MOBILE APP DEVELOPMENT AGREEMENT

 

This Mobile App Development Agreement (the “Agreement”),  BETWEEN Netsurf Advertising, LLC (the “Service Provider”), and the person or business who purchases a mobile app on this site(the “Client’), is further described as follows:

  • Service Provider, the developer of Mobile Applications, agrees to create a Mobile Application, for sharing and use, as client sees fit on smart devices that operate using Android and IOS operating systems. 

 

  • Client agrees to pay Service Provider for the development, creation and design of said App according to the payment selected at time of signup for an app to be built.

 

  • Client agrees to allow Service Provider the right to use Client’s Website, Facebook Images, or other Client specific Intellectual Property in order to facilitate the building of the Client specific App, as described in Schedule A (the “Product”).

 

  • Service Provider agrees to transfer all rights to App to the Client, wholly, with the exception of material that is considered a part of public domain, pre-existing works, or materials licensed by third-parties.

 

  • This Agreement and the obligations of the parties hereunder shall be interpreted, enforced and governed by the laws of the State/Provence of Arizona.

 

  • This AGREEMENT is entered into on the date of signup between Netsurf Advertising, LLC and the client who purchases an app.

 

 

Schedule A

  • The mobile app will be built according to the App plan selected and the information received from the App Design Form submitted at the time of signup.  The quanity of features is determined by the App Plan selected and the client's current products to connect to.  For example, customers without a website will not have the website feature built into their app, customers without a twitter account will not have the twitter feature built into their app.

 

 

MOBILE APP MAINTENANCE AGREEMENT

 

This Service Agreement (the “Agreement”), dated on the date of signup, BETWEEN Netsurf Advertising, LLC (the “Service Provider”), and client, is further described as follows:

 

  • Service Provider, a creator/developer of apps, agrees to provide custom web based services, maintenance, updates and/or other app related services to client according to the following terms:

 

  • App is considered complete when approved for distribution on The App Store and/or The Play Store.  (App Store for iOS Apple apps and/or the Play store for android apps)  

 

  • Some of the links within the app require outside authorization, such as the Local RSS through Topix.com, and it is client's responsibility to obtain and pay for if required these services.  

 

  • Push Notices, Coupons, Loyalty Rewards, Events Calendar require a monthly maintenance service plan to use, Netsurf Advertising, LLC is a seller of these services and charges a monthly fee to use these services.  

 

  • Netsurf Advertising, LLC shall not be held responsible for any service interruptions or problems with the services, except to the extent of the current monthly bill prorated daily, in which a service interruption occurs.  Please report any service interruptions as soon as possible, to receive a refund of the days charged without service.  

 

  • In the unlikely event that Netsurf Advertising, LLC discontinues servicing apps, no credit shall be issued to cover the design cost of building client's app.  Netsurf Advertising, LLC is under no obligation to continually supply service forever for client's app, only for the current month that client is being charged.  

 

  • Prices for monthly service shall rise by no more than 10% per year. 

 

  • As part of client's rate for the development of my app, CLIENT agrees to maintain monthly service with Netsurf Advertising, LLC for app for a minimum of 36 months.  After that point client is never under any obligation to pay for monthly service, however if client elects to discontinue maintenance service.  The original files will be emailed to client, if requested, without the features that require monthly service.  Client may take these files and resubmit on their own android and apple developer accounts.  

 

  • If client's account becomes dilenquent by more than 30 days, client's app may be suspended.  When app is suspended, it may be  removed from App Store and Play Store, and the features requiring service may be discontinued.  There is a $250 reconnection fee, if your app is suspended.

 

  • Netsurf Advertising, LLC is under no obligation to maintain my app, if Android or Apple ever discontinue allowing your app to be available, additional fees may be required to update the app according to Android or Apple’s new guidelines.  Additional customization may be available for additional features, however Netsurf Advertising, LLC shall provide client a separate quote upon completion of the initial design and approval.

 

  • Client agrees to provide Netsurf Advertising, LLC all required logos, images, and information in a timely manner.  

  • Client understands that the approval process can vary in time it takes to get an app approved, but generally less than 60 days.  It typically takes about a month for both apps to be designed and approved, unless Netsurf Advertising, LLC is backlogged with apps, then apps will be completed in the order received. Client agrees that in the event of a severe backlog of apps (your app development taking longer than 3 months), client will receive a $50 credit for each full month delay not including the first 3 months, but not to exceed $200 in credit.  This credit is only redeemable for monthly services.

 

  • Minor App changes will be allowed at no cost for up to 30 days upon completion of the app, and one time per year thereafter.  If client would like to add additional features or include features that were omitted from the original app design, client shall have 30 days from the completion of the app to request these features be added.  Any changes requiring more than 30 minutes of work shall be charged at a rate of $80 per hour, billed in 15 minute increments.  After the initial 30 days following completion of the app, client will be charged $80 per hour for modifications or to add additional features.

 

  • Client is allowed to send 10 push notitces per month.  Any abuse of quantity, or of Google or Apple's policy in regards to Push Notices or Push Notifications may result in your account being terminated, app being deleted from App Store and Play Store, and immediate collection of all money owed for the current and future contract period for Maintenance (Not to exceed the cost of the app design+36 months of service)

 

  • Custom menus, colors, special images, are to be provided by client.  

 

  • Additional coupons are billed at $30 per coupon to add to app.  

 

  • Resetting the passcode for sending push notices is $30 per occurence.  

 

  • Resetting the passcode for Coupons or Loyalty card is $20 per occurance.  

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  • Our ecommerce feature only works with paypal payments.  Client must provide paypal shopping cart details within 7 days of this invoice, for shopping cart to be included in app.  Up to 50 items included in e-commerce portion, additional items are billed at $5 per item. 

 

  • Late payments and non-payments are subject to $5 per day late fee.  At the conclusion of my initial 36 months I shall own my app.

 

  • This Agreement and the obligations of the parties hereunder shall be interpreted, enforced and governed by the laws of the State/Provence of Arizona.

 

  • The only way to cancel your service is to complete the form here and inform Netsurf Advertising, LLC of your intention to cancel.  If you cancel your service prior to the initial 36 month agreement, you will be charged at the time of cancellation the total of 50% of the cost of the remaining months of the agreement.  

 

  • All cancellations must be received at least 30 days prior to your charge date, to avoid not being charged for the following month.
     

CONTACT US:

 

Netsurf APPS

A Division of Netsurf Advertising, LLC

 

 

 

© 2015 by Netsurf Advertising, LLC

 

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