The Software Developer Contractor Agreement is essential for businesses in England and Wales engaging independent software developers. This agreement defines the commercial relationship while ensuring compliance with IR35 and other relevant UK legislation. It's particularly important in today's digital economy where flexible technical resource engagement is common. The document addresses key areas including scope of work, deliverables, intellectual property assignments, confidentiality provisions, and payment terms, while maintaining clear contractor status distinction from employment relationships.
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1. Parties: Identifies the contracting parties with full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of software development services to be provided
5. Payment Terms: Rates, payment schedule, and invoicing procedures
6. Intellectual Property Rights: Ownership and transfer of IP created during the engagement
7. Confidentiality: Protection of sensitive information
8. Term and Termination: Duration and conditions for ending the agreement
1. Non-Compete: Restrictions on working with competitors - use when protecting market position is crucial
2. Equipment Provision: Terms for providing/using hardware or software - include when client provides equipment
3. Service Levels: Performance metrics and standards - include for complex or critical projects
4. Change Control: Process for managing scope changes - include for projects with evolving requirements
1. Schedule 1 - Project Specifications: Detailed technical requirements and deliverables
2. Schedule 2 - Rate Card: Detailed breakdown of charges and rates
3. Schedule 3 - Service Levels: Performance metrics and measurement criteria
4. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms
5. Appendix B - Acceptable Use Policy: Guidelines for system and resource usage
Relevant legal definitions
Agreement
Background IPR
Business Day
Client
Client Materials
Confidential Information
Contractor
Deliverables
Development Services
Documentation
Effective Date
Fees
Force Majeure Event
Foreground IPR
Good Industry Practice
Intellectual Property Rights
Key Personnel
Milestone
Personal Data
Project
Project Manager
Project Plan
Services
Software
Source Code
Specification
Term
Third Party Software
Working Hours
Works
Background IPR
Business Day
Client
Client Materials
Confidential Information
Contractor
Deliverables
Development Services
Documentation
Effective Date
Fees
Force Majeure Event
Foreground IPR
Good Industry Practice
Intellectual Property Rights
Key Personnel
Milestone
Personal Data
Project
Project Manager
Project Plan
Services
Software
Source Code
Specification
Term
Third Party Software
Working Hours
Works
Clauses
Interpretation
Appointment
Services
Payment Terms
Contractor Obligations
Client Obligations
Intellectual Property Rights
Confidentiality
Data Protection
Non-Compete
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Insurance
Term and Termination
Force Majeure
Assignment and Subcontracting
Notices
Dispute Resolution
Entire Agreement
Variation
Severability
Waiver
Third Party Rights
Governing Law
Jurisdiction
Appointment
Services
Payment Terms
Contractor Obligations
Client Obligations
Intellectual Property Rights
Confidentiality
Data Protection
Non-Compete
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Insurance
Term and Termination
Force Majeure
Assignment and Subcontracting
Notices
Dispute Resolution
Entire Agreement
Variation
Severability
Waiver
Third Party Rights
Governing Law
Jurisdiction
Relevant Industries
Relevant Teams
Relevant Roles
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