What are some clauses to include in a software development contract?
Are you looking to hire someone to help with your software development, but not sure what clauses to include into the contract agreement? Well, there are many important legal measures that should be taken in order to protect both the developer and the client.
In this article we will be taking a look at five essential clauses to include into a software development contract.
1. Design & Development
When it comes to software development, there are many factors that go into the design and development process. The process tends to vary greatly depending on the experience and size of the team involved.
For this reason it is important to create a clause in your contract to decide on issues such as: Completion times for the project, software specifications and the extent of the client’s involvement in the development process.
2. Installation & Integration
Before actually being able the use the software that has been developed, it will usually need to be installed. In your software development contract, you may want to include a clause to decide which party is responsible for actually integrating the software.
This process is very important and it is essential to include it in order to avert potential issues that could arise towards the end of your contractual agreement.
3. Intellectual Property Rights
Another important clause that will need to be addressed in your contract are the copyright laws. Since the developer is the one who created the software, they technically own it.
Software is primarily protected by the law of copyright, and so the developer will need to grant a license to the customer or provide them with the rights to the intellectual property in order for the client to legally use it.
4. Support Service
Next on our list of important clauses to address in your software development contract is one pertaining to whether or not support services are included after the job is done. Many contracts do indeed involve support service ranging from simple to complex issues.
One should consider the range of support provided after the software is complete such as: Which problems and questions will be covered by the developer, appropriate response and resolution times and in which circumstances should support services requirement payment. By covering these bases you can expect to reach a fair agreement as to both what the developer and client are responsible for after a project is officially completed.
5. Maintenance Services and Upgrades
Last on our list of clauses that should be included in a software development agreement are maintenance and upgrade services. One will definitely need to address what updates are required to deal with the ever changing technological standards. The party responsible for such changes should be included in the contract. It should also be decided whether updates are going to be mandatory or not.
And there we have it, five essential clauses that should be included into your development contracts. If you’re looking for a place to start, try this software development contract template in order to get a general idea of how your contract should look. Are there any other tips you would considering adding into a software development contract? Feel free to comment about them below.