Mobile Application Development Agreement Template

Cover Letter

Dear [Client.Company],

If you think that mobile apps are only for large companies, you are mistaken! More and more smaller businesses are hopping onto the mobile trend, and realizing that companies need a mobile app more than just a mobile friendly website. These days you’ll notice that most businesses you interact with have a mobile app to help you better access their features, be it your corner coffee shop or the gym you visit.

With average American adults spending up to three (3) hours or more on their phone, a mobile application is the best place to reach a consumer. It puts you right in front of a consumer's eyes — literally — as an app icon, which means that on some subconscious level a mobile user will think about your company.

Having a mobile app also enables you to create a direct marketing channel to send notifications and offers straight to your customer's phone rather than through an email or web notification.

And it increases your brand recognition and value with customers, as it makes them perceive your brand as bigger than it is. This improves customer engagement — people will open your app just to check on new products or services, since it will become so much easier to do.

Hence, seeing a need for your company to enter into the mobile app segment, we at [Sender.Company] come to you with this mobile application development proposal in order to discuss the terms of developing a mobile app for your business.

At [Sender.Company], we believe that mobile apps are the best way to bring your brand into the digital age. Since our company’s beginnings, we have been heavily focused on building and beautifying mobile applications. Our team is made up of the best and brightest mobile app developers that have time and again proven their deep intelligence in executing mobile app solutions.

If you have any questions or inquiries, please feel free to reach out to me personally at [Sender.Email] or [Sender.Phone].

Best,

​[Sender.FirstName][Sender.LastName]​

​[Sender.Title], [Sender.Company]​

This mobile application development agreement shall be deemed effective as of (Insert Date) by and between the following parties:

1. ​[Sender.FirstName][Sender.LastName] (Developer) and

2. ​[Client.Company] (Company).

​Recitals

The Company has requested the development of an application meeting the standards contained within this agreement.

The Developer is engaged in the making of such applications and holds all the necessary tools to deliver the needed results of this agreement.

Employment

The Company wishes to engage the Developer for services as an independent contractor for the sole purpose of designing the software contained within this mobile application development agreement.

The Developer is, for the sake of this mobile application development agreement, an independent contractor and under no condition shall be considered an employee of the Company.

​Deliverables

The Company has appointed the Developer to perform the services pertaining to the development of this mobile application as described below.

​[Sender.Company]’s Process

We normally estimate a time period of 16-20 weeks to successfully create an app. Throughout our entire process, we will stay in touch with you and ensure that you are updated on the timeline and progress of your new mobile app.

Our process is as follows:

1. Proposing The App

This is step 1. We provide you with an overview of our services and the timeline. We also give you an estimated price along with a cost breakdown for each section of the app.

2. Research And Analysis

Once we have an idea of what you are looking for in your app, we do a thorough research of your references and the industry you work in so we can create an app that will fit your needs. We analyze your requests and form a template and mockup of what the app would look like.

3. Approving The First Mockup

Once the first mockup is approved we will begin the process of coding the app. We do this by starting with a wireframe design and filling in with details to give it a more comprehensive, more thought-out approach.

4. Front End Technology

Next we build the front end technology of the app. This will be the UI/UX elements that the end user would see and interact with. This helps to give us a better overview of the app so that we understand what might need changing or further revisions, more work, etc.

5. Back End Technology

After this we build the back end technology of the app. This includes any specific integrations tied to the needs of your app, such as payment software or mapping technology. This step brings the app together and gets all the links up and running.

6. Testing

Before the app can be rolled out to customers we conduct a round of testing. This is usually done with the client to ensure that you have everything you require in the app before its debut. Any changes at this stage, however, would be minimal and only as needed, as massive changes would drastically increase the timeframe of the project.

7. App Launch

This is a stage where you feel like the app has been fully developed. Once all changes necessary have been completed we will assist you with rolling out the app to both the Google Play Store and iOS App Store and ensure it’s paired with a good description and title so that your customers can easily find you.

The Developer agrees to conduct weekly meetings with the Company to regularly review and establish the project’s current status.

The Developer agrees to provide all project files, user guides, and application credentials to the Company upon completion of this mobile application development agreement.

​Compensation

The Parties have agreed that the payments listed below are fair and just for the services being provided.

All payments shall be invoiced to the Company no later than 10 days from project completion.

Invoices will be due on (Payment.Terms) payment terms as agreed by the Parties.

​Term

This mobile application development agreement shall become effective as of the agreement date and will continue until all services are completed and approved by the Company or termination is requested by either party.

​Termination

This mobile application development agreement may be terminated by either party for the following reasons:

1. In the instance of a material breach of any terms and conditions contained within this agreement.

2. In the instance either party receives conviction of a crime or files for bankruptcy during the agreement terms.

Termination Responsibilities

Upon termination of this agreement the Developer will submit an invoice for all services completed to date for the Company.

