Service Agreement for "Done For You" Service
1. Introduction and Acceptance of Terms
This Service Agreement ("Agreement") outlines the terms and conditions under which Movement Platform PTY LTD ("Provider") offers app configuration and content integration services on the Movement Platform ("Services") to the Client ("Recipient"). By making a payment towards the Services, the Recipient agrees to be bound by the terms and conditions of this Agreement.
2. Intellectual Property Rights
2.1 The Provider retains all rights, title, and interest in any templates, layouts, or other intellectual property developed, created, or used in the course of providing the Services. This includes, but is not limited to, any materials specifically developed for the Recipient.
2.2 The Recipient acknowledges that they do not acquire any ownership rights in any intellectual property created or used by the Provider.
3. Content Provision
3.1 The Recipient is solely responsible for providing all necessary content required for the successful execution of the Services. The Provider's role is limited to app configuration and content integration using the materials provided by the Recipient.
3.2 The Provider is not responsible for creating, developing, or modifying content on behalf of the Recipient.
4. Service Limitations
4.1 The Services are limited to the capabilities and functionalities of the specified platform. Custom development work is not included in the standard Services provided, unless explicitly agreed upon in writing between the Provider and the Recipient.
4.2 The Provider will endeavor to meet the Recipient’s requirements within the scope of the platform’s existing features and functionalities.
5. Marketing Rights
5.1 The Client hereby grants Movement Platform PTY LTD a non-exclusive, royalty-free license to use, reproduce, display, and distribute content, designs, and related materials developed or provided in connection with the 'Done For You' service for Movement's marketing, promotional, and advertising purposes. This includes the right to feature the app in Movement’s online portfolio, social media channels, advertisements, and other marketing materials, ensuring respect for the client's brand and app purpose.
5.2 However, the client retains the right to revoke this license at any time by providing written notice to Movement. Upon receipt, Movement will make reasonable efforts to remove the client's materials from its digital platforms promptly. While immediate removal from existing printed materials may not be feasible, Movement commits to excluding the client's materials from future printed editions as reasonably possible.
6. Payment and Acceptance of Terms
6.1 The standard value for the Services is USD $3,999. The terms of payment, including any deposit requirements, payment schedule, and methods of payment, will be specified in the Order Details.
6.2 The Recipient's act of making a payment constitutes their acceptance of all terms and conditions outlined in this Agreement.
7. No Refund Policy:
Once payment is made by the Client, it is non-refundable. This policy applies irrespective of the stage of completion of the Services at the time of termination or cancellation by either party. The Client acknowledges that this no refund policy is a key component of the pricing and terms offered by the Provider and agrees to it as part of the acceptance of this Agreement.
8. General Terms
8.1 This Agreement constitutes the entire understanding between the Provider and the Recipient regarding the Services and supersedes all prior discussions, agreements, and understandings of any kind.
8.2 Any amendments to this Agreement must be in writing and acknowledged by both parties.
8.3 This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
Date effective: November 15 2023