Business Store Apps Template

Business Store Apps Template

This General Business Agreement (the "Agreement") is made and entered into as of Effective Date: by and between Client Name: (the "Client") and Developer Name: (the "Developer").

WHEREAS

WHEREAS, Client operates a retail business and maintains one or more digital storefronts (including mobile and web-based stores) and desires one or more custom store applications and related services to support sales, customer engagement, and inventory management;

WHEREAS, Developer is engaged in the business of designing, developing, deploying, and maintaining software applications and related services and has represented the ability to perform the services described in this Agreement;

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows.

1. Scope of Work

iOS application    Android application    Web storefront application

2. Payment Terms

Total Fee (all work and deliverables): $

Invoicing: Developer will invoice Client in accordance with the payment schedule. Invoices are due within days of receipt.

Late Payment: Overdue amounts shall accrue interest at % per month (or the maximum permitted by law), plus a late fee of $ for each late invoice.

3. Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Agreement for material breach by providing written notice to the other party and a cure period of days. Either party may also terminate without cause upon days' prior written notice.

4. Confidentiality

Each party shall keep confidential and shall not disclose to any third party any Confidential Information of the other party except as required for performance of this Agreement. "Confidential Information" includes business plans, customer lists, pricing, proprietary software, source code, trade secrets, and non-public technical and financial information. Confidential obligations survive termination for a period of years, except with respect to trade secrets, for which obligations run as long as the information remains a trade secret under applicable law.

5. Intellectual Property

Subject to full payment by Client of all fees due hereunder, Developer assigns to Client all right, title, and interest in and to the deliverables created solely for Client under this Agreement, including all copyrights and other intellectual property rights. Developer retains ownership of its pre-existing tools, libraries, and general skills and methods. Developer may retain a non-exclusive, non-transferable license to display screenshots and a description of the work in Developer's portfolio and marketing materials unless Client objects in writing.

6. Warranties; Limitation of Liability

Developer warrants that the deliverables will conform materially to the agreed specifications for a period of 90 days after final acceptance. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, THE DELIVERABLES ARE PROVIDED "AS IS." IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE TO DEVELOPER UNDER THIS AGREEMENT IN THE 12 MONTHS PRECEDING THE CLAIM.

7. Notices

8. Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous oral or written agreements.

9. Miscellaneous

Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties. If any provision is held unenforceable, the remainder of the Agreement remains in full force and effect.

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