Application Development Service Contract

A contract for an individual freelancer / contractor to provide work for a limited number of hours.

Service Contract for Application Development

Definitions

Developer: Name of Individual issuing this contract

Client: Name of Company or individual entering into this contract with the Developer

Services: Any task or series of tasks done by the Developer on request from the Client, or as part of fulfilling a request from the Client

Product: Any code, images, markup, scripts, content created by the Developer while performing Services

Intangibles: Knowledge about solutions to problems, methods, or designs

Milestones: Established points during the development where the Developer will provide information regarding the status of the Services, the Product, and/or the Agreement.

Agreement: This service contract when signed by both the Developer and the Client

Terms

  1. Deliverable: The Developer agrees to produce, to the best of his ability, the Product outlined in previous correspondence.

  2. Rate: Services shall be billed to the Client at the rate of $20 USD per hour.

  3. Agreement Duration: This Agreement shall remain in effect until the Developer has completed 200 hours of rendered Services.

  4. Milestones:

    1. The Developer agrees to provide to the Client information regarding the Services, the Product, and/or the Agreement at the established milestones.

    2. Milestones may be changed or removed and additional Milestones may be added with prior communication and agreement between the Developer and the Client.

    3. Milestones consist of the rendering of 100 hours of Services and the completion of the Agreement (200 hours).

  5. Payment: The Client shall send payment to the Developer within 30 days of receiving an invoice.

    1. Invoice Periodicity: The Developer shall send an invoice to the Client at each of the established Milestones.
    2. Late Payment: If a payment is more than 7 days late, no Services will be performed for the Client until payment is received.
  6. Billable Time: All time spent performing Services and communicating with the Client is billable.

    1. Estimations: If an estimate is requested by the Client, the first 30 minutes of time spent preparing the estimate will not be billable. Time spent on an estimate beyond 30 minutes will be billable at the normal rate.
  7. Copyright: Copyright of all Products created while performing Services for the Client will be transferred to the Client upon receipt of payment in full, except in the cases described below.

  8. Copyright Exceptions

    1. The Developer reserves the right to reuse and re-license portions of the created Product as desired, as long as the portions are general solutions to common problems and are not specific to the Clients product.
    2. Any portions of the Product whose copyright is withheld by the developer are licensed to the Client for use in the Product under the MIT license: http://www.opensource.org/licenses/mit-license.php
    3. The Client will only be billed for portions of the Product which were created during the effective period of this contract and created while performing Services for the Client.
  9. Intangible Property: The Developer retains ownership of all Intangibles gained by the Developer (that are not previously owned by the Client) while providing Services.

  10. Severability: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

  11. No Exclusivity: The Client and Developer expressly acknowledge that this Agreement does not create an exclusive relationship between each other. The Client is free to engage others to perform services of the same or similar nature to those provided by Developer, and Developer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Developer.

  12. Termination: Either party must give at least 14 days notice to the other party before termination. This contract may only be terminated after all outstanding invoices have been paid in full.

  13. Changes: Either party may request to modify the terms of this contract at any time. When both parties consent to new terms and a new contract is signed, this contract is terminated immediately.

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