So, you’ve worked very hard and mastered software development; you have what it takes to be a software developer, and finally, you got hired to develop a software product for a client. How do you ensure the client holds up their end of the bargain?
How do you make sure you get paid what you’re worth? How do you see to it that the client sticks to the agreed payment? What you need is a solid software development agreement (also called a contract) to back you up.
It’s okay if you don’t know the first thing about drafting a software development agreement. This article will show you what to do and how to draft yours without hassle. First, let’s find out what a software development agreement is.
What is a software development agreement?
A software development agreement is a written, legal document that binds you and a client. It outlines the terms and conditions of the services you would provide, what the client expects of your service, and the repercussions for either party if any fails to hold up their end of the agreement.
Whether it is an ongoing partnership or a one-time project, the agreement aligns both parties and ensures both sides are on the same page. The agreement compels you and the client to fulfill certain requirements within the timeframe stipulated in the contract.
How to draft your software development contract
When you present a software development agreement to a client, ensure that you are pleased with all the details it contains before you sign it. This is because you are legally obliged to fulfill the requirements within or face the repercussions.
See the important details to include in your agreement below:
1.A clear description of your intended work
Your agreement should contain a clear and detailed description of the work your client expects from you. This may include the scope of work, the (third-)parties involved, and the roles and responsibilities of key stakeholders.
2. Your job description
The agreement should also discuss your duties as the developer during and after the product has been completed. For instance, it should include if you would conduct scheduled maintenance of the product after delivery.
3.Payment details
Your agreement should have a detailed description of the payment details for the job, including payment method, the deadline for payment, invoicing details, the overall pay, and who would pay the fees.
4.Deadlines and delivery
Ensure that you include a detailed description of when the job is expected to be delivered and how it should be delivered. Talk about the start date, delivery date, and other specific days for check-ins.
5.Rights to intellectual property
Your agreement should also detail who owns the rights to the intellectual property (software) after it has been developed.
6.Tools
Some software development jobs may require that you use some tools or processes outside of your existing work tools. You must clearly specify how you intend to get these tools and if the client would be providing them or paying for them.
7.Confidentiality clauses
When creating the software, you would likely have access to the clients’ confidential information. This clause will assure the client that you will keep it safe, and confidential. It should also discuss the repercussions that may ensue if you fail to do this.
8.Cancellation and termination clauses
Finally, it is important that you include a cancellation clause that covers both parties in case of any unforeseen circumstances that warrant the cancellation of the agreement. Discuss details like fees that may be paid in the event of a cancellation.
If for any reason any party chooses to terminate a contract, your agreement should contain what is necessary to lead to a termination, and how much-written notice is necessary for such occurrence.
Conclusion
Drafting a software development agreement can be a bit of a challenge if you don’t know what it entails. This guide will show you all you need to know about drafting the perfect contract to present to your clients.
If you prefer a pre-drafted contract that you can just modify, then a software development template should be your go-to.
