The Software Subcontractor Agreement is essential for businesses operating in Malta's growing technology sector who need to engage external software development resources. This document is typically used when a primary contractor needs to delegate software development work to a third party while maintaining their obligations to the end client. The agreement, governed by Maltese law and compliant with EU regulations, covers crucial elements including scope of work, intellectual property rights, data protection, quality standards, and confidentiality. It's particularly important in Malta's context as a technology hub, where many international companies operate and require clear legal frameworks for their software development projects. The document ensures alignment with both Malta's Companies Act and relevant EU directives while protecting all parties' interests in the software development process.
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1. Parties: Identification and details of the main contractor and subcontractor
2. Background: Context of the agreement, including reference to the main contract and reason for subcontracting
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of software development services to be provided
5. Term and Timelines: Duration of the agreement and key project milestones
6. Payment Terms: Compensation, payment schedule, invoicing requirements, and expenses
7. Performance Standards: Quality standards, acceptance criteria, and performance metrics
8. Intellectual Property Rights: Ownership and licensing of developed software and materials
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: GDPR compliance and data handling requirements
11. Warranties and Representations: Guarantees regarding service quality, authority to contract, and compliance
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Termination: Conditions for termination and consequences
14. Post-Termination Obligations: Obligations surviving termination including code handover
15. General Provisions: Standard clauses including notices, assignment, and governing law
1. Security Requirements: Specific security protocols and requirements, included when dealing with sensitive data or systems
2. Source Code Escrow: Arrangements for source code protection, used when source code security is crucial
3. Non-Competition: Restrictions on competitive activities, included when protecting market position
4. Insurance: Specific insurance requirements, included for high-value or high-risk projects
5. Service Level Agreement: Detailed performance metrics and penalties, used for ongoing service provisions
6. Change Control: Procedures for managing changes to specifications, included for complex projects
7. Disaster Recovery: Business continuity requirements, included for critical systems development
8. Third-Party Code: Provisions regarding use of open source or third-party software
9. Training and Knowledge Transfer: Requirements for training client staff, included when knowledge transfer is needed
10. Audit Rights: Rights to audit development processes, included for regulated industries
1. Schedule 1 - Services Description: Detailed technical specifications and requirements for the software development
2. Schedule 2 - Service Levels: Specific performance metrics, response times, and quality standards
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
4. Schedule 4 - Project Timeline: Detailed project phases, milestones, and delivery dates
5. Schedule 5 - Testing Procedures: Acceptance testing criteria and procedures
6. Schedule 6 - Security Protocols: Detailed security requirements and compliance procedures
7. Schedule 7 - Personnel: Key personnel assignments and qualifications
8. Appendix A - Main Contract Extract: Relevant excerpts from the main contract affecting subcontractor obligations
9. Appendix B - Technical Stack: Approved technologies, frameworks, and development tools
10. Appendix C - Documentation Requirements: Requirements for technical documentation and deliverables
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