Software development contract: with Customers and a Team

With whom do you need to be a party to the software development agreement??

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  With local and foreign customers:
  outstaffing contracts
  outsourcing contracts
  
  

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  With members of the company’s team:
  Front end developer
  Back-end developer
  Support Engineer
  DevOps engineer
  QA Automation engineer
  Software Architect and others

Software development agreement with team members

This document describes the relationship with employees and independent contractors, minimizes disputes with the State Labor Department, and helps to avoid unwanted taxation. The document protects confidential information (NDA) and prohibits competing products creation (NCA). Software development agreement helps formalize intellectual property transfer and guarantees the team stability.

Outstaffing agreement with the customer

Dedicated team agreement codifies rules on project team provision and replacement procedure, helps to fix payment guarantees. The document prohibits poaching developers (NSA), and sets rules in case downtimes take place.

Outsourcing agreement with the customer

Software development agreements describe the order of Statement of work setting, fixes payment methods and financial guarantees. The document helps to distinguish bugs and client’s change requests to avoid unpaid overtime and unprofitability of projects.

Structure of software development contracts

• List of services according to registered activities.
• Description of the team members' statuses as an employee or an independent contractor.
• Invoicing procedure and methods of payment.
• Rules for setting Statements of work online and accepting of work results.
• Downtime and providing materials requirements.
• Distinction between bugs and client’s change requests.
• Bugs-fixing and changing requests procedures.
• The intellectual property transfer rules.
• Responsibility for disclosure of confidential information, solicitation, and unfair competition.
• Regulations on electronic document management.
• Dispute resolution methods. Description of pre-trial settlement of conflicts.
• Governing law and jurisdiction.
• Grounds for unilateral termination of a contract, force majeure.
• The processing of personal data according to the GDPR/CCPA requirements.

Why should an IT company enter into a Software development contract?

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  Helps pass bank compliance and receives payment from the clients.

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  Submission of reports to financial monitoring and tax authorities.

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  Sets payment procedure development: time&material, fixed price, or mixed system.

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  Fixing the functional responsibilities of the parties and the criteria for evaluating the result.

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  Protection of confidential information and intellectual property.

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  Retention of the software development company's right to developments, expertise, experience, and internal software solutions.

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  Registration of the IT product’s transfer of ownership.

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  Choice of place and method of dispute resolution: mediation, arbitration, or court.

Our cases

Who is Stalirov&Co, and how do we generate solutions??

• The Stalirov&Co team creates software development contracts to organize internal and external business processes.
• IT lawyers study the structure of the software development company’s team, managerial processes in working with products, and describe them in contracts. We are drafting a software development agreement with a sole entrepreneur.
• Our team offers a standard contract for software development but considers the specifics of the business, team, and IT products.
• We reduce the risk of disputes with banks, tax authorities, the State Labor Department, and other financial monitoring authorities.
• We draft a contract to develop software with the transfer of rights after full payment.
• Lawyers are responsible for application of the contract and help to resolve conflicts and disputes over violations of deadlines, contractual debt, taxes, and fines.
• We protect the financial interests of a software development company in negotiations, arbitration, and courts.
• The Stalirov&Co team designed 105 local and 97 international contracts for software development.