Either way, a concise and clear agreement will help you. If you are a developer, the waterfall contract gives you precise instructions on what you need to do and when. You only have the technical order and create software accordingly. Typically, the parties define the services to be provided in a specification (SoW) that defines every aspect of your software development contract. If you are not sure what type of contract is best for you, you can easily create a Master Service Agreement with Agile, Fixed Price and Outstaff annexes to be able to sign the right annex with the contractor in the right situation. If you expect to support this project in the future, your agreement should indicate what form it will take. If not, an agreement should be made to correct any errors or problems your developers are having. In general, it includes the design, development, delivery, testing, maintenance and support of all the services defined in the agreed specifications. The most practical way to write the subject matter of the contract is to include the following provision: 1.6 Independent Contractor.
The developer is not an employee of the customer. The developer is not entitled to the benefits that the customer grants to his employees. The parties are and will remain independent contractors. At its own expense, the developer may use collaborators or subcontractors to develop the software or otherwise complete the work. Nothing in this Agreement shall be deemed to be the establishment of an agency, partnership or joint venture between the Parties. Neither party is entitled to bind the other party, assume any liability or otherwise act on behalf of the other party. A lawyer can help discuss such remedies, discuss the impact, and design the language that describes the terms of the remedy. 2.1 Assigned Tasks.
[Customer agrees to perform all tasks assigned to Customer in accordance with this Agreement and to provide Developer with all necessary support and collaboration to complete the Work in a timely and efficient manner and to execute all modification requirements. Customer is responsible for making, at its own expense, any changes or additions to Customer`s current systems, software and hardware necessary to support the operation of the Software.] Obligations of the parties. It indicates which materials are supplied by the customer and when. The duties of the developer are constituted according to the way that makes the developer responsible for the development of the software in accordance with the declaration of work. The developer`s agreement on this «Work made for hire» clause does not necessarily mean that a court would agree. If the software does not fall into 1 out of 9 categories in the Copyright Act, it is not a «work produced for rent». A lawyer can discuss whether the software may not be considered «work made for hire» and can advise you on the right language for your situation. Phase III – Receipt and delivery of the software It is good to record a provision that allows to modify the price of the hour consumed. You can sign an additional agreement to the general agreement or simply add an appendix with set prices in order to avoid permanent changes….