Ever wondered why we are prompted to agree to the Terms and Conditions while using or signing up for online services or social networking sites, well these stipulations are mainly in place for the protection of the service provider or social networking site and govern how a user’s account or data is managed. Although it is the duty of the web or mobile application developer to craft a solid set of Terms and Conditions for the protection of the developer as well as his client, it is first a necessity to draw up an agreement for the protection of the developer in the event of unforeseen liability claims. Below is a sample development agreement for a web or mobile application project, that can be customized to suit any need.
This document stipulates the terms and conditions for an agreement that is signed between the client henceforth referred to as the Client, for the design, development and deployment of a web / mobile application by the developer henceforth referred to as the Developer.
1. Unlimited Hosting facilities are setup for multiple online projects, provided the Client bears the cost and signs up to a recommended hosting provider at the time of project initiation.
2. Designing future proof applications that can upgrade according to the Clients future growth plans.
3. Free application lifetime maintenance and updates, excluding major layout and design changes.
4. High level of mobile browsing integration with responsive and progressive design techniques.
5. Cross browser mobile application technologies for low cost development and deployment.
6. Low cost mobile application backend deployment strategies with the option to scale up.
7. Free training for Clients to manage and administer the application independently.
8. Free https protocol setup for websites giving them more authority online.
9. Free analytics integration with weekly and monthly report submissions.
10. Free backup and restore services in the event of application crashes.
11. Free search engine and webmaster site, page link submissions.
12. Free advice and guidance on how to improve SEO rankings.
1. Setup and configuration of the hosting provider account or mobile app backend and pointing domain names towards the hosting provider.
2. Creation of external email addresses and external service accounts, essential for project management and application maintenance.
3. Creation and configuration of domain name related email addresses, to work with the new web hosting setup.
4. Browse mockups and plugins, to finalize user interface design and app functionality.
5. Installation of Content Management System (CMS) software on the web server.
6. Setup and configuration of plugins and themes for CMS software management.
7. Development of the application code base and customization of the design.
8. Design and source icons, fonts, vectors and other page design elements.
9. Optimize all application content for better performance and ranking.
10. Client preview of the application for any design changes and fixes.
11. Finalize the design and deployment of the application.
12. Submit application to search engines or app stores.
1. The ADVANTAGES section of this agreement merely contain services that are provided in tandem with other online service providers, and the Developer of this web / mobile application reserves the right to change the provisioning or conditions of these services at any given time prior to or post deployment of this web / mobile application on to a web server or application host.
2. In no event shall the Developer of this web / mobile application be held liable whether under contract, tort or otherwise by the Client for any injury, loss, costs or expenses whatsoever, including but not limited to lost revenue or goodwill, business interruptions, lost or damaged data or any other economic or commercial loss, in the event of the application or connected services being affected by downtime or non-availability of service, that has occurred as a result of hosting provider faults and initial setup configurations, bandwidth and usage tier limitations, reconfiguration and changes of the service specifications in the ADVANTAGES section of this document, application maintenance and updates, application code and deployment technology faults or as a result of malicious online activity such as application hacking.
3. In no event shall the Developer of this web / mobile application be held liable to “any person” or “legal entity”, for anything arising out of or in any way connected with the installation or use of this web / mobile application, whether such liability is under contract, tort or otherwise, and the Developer of this web / mobile application shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to “any person” or “legal entities” installation and use of this web / mobile application.
4. The web / mobile application software is designed, developed and provided “as is” with all faults, at the time of project completion, and only includes the DELIVERABLES that are expressly stated within the DELIVERABLES section of this agreement document.
5. The Client must obtain all relevant content licensing, permissions and authorities in respect of all copy, graphic images, registered company logos, name and trademarks or any other material that is supplied by the Client to be include within the this web / mobile application. The Client must indemnify the Developer and hold the Developer harmless from any claims or legal actions related to the content of the web / mobile application.
6. The Developer of this web / mobile application make no express or implied representation or warranties, of any kind related to this web / mobile application or for any and all content, contained within this web / mobile application or from the propagation of this content online or offline as a result of the design, development and deployment of this web / mobile application.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.