1. Defintions
1.1 “Developer” refers to Purple Stones, a sole proprietorship with VAT number NL003687839B12, located at Engweg 10 C, 3972JH Driebergen-Rijsenburg, Netherlands.
1.2 “Client” refers to the individual or entity contracting the services of the Developer.
1.3 “Services” refers to mobile app development, backend services, website development, consulting, and other related activities provided by the Developer.
2. Scope of Services
2.1 The Developer shall provide development services for mobile applications, websites, back-end systems, and related consulting as specified in the project agreement or specifications.
2.2 The Client acknowledges that any feature or functionality not explicitly mentioned in the agreement or specifications is not included in the Developer’s obligations.
3. Payment Terms
3.1 The total cost for the services shall be agreed upon in advance and invoiced in three installments:
● 35% of the total fee upon signing the contract
● 35% upon reaching the halfway point of the project
● The remaining 30% upon completion and delivery of the project
3.2 The Developer will not release the project or make it live until the final payment has been received in full.
3.3 Payments must be made within 14 days of receipt of each invoice.
4. Support and Maintenance
4.1 Maintenance and support are available at an additional cost, to be agreed upon between the Developer and the Client.
4.2 The Developer is not responsible for any ongoing maintenance unless explicitly agreed upon in a separate contract.
5. Project Delays and Termination
5.1 If there are any delays caused by the Client (e.g., failure to provide materials or information), the Developer may adjust the project schedule and/or charge additional fees.
5.2 Once the upfront payment has been made, it is non-refundable. If the Client wishes to cancel the project at a later stage, they must first pay for all work completed up to that point, regardless of whether the project is fully completed. Only after this payment has been made can the project be terminated.
6. Intellectual Property
6.1 The Developer retains full ownership of any pre-existing intellectual property used in the development process, including but not limited to code libraries, frameworks, tools, and methodologies. These remain the Developer’s intellectual property, and the Client is granted a non-exclusive license to use them as part of the final product.
6.2 The Client shall own the final deliverable (e.g., mobile app, website) upon full payment. However, the Client acknowledges that the final product may incorporate third-party components (such as open-source frameworks or APIs) that have their own licensing terms, which the Client must comply with.
6.3 For the Services, the European Union Computer Programs Directive (currently: 2009/24/EC) applies. The Client owns the content within the software (e.g., text, images, trademarks, and other proprietary material) and is responsible for ensuring compliance with applicable intellectual property laws.
6.4 The Client retains ownership of all App Store and Google Play accounts. The Client must create these accounts and grant the Developer administrative access solely for the purpose of uploading and maintaining the app. The Developer is not responsible for any legal or financial obligations related to these accounts, including compliance with App Store and Play Store policies.
7. Confidentiality
7.1 Both parties agree not to disclose any confidential information received during the course of the project to third parties without the prior written consent of the other party.
7.2 Confidentiality obligations will remain in effect for five years following the launch of the final product.
8. Limitation of Liability
8.1 The Developer shall not be liable for any damages arising from the use or inability to use the product delivered, including but not limited to loss of data, revenue, or reputation.
8.2 The Developer is not responsible for issues arising from third-party services or platforms integrated into the Client’s project.
9. Changes to Specifications
9.1 If the Client requests changes to the project specifications, the Developer will assess whether the requested changes can be accommodated without affecting the timeline or additional costs.
9.2 Any additional costs or delays caused by changes to the specifications will be discussed and agreed upon by both parties before proceeding.
10. Governing Law
10.1 This Agreement shall be governed by and construed in accordance with the laws of the Netherlands.
11. Miscellaneous
11.1 This Agreement constitutes the entire understanding between the Developer and the Client. Any modifications must be made in writing and signed by both parties.
11.2 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full effect.