After much deliberation and being left with no option, I write this formal notice to you with the intent to inform you that your performance under the terms of our Hybrid App Development Agreement (“Agreement”) that we entered on 15th September 2015 has been unsatisfactory. Having hired your company to develop a Hybrid App, very little has been achieved as per the terms of the Agreement.
Despite my repeated attempts to follow up on persistent issues with regards to the development of the Hybrid App, my endeavors have often fallen on deaf ears. As a company hired under contractual terms, you are expected to fulfill certain duties and responsibilities. Unfortunately, you have failed to fulfill these duties on several occasions thereby breaching the Agreement on more than one occasion. Below are examples of the breaches;
1. Missed deadlines:
• As per clause 1.1 of the Agreement, the deadline to deliver the Hybrid App was set for 31st December 2015 and till this date, I have not received the final product.
2. Designs not being followed and fixes not being addressed:
• As per clause 2.1 of the Agreement, you agreed to conform to the specifications provided.
3. Repeatedly ignored my requests to learn the SQL database:
• As per clause 1.2 of the Agreement, you agreed to respond to any reasonable request within 24 hours of the request.
4. Poor communication/emails going unanswered and concerns not being addressed:
• As per clause 1.2 of the Agreement, you agreed to respond to any reasonable request within 24 hours of the request.
5. Ignored my request for a timeline when the Hybrid App will be completed:
• As per clause 1.1 and 1.2 of the Agreement, there is little cooperation from your end to complete development in a timely manner.
It is in consequence to the aforementioned inconsistencies and inconvenience that I have faced throughout development due to your seemingly nonchalant behavior that I am now forced by means of this notice to call upon you to perform all the duties as agreed by you under the terms of the Agreement.
With this formal notice, I hereby call you to urgently resolve the issue with regards to Braintree integration. You are to notify me by email by 18th August 2016 whether Braintree has been integrated into the Hybrid App in accordance with the specifications provided.
• If it has, you are to immediately provide evidence of this with an APK.
• If it has not, you have until 24th August 2016 to integrate Braintree.
Provided you have adhered to the above requests; going forward you are expected to correct the contentious issues that have plagued the development of the project and achieve and maintain the acceptable level of performance of your duties under the terms of the Agreement. Failure to do so with further breach of the terms of the Agreement by you and I will have no choice but to call for a rightful action against your company.
Treat this matter as urgent in the interest of both parties to the Agreement.