This Software Development Agreement assumes the Developer/Contractor is creating a totally new piece of software, it assists you to set out the Acceptance Testing regime and the conduct of the tests pursuant to this to ensure the program meets with the performance criteria/project scope.

This Software Development Agreement Template includes an option whereby either the Customer or the Contractor will own the intellectual property in the software created under the agreement and includes an appropriate licence back to the other party.

If liquidated damages are to be payable by the Contractor in the event of a missed Milestone or other delay, the nominated fee per business/calendar day must be ‘a genuine pre-estimate of damage’ otherwise in the event of any legal claim the liquidated damages may be held to be a penalty and therefore not enforceable.

This Software Development Agreement is vital to ensure you have all your ducks in a row in regards to: Acceptance Testing Benchmarks along with penalties if the application does not meet those benchmarks and Circumstances surrounding delay of the project along with penalties for those delays. A separate Contractor Agreement is not required when using this agreement.

This Software Development Agreement includes the following provisions:

1. Term
2. Project Scope
3. Software Specification
4. Intellectual Property Rights
5. Confidentiality
6. Acceptance Testing
7. Customer's Obligations
8. Contractor's Warranties, Representations & Obligations
9. Privacy
10. Publicity
11. Fees & Payment
12. Delays
13. Limitation of Liability
14. Indemnities
15. Termination
16. Dispute Resolution
17. Notices
18. General Provisions
19. Special Provisions
20. Definitions

Please note that this Software Development Agreement attaches six Schedules for completion.

Customer comments for this document:

1. The ability to customise after the purchase was a lifesaver. - David Barton