VISELY APPS – CUSTOM APP DEVELOPMENT AGREEMENT

This Custom App Development Agreement (the “Agreement”) is made and effective from on the day the order is placed.

BETWEEN: The Customer (hereinafter called as the “Customer”), and

AND: Visely Apps (hereinafter called as the “Developer” or “Visely”),  sole proprietor company

RECITALS

Whereas, Customer wishes to build a Mobile App for for Android and/or Apple (Hereinafter called as the “PROJECT”) developed as per the requirements specifications sent on our information submission portal.

Whereas, the “Developer” desires and offers its services to develop the app for the Customer.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending, to be legally bound, agree as follows:

  • SCOPE OF WORK – The high level scope of work is the development of The Project as per the requirements specifications sent by the customer as mentioned above. Creative designs and graphics development is not covered in the scope of work of this contract; however Developer may recommend or create their own designs for the betterment of the App. The Developer will support the app ongoing, provide structural updates and manage the server the app is housed on.
  • ESTIMATION AND COMMERCIALS
Platform iOS &/or Android
Total Delivery Time Min – 2 Calendar weeks, Max – 3 Calendar Weeks
Platinum App (In USD) $499 one time build fee and $49.99 a month maintenance fee ongoing (includes two information changes a year)
 Premium App (In USD)  $299 one time build fee and $39.99 a month maintenance fee ongoing (includes one information change a year)

Notes:

  • Payments will be transferred by the customer via Credit Card or Paypal
  • The onetime payment is for the build/registration and is non refundable
  • The ongoing monthly fees are able to be canceled at any time with one month notice
  • ENGAGEMENT PROCESS & MILESTONE BASED PAYMENT TERMS
  1.  The Engagement Process and corresponding payment terms for this Fixed Price Project Agreement are as follows:
  • Graphic Design/ UI/ Creative Design/ multimediaThe customer is responsible for, and will supply any graphics/ design/ artwork/ multimedia required for the project to the developer at the beginning of the project. Developer will however put its recommendations; assist where possible in graphic creation for the betterment of the App.
  • Collaboration, coordinationA status update on the progress of the work will be shared periodically with the customer on milestones basis formally by developer
  • Apple’s iTune’s Store ComplianceVisely Apps will submit the app to confirm it is technically compliant to Apple’s App store guidelines, but not the business compliance. Being owner of the project idea, the customer only will be responsible and liable for the product’s business compliance with Apple App Store guidelines.
  • Android Play Store Compliance – Visely Apps will submit the app to confirm it is technically compliant to Android Play App store guidelines, but not the business compliance. Being owner of the project idea, the customer only will be responsible and liable for the product’s business compliance with Android Play App Store guidelines.

Simple tabular representation of the Milestone’s definition below:

Payment Terms Definition
One time fee On Agreement and Payment
Week 1-2
  • Consultation
  • Information request form submitted
  • App design and Architecture completed
  • Backend API partially done
  • Front end Apps Alpha release initiated
  • Sent for test/ review of the customer
Week 2-3
  • Backend API fully done
  • Front end Apps Alpha release completed
  • Sent for test/ review to Apple
  • Previously reported bugs fixed
  • Front end Apps beta release completed
  • App fully completed
  • Submission to the stores if all tests are passed
  •  CHANGE ORDERS

 Definition of Change Order:

Any change or modification in functionality or feature or UI of the App required by the customer which is beyond agreed functional requirements considered in this Agreement will be considered as a “Change” in the original specifications, and that shall be intimated to Visely by the customer or vice versa as a “Change Order” in writing.

Change Orders do not however cover any bug or glitch fixing produced out of the code written by Visely as any “bug” will be fixed by Visely for free ongoing (covered by monthly maintenance fee).

  • DEVELOPMENT TECHNOLOGIES & TARGET DEVICES AND iOS

The proposed technologies are as follows:

Development Technologies: iOS & Android

Target Device and iOS: Android 5.0, iPhone and iPad running iOS versions 10+

6. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

All Intellectual Property (including Source Code, Documentation, and Application Package) during the project and ongoing is owned by Visely Apps. Visely Apps is the sole owner of the developed App with full IPR.

  • This Agreement commences on the date it is executed and shall continue until full performance by both parties, or until earlier terminated by one party under the terms of this Agreement. 
  • TERMINATION
  1. The Customer shall, in the event of Visely committing any breach of any of the terms and conditions of this agreement or for any other reason considered as sufficient, be entitled to terminate this agreement at any time after the app. If terminating for cause, if the customer terminates the agreement mid month, then the customer shall receive a refund from the Visely up to the date of termination with a fee calculated on Pro-rata basis. Visely may also terminate this Agreement by giving 2 weeks notice in writing to Customer.

9. ENTIRE AGREEMENT AND GOERNING LAW AND JURISDICTION

This agreement supersedes all oral and written representations and agreements between the parties including, but not limited to any earlier agreement relating to the subject matter thereof.

This agreement shall be construed, interpreted and governed by and in accordance with the laws of the United States of America. In case the arbitration proceedings fail, an unresolved dispute between Visely and the customer is subject to the binding laws of the United States of America as a first attempt at formal resolution.  Should arbitration fail to reach a resolution and either party wish to pursue the dispute further, this shall be conducted within the binding laws of the United States.

Hence electronically, the parties have caused their common seal to be affixed to these presents and the duplicate, the day and year first hereinabove written.

For Customer                                                                                    For Visely Apps