Agile Software Development Agreement Template for Ireland

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Key Requirements PROMPT example:

Agile Software Development Agreement

"I need an Agile Software Development Agreement for a 12-month project starting January 2025, where my company will be developing a cloud-based CRM system for a mid-sized retail client, with sprints delivered every two weeks and payment structure based on completed sprints."

Document background
The Agile Software Development Agreement is designed for use in the Irish jurisdiction when engaging software development services using Agile methodology. This contract type is essential when businesses need a flexible yet legally robust framework for managing iterative software development projects. It incorporates key elements of Irish contract law, EU data protection regulations, and industry best practices while accommodating the dynamic nature of Agile development. The agreement is particularly valuable for projects requiring regular client interaction, frequent deliverables, and adaptive planning. It includes provisions for sprint planning, backlog management, acceptance testing, and change control, while addressing crucial legal aspects such as intellectual property rights, data protection, and liability allocation. This document is commonly used by technology companies, digital agencies, and businesses undertaking custom software development projects in Ireland.
Suggested Sections

1. Parties: Identification and details of the contracting parties (Service Provider and Customer)

2. Background: Context of the agreement and high-level overview of the agile development arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including agile-specific terminology

4. Agile Development Process: Description of the agreed agile methodology, sprint cycles, and development practices

5. Services: Scope of services, including development, testing, and delivery obligations

6. Customer Obligations: Customer's responsibilities, including provision of materials, product owner participation, and timely feedback

7. Change Control: Process for managing changes to user stories, backlog items, and sprint planning

8. Acceptance Testing: Procedures for testing and accepting deliverables after each sprint

9. Payment Terms: Fees, payment schedule, and terms for time and materials or fixed-price components

10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed intellectual property

11. Data Protection: GDPR compliance and data processing obligations

12. Confidentiality: Protection of confidential information exchanged during the project

13. Term and Termination: Duration of the agreement and termination rights

14. Liability and Indemnities: Limitations of liability and indemnification obligations

15. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Service Levels: Specific performance metrics and service levels, used when the project requires defined performance standards

2. Security Requirements: Detailed security obligations and standards, included for projects involving sensitive data or systems

3. Business Continuity: Disaster recovery and business continuity requirements, relevant for business-critical applications

4. Third-Party Software: Terms governing the use of third-party software and open-source components

5. Training and Knowledge Transfer: Provisions for training customer staff and knowledge transfer, included when post-development support is required

6. Warranty Period: Extended warranty terms beyond basic obligations, used for complex or high-risk projects

7. Exit Management: Detailed exit and transition provisions, important for business-critical or long-term projects

Suggested Schedules

1. Project Specifications: Initial product backlog, high-level requirements, and technical specifications

2. Pricing and Payment Schedule: Detailed breakdown of rates, costs, and payment milestones

3. Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies

4. Personnel: Key personnel, roles, and responsibilities including the Scrum Master and Product Owner

5. Technical Standards: Required technical standards, coding practices, and documentation requirements

6. Testing Procedures: Detailed testing methodology, acceptance criteria, and test cases

7. Security Requirements: Detailed security standards, protocols, and compliance requirements

8. Change Control Procedures: Detailed procedures for implementing and documenting changes

9. Data Processing Agreement: GDPR-compliant data processing terms and procedures

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
Clauses
Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Manufacturing

Professional Services

Education

Government

Retail

Insurance

Banking

Media and Entertainment

Relevant Teams

Legal

Procurement

Information Technology

Software Development

Project Management

Operations

Risk and Compliance

Commercial

Digital

Technical Operations

Vendor Management

Relevant Roles

Chief Technology Officer

Project Manager

Scrum Master

Product Owner

Legal Counsel

Procurement Manager

IT Director

Software Development Manager

Contract Manager

Chief Information Officer

Head of Digital

Technical Director

Development Team Lead

Commercial Director

Risk Manager

Compliance Officer

Industries
Irish Contract Law (Common Law): Fundamental principles of contract formation, validity, and enforcement under Irish common law, including offer, acceptance, consideration, and intention to create legal relations
General Data Protection Regulation (GDPR): EU regulation implemented in Ireland through the Data Protection Act 2018, governing the processing of personal data and relevant for software development projects involving data processing
Copyright and Related Rights Act 2000: Irish legislation governing intellectual property rights, particularly relevant for software copyright protection and ownership of developed code
European Union (Protection of Consumers in respect of Contracts Made by Means of Distance Communication) Regulations 2001: Regulations protecting consumers in distance contracts, potentially applicable if the software is being developed for a consumer client
Electronic Commerce Act 2000: Irish legislation governing electronic transactions and digital signatures, relevant for contract execution and electronic communications
Employment (Miscellaneous Provisions) Act 2018: Important for defining contractor relationships and ensuring proper classification of development team members
European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001: Relevant if the agreement involves remote service provision to consumers
Sale of Goods and Supply of Services Act 1980: Governs the quality and fitness for purpose of services, including software development services
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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