This Service Contract Agreement (the “Agreement”) is made and entered into as of the [DATE] by and between [COMPANY NAME], a South African corporation (“Company”), and LUNA9 PTY LTD & LUNAQ PTY LTD, a South African corporation (“Luna”).
In consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
Services.
Luna agrees to provide Company with access to its online digital app management software using the Shoutem platform (the “Services”). The Services will be provided for a minimum term of 12 months (the “Term”).
Fees.
The company will pay Luna a monthly fee for the Services in the amount of [AMOUNT] (the “Fee”). The Fee will be due and payable on the first day of each month.
Ownership.
Luna owns all rights, titles, and interests in the Services, including, but not limited to, all intellectual property rights therein. Company does not acquire any ownership interest in the Services under this Agreement. The application is strictly a RENTAL.,
Self-Management.
The company will be responsible for self-managing the content of its apps using the Shoutem platform. Luna will not provide any assistance with app development, only backend management.
Confidentiality.
Each party agrees to keep all Confidential Information of the other party confidential and to use it only for the purposes of this Agreement. “Confidential Information” means any information, regardless of its form, that is disclosed by one party to the other party in connection with this Agreement, including, but not limited to, the other party’s business plans, financial information, marketing plans, customer lists, and technical information.
No Use of Luna Systems.
The company agrees not to use any Luna systems, including, but not limited to, Luna’s partner/reseller companies, directly or indirectly, for any purpose other than as authorized by Luna in writing.
Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of South Africa.
Entire Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
Severability.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
Waiver.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
11. Notices.
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit on email.