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How to Freelance for Mobile Developers
             Lesson 4 of 6

     Creating Contracts or
      Service Agreements



                                 AppBuilderTV.com
The Biggest Mistake Most
           Freelancers Make
●   Probably the biggest single mistake new
    freelancers make is taking on a project without
    doing up a formal written agreement.
●   If you operate without any kind of written
    agreement, you will get burned, it's just a
    question of time, so don't take the risk.
●   People new to freelance often think that doing
    up a formal agreement will scare away
    customers or that they don't have the money to
    pay an expensive lawyer to create one.
                                           AppBuilderTV.com
Keep it Simple
●   No need to get all legalese on anybody
●   Keep your agreements simple
●   Keep it clear
●   Use plain language
●   Keep it short
●   Bulleted lists work great
●   The majority of problems that will happen on a
    project usually revolve around a mismatch in
    expectations
A Few Things Every Service
          Agreement Should Have
    There are some basic things every service agreement should contain, which
    includes:
●   The name, address and contact details for the client and the freelancer
●   The scope or description of the project and work you will be doing for the
    client.
●   The responsibilities that you will take on during the project
●   The responsibilities that the client will take on during the project
●   An indication of time estimates and finishing dates
●   Your rate or estimated cost of the project and payment schedules
●   A termination clause
●   Tax information and retainer info
●   IP and ownership
●   A place for a signature and date for you and your clients
                                                                           AppBuilderTV.com
Contact Details

●   Your service agreement should have your name
    address, company name (if you have one), postal
    code or zip code. You'll need the same info about
    your client which you may need to look up or ask them
    for.
●   You'll want the name of the person who actually signs
    the contract in addition to their company name if they
    have one.




                                                   AppBuilderTV.com
Scope and Description
●   You'll want to state, in clear and simple terms the
    nature of the work you will be doing for the client.
●   You are obligating yourself to do anything on this list,
    so be as clear as you can. “Build an App” is not
    sufficient. What kind of App? What features will it
    have? What technologies will you use? How will it be
    tested?
●   If you are to loose with the scope of your agreement,
    what happens quite often is clients ask for more and
    more little things to be added or changed and may
    expect you do do them for free.
●   Be very clear in your agreement that items and
    requests that fall outside the scope are billable and
    may add additional costs.
Your Responsibilities
●   In addition to clearly describing the work you are about to
    undertake you should also establish other ground rules before
    the project starts like:
●   What your contact hours are and the modes of communication
    you will use. Are you a 9-5 type and prefer talking on the
    phone? Maybe you'll work on the weekends and use Skype to
    talk with your client.
●   You may wish to state that you are not responsible for any
    marketing and business development for the App, unless you
    are providing this service.
●   You should state that you will notify the client when a request
    falls outside the scope of the agreement.
●   You should state that you will make the client aware of any
    events and obstacles that come up that could impede
    progress and change the timeline.
                                                          AppBuilderTV.com
The Clients Responsibilities
●   You may wish to state that the client is responsible for all
    marketing and business aspects of the App, unless you are
    providing these services as well.
●   You should state what assets the client is expected to provide
    for the project, including text, images, audio or any other assets
    that you won't be providing.
●   You should state when and how the client is responsible for
    paying you. I would recommend you break the project up into
    chunks and schedule payments upon initiation or completion of
    each chunk. Waiting for one big payout at the end of a project
    has just about done in many a freelancer.
●   You should state that the client is responsible for providing
    timely feedback and answering any questions you may have.
●   If the App needs to be approved by Apple, the client should be
    aware you can not guarantee that the app will be approved.
Time Estimates and Finish Date
●   You should usually provide some kind of time
    estimate as to when different parts of the project will
    be done and when things will wrap up.
●   Unless you are absolutely sure you can get
    something done by a particular date, always state that
    they are estimates and could be subject to change.
●   Unexpected things will always pop up in pretty much
    every project, so make sure you have some wiggle
    room as far as time goes to deal with this.
●   I usually like to give a rage estimate. (ie I think this
    feature will take 3-7 days to implement).
●   Don't forget to actually keep track of the time you
    actually spend on the project.
                                                     AppBuilderTV.com
Your Rate and / or Project Cost
●   If you are working hourly, than the agreement
    should clearly state what your hourly rate is. If
    you don't work weekends, and a client puts the
    rush on you, you may also have a higher rate
    you charge for rush jobs.
●   If you are quoting a fixed price or range for the
    project cost, this should be clearly stated in the
    agreement so there is no chance of confusion.
Termination Clause
●   Despite your best efforts, sometimes things don't always
    work out.
●   Locking yourself at the hip with a client can be bad news.
●   Here's the deal, if you aren't happy working with the client,
    and they aren't happy working with you, then you
    shouldn't be working with each other.
●   Provide a way for you or the client to bail out if need be,
    so things don't get ugly.
●   Because I do all my projects in an Agile phased
    approach (think small chunks), I allow my client or myself
    to get out at the end of any given phase if things just aren't
    working out.

