Ethan Evans, trading as Evans Automation Southampton, Hampshire, UK ethan@evans-automation.com 07594 059344
The Client
Jonathan Rodgers Iron Forged Coaching
1.Services
The Provider will build, host and maintain a bespoke coaching application ("Iron Forged") for the Client, comprising:
A coach dashboard and a client app installable on phones, branded to the Client, covering training programmes (with per-set targets), weigh-in tracking with weekly averages, progress photos, and nutrition tracking.
Hosting on the Client's own infrastructure (domain, servers and code held in the Client's own accounts), set up and operated by the Provider.
One-off migration of existing client data (the weigh-in and food history the Client's clients export from their current apps) where provided.
Ongoing hosting, encrypted off-site backups, support, bug fixes and minor improvements.
2.Term
This agreement begins on and continues on a rolling monthly basis. Either party may end it by giving 30 days' written notice (email is sufficient). There is no minimum term beyond the current paid month.
3.Fees & payment
One-off setup fee: £750, covering build set-up and data migration, payable before the app goes live (instalments available by agreement).
Monthly retainer: £150 per month, collected in advance by Stripe subscription, covering hosting, backups, support, fixes and minor improvements.
Larger new features and app-store publishing sit outside the retainer and are quoted separately at the Provider's day rate before any work begins. Third-party costs the Client owns directly (domain renewal, app-store developer fees) are paid by the Client.
No VAT is charged (the Provider is not VAT registered). If the retainer is unpaid 14 days after the due date, the Provider may suspend the service until payment is received.
4.Client responsibilities
Set up the accounts the app runs on (domain, hosting and code accounts) in the Client's own name, and grant the Provider the access needed to operate them.
Provide the coaching content (programmes, exercise videos, nutrition guidance) and keep it up to date.
Obtain the necessary consent from its own clients for their data to be held in the app, and act as the first point of contact for those clients.
5.Data protection
The app holds personal data about the Client's own clients (including weigh-ins and progress photos, which are health-related). The Client is the data controller; the Provider acts as data processor and processes this data only to run the app.
Both parties will comply with UK GDPR. This is set out in a separate Data Processing Agreement between the parties, which forms part of this agreement. Data is held on the Client's own dedicated infrastructure, isolated from any other client, and is never sold or shared beyond the sub-processors needed to run the app.
On termination, the Client keeps its own data (it sits in the Client's own accounts). On request the Provider will export it and remove the Provider's access, except where retention is required by law.
6.Service levels & limitations
The Provider will use reasonable efforts to keep the app available at all times, but relies on third-party platforms (hosting and infrastructure providers) and cannot guarantee uninterrupted service.
The app is a coaching and tracking tool for the Client and its clients; it is not a substitute for professional medical, nutritional or fitness advice, and the Provider is not responsible for coaching decisions made using it.
Faults reported by the Client will be acknowledged within 1 working day.
7.Intellectual property
All designs, source code, workflows and software built by the Provider remain the Provider's property. The Client's brand, coaching content and its clients' data remain the Client's. The Client receives a licence to use the app for its business while this agreement is in force.
8.Liability
Nothing in this agreement limits liability that cannot lawfully be limited. Otherwise, neither party is liable for indirect or consequential loss (including loss of profit or missed business opportunities), and the Provider's total liability under this agreement is capped at the fees paid by the Client in the three months before the claim arose.
9.General
This agreement is the entire agreement between the parties for the service and is governed by the law of England and Wales. Changes must be agreed in writing (email is sufficient). If any clause is found unenforceable, the rest remains in force.
Signed by the Provider
Ethan Evans
Signature
Ethan Evans, Evans Automation
Name
Date
Signed by the Client
Signature
Jonathan Rodgers, Iron Forged Coaching
Name
Date
evans-automation.comethan@evans-automation.comSouthampton · UK
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