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www.truthcasting.com Phone: 214.440.4040 Fax: 214.550.2655
DEVELOPMENT OF CUSTOM iPhone APPLICATION AGREEMENT
Contact Name: Ministry Name: City/State/Zip Phone:
TruthCasting 5151 Belt Line Road, Suite 900 214-440-4040
City/State/Zip: Dallas, TX 75254 Phone:
This Service Agreement (the "Agreement") is made and Month entered into under the terms and conditions as described herein this... Day by and between The Pursuant Group, Inc. (d/b/a “TruthCasting”), whose principal place of business is located at 5151 Belt Line Road, Suite 900, Dallas, TX 75254, and... [Ministry Legal Name] whose principal place of business is located at... [Street Address] [City]
WHEREAS, TruthCasting provides an internet distribution service (the “Service”) through its website www.truthcasting.com and other media outlets it may utilize from time to time in its discretion, (collectively, the “Website”) to its registered users (“Registered Users”) whereby such Registered Users can access video and audio recordings of sermons preached at a Client's church or organization (the “Content”), and WHEREAS, Client desires to purchase the Service from TruthCasting; and WHEREAS, TruthCasting has agreed to provide the Service to Client pursuant to the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the foregoing recitals and mutual covenants hereinafter set forth, and other good and valuable consideration, TruthCasting and Client agree as follows:
1. Client shall retain Contractor to render the services (the “Services” or “Engagement”) described in the Statement of Work (hereinafter, “Statement of Work”). The Statement of Work for this contract includes the development of an “iPhone App” for the Client. The iPhone App will be customized to include Client's name, logo, channels, and content. TruthCasting will manage the application development, submission to Apple, and in-version releases. The iPhone App content is managed through TruthCasting.com's free service. 2. For service rendered, Client shall pay to Contractor a fee of $1,995. Said fee is to be paid 50% due on signing of contract, and balance due when the iPhone App is submitted to Apple and available in the App Store. 3. TruthCasting is retained only for the purposes set forth in the Statement of Work. The services are of a consulting nature and will be based upon information Client makes available to TruthCasting during the engagement. Client will also have certain responsibilities related to the success of the engagement, as set forth in the Statement of Work, and if such responsibilities are not met, TruthCasting may not be able to perform the engagement or do so in a timely fashion. The selection of any products or services to be purchased from other parties, and the adequacy of such products or services for Client's needs, are management decisions that are made solely by Client. 4. TruthCasting warrants that it will perform its services in a professional manner and in accordance with the standards of the consulting industry. THIS WARRANTY IS IN LIEU OF, AND TRUTHCASTING EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TruthCasting cannot and does not warrant computer hardware, software or services provided by other parties.
5. Except as provided below, the deliverables identified in the Statement of Work (“Deliverables”) shall be sole and exclusive property of TruthCasting. Upon your payment to TruthCasting for such Deliverables, TruthCasting will grant a license to use Deliverables for Client's organization. TruthCasting's work papers shall not constitute a Deliverable and shall remain the sole and exclusive property of TruthCasting. “Work papers” shall mean those documents prepared by TruthCasting during the course of performing the engagement including, without limitation, schedules, analyses, transcriptions, memos and working notes that serve as the basis for or to substantiate the services performed and/or any Deliverables. In addition, TruthCasting shall retain sole and exclusive ownership of and all right, title and interest in and to, (a) its know-how, concepts, techniques, methodologies, ideas, templates, routines, sequences, software, firmware, designs, scripts, interfaces, programming code, applets, executables, objects, files, utilities and tools that existed prior to this engagement (collectively, “TruthCasting Building Blocks”) and (b) ideas, concepts, techniques and know-how discovered, created or developed by TruthCasting during this engagement that are of general application and that are not based on Client's information. Client agrees not to sublicense or otherwise grant any other party any rights to use, copy or otherwise exploit or create derivative works from TruthCasting Building Blocks. 6. Client may terminate this agreement at any time upon thirty (30) days' prior written notice. In the event of such termination, Client will pay TruthCasting for any and all remaining payments left outstanding as per the terms of paragraph 2 above. 7. This agreement and the rights and duties of the parties will be governed and construed in accordance with Texas law without regard to its conflicts of law principles. Any controversy or claim arising out of or relating to this agreement, or the services performed hereunder, shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Each party shall bear its own attorneys' fees and costs, including its share of the costs of the arbitration, provided that the prevailing party (as designated by the arbitrators in their award) shall be entitled to recover its costs and reasonable attorneys' fees from the non-prevailing party. 8. Neither party may assign this agreement or delegate any duties hereunder without the prior written consent of the other party; provided, however, that either party may assign this agreement, without such consent, to any person or entity that acquires all or substantially all of such party's business or assets related to the performance of this engagement or succeeds to such party's interest in this agreement by merger, consolidation, corporate reorganization or similar business combination. This agreement letter will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. 9. Both parties agree that this Agreement will act as an addition or amendment to the “TruthCasting Internet Distribution Services Agreement” which allows the Client use content hosting and archiving services, and TruthCasting Sling Shot software. Please fill in or correct your contact information in appropriate spaces and then, if everything is correct, you may sign the document and 1) email it to firstname.lastname@example.org, or 2) fax it to 214-550-2655. If you have any questions about the agreement, please email email@example.com or call 214-440-4000. Thank you and we look forward to serving your ministry.
Please fill in or correct your contact information in appropriate spaces and then, if everything is correct, you can electronically sign the document. No changes may be made once you sign the document so please make sure all information is filled in and correct. If this is your first time to use Adobe Reader, you will need to create an account in order to sign the form. Once you click "Sign Here" in the bottom right corner you will be prompted to choose one of four options. If you do not have an Adobe account, choose "Create a self signed digital ID with Acrobat" and follow the instructions to create and save your digital id. Make sure to remember your password, as you will need it every time you sign an insertion order. If you already have an account, enter your password to sign the document.
SIGNATURES IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the day and year first above written.
________________ By: Its: Contractor: Current Date Ministry Name Sign Here Ross Miller, Chief Operating Officer The Pursuant Group, Inc. d/b/a TruthCasting
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