Mobile Development Terms and Policies
The following terms, clauses, policies or “Agreement” is entered into between DC Web Makers or “The Developer” and The Client. For sake of this Agreement, The Client is any individual and/or company that uses The Developer services, software, products, or otherwise, interacts with The Developer website and mobile App.
I- Important Dates
The date on which The Client purchases the software or service online (via our mobile App, sale force, or website) or otherwise on which an Agreement electronically or in person is signed between two parties shall be deemed as Effective Date. The date on which the software or service is projected for delivery will be deemed as Estimated Delivery Date.
II- Client Referral Terms
After The Client signed this Agreement and successfully paid the due payments herein defined, The Developer shall assign a referral code to The Client which will be valid for one year from Commence Date. Any new client or “New” may enter the referral code at the signing their Agreement. After the New project delivery, The Developer will compensate The Client with ten percent (10%) of the New total project value, and mail the check accordingly. Any payments received from the New for (without limitation) project extensions, extra services, and/or maintenance service shall NOT be counted toward compensation or referral benefit.
III- Template Website & Mobile App Terms
It agreed and understood that I) The website or mobile App template or “Template” does not include any post-deliver service including without limitation maintenance service; II) The Client shall be responsible for securing domain name, web host (and other related setup requirements) at its own cost. Upon project delivery, The Client must submit the domain and hosting information not later than one week from the delivery date to The Developer. If one week passed, then The Developer will email the project files to The Client and be released from the duties hereunder this Agreement; otherwise, any domain and/or server set-up requests after one week, requires extra charges; III) All payments made toward the requested service or the product are final and shall receive NO refund unless specifically agreed otherwise in writing; IV) The Developer herein agreed to apply minor changes (at its best judgment) to the Template for free; however, any extra or major changes to the Template shall entitle The Client to extra charges and may requires both parties to enter into a new agreement; V) The Developer shall NOT be responsible for making backup files or otherwise keeping back-up files after the project delivery.
VII- Application Post-Delivery Terms
Any post software or product delivery service including, without limitation, maintenance service requires both parties to sign separate agreement(s).
VIII- Custom Application Development Terms
Any custom software, product, or service requires both parties to enter into an new Agreement.
IX- Native Mobile App Terms
The following terms shall be in effect regarding said native mobile App project or ”Native App” between The Developer and The Client. For sake of this Agreement, the “Web App” is the identical form of Native App as of functionality and “Look and Feel” except that they are not installable, downloadable, and/or purchasable via major mobile software developer sites like Android Marketplace and Apple Store. A) Communicated Project Deadline:
Any verbal or written (including email correspondences) project delivery deadlines shall be deemed as the date on which the Web App is tested and approved by The Client. Without limiting the foregoing, the delivery of the Web App by The Developer and its approval by The Client shall be deemed as the project completion. All the project due payments must be paid in full on the said deadline unless specifically agreed otherwise. B) Mobile Browser Compatibility:
The Developer shall NOT guarantee that the packaged Native App and/or Web App works on any mobile device, browser type or browser version. The Developer will test and verify the final product on most common mobile platforms (to be determined at its best judgment) for usability and functionality. C) Native App Commercialization:
Any Native App that is developed and packaged for the commercial purposes (including any Native App that is not free to install) requires extra cost for setting up, managing , and maintaining the App-related transactions. The exact cost shall be communicated on the Web App delivery. D) Native App Marketing and Promotion:
The Developer may prepare, distribute, and maintain promotional and marketing contents for the Native App for the additional cost.E) Native App Version Control:
Upon The Client request, The Developer will develop the new version of the Native App, the cost of which shall be communicated in writing and signed by both parties. Unless specifically mentioned otherwise, The Developer shall NOT be responsible for saving the back-up files and contents of the old App versions or otherwise maintain any version of the Native App for The Client on the server, unless specifically agreed otherwise. F) Native App Delivery:
The Developer will test and package The Native App on the Android device software for Native App usability and functionality after full payment of Post Web-App Delivery Cost and any other pertinent costs from The Client to The Developer. On successful delivery of The Native App on Android devices, The Native App shall be deemed as completed. The Developer submits the said Native App to “iOS Developer Program” for approval, yet The Developer shall NOT take any responsibility for the rejected Native App for any reason or otherwise re-develop or resubmit the said Native App. Any additional work on the said Native App for resubmission shall entitle The Client to extra costs to be determined by The Developer. G) Native App Design and Features:
All the agreed project estimates herein Service Agreement (signed by both parties) are only for a simple mobile App “Look and Feel” and functionality. Any extra works or features can be added for additional costs and should be approved by both parties in an Additional Project Work addendum.
X- General Terms
. This Agreement replaces all other agreements, either oral or in writing, between The Developer and The Client with regard to this project. No other agreement, statement or promise not included herein will be valid or binding on either party. Any revision of this Agreement shall be effective only if it is in writing and signed by both parties. Mandatory Arbitration
. Any dispute or claim arising out of or germane to this Agreement, or the breach thereof, shall be settled by arbitration according to the rules of the American Arbitration Association, and any judgment on the award performed may be entered in any court having jurisdiction. Governing Law
. This agreement will be governed by and construed according to the laws of the State of Maryland. Severability
. If any of the provisions of this Agreement will be announced by a court of competent jurisdiction to be invalid, unenforceable, or void the remnant provisions will remain in full force and effect.