                                                        AppBuilderTV.com
Tax Info

●   If you will be collecting taxes, you should state your
    local tax rate and your tax or business number so
    you can account for this properly.
●   If you are under a certain yearly limit, you may not
    have to charge or collect taxes, so check with your
    local tax authority.
●   Be careful, because once you do pass a certain level
    of earnings you will most likely have to collect tax on
    your projects, regardless of whether you are a
    business or not.
Retainer
●   As I had mentioned in a previous video, I always ask
    for a retainer on any new project.
●   A retainer is typically an upfront initial payment, that
    is non-refundable and can rage from 20 – 50 percent
    of the project cost.
●   You should state in the agreement that you will require
    a retainer, how much it is, and that the project can
    start as soon as they sign your agreement and
    provide you with the retainer.
●   You should also state that the retainer will be applied
    towards the project cost and is not an extra fee.
IP and Ownership
●   IP issues can a factor that can complicate a project.
    Watch your back.
●   While I usually do not claim ownership on most
    projects, I always maintain the right to re-leverage
    knowledge and skills acquired while working on any
    given project on future projects.
●   The main reason for this is that you can't constantly be
    re-inventing the wheel as a developer.
●   I also usually state that I will not use code or
    techniques derived on a project with a direct
    competitor.
Signatures and Dates
●   You should have some kind of clause at the end
    of the agreement to the effect that “all the
    parties involved have read, understood and
    wish to enter into the agreement”.
●   Make sure there is a spot for your signature and
    the clients as well as a spot for the current date.




                                              AppBuilderTV.com
The Agreement is Signed...Now
              What?
●   In upcoming episodes we'll be discussing:
●   Strategies for dealing with challenging
    clients




                                        AppBuilderTV.com
●   If you are interested in learning more about
    how to develop mobile Apps, visit
    www.appBuilderTV.com
    and get instant access to over 30 free videos
    today!
●   Follow me on twitter at @appbuildertv

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How to Freelance for Mobile Developers Lesson 4 - Creating Contracts or Service Agreements

