REF: MOBILE-APP-DEVELOPMENT-AGREEMENT MOBILE APPLICATION DEVELOPMENT AGREEMENT
THIS MOBILE APPLICATION DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into on this [Agreement Date] (the "Effective Date"), by and between:
THE DEVELOPER:
[Lead Developer Name], operating under the trade name/entity [Developer Trade Name / Entity] (hereinafter referred to as the "Developer", which expression shall, unless repugnant to the context, include their successors, legal heirs, and permitted assigns) of the FIRST PART;
AND
THE CLIENT:
[Client Name / Enterprise] (hereinafter referred to as the "Client", which expression shall, unless repugnant to the context, include its authorized representatives, successors, and permitted assigns) of the SECOND PART.
WHEREAS:
A. The Developer possesses expertise in mobile application engineering, native SDK integrations, mobile UI implementation, and application packaging for mobile app ecosystems.
B. The Client desires to engage the Developer to develop, build, test, and package a customized mobile application, and the Developer has agreed to deliver the software subject to the mutual promises herein contained.
NOW, THEREFORE, the Parties agree as follows:
1. APPLICATION SPECIFICATIONS AND FUNCTIONAL SCOPE
1.1 The Developer shall develop the mobile application known and described as: [Mobile Application Overview].
1.2 The mobile application shall be engineered for deployment on the following platforms: Cross-Platform.
1.3 Design provisions, screen wireframes, and design components are allocated as follows: Provided by Client (Figma / Adobe XD).
1.4 The core functional scope, architectural modules, and technical features shall comprise:
[Application Features and Functional Scope]
1.5 Any modification of functional requirements shall be executed through a written change request mutually signed by both Parties outlining cost and schedule impacts.
2. TIMELINE AND SPRINT DELIVERY
2.1 The Developer shall execute the engineering lifecycle over the estimated timeline of: [Development Timeline & Phasing].
2.2 The development timeline is contingent upon the timely delivery by the Client of all third-party API keys, developer portal credentials, graphic assets, privacy policies, and testing feedback.
3. FINANCIAL CONSIDERATION AND PAYMENT TERMS
3.1 In consideration of the software development services, the Client shall pay to the Developer a total fee of INR [Total Development Fee (INR)] (Indian Rupees).
3.2 Payment shall be remitted as per the following milestone schedule:
[Payment Milestone Schedule]
3.3 Payments shall be made within seven (7) days of invoice submission through electronic fund transfer, UPI, or designated corporate banking rails.
3.4 Applicable statutory deductions, including TDS under Section 194J of the Income Tax Act 1961, may be deducted by the Client upon providing appropriate tax credit certificates.
4. APP STORE SUBMISSION AND COMPLIANCE
4.1 The procedure for store packaging and submission shall be: Developer handles store listing and submission.
4.2 The Client shall provide and maintain active Apple Developer Program and Google Play Console accounts at its own expense.
4.3 The Developer warrants that the code shall comply with Apple App Store Review Guidelines and Google Play Developer Program Policies in force on the submission date. In the event of rejection attributable directly to programming errors or SDK non-compliance, the Developer shall rectify the defects without extra charge. Rejections arising from business model, brand copyright, or Client content remain the Client's responsibility.
5. INTELLECTUAL PROPERTY AND SOURCE CODE OWNERSHIP
5.1 The assignment and ownership of the mobile application source code shall be governed as follows: Full assignment to Client upon final payment settlement.
5.2 In accordance with Section 19 of the Copyright Act 1957, complete title, copyright, and patentable rights shall vest in the Client only upon receipt of 100% of the contract consideration.
5.3 The Developer reserves the right to retain underlying reusable modules, open-source libraries, and generic algorithms, granting the Client an irrevocable, worldwide, royalty-free license to utilize such components as integrated into the application.
6. POST-LAUNCH SUPPORT AND WARRANTY
6.1 The Developer provides post-launch maintenance and crash triage for a duration of: [Post-Launch Support & Warranty Period].
6.2 This warranty covers crash bugs, application freezes, and deviations from the approved functional specifications. Upgrades for major operating system version releases or third-party API deprecations following delivery are billable under separate AMC terms.
7. CONFIDENTIALITY AND DATA PRIVACY
7.1 Both Parties agree to hold in confidence all business plans, customer databases, technical architectures, and proprietary algorithms disclosed under this engagement.
7.2 The Developer shall adhere to reasonable data security guidelines under Section 43A of the Information Technology Act 2000 and the Digital Personal Data Protection Act 2023.
8. INDEPENDENT CONTRACTOR STATUS
The relationship between the Developer and the Client is strictly that of an independent contractor under the Indian Contract Act 1872. Neither Party is an agent, partner, or employee of the other.
9. LIMITATION OF LIABILITY
Under no circumstances shall either Party be liable for lost profits, loss of data, reputational damage, or indirect losses. The Developer's maximum aggregate financial liability under this Agreement shall not exceed the total fees paid by the Client to the Developer.
10. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and interpreted pursuant to the laws of India. Any controversy or claim arising out of this Agreement shall be settled by binding arbitration conducted by a sole arbitrator under the Arbitration and Conciliation Act 1996. The seat and venue of arbitration shall be in India, and proceedings shall be in English.
IN WITNESS WHEREOF, the Parties hereto have signed this Mobile App Development Agreement as of the date first above written.
DEVELOPER:
Signature: ___________________________
Name: [Lead Developer Name]
Entity: [Developer Trade Name / Entity]
Date: [Agreement Date]
CLIENT:
Signature: ___________________________
Name: [Client Name / Enterprise]
Date: [Agreement Date]
SCHEDULE OF TERMS, COVENANTS & CONDITIONS(6 ACTIVE CLAUSES)
1. TENURE & TERM OF LEASE: The term of this lease/tenancy shall be for a fixed duration of {{duration_months}} months commencing on {{commencement_date}} and terminating on {{expiry_date}} unless renewed by mutual consent.
2. MONTHLY RENT & DUE DATE: The Second Party covenants to remit a monthly rent of Rs. {{monthly_rent}} payable in advance on or before the {{rent_due_day}} day of each calendar month.
3. REFUNDABLE SECURITY DEPOSIT: The Second Party has deposited an interest-free refundable security sum of Rs. {{security_deposit}} with the First Party, returnable within 7 banking days of vacant handover.
4. PERMITTED USE OF PREMISES: The demised premises shall be utilized exclusively for lawful residential dwelling purposes and shall not be converted into commercial or industrial use.
5. STATUTORY ARBITRATION (ACT 1996): Any dispute arising hereunder shall be referred to a sole arbitrator appointed mutually under the Arbitration and Conciliation Act, 1996, with seat of arbitration in the execution city.
6. SUB-LEASE & ASSIGNMENT PROHIBITION: The Second Party is strictly prohibited from sub-letting, parting with possession, or assigning any portion of the premises to third parties without prior written consent.
ATTESTATION BY INDEPENDENT WITNESSES (AS PER APPLICABLE LAW)
First Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
Second Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
