Terms and Conditions
1. Duration and Termination
This Agreement shall begin on the Effective Date and continue until the completion of the relevant mobile application.
Both parties have the right to terminate this Agreement for good cause.
2. Services
The Agency undertakes to develop and provide a mobile application (hereinafter referred to as the "App") for the Client in accordance with the requirements and specifications set out in this Agreement.
The Agency agrees that it shall provide its expertise to the Client by supplying services, in particular:
1. Analysis of the current status of your SEO and ASO
2. Optimization of keywords and ads
3. Choice of type of the suitable referrable system
4. Development of this referral system
5. Integration of the referral system into client's app and other marketing tools
6. Continous optimization of this system to ensure a permanent increase in download
7. 100.000+ Users on Google Play Store and Apple App Store
8. Deluxe: Potential Earning: 10.000$-50.000$ per month
(Hereinafter referred to as the “Services”).
3. Disclaimer
The Agency accepts no liability for any loss or damage arising from the use of the app. Any liability is limited to gross negligence and intent.
4. Warranties
The Agency warrants that:
it will perform the Services hereunder in a professional, timely, ethical and workmanlike manner, and it will meet the requirements and conform with any specifications agreed between the parties, it has all necessary permits and is authorized to do business in all jurisdictions where the Services are to be performed, and it will comply with all applicable laws in performing the Services.
5. Confidentiality
Both Parties must not disclose to any third party any details concerning the other party’s business, including, without limitation any information concerning any of the other party’s trade secrets, customer information, financials, pricing, business plans, among other things (the “Confidential Information”), unless required by law. Page 3 of 4 Both Parties must also not make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the other party.
6. Indemnification of Legal Fees, Out-of-Pocket Expenses and Liability for Breach
If any Party breaches this Agreement, the non-breaching party shall be compensated by the breaching party for its reasonable legal fees and out-of-pocket expenses which in any way relate to the breach of this Agreement. The Parties acknowledge that compliance with this Agreement is necessary to protect the goodwill and other proprietary interests of the Parties and that a breach of this Agreement will also give rise to irreparable and continuing injury to the non-breaching Party. Therefore, each Party agrees that breach of this Agreement will give the right to the nonbreaching Party to seek damages for any losses and damages incurred as a result of breach of this Agreement and/or in connection with such violation.
7. Independent Service Provider
The Client and the Agency agree that the Agency is, and at all times during this Agreement shall remain, an independent service provider.
8. Intellectual Property Rights
The Parties herein agree that the Client will own all intellectual property rights as a result of the work and the Services conducted under this Agreement, including but not limited to, copyrights, patents, trade secrets and trademark rights. The Client, thus, will be the sole and absolute owner of anything related to the Services. Therefore, the Agency acknowledges that the Client retains all intellectual property rights to content that the Client makes available to the Agency.
The Agency grants the Client a non-exclusive license to use the developed app.
9. Entire Agreement
This Agreement represents the entire agreement between the two parties, completely replacing any other previous written or verbal agreements concerning the relationship of the Client with the Agency. No variation of this Agreement shall be effective unless made in writing and signed by or on behalf of each of the Parties or by their duly authorized representatives.
10. Severability
If any Clause, or part of a Clause, of this Agreement, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder of the Clause or Paragraph which contains the relevant provision shall not be affected, unless otherwise stipulated under applicable law. If the remainder of the provision is not affected, the Parties shall use all reasonable endeavors to agree within a reasonable time upon any lawful and reasonable variations to the Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the Clause, or the part of the Clause, in question.
11. Severability
This Agreement shall be governed by the laws of the United States of America. This Agreement shall be binding on each Party’s representatives, assigns and successors. This Agreement has been signed by the duly authorized representatives of the Parties as of the date set forth below.