into it. You have signed this Contract on your ‘own free will’ and with no undue influence or misinterpretation of facts or clauses or by mistake.

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

[Company Name] 

[Developer Name] 

Name:  

Name:

Signature:

Signature: 

Date:

Date: 

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