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Software Development Outsourcing Contract Template for Austria

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Key Requirements PROMPT example:

Software Development Outsourcing Contract

"I need a Software Development Outsourcing Contract for outsourcing the development of a healthcare management system to an Austrian developer, with strict GDPR compliance requirements and medical data protection protocols, planned to commence in March 2025."

Document background
The Software Development Outsourcing Contract is essential for organizations seeking to engage external software development services while maintaining legal compliance in Austria. This document is typically used when a company (the client) wishes to outsource the development of software applications, systems, or digital solutions to a specialized service provider. The contract encompasses crucial elements required under Austrian law, including GDPR compliance, intellectual property rights under the Austrian Copyright Act, and commercial terms under the Austrian Civil Code (ABGB). It provides a structured framework for managing the development process, defining deliverables, establishing quality standards, and protecting both parties' interests. The document is particularly important given Austria's strict data protection requirements and the need to clearly define intellectual property rights in software development projects.
Suggested Sections

1. Parties: Identification of the client and software development service provider, including full legal names, registration details, and addresses

2. Background: Context of the agreement and general purpose of the software development outsourcing arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms, project-specific terminology, and legal concepts

4. Scope of Services: Detailed description of the software development services to be provided, including development methodology and deliverables

5. Project Management: Project governance structure, reporting lines, communication protocols, and management responsibilities

6. Timeline and Milestones: Development schedule, key milestones, delivery dates, and acceptance criteria

7. Payment Terms: Pricing structure, payment schedule, invoicing procedures, and payment conditions

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

9. Data Protection and Security: GDPR compliance measures, data processing terms, and information security requirements

10. Confidentiality: Protection of confidential information, trade secrets, and business information

11. Warranties and Representations: Quality guarantees, service level commitments, and compliance warranties

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation

13. Term and Termination: Contract duration, renewal terms, and termination rights

14. Force Majeure: Events excusing performance and related procedures

15. Governing Law and Jurisdiction: Austrian law application and jurisdiction for dispute resolution

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Source Code Escrow: Optional section for source code deposit arrangements, used when client requires additional security

2. Change Management: Procedures for handling change requests, used for complex projects with likely scope changes

3. Personnel Requirements: Specific requirements for development team members, used when specific expertise or security clearances are needed

4. Business Continuity: Disaster recovery and business continuity requirements, used for mission-critical applications

5. Knowledge Transfer: Terms for training and knowledge transfer to client's team, used when client plans to maintain software internally

6. Non-Solicitation: Restrictions on hiring each other's personnel, used when protecting against talent poaching is important

7. Performance Bonds: Requirements for performance guarantees or bonds, used for high-value or high-risk projects

8. Insurance Requirements: Specific insurance coverage requirements, used for high-risk or regulated industry projects

Suggested Schedules

1. Statement of Work: Detailed technical specifications, functional requirements, and deliverables

2. Service Level Agreement: Performance metrics, service levels, and related penalties/remedies

3. Price Schedule: Detailed pricing breakdown, rate cards, and payment milestones

4. Technical Requirements: Technical standards, development environment specifications, and compatibility requirements

5. Security Requirements: Information security standards, protocols, and compliance requirements

6. Project Timeline: Detailed project schedule with milestones and dependencies

7. Testing and Acceptance Criteria: Detailed testing procedures and acceptance criteria for deliverables

8. Personnel Schedule: Key personnel, roles, qualifications, and replacement procedures

9. Data Processing Agreement: GDPR-compliant data processing terms and procedures

10. Third-Party Software: List of third-party software, licenses, and terms of use

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

Manufacturing

Retail

Telecommunications

Insurance

Education

Professional Services

E-commerce

Banking

Automotive

Energy

Public Sector

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Operations

Information Security

Project Management

Vendor Management

Technical Architecture

Finance

Data Protection

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Project Manager

Software Development Manager

Contract Manager

Chief Information Officer

Data Protection Officer

IT Security Manager

Technical Architect

Operations Director

Chief Digital Officer

Vendor Management Officer

Risk Management Officer

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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