Software Subcontractor Agreement for Malta

Software Subcontractor Agreement Template for Malta

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Software Subcontractor Agreement

"I need a Software Subcontractor Agreement for engaging a Malta-based developer to work on our fintech platform, with strict data protection provisions and source code ownership clauses, starting March 2025."

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What is a Software Subcontractor Agreement?

The Software Subcontractor Agreement is essential for businesses operating in Malta's growing technology sector who need to engage external software development resources. This document is typically used when a primary contractor needs to delegate software development work to a third party while maintaining their obligations to the end client. The agreement, governed by Maltese law and compliant with EU regulations, covers crucial elements including scope of work, intellectual property rights, data protection, quality standards, and confidentiality. It's particularly important in Malta's context as a technology hub, where many international companies operate and require clear legal frameworks for their software development projects. The document ensures alignment with both Malta's Companies Act and relevant EU directives while protecting all parties' interests in the software development process.

What sections should be included in a Software Subcontractor Agreement?

1. Parties: Identification and details of the main contractor and subcontractor

2. Background: Context of the agreement, including reference to the main contract and reason for subcontracting

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

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

5. Term and Timelines: Duration of the agreement and key project milestones

6. Payment Terms: Compensation, payment schedule, invoicing requirements, and expenses

7. Performance Standards: Quality standards, acceptance criteria, and performance metrics

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

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: GDPR compliance and data handling requirements

11. Warranties and Representations: Guarantees regarding service quality, authority to contract, and compliance

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. Termination: Conditions for termination and consequences

14. Post-Termination Obligations: Obligations surviving termination including code handover

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

What sections are optional to include in a Software Subcontractor Agreement?

1. Security Requirements: Specific security protocols and requirements, included when dealing with sensitive data or systems

2. Source Code Escrow: Arrangements for source code protection, used when source code security is crucial

3. Non-Competition: Restrictions on competitive activities, included when protecting market position

4. Insurance: Specific insurance requirements, included for high-value or high-risk projects

5. Service Level Agreement: Detailed performance metrics and penalties, used for ongoing service provisions

6. Change Control: Procedures for managing changes to specifications, included for complex projects

7. Disaster Recovery: Business continuity requirements, included for critical systems development

8. Third-Party Code: Provisions regarding use of open source or third-party software

9. Training and Knowledge Transfer: Requirements for training client staff, included when knowledge transfer is needed

10. Audit Rights: Rights to audit development processes, included for regulated industries

What schedules should be included in a Software Subcontractor Agreement?

1. Schedule 1 - Services Description: Detailed technical specifications and requirements for the software development

2. Schedule 2 - Service Levels: Specific performance metrics, response times, and quality standards

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

4. Schedule 4 - Project Timeline: Detailed project phases, milestones, and delivery dates

5. Schedule 5 - Testing Procedures: Acceptance testing criteria and procedures

6. Schedule 6 - Security Protocols: Detailed security requirements and compliance procedures

7. Schedule 7 - Personnel: Key personnel assignments and qualifications

8. Appendix A - Main Contract Extract: Relevant excerpts from the main contract affecting subcontractor obligations

9. Appendix B - Technical Stack: Approved technologies, frameworks, and development tools

10. Appendix C - Documentation Requirements: Requirements for technical documentation and deliverables

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Software Development

Technology Consulting

Digital Services

E-commerce

Financial Technology

Gaming and iGaming

Telecommunications

Professional Services

Healthcare Technology

Relevant Teams

Legal

Procurement

Information Technology

Software Development

Operations

Compliance

Project Management

Vendor Management

Technical Operations

Quality Assurance

Relevant Roles

Chief Technology Officer

Project Manager

Legal Counsel

Procurement Manager

Software Development Manager

Contracts Manager

IT Director

Technical Lead

Operations Director

Compliance Officer

Software Engineer

Development Team Lead

Product Owner

Chief Information Officer

Vendor Manager

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