  • 1. How to Freelance for Mobile Developers Lesson 4 of 6 Creating Contracts or Service Agreements AppBuilderTV.com
  • 2. The Biggest Mistake Most Freelancers Make ● Probably the biggest single mistake new freelancers make is taking on a project without doing up a formal written agreement. ● If you operate without any kind of written agreement, you will get burned, it's just a question of time, so don't take the risk. ● People new to freelance often think that doing up a formal agreement will scare away customers or that they don't have the money to pay an expensive lawyer to create one. AppBuilderTV.com
  • 3. Keep it Simple ● No need to get all legalese on anybody ● Keep your agreements simple ● Keep it clear ● Use plain language ● Keep it short ● Bulleted lists work great ● The majority of problems that will happen on a project usually revolve around a mismatch in expectations
  • 4. A Few Things Every Service Agreement Should Have There are some basic things every service agreement should contain, which includes: ● The name, address and contact details for the client and the freelancer ● The scope or description of the project and work you will be doing for the client. ● The responsibilities that you will take on during the project ● The responsibilities that the client will take on during the project ● An indication of time estimates and finishing dates ● Your rate or estimated cost of the project and payment schedules ● A termination clause ● Tax information and retainer info ● IP and ownership ● A place for a signature and date for you and your clients AppBuilderTV.com
  • 5. Contact Details ● Your service agreement should have your name address, company name (if you have one), postal code or zip code. You'll need the same info about your client which you may need to look up or ask them for. ● You'll want the name of the person who actually signs the contract in addition to their company name if they have one. AppBuilderTV.com
  • 6. Scope and Description ● You'll want to state, in clear and simple terms the nature of the work you will be doing for the client. ● You are obligating yourself to do anything on this list, so be as clear as you can. “Build an App” is not sufficient. What kind of App? What features will it have? What technologies will you use? How will it be tested? ● If you are to loose with the scope of your agreement, what happens quite often is clients ask for more and more little things to be added or changed and may expect you do do them for free. ● Be very clear in your agreement that items and requests that fall outside the scope are billable and may add additional costs.
  • 7. Your Responsibilities ● In addition to clearly describing the work you are about to undertake you should also establish other ground rules before the project starts like: ● What your contact hours are and the modes of communication you will use. Are you a 9-5 type and prefer talking on the phone? Maybe you'll work on the weekends and use Skype to talk with your client. ● You may wish to state that you are not responsible for any marketing and business development for the App, unless you are providing this service. ● You should state that you will notify the client when a request falls outside the scope of the agreement. ● You should state that you will make the client aware of any events and obstacles that come up that could impede progress and change the timeline. AppBuilderTV.com
  • 8. The Clients Responsibilities ● You may wish to state that the client is responsible for all marketing and business aspects of the App, unless you are providing these services as well. ● You should state what assets the client is expected to provide for the project, including text, images, audio or any other assets that you won't be providing. ● You should state when and how the client is responsible for paying you. I would recommend you break the project up into chunks and schedule payments upon initiation or completion of each chunk. Waiting for one big payout at the end of a project has just about done in many a freelancer. ● You should state that the client is responsible for providing timely feedback and answering any questions you may have. ● If the App needs to be approved by Apple, the client should be aware you can not guarantee that the app will be approved.
  • 9. Time Estimates and Finish Date ● You should usually provide some kind of time estimate as to when different parts of the project will be done and when things will wrap up. ● Unless you are absolutely sure you can get something done by a particular date, always state that they are estimates and could be subject to change. ● Unexpected things will always pop up in pretty much every project, so make sure you have some wiggle room as far as time goes to deal with this. ● I usually like to give a rage estimate. (ie I think this feature will take 3-7 days to implement). ● Don't forget to actually keep track of the time you actually spend on the project. AppBuilderTV.com
  • 10. Your Rate and / or Project Cost ● If you are working hourly, than the agreement should clearly state what your hourly rate is. If you don't work weekends, and a client puts the rush on you, you may also have a higher rate you charge for rush jobs. ● If you are quoting a fixed price or range for the project cost, this should be clearly stated in the agreement so there is no chance of confusion.
  • 11. Termination Clause ● Despite your best efforts, sometimes things don't always work out. ● Locking yourself at the hip with a client can be bad news. ● Here's the deal, if you aren't happy working with the client, and they aren't happy working with you, then you shouldn't be working with each other. ● Provide a way for you or the client to bail out if need be, so things don't get ugly. ● Because I do all my projects in an Agile phased approach (think small chunks), I allow my client or myself to get out at the end of any given phase if things just aren't working out. AppBuilderTV.com
  • 12. Tax Info ● If you will be collecting taxes, you should state your local tax rate and your tax or business number so you can account for this properly. ● If you are under a certain yearly limit, you may not have to charge or collect taxes, so check with your local tax authority. ● Be careful, because once you do pass a certain level of earnings you will most likely have to collect tax on your projects, regardless of whether you are a business or not.
  • 13. Retainer ● As I had mentioned in a previous video, I always ask for a retainer on any new project. ● A retainer is typically an upfront initial payment, that is non-refundable and can rage from 20 – 50 percent of the project cost. ● You should state in the agreement that you will require a retainer, how much it is, and that the project can start as soon as they sign your agreement and provide you with the retainer. ● You should also state that the retainer will be applied towards the project cost and is not an extra fee.
  • 14. IP and Ownership ● IP issues can a factor that can complicate a project. Watch your back. ● While I usually do not claim ownership on most projects, I always maintain the right to re-leverage knowledge and skills acquired while working on any given project on future projects. ● The main reason for this is that you can't constantly be re-inventing the wheel as a developer. ● I also usually state that I will not use code or techniques derived on a project with a direct competitor.
  • 15. Signatures and Dates ● You should have some kind of clause at the end of the agreement to the effect that “all the parties involved have read, understood and wish to enter into the agreement”. ● Make sure there is a spot for your signature and the clients as well as a spot for the current date. AppBuilderTV.com
  • 16. The Agreement is Signed...Now What? ● In upcoming episodes we'll be discussing: ● Strategies for dealing with challenging clients AppBuilderTV.com
  • 17. If you are interested in learning more about how to develop mobile Apps, visit www.appBuilderTV.com and get instant access to over 30 free videos today! ● Follow me on twitter at @appbuildertv