A general agreement for software development, consulting, or similar services. This agreement assumes payment as a combination of hourly fee and revenue sharing (capped).
SOFTWARE SERVICES AGREEMENT
Effective Date (“Effective Date”), Developer (“Developer”) and Client (“Client”), agree (this “Agreement”) as follows:
1. Services and Payment. Developer agrees to undertake and complete the Services as defined in Exhibit A.
1.2 Payment must be made by check payable to Developer Payable, and presented in person or sent to Developer Address.
1.3 The first billing period (“Billing Period”) begins with the Effective Date and ends on the last day of the month. Subsequent Billing Periods begin on the first day of the month and end on the last day of the month for the duration of the working Agreement.
1.4 Invoices will be issued at the end of each Billing Period and due 15 days later (net 15 terms).
1.5 Payable shares of revenue are due 30 days (net 30 terms) after the close of the billing cycle for which revenue was earned. The Client will provide the Developer with regular reports on revenue earned for any periods in which revenue share is payable.
1.6 In the unlikely case that the services of a collection agency or lawyer are required to secure back payment, client must pay all associated fees.
2. Billable Time: All time spent performing Services and communicating with the Client is billable.
3. Ownership; Rights; Proprietary Information; Publicity. The Client retains all right, title and interest to content provided for the work.
3.1 The Developer grants the Client a non-expiring, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, display, sublicense and distribute (except where prohibited by law) the content and work completed during each Billing Period after the invoice for that Billing Period is paid to the Developer.
4. Warranty. Developer warrants that the Services will be performed in a professional and workmanlike manner and that none of such Services or any part of this Agreement is or will be inconsistent with any obligation Developer may have to others.
5. Termination. Either party may terminate the contract at any time through written request. The Client shall upon termination pay Developer all unpaid amounts due for Services completed prior to notice of termination.
6. Relationship of the Parties. Each party shall be and act as an independent contractor and not a partner, joint venturer, or agent of the other.
6a. Client is fully authorized and empowered to enter into this Agreement.
6b. Client representative Client Point of Contact is fully authorized and empowered to serve and shall serve as the point of contact for the Client to the Developer.
7. Late fees. Payments not received by the invoice due date will result in work cessation. Developer reserves the right to refuse completion or delivery of work and disable functionality of delivered work until past due balances and any and all late fees are paid. Monthly late charges of $10.00 or 1.75% (APR of 21%), whichever is greater, will be assessed on unpaid balances every 30 (thirty) days.
8. Notice. All notices under this Agreement shall be in writing.
9. Miscellaneous. No changes or modifications or waivers to this Agreement will be effective unless in writing and signed by both parties.
Services & Fees
The term will continue until the first of the following to occur: services are completed or the Agreement is terminated under Section 5.
Hourly fee of Rate
hours not to exceed 200 hours per monthly Billing Period
Revenue sharing at a rate of Percent for the first Maximum of revenue earned by the product of the Services provided, or any derivative work
Any fees incurred by the Developer on behalf of the Client
including, but not limited to: hosting, domain registration, 3rd-party software, etc.