Software Development & Maintenance Agreements occur when a client hires a consultant, either an individual or a company, to create software specifically for their use. There are two main aspects to this transaction: the consultancy and the software development.
The consultancy is no different from consultancy in other types of expert services and the precedents relating to consultancy agreements can be used.
The development of software involves the creation of intellectual property to order. The software development agreement handles all aspects of the process from the definition and specification of the client’s specifications through development and testing to delivery of the end product. The scope of service to be supplied by the developer and ownership of the new intellectual property created are precisely defined in the agreements.
Software development agreement
A detailed agreement for the development of custom software. This agreement covers
- definitions ,
- specification of the software,
- steps in production,
- production milestones and
- project plan,
- interim payments
- A portion of payments are withheld for a warranty period.
- 4 Schedules containing particulars
A complex agreement running that seeks to control and monitor as many variables as possible in this type of project. 21 pages long.
Software maintenance agreement
Agreement licensing the use of software and accompanying manuals with an inbuilt commitment to service. The software provider agrees to allow use of its software and manuals and keep them up to date. The provider also agrees to provide helpdesk and technical support. 13 pages long.