The Stalirov&Co team drafted the agreement between the American software development company and specialists from Ukraine
About company and product
The Glorium Technologies team provides full-cycle software development services. The company's headquarters is located in New Jersey, and development centers are in Kyiv, Krakow, and Paphos.
In 2021/2022 Glorium Technologies was listed as the fastest growing US company in the Inc. 500. The company is on Clutch's "Top Development Partners" list for 2022.
Formalize relations with a team of Ukrainian independent contractors and create a legal structure for international transactions.
🔸Design a software development agreement between the US IT company and developers from Ukraine.
🔸Add clauses for banking compliance and receiving payments from the US.
🔸Ensure the stability of the project teams.
🔸Protect the confidentiality and security of project and customer information.
Realization
IT lawyers detail what services the independent contractor will provide following the Classification of Goods and Services in Ukraine in order to avoid additional taxes
The independent contractor, in accordance with the tasks set by the software development company, undertakes to provide services for the development, modification, testing and technical support of the software.
To provide services under the contract, the software development company provides the independent contractor with statements of work in electronic form, via messengers agreed by the parties in the contract.
We identify and determine the communication platforms available to specialists to transmit the statement of work
We describe the transfer of work using the customer's repository
The provision of services is carried out on Glorium Technologies's equipment using automated software systems and devices in order to protect confidential information. The results of the services are transferred and stored in the Glorium Technologies's repositories.
We determine payment procedures
The independent contractor sends an invoice to the software development company before the 10th day of the next month, after the end of the month during which services were provided.
Glorium Technologies pays the invoice within 5 working days, starting from the 10th day of the next month after receiving the invoice.
Payment of the invoice indicates the acceptance of provided services, and is also a confirmation of the fulfillment of payment obligations.
IT lawyers add a debugging provision
If the results of the services do not meet the technical specifications, Glorium Technologies may refuse to accept the work. The software development company may create a new deadline and must pay no later than 7 working days from the moment the results of acceptable services are provided. In case of a reasoned refusal to accept the results of the services, the parties sign a protocol with a list of significant defects and the deadlines for their elimination. The independent contractor at his own expense eliminates such defects within the time agreed with Glorium Technologies.
We set the specialist’s liability for terminating the contract without a valid reason
To ensure the stability of the team, the contract is valid for 1 year and cannot be terminated without valid personal or family reasons. For unjustified refusal to fulfill obligations and early termination of the contract, the specialist pays a penalty in the amount of 100% of the amount of the unfulfilled obligation. The conclusion of contracts with other companies is not an acceptable reason for early termination of the contract.
The parties agree that all property rights on intellectual property objects that are created by the independent contractor belong to the software development company.
We describe the process of intellectual property transfer from specialists to the Glorium Technologies
IT lawyers prohibit the disclosure of confidential information and the poaching of Glorium Technologies’s clients and team members
The independent contractor undertakes:
◼not to disclose without the consent of Glorium Technologies information that became known to him during the performance of obligations under the contract
◼not to contact Glorium Technologies’s customers if such contacts cause or may cause damage to the financial or other interests of the company, or reduce expected income;
◼not to establish, directly or through intermediaries, contacts with Glorium Technologies’s employees with the aim of terminating their cooperation with the company.
