SERVICE AGREEMENT
BETWEEN
________________________ (THE COMPANY)
AND
___________________(THE APP DEVELOPER)
THIS AGREEMENT is made on the …………..day of……….20……., entered into by the Company
and the App Developer (Company and App Developer collectively referred to as the “Parties” or
individually as the “Party”) and includes that Party’s successors and assigns.
In consideration of covenants and agreements contained in this agreement, and other good and
valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the following
terms and conditions and to be bound thereby:
- COMMENCEMENT AND DURATION
This agreement shall be valid from the Effective Date until ___________________date. - SERVICES
The App Developer, is an Indian based software application (APP) developer company; and shall
provide a Ride Share / Taxi transportation application (APP) for the Company. The App Developer
shall use reasonable good faith efforts in providing the services, and per industry standards. - CONTRACT SUM
In exchange for the services, the Company shall pay the App Developer $________________which
shall be due on ________________. - PARTIES’ REPRESENTATIONS AND WARRANTIES.
The Parties represent and warrant the following: There is no contractual obligation to which they are
subject, which prevents them from entering into this contract or performing their duties entirely under
this contract. - EQUIPMENT (select one)
Except as otherwise provided in this agreement, the App Developer will provide any resources
necessary to deliver the services per the agreement at the App Developer’s own expense. - INDEMNIFICATION
The APP developer agrees to indemnify, hold harmless and defend the Company and its directors,
officers, employees, and agents from and against any incidental, consequential, indirect or special
damages, or for any loss of profits or business interruptions caused or alleged to have been caused
herein. - INDEPENDENT CONTRACTOR
The relationship of the parties hereto is that of an independent contractor. Accordingly, the Parties
hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this
agreement or the transactions contemplated thereby. The Contractor hereby agrees that it will not
represent to any third party that its engagement by the Company is in any capacity other than as an
independent contractor. - NON-ASSIGNMENT
The App Developer shall not transfer or assign this agreement without the Company’s consent.
However, the Company may transfer or assign this agreement or subcontract its obligations hereunder
at any time without the App Developer’s consent. - RETURN OF THE PROPERTY
Upon the expiration or termination of this agreement or request by the Company, the App Developer
will return to the Company any property, documentation, records, or confidential information that is
the Company’s property. - DISPUTE RESOLUTION
Parties agree to settle disputes under this Agreement through (select one)
☐Negotiation ☐Mediation ☐Arbitration
☐Litigation. - TERMINATION
Either Party may terminate this Agreement, upon giving the other Party no less than 30 days’
notice in writing. If a Party wishes to terminate the contract with less than this stated period,
the other Party reserves the right to charge costs that they have already paid in advance or
incurred.
The termination of this agreement shall not discharge the liabilities accumulated by either
Party.
Any Clauses intended by the Parties or this agreement to survive the termination of this
agreement shall survive the termination of this agreement by whatever cause. - FORCE MAJEURE
For this agreement, “Force Majeure” means an event which a diligent party could not have
reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is
not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions,
strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by
government agencies. A Party’s failure to fulfill its obligations due to Force Majeure, shall not be
considered a breach of this agreement, provided that the Party has taken all reasonable precautions,
due care, reasonable alternative measures, and minimal delay all to carry out the terms of this
agreement. - CONFIDENTIALITY
The App Developer shall not at any time disclose, directly or indirectly to any other person any
information concerning this agreement or any additional information of any nature whatsoever
concerning the Company, whether such information or matter is stated to be confidential or not,
without the express written permission of the Company. The App Developer shall not, without the
prior written approval of the Company, use for App Developer’s benefit, or permit the use by others
for their benefit or to the detriment of the Company, any information concerning this agreement or any
additional information of any nature whatsoever concerning the Company, whether such information
or matter is stated to be confidential or not. The App Developer shall only use any information
concerning this agreement or any additional information of any nature whatsoever concerning the
Company, whether such information or matter is stated to be confidential or not for fulfilling their
obligations under this agreement. - DRAFTING RESPONSIBILITY
Neither party shall be held to a higher standard than the other party in the interpretation or
enforcement of this Contract as a whole or any portion hereof based on drafting responsibility. - CHANGES TO THE AGREEMENT
Either Party may request changes to the agreement, but they will only be effective if agreed in writing,
signed by all Parties, and recorded. If any ambiguity is found in the agreement or various documents
forming this agreement, the Parties shall issue any necessary clarification or instruction. - NO WAIVER
Except where otherwise provided, failure by the Company to enforce any of these terms or conditions
shall not be a waiver of their right to enforce them. No waiver by the Company of any breach of, or of
compliance with, any condition or provision of this Agreement by the APP Developer shall be
considered a waiver of any other condition or provision or of the same condition or provision at
another time. - SEVERABILITY
The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable,
it shall not affect the validity or enforceability of any other provision. - COUNTERPARTS
This agreement may be executed in any number of counterparts, each of which shall be deemed to be
an original and all of which taken together shall constitute one instrument.
- ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or
written agreements or understandings between the Parties concerning the subject matter of this
agreement. All documents annexed to this agreement shall be subject to the terms under this
agreement, provided that the Parties append their signatures on the documents. The Parties will
exercise utmost good faith in this agreement. - HEADINGS
The article and section headings in this agreement are for convenience; they form in no part of this
agreement and shall not affect its interpretation. - PRONOUNS
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter,
singular, or plural, as the identity of the person or entity may require. As used in this agreement: words
of the masculine gender shall mean and include corresponding neuter words or words of the feminine
gender, and words in the singular shall mean and include the plural and vice versa. - NOTICES
Any notice required to be given between the Parties pursuant to the provisions of this Agreement shall
be in writing and shall be deemed duly given:
(i) if delivered by hand and receipted for by the party addressee, on the date of such receipt,
(ii) (ii) if mailed by domestic certified or registered mail with postage prepaid, on the third
business day after the date postmarked, or
(iii) sent by email.
at the following addresses or such changed address as the Party shall have specified by written notice,
provided that any notice of change of address shall be effective only upon actual receipt.
Any notice delivered by email shall request a receipt thereof confirmed by email or in writing by the
recipient, and the effective date of such notice shall be the date of receipt, provided such receipt has
been confirmed by the recipient.
THE COMPANY: _______________________________
THE APP DEVELOPER: _______________________________ - APP DEVELOPER ACKNOWLEDGEMENTS
The App Developer acknowledges that they have been provided with the opportunity to negotiate this
agreement and to seek legal counsel before signing this agreement. The App Developer acknowledges
that the restrictions imposed are fair, reasonable, and necessary to protect the Company’s legitimate
business interests and will not place an undue burden upon their livelihood in the event of enforcement
of the restrictions. In addition, the App Developer acknowledges that they have the capacity to
contract and enter into this agreement and that further, they have entered into this agreement freely
and voluntarily. - GOVERNING LAW
This agreement shall be governed in all respects by the laws of California without regard to its conflict
of laws provisions.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year
set forth below.
Signed by the duly authorized representative of
the COMPANY
Signature:
Name:
Signed by the duly authorized representative of
the APP DEVELOPER
Signature:
Name:
Designation:
Date:………………………………………………….
.
Designation:
Date:………………………………………………….
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