The Developer will also, upon termination of this agreement, turn over all licenses, documentation, and completed work over to the Company within 1 day of the termination date.

​Developer Responsibilities

The Developer shall create the mobile application as described by all the details included in this mobile application development agreement.

The Developer shall test and ensure the application functions appropriately and reliably prior to final delivery to the Company.

The Developer will enable the development of this mobile application with the necessary time, energy, and staffing needed to produce quality results.

Upon completion of the mobile application’s development, the Developer shall assist the Company in installation, as well as assist the Company in submitting the application to any app stores or repositories.

Upon completion of all services, the Developer shall turn over any and all code and databases related to the mobile application development agreement to the Company without delay.

​Company Responsibilities

The Company shall engage with the Developer on the agreed weekly dates to conduct check in reports.

The Company shall provide all needed support and assistance as needed by the Developer for the completion of this mobile application development agreement.

The Company agrees to provide all the necessary information and services needed to the Developer.

Support Period

The Developer agrees to provide the Company with continued support for the mobile application for a period of 90 days from the delivery of such application. 

The support provided shall be inclusive of any repairs needed for bugs, glitches, and issues related to the software.

This support shall be included in the overall price and may not be billed separately.

​Confidentiality

The Developer agrees both during and for a period of 90 days from the completion or termination of this agreement to hold all materials at a level of the highest confidence.

This is inclusive but not limited to any technical data, trade secrets, know-how, software, designs, drawings, engineering, formulas, or technology.

​Warranties

Each party shall have full authority to perform any and all deliverables contained in this mobile application development agreement.

This agreement is legally binding and enforceable as such.

The Developer retains the right to dictate all methods and manners by which the services included in this agreement are performed.

The services performed shall be done in a legally acceptable manner and shall not violate any local or federal laws or regulations.

All services included in this agreement shall be performed by the Developer and the Company shall not be responsible for any hiring, supervising, or payment of any individuals assisting the Developer in this agreement.

The Developer shall remain responsible for any employees and expenses incurred during the term of this agreement.

​Indemnification

The Developer shall indemnify and hold the Company and its affiliates harmless for any and all damages, losses, expenses, claims, liabilities, and judgments that may arise from the result of the Developer’s own misconduct or negligence.

The Company shall indemnify and hold the Developer as well as any associates of the Developer harmless from any and all claims, losses, expenses, liabilities, or fees that may occur from the Company's negligence or breach of this agreement.

​Return of Property

Within three (3) days of the completion or termination of this mobile application development agreement, the Developer agrees to return any and all Samples, Products, Software, Models, and Documents pertaining to this agreement to the Company. 

Any Property given to the Developer for purposes of supporting this agreement by the Company shall remain the sole property of the Company and shall be returned as such.

The Developer warrants that the use of the mobile applications being developed will not infringe on any trademarks, copyrights, patents, or any other third-party rights.

In the instance the Developer becomes aware of the above taking place, the Developer will be responsible for notifying the Company as well as seeking the needed permissions.

The Company acknowledges any and all text, photos, trademarks, designs, or other artwork given to the Developer is the Company’s rightful property, and has the appropriate permissions to use products as such.

​Amendments

No amendments or modifications of this agreement shall be permitted without prior written consent between the parties.

​Assignment

The Company reserves the right to assign this agreement as they deem necessary.

The Developer may not assign, subcontract, or delegate any portion of this mobile application development agreement without prior written consent from the Company.

​Force Majeure

Neither party shall be considered in default or breach of contract in the instance of any delay pertaining to force majeure / an act of God such as fire, explosion, flood, or acts out of the control of either such party such as riot, war, or terrorism. 

In the event of such acts occurring, the first party directly affected is expected to notify the remaining party of such actions as well as a resolution date.

Any and all notifications in regard to this mobile application development agreement shall be delivered via email, in person, or certified letter by the respective parties to the following addresses:

​Governing Law

This mobile application development agreement shall be governed by the laws of [Client.State]​.

Any and all litigation pertaining to this agreement shall take place in, and be under the jurisdiction of, the state of [Client.State].

Furthermore, the prevailing party shall retain the right for the reimbursement of any expenses resulting from such litigation.

Severability

In the instance any terms or conditions contained within this mobile application development agreement are found to be ineffective or unenforceable by the court of law, the parties shall have ample opportunity to replace that term with a likewise enforceable term.

The replaced term shall in no way affect the remaining terms; all remaining terms and conditions shall remain in full effect.

​Entire Agreement

This mobile application agreement constitutes the complete and final agreement between the Parties.

This agreement shall supersede any and all previous entered agreements whether written or oral between the Parties.

​Agreement

By signing below, the parties have hereby acknowledged the receipt and understanding of this agreement in its entirety.