The Master Software Development Agreement is designed for situations where a software development company will provide ongoing development services to a client across multiple projects or phases. This agreement, governed by Australian law, serves as an umbrella agreement that establishes the fundamental legal and commercial framework for all future development work, eliminating the need to negotiate basic terms for each new project. It includes essential provisions for project methodology, intellectual property rights, acceptance testing, payment terms, and risk allocation, while incorporating specific requirements of Australian legislation such as consumer protection, privacy, and electronic transactions laws. The agreement is typically supplemented by individual statements of work or project schedules for specific development projects.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and high-level business objectives
3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules
4. Term and Termination: Duration of the agreement and termination rights
5. Services and Scope: Overview of development services and general scope parameters
6. Project Methodology: Development methodology, process, and phases
7. Acceptance Testing: Testing procedures, criteria, and acceptance process
8. Change Control: Process for managing changes to scope or requirements
9. Charges and Payment: Fee structure, payment terms, and invoicing procedures
10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection and Privacy: Obligations regarding personal data handling and privacy compliance
13. Warranties and Representations: Standard warranties regarding services, deliverables, and capacity
14. Liability and Indemnities: Limitation of liability and indemnification obligations
15. Force Majeure: Rights and obligations during events beyond reasonable control
16. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Security Requirements: Specific security standards and requirements - include for sensitive or regulated projects
2. Service Levels: Performance metrics and service levels - include when specific performance standards are required
3. Business Continuity: Disaster recovery and business continuity requirements - include for business-critical systems
4. Third Party Components: Management of third-party software and components - include when third-party elements are significant
5. Personnel Requirements: Specific requirements for development team members - include when personnel qualifications are critical
6. Source Code Escrow: Source code escrow arrangements - include when source code access is critical for the client
7. Export Control: Export control compliance - include for international projects or restricted technologies
8. Insurance Requirements: Specific insurance obligations - include for high-value or high-risk projects
1. Schedule 1 - Services Description: Detailed description of development services and methodology
2. Schedule 2 - Commercial Terms: Detailed pricing, payment terms, and commercial arrangements
3. Schedule 3 - Service Levels: Detailed service levels, metrics, and measurement methods
4. Schedule 4 - Project Plan: Project timeline, milestones, and delivery schedule
5. Schedule 5 - Technical Requirements: Detailed technical specifications and requirements
6. Schedule 6 - Acceptance Test Criteria: Detailed acceptance testing procedures and criteria
7. Schedule 7 - Personnel: Key personnel and roles
8. Appendix A - Change Request Form: Template for requesting and documenting changes
9. Appendix B - Acceptance Certificate: Template for formal acceptance of deliverables
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Telecommunications
Education
Government
Mining
Energy
Transportation
Media and Entertainment
Insurance
Real Estate
Relevant Teams
Legal
Information Technology
Procurement
Finance
Risk and Compliance
Software Development
Project Management
Operations
Information Security
Commercial
Technical Architecture
Quality Assurance
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Project Manager
Legal Counsel
Contract Manager
Procurement Manager
Chief Information Officer
Software Engineer
Technical Lead
Business Analyst
Product Owner
Chief Financial Officer
Risk Manager
Compliance Officer
Operations Manager
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