Software Developer Agreement

Software Developer Agreement for Microsoft Partners
Software Developer Agreement Hero

Why do you need a Software Developer Agreement?

When a company engages a Software developer to create something unique and bespoke, it gives rise to many questions about ownership, maintenance, and acceptance. This requires a carefully thought out agreement that agrees various terms and avoids future disputes over ownership.

What is a Software Developer Agreement?

A Software Development Agreement must catch all provisions and scenarios that can arise in a developer/customer relationship in order to avoid any uncertainty.

It is important to clearly state what the developer is creating, and their responsibilities for modification, training and implementation, as well as customer obligations for payment and assistance. It should also hash out the licensing and ownership of intellectual property. These are all elements that Law 365 will help to resolve with our bespoke Software Developer Agreements.

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Table of contents

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Key facts

Get the key facts for a Software Developer Agreement

Frequently Asked Questions

A: This has got to be Intellectual Property. The Software Developer will create for their client a product that may become an integral part the client’s company, perhaps even their biggest asset. It is important to set out that all proprietary rights in bespoke software will vest automatically with the client. This avoids any confusion (or arguments) further down the line.

A: Delays are usually the most common issue we see in a software developer/customer relationship. Delays may arise from either party, because of a party’s acts or omissions, changes in requirement, even Covid! It is important to carefully draft the agreement with considerations toward the implementation and timeframe of the project, considering what circumstances might allow for any extension.

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This is a “Forever Template”

We will continually update this template with the frequent Microsoft updates such as CSP and other flow down terms, plus we will update the relevant terms to ensure you can claim as many rebates as possible, and get recognised by Microsoft such as CPoR, (Claims Partner of Record) DPoR (Digital Partner of Record), and PAL (Partner Admin Link).

We will also continually update this template as the law changes, for example, GDPR (General Data Protection Regulation) and the effects of Brexit on our laws, as we untangle ourselves from the European Union.

Used by
  • Managed Services Providers
  • ISV, Software, Apps and IP
  • System Integrators Professional Services Consultancy Partners
  • Hosting Partners
  • Licensing Partners
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Kim Simmonds, CEO and Founder, Law 365

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