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Master Services Agreement For Software Development

Master Services Agreement For Software Development Template for Ireland

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Master Services Agreement For Software Development

"I need a Master Services Agreement For Software Development to govern the relationship between my fintech startup and an external development agency in Ireland, with particular emphasis on data protection and financial services compliance, as we plan to launch our banking app in March 2025."

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Document background
The Master Services Agreement For Software Development is a foundational document used when establishing a long-term software development relationship between a service provider and a client in Ireland. It provides a comprehensive framework for managing software development projects, incorporating Irish contract law, EU regulations (particularly GDPR), and industry best practices. This agreement is essential when organizations need ongoing software development services, requiring clear terms for project execution, intellectual property rights, data protection, quality standards, and risk allocation. It's designed to comply with Irish and EU legislative requirements while providing flexibility for multiple projects through statements of work or work orders. The document addresses key aspects of modern software development including agile methodologies, acceptance testing, maintenance, and support services.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and addresses

2. Background: Context of the agreement and high-level purpose of the software development services

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Scope of Services: Overview of software development services to be provided and general methodology

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Service Provider Obligations: Key responsibilities and commitments of the development team

7. Client Obligations: Client responsibilities including providing access, information, and approvals

8. Project Management: Governance structure, reporting requirements, and communication protocols

9. Change Control: Process for requesting and implementing changes to services or deliverables

10. Acceptance Testing: Procedures for testing and accepting deliverables

11. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP

12. Fees and Payment: Payment terms, rates, and invoicing procedures

13. Data Protection: GDPR compliance and data protection obligations

14. Confidentiality: Protection of confidential information and trade secrets

15. Warranties: Service provider's warranties regarding services and deliverables

16. Limitation of Liability: Caps on liability and exclusions

17. Force Majeure: Handling of events outside parties' reasonable control

18. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Service Credits: Include when specific service levels are required with financial consequences for missing targets

2. Source Code Escrow: Add when source code needs to be held in escrow for business continuity

3. Security Requirements: Include for projects involving sensitive data or specific security compliance needs

4. Business Continuity: Add for critical systems requiring disaster recovery planning

5. Third Party Software: Include when solution involves significant third-party software components

6. Training Services: Add when training is a significant component of the services

7. Managed Services: Include when ongoing maintenance and support are part of the agreement

8. International Data Transfers: Add when services involve cross-border data transfers

9. Open Source Software: Include when open source components are used in the development

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of software development services and methodology

2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements

3. Schedule 3 - Charges: Detailed pricing, payment schedules, and rate cards

4. Schedule 4 - Technical Requirements: Technical specifications and requirements for the software

5. Schedule 5 - Project Plan: Timeline, milestones, and delivery schedule

6. Schedule 6 - Acceptance Test Criteria: Detailed acceptance testing procedures and criteria

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

8. Schedule 8 - Personnel: Key personnel and roles assigned to the project

9. Schedule 9 - Form of Change Order: Template for documenting and approving changes

10. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and details

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Acceptance Tests
Affiliate
Applicable Law
Background IP
Business Day
Change Control Procedure
Client Materials
Client Personal Data
Confidential Information
Deliverables
Development Methodology
Documentation
Effective Date
Error
Fees
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Maintenance Services
Milestone
Object Code
Personal Data
Project
Project Manager
Project Plan
Service Credits
Service Levels
Services
Software
Source Code
Specification
Statement of Work
Sub-Processor
Support Services
Term
Third Party Software
Updates
Virus
Work Order
Developer Tools
Acceptance Period
Critical Error
Data Protection Laws
Development Environment
Emergency Maintenance
Enhancement
Escrow Agreement
Go-Live Date
Implementation Services
Integration
License
Material Breach
Modifications
Open Source Software
Production Environment
Quality Standards
Release
Security Requirements
Service Provider Materials
Software Development Life Cycle
Test Environment
User Acceptance Testing
Warranty Period
Clauses
Definitions
Services Scope
Term
Termination
Payment
Intellectual Property
Confidentiality
Data Protection
Service Levels
Acceptance Testing
Change Control
Warranties
Indemnification
Limitation of Liability
Force Majeure
Project Management
Personnel
Security
Audit Rights
Insurance
Assignment
Subcontracting
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Non-Solicitation
Source Code Escrow
Business Continuity
Compliance with Laws
Third Party Rights
Anti-Bribery
Documentation
Maintenance and Support
Testing
Quality Assurance
Risk Management
Performance Monitoring
Change of Control
Relevant Industries

Technology

Financial Services

Healthcare

Retail

Manufacturing

Education

Telecommunications

Professional Services

Entertainment

E-commerce

Insurance

Banking

Public Sector

Logistics

Construction

Relevant Teams

Legal

Information Technology

Procurement

Software Development

Engineering

Operations

Risk Management

Compliance

Commercial

Project Management

Technical Operations

Digital Transformation

Vendor Management

Contract Administration

Relevant Roles

Chief Technology Officer

Chief Information Officer

Head of Legal

Legal Counsel

IT Director

Software Development Manager

Project Manager

Procurement Manager

Contract Manager

Technical Director

Head of Engineering

Chief Operating Officer

VP of Technology

IT Procurement Specialist

Commercial Director

Head of Digital Transformation

Technology Contracts Manager

Software Development Lead

Legal Operations Manager

Risk Management Officer

Industries
Sale of Goods and Supply of Services Act 1980: Governs contracts for services in Ireland, ensuring quality of service and implied terms in service contracts
General Data Protection Regulation (GDPR): EU regulation implemented in Ireland governing personal data processing and protection requirements
Data Protection Act 2018: Irish implementation of GDPR and additional national data protection requirements
Copyright and Related Rights Act 2000: Governs intellectual property rights in Ireland, particularly relevant for software development and ownership of code
European Communities (Electronic Commerce) Regulations 2000: Regulates electronic commerce and digital services provision in Ireland
Competition Act 2002: Ensures fair competition and regulates anti-competitive practices in service agreements
Protected Disclosures Act 2014: Relevant for confidentiality and whistleblowing provisions in service agreements
Electronic Commerce Act 2000: Governs electronic signatures and electronic contracts, relevant for digital service agreements
European Union (Terms of Employment) Regulations 2018: Important for determining contractor vs. employee status and related obligations
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010: Relevant for payment terms and financial compliance aspects of the agreement
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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