The Software Development Service Agreement is essential for organizations in Saudi Arabia engaging external developers or technology providers for custom software solutions. This document is designed to comply with Saudi Arabian law, including the Electronic Transactions Law (Royal Decree No. M/18) and relevant cybersecurity regulations. It should be used when commissioning bespoke software development, establishing clear parameters for project execution, intellectual property rights, and service delivery standards. The agreement includes provisions for technical specifications, project milestones, acceptance testing, and payment terms, while ensuring compliance with local legal requirements and Sharia principles. It's particularly important for protecting both parties' interests in technology projects and establishing clear accountability for deliverables.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and commercial registration details
2. Background: Context of the agreement and general purpose of the software development services
3. Definitions: Key terms used throughout the agreement including technical terminology
4. Scope of Services: Detailed description of software development services to be provided
5. Project Timeline and Milestones: Development phases, delivery dates, and key project milestones
6. Payment Terms: Fee structure, payment schedule, and invoicing requirements
7. Intellectual Property Rights: Ownership and licensing of software, source code, and related materials
8. Confidentiality: Protection of confidential information and trade secrets
9. Client Obligations: Responsibilities and obligations of the client including provision of necessary information and resources
10. Developer Obligations: Responsibilities and obligations of the developer including quality standards and methodology
11. Acceptance Testing: Procedures for testing and accepting deliverables
12. Warranties and Representations: Guarantees regarding service quality, compliance with laws, and intellectual property rights
13. Term and Termination: Duration of agreement and conditions for termination
14. Liability and Indemnification: Limitations of liability and indemnification obligations
15. Force Majeure: Provisions for unforeseen circumstances preventing performance
16. Governing Law and Jurisdiction: Application of Saudi law and jurisdiction for dispute resolution
17. General Provisions: Standard contractual clauses including notices, amendments, and severability
1. Source Code Escrow: Optional provisions for source code escrow arrangements, recommended for business-critical applications
2. Data Protection and Privacy: Detailed data protection provisions, required if personal data processing is involved
3. Service Level Agreement (SLA): Specific performance metrics and service levels, recommended for ongoing maintenance arrangements
4. Change Management: Procedures for handling change requests, recommended for complex projects
5. Security Requirements: Specific security standards and compliance requirements, necessary for sensitive applications
6. Training and Knowledge Transfer: Provisions for training client staff, recommended when knowledge transfer is required
7. Disaster Recovery: Business continuity and disaster recovery procedures, important for critical systems
8. Third-Party Software: Provisions regarding use and licensing of third-party software components
1. Technical Specifications: Detailed technical requirements and specifications for the software
2. Project Plan: Detailed project timeline, milestones, and deliverables
3. Pricing Schedule: Detailed breakdown of fees, costs, and payment milestones
4. Acceptance Criteria: Specific criteria for accepting deliverables and testing procedures
5. Service Level Requirements: Detailed performance metrics and service level specifications
6. Personnel Schedule: Key personnel assigned to the project and their roles
7. Security Requirements: Detailed security specifications and compliance requirements
8. Change Request Template: Standard form for requesting and documenting changes to the scope
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