Simple Software Development Agreement Template for Belgium

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Key Requirements PROMPT example:

Simple Software Development Agreement

"I need a Simple Software Development Agreement for a fintech startup engaging a development company to create a mobile payment application, with specific focus on data security and GDPR compliance, to be completed by March 2025."

Document background
The Simple Software Development Agreement is designed for use in the Belgian legal context when engaging a software developer or development company to create custom software solutions. This document is particularly suitable for straightforward development projects where a clear scope can be defined and standard development methodologies apply. It addresses key aspects required under Belgian law and EU regulations, including intellectual property rights, data protection, and delivery terms. The agreement is structured to provide adequate protection for both parties while avoiding unnecessary complexity. It includes essential provisions for project management, quality assurance, and acceptance testing, making it suitable for both business-to-business and professional engagements. This document should be used when commissioning new software development work where the requirements are well-defined and the project scope is relatively standard.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and general purpose of the software development project

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the software development services to be provided

5. Project Timeline and Milestones: Development schedule, delivery dates, and key project milestones

6. Payment Terms: Fee structure, payment schedule, and invoicing requirements

7. Acceptance Testing: Procedures for testing and accepting deliverables

8. Intellectual Property Rights: Ownership and licensing of developed software and related materials

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection

11. Warranties and Representations: Guarantees regarding service quality and compliance with laws

12. Limitation of Liability: Limits on parties' liability and exclusions

13. Term and Termination: Duration of agreement and termination conditions

14. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices

Optional Sections

1. Source Code Escrow: Optional provisions for source code escrow arrangements for critical software

2. Change Management: Procedures for handling change requests during development

3. Service Level Agreement: Specific performance metrics and response times if ongoing support is included

4. Third-Party Software: Provisions regarding use and licensing of third-party components

5. Security Requirements: Specific security standards and requirements for high-security projects

6. Training and Documentation: Requirements for user training and documentation delivery

7. Disaster Recovery: Procedures for data backup and recovery in critical systems

8. Non-Solicitation: Restrictions on hiring each other's employees

Suggested Schedules

1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the software

2. Schedule 2 - Project Plan: Detailed project timeline, milestones, and deliverables

3. Schedule 3 - Acceptance Criteria: Specific criteria for accepting deliverables

4. Schedule 4 - Fee Schedule: Detailed breakdown of fees and payment milestones

5. Schedule 5 - Service Level Requirements: Detailed performance metrics and service levels if applicable

6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions

7. Appendix B - Security Requirements: Detailed security specifications and requirements

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

Relevant legal definitions
Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Retail

Education

Telecommunications

Insurance

Banking

Logistics

Media and Entertainment

Real Estate

Automotive

Relevant Teams

Legal

Information Technology

Procurement

Operations

Software Development

Project Management

Commercial

Risk Management

Compliance

Digital Innovation

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Project Manager

Legal Counsel

Procurement Manager

Business Development Manager

Contract Manager

Technical Lead

Operations Director

Chief Information Officer

Head of Digital

Innovation Manager

Technology Consultant

Commercial Director

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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