Terms of Use

Last Update: 01/25/2020

Mobile Application Development Agreement
This mobile application development agreement shall be deemed effective as of the date this form is submitted by and between the following parties between the party submitting this form, and Boost Marketing Group LLC.
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 obtain the needed results of this agreement.
Employment
The Company wishes to engage the developer for services as a 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 on the boostgr.com website and on this form.
Compensation
The Parties have agreed that the payments listed on this form are fair and just for the services being provided.  Both one-time development expenses and
All payments shall be due immediately upon commencement of the app.  Monthly payments will be made monthly as outlined on this form.
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:
• In the instance of a material breach of any terms and conditions contained within this agreement.
• 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 to the Company.
The Developer will also upon termination of this agreement turn all licenses, documentation, and completed work over to the Company within 1 day of the termination date.
Upon termination of this agreement, the App created for Company by Developer will be made inactive. NO refunds will be issued. The app will no longer function.
Non-payment, including non-payment of monthly fees will also deem this agreement terminated, and the app disabled.
Developer Responsibilities
The Developer shall create the mobile application inclusive of all 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..
Company Responsibilities
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 a continuance of 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 and 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 it’s 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.
Intellectual Property
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 any 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 is Companies rightful property and they have 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 developement 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 an act of god such as fire, explosion, Flood, or acts out of the control of such party such as riot, war, or terrorism.
In the event of such acts occurring the party is expected to notify the remaining party of such actions as well as a resolution date.
Notice
Any and all notifications in regards to this mobile application developement agreement shall be delivered via email, person, or certified letter by the respective parties to the following addresses:
Boost Marketing Group LLC
396 Pettis Ave Suite 110, Ada MI 49301
info@boostgr.com
Governing Law
This mobile application development agreement shall be governed by the laws of Michigan.
Any and all Litigations pertaining to this agreement shall be under the jurisdiction as so.
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 the 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 as 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
The parties hereby acknowledged the receipt and understanding of this agreement in its entirety.
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