The SLA For Software Development serves as a crucial legal framework for software development projects in Malaysia, establishing clear expectations and obligations between development service providers and their clients. This document is essential when engaging in custom software development projects, whether for new applications, system integrations, or major software enhancements. It encompasses detailed service level metrics, performance standards, development methodologies, and quality requirements while ensuring compliance with Malaysian legislation, including the Electronic Commerce Act 2006, Personal Data Protection Act 2010, and Copyright Act 1987. The agreement protects both parties' interests by clearly defining deliverables, timelines, acceptance criteria, and remedies for non-performance, while providing flexibility for project-specific requirements and industry standards.
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1. Parties: Identification of the service provider and client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including the client's requirement for software development services and the provider's expertise
3. Definitions: Detailed definitions of technical terms, service levels, metrics, and other key terms used throughout the agreement
4. Scope of Services: Detailed description of the software development services to be provided, including methodology and deliverables
5. Service Level Requirements: Specific performance metrics, response times, and quality standards that the developer must meet
6. Development Timeline: Project phases, milestones, and delivery schedules
7. Acceptance Testing: Procedures for testing deliverables and criteria for acceptance or rejection
8. Change Management: Process for requesting, approving, and implementing changes to the scope or specifications
9. Payment Terms: Fee structure, payment schedule, and invoicing procedures
10. Intellectual Property Rights: Ownership and licensing of developed software and related materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with PDPA and data security requirements
13. Warranties and Representations: Guarantees regarding service quality, compliance with laws, and professional standards
14. Liability and Indemnification: Limitations of liability and indemnification obligations
15. Term and Termination: Duration of agreement and circumstances for termination
16. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
17. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Source Code Escrow: Optional provision for source code deposit with a third party, used when client requires security of access to source code
2. Disaster Recovery: Specific procedures for backup and recovery, required for critical systems
3. Third-Party Integration: Terms governing integration with third-party systems, included when external integrations are required
4. Training and Knowledge Transfer: Provisions for training client staff, included when knowledge transfer is part of the scope
5. Maintenance and Support: Post-development support terms, included when ongoing maintenance is part of the agreement
6. Security Compliance: Specific security standards and certifications, required for sensitive or regulated industries
7. Performance Credits: Financial penalties for missing service levels, included when specific performance guarantees are required
1. Schedule A - Technical Specifications: Detailed technical requirements and specifications for the software
2. Schedule B - Service Level Metrics: Detailed breakdown of performance metrics, measurement methods, and reporting requirements
3. Schedule C - Project Timeline: Detailed project schedule with milestones and deliverables
4. Schedule D - Fee Schedule: Detailed breakdown of fees, payment milestones, and additional costs
5. Schedule E - Testing Procedures: Detailed acceptance testing procedures and criteria
6. Schedule F - Support and Maintenance Services: Detailed description of support services and response times
7. Appendix 1 - Change Request Template: Standard form for requesting and documenting changes
8. Appendix 2 - Progress Report Template: Standard format for progress reporting
9. Appendix 3 - Contact Details: Key personnel and escalation contacts for both parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Manufacturing
Education
Government
Telecommunications
Retail
Professional Services
Insurance
Banking
Logistics
Real Estate
Energy
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Quality Assurance
Project Management
Operations
Risk & Compliance
Service Delivery
Solutions Architecture
Contract Management
Technical Operations
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Project Manager
Legal Counsel
Contract Manager
Procurement Manager
Software Engineer
Quality Assurance Manager
Business Analyst
Solutions Architect
Technical Lead
Operations Manager
Risk Manager
Compliance Officer
IT Service Delivery Manager
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