Terms and Conditions for Your Hugomatica Customized App

By submitting your payment for the development of your customized app, you agree to the Hugomatica terms and conditions that govern the conditions between the two parties.

Recitals

PandaTip: This section of the template lays the foundation for the rest of the agreement by listing the basic desires of each party that necessitate the creation of a binding service agreement.

The client contracting for this customized app development will be providing original, non-plagiarized  content of their own creation.The client is contracting with Hugomatica to incorporate the provided content, into the Hugomatica app format and for Hugomatica to upload the app to the iOS App Store.

Deliverables

The client has appointed Hugomatica to perform the services pertaining to the modification of this mobile application as described below.

PandaTip: Use the text field in this section of the template to provide a detailed breakdown of the application being developed.

Source Code License Agreement Template1
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Hugomatica agrees to be available via phone and email to answer questions relative to the app, such as the design and formatting questions. After receiving payment, Hugomatica will not be required to commit more than 2 hours per week for a period of up to 10 weeks if needed for questions and customer relations for each client.

Compensation

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

Upon payment of the Fee listed below, the contract between the parties is in effect. The client has up to 2 years to provide the content and information for the app. After that time, the payment is forfeit and the agreement is considered complete due Client non-performance.

Fee: $4995

Term

This mobile application development agreement shall become effective as of the payment date and will continue for 2 years or until the app is published or rejected by the App Store.

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

Termination Responsibilities

Upon termination of this agreement, the contract responsibilities will be considered duly executed.

Hugomatica will also upon termination of this agreement continue to own all licenses, documentation, and completed work product.

Hugomatica Responsibilities

PandaTip: The next two sections of this template detail the responsibilities of the developer and company who are entering the agreement.

Hugomatica shall customize the mobile application inclusive of all details specified in these Terms and Conditions.

Hugomatica shall test and ensure the application functions appropriately and reliably prior to final upload to the App Store. Any issues caused by Hugomatica coding will be fixed at not cost to the Client.

Hugomatica will allocate the time, energy, and staffing needed to produce quality results.

Upon completion of the mobile application’s development and acceptance into the App  Store, Hugomatica’s responsibilities are deemed complete.

Hugomatica is willing to negotiate in good faith, an additional contract to update the App, if you want to make changes at a later date.

Client Responsibilities

The Client shall provide the materials specified, in the formats specified.

The Client shall provide all needed support and assistance as needed by Hugomatica for the completion of this mobile application development agreement. That may include clarifications of color schemes, etc.

The Client agrees to provide all the necessary information and answers to questions needed to Hugomatica.

Support Period

Hugomatica agrees to provide the Client with a continuance of support for the mobile application for a period of 60 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 is included in the overall price.

Confidentiality

Hugomatica agrees both during and for a period of 60 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

PandaTip: You can alter this section of the template to reflect any warranties offered to the client.

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.

Hugomatica 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 Hugomatica and the Client shall not be responsible for any hiring, supervising, or payment of any individuals assisting the Developer in this agreement.

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

Indemnification

PandaTip: The indemnification section of this template contains standard contract language which protects all involved parties from frivolous legal suits.

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

Return of Property

Within 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 Hugomatica for purposes of supporting this agreement by the Client shall remain the sole property of the Company and shall be returned as such.

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 Client 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 by the respective parties to the following address:

Hugomatica: [email protected]

Governing Law

PandaTip: This section of the template states the jurisdiction under which this contract shall be judged. Both parties should agree on the jurisdiction, as contract law can vary from one place to another and any legal proceedings related to this agreement will have to take place in the listed jurisdiction.

This mobile application developement agreement shall be governed by the laws of California.
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.

Terms and Conditions

 

 

The term Hugomatica or ‘us’ or ‘we’ refers to the owner of the website and the App development team operating under the company name Hugomatica LLC. The term ‘you’ refers to the user or purchaser of our App services. The use of Hugomatica services for helping you get your semi-custom App published is subject to the following terms of use:

 

  • The service and pricing is subject to change without notice. Once your payment has been received, the rate for the service is locked in.
  • You are responsible for the content that you provide and
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without Hugomatica’s prior written consent.