Mobile App Development Agreement

This is an agreement for providing mobile app development services.

Date: [date]

Between us [company name] and you [customer name]

Summary:

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong.

So in short;

You ([customer name]), located at [customer address] are hiring us ([company name]) located at [company address] to [develop a mobile app] for the estimated total price of [total] as outlined in our previous correspondence.

What do both parties agree to do?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

The work

Design

Our services are available as either a full, end to end design and development process, where we design and build your app, or on a development-only basis, where you provide full designs for us to implement.

If you ask us to design your app, before launching into full colour designs, we will work with you to understand the exact requirements of the proposed app. We'll typically produce low-fidelity 'wireframes', which will outline the general structure of the app, and how the different parts of the app work together. Once this is agreed, we'll continue to produce full colour layouts, incorporating any branding as necessary. To save time, we may only produce full colour designs for a few key screens, which will cover the various different UI components that we will use.

If you are providing your own designs, we ask that every screen in the app is represented by a wireframe or a full-colour design. We will take care of translating the design assets the you provide into a mobile app. When providing your own designs, note that we may suggest changes or tweaks to the design, based on our past experiences in building apps. We may also suggest changes where a particular design could take a significant amount of engineering effort to build.

Development

We'll create a native mobile application for the iOS and/or Android Operating System, as described separately.

Throughout the development phase, you'll have the opportunity to regularly review our work, via an evolving pre-release version of the app. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

Text content

We’re not responsible for writing any text copy. You agree to provide any text copy in a format that can be copied directly into the app. If we need to transcribe any text content (for example, if it is embedded in an image), or if you’d like us to write new content or input text for you, we can provide a separate estimate for that.

Media

You should supply graphic files in an editable, vector digital format. You should supply photographs, audio and videos in a high resolution digital format. If you choose to buy stock photographs or videos, we can suggest stock libraries. If you’d like us to search for photographs, audio or videos for you, we can provide a separate estimate for that.

OS support

Unless otherwise agreed, we will target the iPhone and the three most popular Android smartphones at the time of development, and build apps that operate in portrait mode only. If you need to support other devices such as tablets, or need support for landscape mode, we can provide a separate estimate for that.

Our apps are built to run on the following OS versions:

  • iOS 10 & 11
  • Android 5-8

The app may also work on other versions of the iOS and Android Operating Systems, but we won't test on other versions. We also cannot guarantee that the app will function correctly in future versions of the Operating System, but if a defect is found in the future, we can provide a separate estimate for fixing the defect.

Delivery and Hosting

When the app is ready for release, we will prepare the app for submission to the relevant app stores. If you ask us to do so, we can also submit the app on your behalf.

You agree to provide and manage the credentials, provisioning profiles and any other security details in order to compile the application and deploy it to the respective app store. We can help and advise on this matter if required.

You agree to provide and manage all hosting for the application, including any cloud-based service providers such as email and data storage. I will be happy to provide advice regarding the choosing and setup of any hosting providers, if required.

You will own and manage any domain names required for the project, and you are responsible for keeping them registered.

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the amount of time that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that additional time.

Acceptance

You agree that the app will be deemed to be accepted on whichever is the earliest of:

  • You giving us written notice of acceptance of the app
  • The app being submitted to an App Store
  • Use of the app by you in the normal course of your business

Once the app has been accepted, you agree to pay all outstanding fees for the app, and the warranty period will begin.

Post Release

Warranty

We'll work hard to build an app to your satisfaction, but we do not guarantee the app will be error-free.

In legal terms, the app will be provided to you "as-is, where is, with all faults." To the maximum extent permitted by law, we disclaim any and all warranties of any kind, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose with regard to the app, any delays in creating the app, and/or any app support services we provide to you under this contract. Our total liability for any damages to you, your users, or any other third-party resulting from the app or our support services will be limited to the amount you paid us under this contract, and in no event will we be liable to you, your users or any other third-party for incidental or consequential damages of any nature whatsoever.

For a period of 90 calendar days after the app has been accepted, we will endeavour to fix any issues that arise from normal usage of the app without you incurring any further charges.

If, after the 90 day warranty period has expired, a defect is found in the app, we can provide a separate estimate for fixing the defect.

User support

We of course will continue to support you by developing and improving your app for as long as you retain our services, but we will not provide support to your app's users.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the app we build for you plus the visual elements that we create for it, if applicable. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, media and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete app and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work

We reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. With this in mind, you agree to stick tight to the payment schedule that has been agreed separately.

We issue invoices electronically. Our payment terms are 10 days from the date of invoice by BACS or the SWIFT international payments system. All proposals are quoted in Pound Sterling and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 2% per month or part of a month.

Legal Bits

Neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract will become effective as of the date all parties have signed it, and will stay in place and need not be renewed. Either of us can end this contract at any time by notifying the other by email. Within 5 days of any termination, you agree to pay any amounts owing for our services through the date of termination. All terms of this contract that would reasonably be expected to survive its termination will do so. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.

The dotted line

Signed by and on behalf of [company name]

Signed by and on behalf of [customer name]

Date [date]

Everyone should sign above and keep a copy for their records.

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