Software Development And Maintenance Agreement for Australia

Software Development And Maintenance Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions for software development services and ongoing maintenance support. The document outlines the development methodology, deliverables, acceptance criteria, service levels, and maintenance obligations while ensuring compliance with Australian privacy, consumer, and electronic transaction laws. It includes provisions for intellectual property rights, data protection, warranties, and liability allocation, structured to meet both immediate development needs and long-term maintenance requirements.

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What is a Software Development And Maintenance Agreement?

The Software Development and Maintenance Agreement is essential for organizations engaging external providers for custom software development and ongoing support services. This document is particularly relevant in the Australian business context, where it must comply with local legislation including the Privacy Act 1988, Australian Consumer Law, and Electronic Transactions Act 1999. It is commonly used when organizations need bespoke software solutions and want to ensure clear terms for both the initial development phase and subsequent maintenance period. The agreement covers critical aspects such as project methodology, acceptance testing, service levels, intellectual property rights, data protection, and ongoing support obligations. It's designed to protect both parties' interests while ensuring clear deliverables and performance standards.

What sections should be included in a Software Development And Maintenance Agreement?

1. Parties: Identifies and provides details of the contracting parties

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the development and maintenance services to be provided

5. Development Process: Outlines the software development methodology, phases, and deliverables

6. Acceptance Testing: Defines the acceptance criteria and testing procedures

7. Maintenance Services: Specifies ongoing maintenance and support obligations

8. Service Levels: Defines performance standards and service level requirements

9. Client Obligations: Outlines the client's responsibilities and required inputs

10. Intellectual Property Rights: Addresses ownership and licensing of IP in the developed software

11. Fees and Payment: Details the pricing structure, payment terms and conditions

12. Confidentiality: Protects confidential information of both parties

13. Data Protection and Privacy: Addresses handling of personal and sensitive data

14. Warranties: Specifies warranties regarding the software and services

15. Liability and Indemnities: Addresses risk allocation between parties

16. Term and Termination: Sets out contract duration and termination rights

17. General Provisions: Contains standard boilerplate clauses

What sections are optional to include in a Software Development And Maintenance Agreement?

1. Third-Party Software: Required when third-party software or open source components are used in development

2. Cloud Services: Needed when the software will be hosted in the cloud or uses cloud services

3. Disaster Recovery: Important for business-critical software applications

4. Change Control: Needed for projects likely to require significant changes during development

5. Security Requirements: Required for software handling sensitive data or subject to specific security standards

6. Regulatory Compliance: Needed when software must comply with specific regulatory requirements

7. Training: Include when developer will provide training services

8. Transition Services: Required when handover to client or another provider is contemplated

What schedules should be included in a Software Development And Maintenance Agreement?

1. Schedule 1 - Software Specifications: Detailed technical specifications of the software to be developed

2. Schedule 2 - Development Milestones: Timeline of development phases and delivery dates

3. Schedule 3 - Acceptance Test Criteria: Detailed acceptance testing procedures and requirements

4. Schedule 4 - Service Level Agreement: Detailed service levels, response times, and performance metrics

5. Schedule 5 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

6. Schedule 6 - Maintenance Services: Detailed description of maintenance and support services

7. Schedule 7 - Security Requirements: Detailed security standards and requirements

8. Schedule 8 - Personnel: Key personnel and their roles in the project

9. Appendix A - Technical Environment: Description of the technical environment and requirements

10. Appendix B - Change Request Template: Standard form for requesting and documenting changes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Government

Education

Telecommunications

Transportation

Energy and Utilities

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Operations

Risk and Compliance

Finance

Digital Transformation

Project Management Office

Information Security

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Project Manager

Legal Counsel

Procurement Manager

Contract Manager

Solutions Architect

Technical Lead

Operations Manager

Chief Information Officer

Chief Digital Officer

Vendor Management Officer

Risk Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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