Application Development Rights: Deposit Refund

Questioner

I have outsourced an assignment to build an application for iPhone and Android. The progress of the development was slow and the collaboration was difficult. In the end, the final version, which had to wait too long, was substandard and I am therefore not satisfied with it. Before the start of the assignment, a deposit of 50% was made. What are my rights to reclaim this?

Lawyer

A direct answer to this question is not possible without additional information regarding the agreement and possible general terms and conditions. If no further provisions are included here, you will proceed to the normal procedure of: 1. written notice of default, including final term notice 2. demand compliance and/or extrajudicial dissolution 3. dissolution through the court, possible compensation

Lawyer

Contract and general terms and conditions are the most important point of contact in this case, in addition to the legal criterion that stipulates that what has been performed must comply with what has been agreed. If the interest is material, I advise you to submit the contract, general terms and conditions and the relevant correspondence to a lawyer for assessment. What is very important to you is whether there was a performance obligation or an obligation to make an effort. Did I have to spend time and do my best or did a product have to be ready on date X with specifications Y. The former usually applies, and it has quite an impact on your legal position. So get the contract!