The Master Software Development Agreement is designed for businesses requiring ongoing software development services under English and Welsh law. It serves as an overarching framework that governs multiple development projects, establishing standard terms for intellectual property rights, confidentiality, data protection, and service delivery. This agreement is particularly valuable when parties anticipate a long-term relationship involving multiple development projects, as it eliminates the need to negotiate terms for each individual project while maintaining flexibility through project-specific statements of work.
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1. Parties: Identification and details of contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Services: Scope of software development services to be provided
5. Project Management: Governance, reporting, and management procedures
6. Charges and Payment: Pricing, payment terms, and invoicing procedures
7. Intellectual Property Rights: Ownership and licensing of IP created during development
8. Confidentiality: Protection of confidential information
9. Data Protection: GDPR compliance and data handling obligations
10. Term and Termination: Duration and termination provisions
11. Liability and Indemnities: Risk allocation between parties
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Change Control: Process for managing changes to scope - recommended for complex projects with likely scope changes
2. Service Levels: Performance metrics and remedies - used when specific performance standards are required
3. Business Continuity: Disaster recovery and continuity provisions - important for business-critical applications
4. Staff and Resources: Key personnel and resource commitments - used when specific expertise or resources are crucial
5. Security Requirements: Specific security standards and procedures - essential for projects involving sensitive data
1. Statement of Work: Detailed technical specifications and deliverables
2. Service Levels Schedule: Detailed performance metrics and measurement criteria
3. Charges Schedule: Detailed pricing structure and rate cards
4. Change Control Procedure: Detailed process for managing changes
5. Security Policy: Detailed security requirements and procedures
6. Data Processing Agreement: GDPR-compliant data processing terms
7. Development Methodology: Detailed development approach and procedures
8. Acceptance Testing: Testing procedures and acceptance criteria
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