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Software Development Consulting Agreement Template for Austria

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Key Requirements PROMPT example:

Software Development Consulting Agreement

"I need a Software Development Consulting Agreement for hiring a freelance developer to create a custom e-commerce platform for my retail business in Vienna, with work starting January 2025 and including specific provisions for GDPR compliance and source code ownership."

Document background
The Software Development Consulting Agreement is essential for businesses engaging external software development expertise in Austria. This document is specifically designed to comply with Austrian civil and commercial law while incorporating EU regulations, particularly GDPR and digital service provisions. It's typically used when a company needs to engage software development consultants for specific projects or ongoing development work, defining the scope of services, deliverables, intellectual property rights, and compliance requirements. The agreement includes crucial elements such as data protection provisions, service level commitments, and quality standards, while addressing the unique aspects of software development consulting relationships. The document serves as a comprehensive framework for both parties, protecting their interests while ensuring clarity in responsibilities and expectations.
Suggested Sections

1. Parties: Identification of the contracting parties - the consultant/developer and the client company

2. Background: Context of the agreement and brief description of the parties' intent to enter into a consulting relationship

3. Definitions: Key terms used throughout the agreement, including technical terms specific to software development

4. Scope of Services: Detailed description of the consulting and development services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Consultant's Obligations: Key responsibilities, deliverables, and performance standards

7. Client's Obligations: Client responsibilities, including provision of information, access, and resources

8. Fees and Payment Terms: Compensation structure, payment schedule, and expense policies

9. Intellectual Property Rights: Ownership and licensing of developed software, pre-existing IP, and third-party components

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data processing obligations

12. Warranties and Representations: Guarantees regarding service quality and compliance with laws

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competitive activities, if required by the client

2. Source Code Escrow: Provisions for source code safekeeping, relevant for business-critical applications

3. Service Levels: Specific performance metrics and standards, useful for ongoing maintenance services

4. Change Management: Procedures for handling scope changes and additional requirements

5. Insurance: Specific insurance requirements, often needed for larger projects

6. Disaster Recovery: Procedures for handling system failures and data recovery, crucial for critical systems

7. Knowledge Transfer: Provisions for transferring knowledge to client's team, important for long-term projects

8. Security Requirements: Specific security standards and protocols, essential for sensitive data handling

Suggested Schedules

1. Schedule A - Service Description: Detailed technical specifications and scope of development work

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule C - Project Timeline: Project phases, milestones, and delivery dates

4. Schedule D - Acceptance Testing: Testing procedures and acceptance criteria

5. Schedule E - Service Levels: Detailed performance metrics and response times

6. Schedule F - Data Processing Agreement: GDPR-compliant data processing terms and conditions

7. Schedule G - Third-Party Software: List of third-party software components and licenses

8. Appendix 1 - Technical Requirements: Detailed technical specifications and requirements

9. Appendix 2 - Security Standards: Required security protocols and standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses



































Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Telecommunications

Professional Services

Education

Government

Insurance

Retail

Transportation

Media and Entertainment

Energy and Utilities

Real Estate

Relevant Teams

Legal

Information Technology

Procurement

Software Development

Project Management

Information Security

Compliance

Risk Management

Vendor Management

Operations

Product Development

Quality Assurance

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Project Manager

Legal Counsel

Procurement Manager

Technical Lead

Software Engineer

Product Owner

Contract Manager

IT Procurement Specialist

Chief Information Officer

Development Team Lead

Information Security Officer

Compliance Officer

Business Development Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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