AGREEMENT entered into as of 1st November 2014, between Firefish LLP located at 47 Hill Street #06-06 Singapore 179365 (hereinafter referred to as the “Firefish”) and Stark Digital Media Services Pvt Ltd located at R/t- 5, A Type Building, Dhanalaxmi Park,, Opposite Kothrud Bus Depot, Paud Road,, Pune, Maharashtra 411038, India (hereinafter referred to as “Developer”).
The Parties hereto agree as follows:
The Developer agrees to perform the following services for Firefish:
The Developer shall complete the services pursuant to the following schedule:
The Developer will provide a status update daily via email. The Developer will response any enquiry via email within 24 hours. The Developer will meet Firefish via Skype every 2 days for a more detailed update on project status.
Firefish shall pay the Developer a flat rate of USD800 nett. The Developer will cover any additional expenses that may arise from the project.
Payment shall be made via Elance escrow services according to the following payment schedule:
Project Kickoff: USD250
Beta Release: USD250
Final Release: USD300
The Developer warrants as follows:
The Developer agrees to transfer all rights of code, design and any other materials that can be protected by copyright, trademark, or other forms of intellectual property to Firefish. The Developer also agrees not to reuse or resell the final release, or any part of the code to any other party. Firefish reserves the right to use to code or the final release to whatever purpose they deemed fit.
In the event that the Developer is not able to deliver the project according to the specifications or to the satisfaction of Firefish, Firefish reserves the right not to pay the Developer. Firefish also reserves the right to claim damages of up to USD800 for non-performance.
Both parties agree that the Developer is an independent contractor. This Agreement is not an employment agreement, nor does it constitute a joint venture or partnership between Firefish and Developer. Nothing contained herein shall be construed to be inconsistent with this independent contractor relationship.
This Agreement may not be assigned by either party without the written consent of the other party hereto.
All disputes shall be submitted to binding arbitration in Singapore and settled in accordance with the laws of Singapore.
This Agreement constitutes the entire agreement between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that oral authorizations of additional fees and expenses shall be permitted if necessary to speed the progress of work. This Agreement shall be binding on the parties, their heirs, successors, assigns, and personal representatives. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of Singapore.
The Developer hereto has signed this as of the date first set forth above.