Terms of Service

This agreement establishes a development contract between XPRESS Tech Creations LLC (Developer) and Clients.

Services Requested

The Client has requested one or more development services meeting the standards contained within this agreement:

(1) iOS mobile application development
(2) Android mobile application development

(3) Website development
(4) Continuous support and marketing of all developments after completion

The Developer is engaged in the fulfilling of such services and holds all the necessary tools to obtain the needed results of this agreement.

Employment

The Client wishes to engage the Developer for services as an independent contractor for the sole purpose of fulfilling this development agreement. The Developer is, for the sake of this development agreement, an independent contractor and under no condition shall be considered an employee of the Client.

Deliverables

The Client has appointed the Developer to perform the services pertaining to this development agreement. The Developer agrees to provide information on all development statuses requested by the Client. The Developer agrees to provide the Client with a continuance of support for all developments until termination of agreement. The support provided shall be inclusive of any repairs and updates related to the software.

Compensation

The Client agrees that the fees listed in this development agreement are fair and just for the services being provided by the Developer. All fees shall be invoiced to the Client. Invoice payments will be due to the Developer no later than 14 days after The Client is invoiced.

Fees

Taxes may be applied to final invoice amounts. Additional fees from Stripe, Google, Apple and Strikingly services may apply.

Refund Policy

All sales are final. Refunds may be given at the Developer’s discretion.

Term

This development agreement shall become effective as of the agreement date and will continue until all services are completed and approved by the Client or termination is requested by either party.

Client Responsibilities

(1) The Client shall pay all outstanding invoices due to the Developer.
(2) The Client shall respond to all communication from the Developer by phone call, text messaging, video chat or email no later than 14 days after last communication.
(3) The Client shall provide all needed support, assistance, information and services requested by the Developer for the completion of this development agreement.
(4) The Client gives The Developer the right to use any technology or content developed under this agreement for business purposes.

Confidentiality

The Developer will hold specific materials at a level of the highest confidence during this agreement. This is limited to any internal Client data and trade secrets.

Warranties

The Developer has full authority to perform any and all deliverables contained in this 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 by the Developer in a legally acceptable manner and shall not violate any local or federal laws and regulations. The Client or Developer may be responsible for any hiring, supervising, or payment of any individuals assisting the Developer in this agreement. The Client or Developer shall remain responsible for any employees they hire and expenses they incurred during this agreement.

Assignment

The Client does not reserve the right to assign this agreement without prior written consent between the parties. The Developer may assign, subcontract or delegate any portion of this development agreement without prior written consent between the parties.

Indemnification

The Developer shall indemnify and hold the Client and affiliates of the Client 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 Client shall indemnify and hold the Developer and affiliates of the Developer harmless for any and all damages, losses, expenses, claims, liabilities and judgments that may arise from the result of the Client’s own misconduct or negligence.

Intellectual Property

The Client acknowledges any and all text, photos, trademarks, designs or other artwork given to the Developer is the Client’s rightful property and they have the appropriate permissions to use products as such. In the instance the Client becomes aware of any infringement taking place, the Client will be responsible for notifying the Developer as well as seeking the needed permissions.

Amendments

No Amendments or modifications of this agreement shall be permitted without prior written consent between the parties.

Termination

This development agreement may be terminated by either party for the following reasons:

(1) Breach of any terms and conditions contained within this agreement.
(2) The Client receives a conviction of a crime or files for bankruptcy during this agreement.
(3) The Developer considers the relationship with the Client hostile, unsafe or a conflict of interest.

Termination Responsibilities

Upon request by either party to terminate this agreement, the Developer will submit an invoice to the Client for all services completed to date. The Client shall pay all outstanding invoices due to the Developer no later than 14 days after final invoice is received to fulfil agreement termination. The Client may lose access to technology and content developments after agreement is terminated. The Developer retains the right to use any technology or content developed under this agreement for business purposes after agreement is terminated.

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. Any and all notifications pertaining to this development agreement shall be delivered via phone call, text messaging, video chat, email or in-person.

Covenant Not to Sue

The Client or any affiliate agrees to not sue, file, claim or cause any legal action against the Developer. Any such action shall be dismissed upon application and shall be referred for arbitration.

Governing Law

This development agreement shall be governed by the laws of Tennessee. Any and all arbitrations and litigations pertaining to this agreement shall be under the jurisdiction of Sumner County, Tennessee. The Developer shall retain the right for reimbursement of any expenses resulting from arbitration or litigation by the Client or any affiliate.

Severability

In the instance any terms or conditions contained within this 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. All remaining terms and conditions shall remain in full effect.

Agreement

This development agreement constitutes as the complete and final agreement between the parties. This agreement shall supersede any and all previously entered agreements whether written or oral between the parties. You understand and agree that we may change this agreement at any time without prior notice. Any changes to this agreement will be posted on this page and will indicate the latest revision. The parties hereby acknowledged the receipt and understanding of this agreement in its entirety.