Web An App Developpment Agreement

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Blog Feature

1-Comment System

2-Categories

3-Search

4-Post Scheduling

5-Feature Image

6-Content Formating

7-Multi Auth System (Admin,Author,Editor,Writer)

8-Share to Social Media Icons

9-Like Feature

10-Sitemap Generator
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 :

before 60 Days Developer agrees to provide to Client a full functioning website


based upon the specifications provided by Client (See Exhibit A).

The website created by Developer will be up and running, online, functional


and accessible by users. Client is informed and understands that Developer will
use its best efforts to perform hereunder.

However, Client understands that multimedia applications, websites and


software are complicated and imperfect environs. Developer will attempt to
cure and remedy any unforseen glitches,bugs and/or errors, but those efforts
will be based upon the original specifications, including agreed upon
modifications of Client.
4. Original Work/Conflicts/Confidentiality

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.

Finally, Developer promises to hold and maintain in strict confidence any


confidential information that Client provides(such as proprietary technical or
business information), and Developer will not disclose such information to any
third party except as may be required by a court or governmental authority.

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 .

8.Feedback and Acceptance

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.

Developer and Client agree to the following acceptance process :Developer will


test the software that Developer creates for Client to make sure that it’s working
properly. In turn, Client promises that Client will evaluate the deliverables
Developer provided to Client at each milestone listed in Exhibit B to this
Agreement and let Developer know in writing, within forty eight (48) hours
after Client receives each deliverable, whether Client accepts or rejects it. If
Client rejects a deliverable, Developer will correct any errors and again ask
Client to accept or reject the corrected deliverable -which Client promises to do
within forty eight (48) hours after Client receives the corrected deliverable.

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 grants Developer a nonexclusive,nontransferable licence to


use,reproduce,modify,display and publish the Client Content solely in
connection with Develper’s work for Client under this Agreement and the
limited promotional uses as allowed by this Agreement.

Client also affirms and represents that this Agreement does not conflict with
any other contract, agreement or understanding to which Client is a party.

10.Rights Before Payment In Full

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).

11.Rights After Payment Made In Full

After Client pays Developer in full, Developer assigns to Client Developers


right, title and interest in the copyrights for the final software that Developer
creates for Client under this Agreement – contained in the final files that
Developer will send to Clinet for approval.

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

Developer shall not, under any circumstances, be liable to Client for


consequential,indirect, incidental, special,punitive,or exemplary damages or
losses arising out of or related to this Agreement, even if Developer is advised
of the likelihood of such damages occuring.

Developer’s cumulative liability for any damages arising out of or in any


manner related to this Agreement (including,but not limited to, claims for
breach of contract, breach of warranty, negligence, strict liability, or tort, shall
be limited to the amount of the fee paid by Client to Developer under this
Agreement.
16.Entire Agreement

This Agreement constitutes the complete and exclusive Agreement between


Client and Developer concerning the work on this project,and it supersedes all
other prior Agreements, proposals,and representations, whether stated orally or
in writing. Developer and Client can modify this Agreement in writing, if both
Client and Developer sign that modification.

17.Independent Contractor

Client agrees that Developer is an independant contractor and not Client’s


employee. Although Client will provide general direction to Developer,
Developer will determine,in Developer’s sole discretion, the manner and ways
in which Developer will create the software for Client. The work that Developer
creates for Client under this Agreement will not be deemed a ‘work-for-hire’, as
that term is defined under U.S. Copyright Law. Whatever rights Developer
grants Client are contained in this Agreement.

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

Timeline & Deadline Time Line

Client Developer
{Kuldeep Bishnoi} {The Test Coder }