Web An App Developpment Agreement
Web An App Developpment Agreement
Web An App Developpment Agreement
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Blog Project Agreement
Kuldeep Bishnoi (‘Client’), with a principal place of business at Haryana has
asked, The Test Coder (‘Developer’), to create a custom website . Agreement
as follows :
1.Scope of Work
The scope of the work for Client is listed in Exhibit A of this Agreement.
Developer will start working on this project within 1 days after Developer
receives a signed copy of this Agreement and fifty percent of the total payment
from Client. If the scope of the work changes after signing this Agreement,
Client and Developer agree to negociate and sign an amended Exhibit A .
2.Project Milestones
Developer and Client have agreed that Developer will work on this project in
phases. Exhibit B to this Agreement lists the milestones that Developer and
Client have agreed on will apply to each phase of Developer’s work for Client.
If the scope of work changes after Developer and Client sign this Agreement,
Client and Developer agree to negociate and sign an amended Exhibit B.
3.Final Deliverables
Developer will deliver to Client, via Internet, within 60 days after Client
approves the final deliverable(s), digital files containing Developer work for
Client under this Agreement.
Specifically, Developer will provide Client with the following :
Developer promises that work does not violate the patent, copyright,trade
secrets or other property right of any person,firm or entity, Developer promises
that this Agreement does not conflict with any other contract, agreement or
understanding to which Developer is a party.
5. Training
The fee Client will pay Developer for this project includes 10 Hours of training
in the use of the software created. Training will be conducted remotely using a
screen sharing software. If Client asks Developer to train Client onsite, Client
agrees to pay actual costs of traveling to Client location, including but not
limited to transportation, lodging, and food expenses.
6. Payment
Client promises to pay Developer the total sum (‘Fess’) of 17,000 /-(Indian
Rupees) in two payments. Fifty percent of the Fee will be due when Client and
Developer sign this Agreement and before Developer begins work. The
remaining fifty percent of the Fee will be due immediately before Developer
sends Client final files containing the software that Client approved. Payment
will be made using Online Transfers.
If Client asks Developer to use any third-party content (i.e. stock photos or third
party software) that must be incorporated in the software Developer is creating.
Client promises to pay Developer the actual cost of licensing that third-party
content for work under this Agreement. Client agrees that until Client pays
Developer in full, Client will not acquire the rights or licence to use or transfer
ownership of any software that Developer creates for Client under this
Agreement.
The remaining 50 % of the fee will be due immediately after client has a fully
functionning website as described in Exhibit A hereto.
7.Compensation
Developer agrees that the fee Client owes Developer will cover in full all of the
work listed in Exhibit A of this Agreement. Client agrees that if Client asks
Developer to make changes or do other work for Client that is not covered by
this Agreement, Client will pay an agreed upon flat rate in addition to all other
amounts Client owes Developer under thisAgreement .
Client agrees, that Developer cannot complete work for Client or meet agreed
upon milestones unless Client gives timely feedback. Client agrees to provide
timely feedback so that Developer can understand Client concerns, objection or
corrections, and Client promises not to unreasonably withhold acceptance of the
deliverable Developer will provide Client at each milestone.
When Developer delivers the final files to Client and completes work for Client
under this Agreement, Client agrees that Client will test the software in its
entirety to determine if Developer completed the work promised Client. Client
promises to let Developer know in writing within seven (7) calendar days after
Developer delivers the final files whether Client accepts or rejects the final
files. If Client rejects the final files, Developer will correct any errors and again
ask Client to accept or rejects the corrected deliverable – which Client promises
to do within seven (7) calendar days after Client receives the corrected
deliverable. This process shall continue until Client accepts the deliverable or
seven (7) calendar days have passed and Client has not accepted or rejected a
deliverable (at which point it will be deemed acepted).
Finally, Client agrees that Developer work on this project will be complete and
the Agreement will end after Client has approved the final files.
9.Rights To The Client Content
Client promises that:(a) Developer owns the rights to use anything Client gives
me (‘Client Content’) ; and (b) using such Client Content does not violate the
patent, copyright,trade secret or other property right of aany person,firm or
entity.
Client also affirms and represents that this Agreement does not conflict with
any other contract, agreement or understanding to which Client is a party.
Client understands and agrees that until Client pays Developer in full,Developer
owns full rights to everything Developer creates for Client under this
Agreement. If Client does not pay Developer in full, Client agrees that
Developer can complete,exhibit,use and sell the software at Developers sole
and absolute discretion (except that Developer will not be able to use Client
Content in such work).
Client agrees that Developer will retain and Client will not receive any right,
title or interest to the preliminary work or preliminary designs that are included
with the work Developer creates for Client. If Client needs additional
documentation, Developer will sign any further documents
reasonably necessary to make sure that the rights Developer is giving Client
under this Agreement are properly assigned to Client.
Client agrees that Developer may use Client name/company name and
trademarks as a reference in Developer promotional materials. Client also
agrees that Developer may include, when referencing Developer’s work for
Client, a general description of the work under this Agreement.
12.Right To Make Changes
Developer agrees that after Client pays Developer in full, Client may make any
changes or additions to the software Developer creates for Client under this
Agreement, which Client in Client’s discretion may consider necessary, and
Client may engage others to make any such changes or additions, without
further payments to Developer. Client agrees that if Client asks Developer to
make changes or additions to the software after Client approves the final files.
Client and Developer will negociate a separate additional payment for
Developer’s time to make such changes.
13.Rights To Know-How
Developer may incorporate into the software Developer creates for Client
various pre-existing development tools,routines,subroutines,programs,data or
materials (Know-How). Client will receive a nonexclusive,perpetual,worldwide
licence to use the Know-How in the software that Developer created for Client
under this Agreement. However, Client shall not resell or make use of that
Know-How in any other manner other than in connection with the software
Client receives under this Agreement.
14.Assurance
Developer promises that to the best of Developer’s knoledge, the software will
not contain any virus,worm,trap door,back door,trojan horse,timer or clock that
would erase data or programming or otherwise cause the software to become
inoperable or incapable of being used.
15.Limitations of Remedies
17.Independent Contractor
Exhibit A
Project Name Laravel Blog Project
Client Name Kuldeep Bishnoi
Project Feature List 1. Feature List
Includes 1. List of Assets and files
Cost Price
Online Transfer to Bank or UPI
Exhibit B
Client Developer
{Kuldeep Bishnoi} {The Test Coder }