Agile Software Development Agreement Template for New Zealand

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Key Requirements PROMPT example:

Agile Software Development Agreement

"I need an Agile Software Development Agreement for a fintech project starting in March 2025, where we'll be engaging a New Zealand-based developer to create a mobile payment application that needs to comply with financial services regulations and include specific data protection provisions."

Document background
This Agile Software Development Agreement is specifically designed for use in New Zealand jurisdiction when engaging software development services using Agile methodologies. It should be used when a business needs to contract professional software development services with clearly defined iterative development cycles, sprint-based deliverables, and flexible scope management. The agreement incorporates essential elements required by New Zealand law while addressing the unique aspects of Agile development, including backlog management, sprint planning, and incremental delivery. It includes comprehensive provisions for intellectual property rights, data protection, payment structures, and quality assurance, making it suitable for both simple and complex software development projects. This agreement is particularly valuable for businesses seeking to establish clear terms and conditions while maintaining the flexibility inherent in Agile methodologies.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement

2. Background: Context of the agreement and high-level objectives

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

4. Term and Termination: Duration of the agreement and termination provisions

5. Agile Development Process: Description of the agile methodology, sprint structure, and ceremonies

6. Project Governance: Roles, responsibilities, and decision-making framework

7. Change Management: Process for handling changes to requirements and priorities

8. Payment Terms: Sprint-based payment structure, rates, and invoicing process

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

10. Acceptance Testing: Criteria and process for accepting deliverables

11. Warranties and Quality: Quality standards and warranties for the services and deliverables

12. Confidentiality: Protection of confidential information

13. Limitation of Liability: Liability caps and exclusions

14. General Provisions: Standard boilerplate clauses including governing law, disputes, etc.

Optional Sections

1. Data Protection: Specific provisions for handling personal data - include if the software will process personal information

2. Third-Party Components: Management of third-party software and licenses - include if third-party components will be used

3. Security Requirements: Specific security standards and compliance - include for sensitive or regulated applications

4. Service Levels: SLAs and performance metrics - include if specific performance standards are required

5. Business Continuity: Disaster recovery and business continuity - include for business-critical applications

6. International Compliance: Cross-border requirements - include if multiple jurisdictions are involved

7. Source Code Escrow: Source code escrow arrangements - include if required for risk management

8. Training and Knowledge Transfer: Training obligations - include if significant knowledge transfer is required

Suggested Schedules

1. Schedule 1 - Project Scope: Initial product backlog and high-level requirements

2. Schedule 2 - Technical Requirements: Technical specifications, architecture, and standards

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

4. Schedule 4 - Service Levels: Detailed service levels and measurement criteria

5. Schedule 5 - Key Personnel: Details of key team members and roles

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

7. Schedule 7 - Security Standards: Information security requirements and standards

8. Appendix A - Agile Ceremonies: Detailed description of agile ceremonies and processes

9. Appendix B - Documentation Standards: 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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

E-commerce

Manufacturing

Professional Services

Telecommunications

Education

Government

Insurance

Media and Entertainment

Transportation and Logistics

Energy and Utilities

Relevant Teams

Legal

Procurement

Information Technology

Software Development

Project Management Office

Operations

Risk and Compliance

Product Development

Solution Architecture

Quality Assurance

Information Security

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Project Manager

Product Owner

Scrum Master

Software Development Manager

Legal Counsel

Procurement Manager

Contract Manager

Business Analyst

Technical Architect

Development Team Lead

Operations Manager

Risk Manager

Compliance Officer

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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