Software development contract: with Customers and a Team

With whom do you need to conclude 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

• It describes the relationship with individual entrepreneurs
• Minimizes disputes with the State Labor Department
• Helps to avoid unwanted taxation
• Protects confidential information (NDA)
• Prohibits acompeting products creation (NCA)

Outstaffing agreement with the customer

• It limits the liability of an IT company
• Sets the communication rules and the developer's working schedule (days off, overtime, replacement rules)
• Prohibits poaching developers (NSA)

Outsourcing agreement with the customer

• It describes the order of setting tasks and payment methods: fixed price or time&material
• Distinguishes between mistakes and wishes of the customer
• Limits the rounds of editing

Structure of software development contracts

• List of services according to registered activities.
• Description of the developer's status as a sole entrepreneur, not an employee.
• Pricing procedures and methods of payment according to acts or invoices.
• Rules for electronic setting and acceptance of tasks.
• Description of defects and software errors.
• Separation of software errors and additional terms of reference.
• Sanctions for violation of deadlines and poor-quality development.
• Procedure and methods of intellectual property transfer.
• Responsibility for disclosure of confidential information, solicitation, and competition.
• Regulations on electronic document management and electronic digital signature.
• Dispute resolution methods. Description of pre-trial settlement of conflicts.
• Grounds for unilateral termination of a contract, force majeure.
• Processing of personal data according to the GDPR requirements.

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

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  Passing bank compliance and receiving payment from the customer.

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  Submission of reports to financial monitoring and tax authorities.

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  Setting a 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 IT 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, court.

Cases from IT lawyers

Who we are and how 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 team of an IT company, 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 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 an IT company in negotiations, arbitration, and courts.
• The Stalirov&Co team designed 105 local and 97 international contracts for software development.