Agreement For The Development Of A Mobile Application

By Author: Liubawa
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Why do we need a contract
Any contract has two functions - communicative and legal. Communicative helps to make sure that the parties understand each other correctly. They discuss working conditions, come to an agreement and fix these agreements on paper.

The legal function provides insurance in case one of the parties violates obligations. If the dispute cannot be resolved amicably, the arbitration court will help. He will consider the arguments of the parties and make a decision based on the terms of the contract. Therefore, the wording in it should be clear: clarify everything that is unclear, inaccurate and streamlined before signing.

What is the peculiarity of the contract for the development of a mobile application
Application development is a long and complex process, which is influenced by many factors both on the part of the customer and the contractor. It is impossible to prescribe all the nuances and take into account all the risks in the terms of reference. In the course of development, new ideas appear that need to be taken into account, the conditions for using additional services change, ...
... technical problems arise, and crises occur. This leads to missed deadlines and a change in the total cost of the project.

To protect yourself from unforeseen risks, you need to conclude an agreement that will protect both parties. In conflict situations, use it to find a compromise and continue cooperation, and not to put pressure on the other side. Draw up a contract so that the customer and the contractor feel like partners and know that they have equal rights and obligations. Then in the process of work you will not have to waste time on red tape with documents.

The structure of the contract for the development of a mobile application
The contract for the development of a mobile application combines two types of contracts - for the provision of services (the contractor works on the application) and for the transfer of intellectual property rights (the customer receives the result of someone else's intellectual work). It consists of ten items:

1. Subject and main conditions. What? For whom? How much? At this point, agree on the obligations of the parties, the stages of work, the payment process and the electronic signature.

2. Calculations. In this paragraph - about the terms of payment. Is she taxed? When is it considered completed? Do I need to send a paper version of the scanned invoice? The answers should suit both parties.

3. Delivery and acceptance of works. A paragraph about how the work is handed over by the contractor and accepted by the customer. In addition to the obvious things, the paragraph spells out how to behave if something went wrong: the customer does not get in touch with the contractor for a long time or the contractor provides a low-quality result.

4. Transfer of intellectual property. Thanks to this item, the customer receives exclusive rights to everything that was done as part of the project. Agree on when the rights are transferred.

In a separate subparagraph, indicate that the Application (IOS/Android) development company the results of intellectual work of third parties. Ready-made developments - libraries, texts, icons, illustrations, program codes - make development faster and cheaper. Often they are freely available and do not require an additional agreement. But their use may be accompanied by conditions that are important to consider. Not all ready-made solutions can be used in commercial closed software.

Example. You are developing a mobile messenger with a paid subscription. To save time, you use the modified Telegram code, which is in the public domain. According to its distribution terms, you must open the final code of your application to everyone.