Agreement

This Website and Mobile App Maintenance Agreement (the “Agreement”) is entered into by and between CLIENT and Evgenii Makarenko, an independent contractor based in California, with its principal place of business at 1221 Whitney Ranch Pkwy #1135, Rocklin, CA 95765.

Terms:

Client is a user who purchase services on FluentApp.

Client Portal is an internal web portal on https://fluentapp.us website, where Client can describe tasks, get an consult, an estimate, and keep communicating during the performing services.

  1. Services. Contractor agrees to provide website or mobile app maintenance and support services to Client, which may include, but are not limited to, error fixing, creating new functionality, and other related tasks as mutually agreed upon by the parties in the ticketing support client area (“Client Portal”). Contractor shall provide such services in a timely, professional, and workmanlike manner, and in accordance with industry standards. Client shall submit all requests for Services through the Support System. Contractor shall use commercially reasonable efforts to respond to each request within 2 (two) business days.
  2. Payment. Client agrees to pay Contractor for the Services rendered in accordance with the pricing set forth in the Client Portal. Contractor shall commence work upon receipt of the initial payment of 50% of the estimated cost of the Services. The remaining 50% of the estimated cost of the Services shall be due upon completion of the Services. Contractor shall not be obligated to commence work until receipt of the initial payment. All payments shall be made in United States dollars.
    If the Services are not completed for any reason, the portion of the initial payment that reflects the work performed by Contractor up to the time of termination shall be retained by Contractor as a fee for work performed. In the event that the total cost of the Services exceeds the initial estimate, Contractor shall provide Client with a revised estimate and obtain Client’s approval before proceeding with any additional work.
  3. Term. This Agreement shall commence on the date of execution and shall continue until terminated by either party upon 10 days’ written notice.
  4. Client’s Responsibilities. Client shall cooperate with Contractor in the performance of the Services, including providing access to the website or mobile app code and providing timely feedback and approvals.
  5. Ownership. Client shall retain all rights, title, and interest in and to the website or mobile app, including all content and intellectual property rights therein. Contractor acknowledges that it shall have no ownership or other rights in or to the website and mobile app, except for the right to use the website and mobile app as necessary to perform the Services.
  6. Confidentiality. Contractor shall maintain the confidentiality of all information provided by Client in connection with the Services and shall not disclose such information to any third party, except as required by law.
  7. Limitation of Liability. Contractor shall not be liable to Client or any third party for any damages arising out of or in connection with the Services.
  8. Independent Contractor. Contractor is an independent contractor and not an employee of Client. Contractor may, in its sole discretion, engage the services of subcontractors to assist in the performance of the Services. Contractor shall be solely responsible for paying all taxes, including self-employment taxes, and for obtaining all necessary licenses and permits for itself and its subcontractors. Contractor shall remain fully liable for the acts and omissions of its subcontractors in the performance of the Services under this Agreement.
  9. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.
  10. California Law. This Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in California, and each party hereby consents to the jurisdiction of such courts for such purposes.
  11. California Consumer Privacy Act (CCPA) Compliance. Contractor shall comply with the requirements of the California Consumer Privacy Act (CCPA) with respect to any personal information of California residents that is processed, accessed, or transferred in connection with the Services. Contractor shall maintain reasonable administrative, physical, and technical safeguards to protect such personal information from unauthorized access, disclosure, or use.