The Service Level Agreement For Software Development is a critical contract used when engaging professional software development services in New Zealand. It serves as the primary instrument for defining the relationship between a software development service provider and their client, establishing clear performance metrics, delivery standards, and accountability measures. This document is essential when organizations need custom software development with specific service level commitments and measurable performance criteria. The agreement incorporates requirements under New Zealand law, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. It typically includes detailed specifications for development methodology, acceptance testing, maintenance requirements, and remedies for service level breaches, making it suitable for both agile and traditional development approaches.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Term and Renewal: Duration of the agreement and renewal provisions
5. Service Provider Obligations: Core obligations of the developer including development standards, methodologies, and delivery commitments
6. Customer Obligations: Customer responsibilities including providing access, information, and approvals
7. Service Levels: Specific performance metrics, measurement methods, and reporting requirements
8. Development Methodology: Agreed development approach (e.g., Agile, Waterfall) and associated processes
9. Change Management: Process for requesting, approving, and implementing changes to requirements or specifications
10. Acceptance Testing: Testing procedures, acceptance criteria, and remediation processes
11. Service Credits and Penalties: Consequences of failing to meet service levels and calculation of penalties
12. Intellectual Property Rights: Ownership and licensing of developed software and related materials
13. Confidentiality: Protection and handling of confidential information
14. Data Protection and Privacy: Compliance with privacy laws and data handling requirements
15. Warranties and Representations: Guarantees regarding service quality, compliance, and performance
16. Liability and Indemnification: Limitations of liability and indemnification obligations
17. Termination: Grounds for termination and consequences
18. Dispute Resolution: Process for resolving disputes between parties
19. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Business Continuity and Disaster Recovery: Required when the software is business-critical and needs specific recovery procedures
2. Security Requirements: Detailed security obligations, needed for applications handling sensitive data
3. Third-Party Integration: Include when the software must integrate with other systems or services
4. Source Code Escrow: Required when customer needs access to source code under specific conditions
5. International Data Transfers: Necessary when data will be processed across international borders
6. Performance Incentives: Optional bonus structure for exceeding service levels
7. Training and Documentation: Detailed requirements for user training and system documentation
8. Transition Services: Required when complex handover procedures are needed at contract end
1. Schedule 1 - Service Level Specifications: Detailed metrics, targets, and measurement methods for each service level
2. Schedule 2 - Technical Requirements: Detailed technical specifications and requirements for the software
3. Schedule 3 - Development Timeline: Project milestones, deliverables, and deadlines
4. Schedule 4 - Pricing and Payment Schedule: Detailed fee structure, payment terms, and service credit calculations
5. Schedule 5 - Support and Maintenance Services: Detailed support levels, response times, and maintenance procedures
6. Schedule 6 - Change Request Template: Standard form for submitting and documenting change requests
7. Schedule 7 - Acceptance Testing Procedures: Detailed testing protocols and acceptance criteria
8. Schedule 8 - Security Standards: Specific security requirements and compliance standards
9. Appendix A - Contact Details: Key personnel and escalation contacts for both parties
Relevant legal definitions
Acceptance Criteria
Acceptance Tests
Affiliate
Agile Methodology
Agreement
Authorised Representative
Background IP
Business Day
Business Hours
Change Request
Commencement Date
Confidential Information
Customer Data
Customer Materials
Defect
Deliverables
Development Environment
Development Methodology
Documentation
Effective Date
Emergency Maintenance
Escrow Agreement
Force Majeure Event
Foreground IP
Good Industry Practice
Intellectual Property Rights
Key Personnel
Maintenance Window
Major Release
Milestone
Minor Release
Non-Conformance
Personal Information
Production Environment
Project Plan
Response Time
Resolution Time
Service Credits
Service Levels
Service Provider
Services
Software
Source Code
Specifications
Sprint
Stage
Standard of Care
System
Term
Test Environment
Third-Party Materials
Update
Upgrade
User Acceptance Testing
User Documentation
Work Product
Acceptance Tests
Affiliate
Agile Methodology
Agreement
Authorised Representative
Background IP
Business Day
Business Hours
Change Request
Commencement Date
Confidential Information
Customer Data
Customer Materials
Defect
Deliverables
Development Environment
Development Methodology
Documentation
Effective Date
Emergency Maintenance
Escrow Agreement
Force Majeure Event
Foreground IP
Good Industry Practice
Intellectual Property Rights
Key Personnel
Maintenance Window
Major Release
Milestone
Minor Release
Non-Conformance
Personal Information
Production Environment
Project Plan
Response Time
Resolution Time
Service Credits
Service Levels
Service Provider
Services
Software
Source Code
Specifications
Sprint
Stage
Standard of Care
System
Term
Test Environment
Third-Party Materials
Update
Upgrade
User Acceptance Testing
User Documentation
Work Product
Clauses
Definitions and Interpretation
Term and Duration
Service Levels
Performance Metrics
Development Obligations
Customer Obligations
Acceptance Testing
Change Management
Project Management
Quality Assurance
Documentation
Intellectual Property
Data Protection
Confidentiality
Security
Payment Terms
Service Credits
Warranties
Liability
Indemnification
Force Majeure
Termination
Exit Management
Business Continuity
Dispute Resolution
Notice
Assignment
Subcontracting
Compliance
Audit Rights
Insurance
Non-Solicitation
Governing Law
Entire Agreement
Variation
Severability
Third Party Rights
Source Code Escrow
Support and Maintenance
Training
Transition Services
Disaster Recovery
Risk Management
Integration Requirements
Testing Procedures
Reporting Requirements
Personnel Requirements
Access Rights
Communication Protocols
Version Control
Release Management
Term and Duration
Service Levels
Performance Metrics
Development Obligations
Customer Obligations
Acceptance Testing
Change Management
Project Management
Quality Assurance
Documentation
Intellectual Property
Data Protection
Confidentiality
Security
Payment Terms
Service Credits
Warranties
Liability
Indemnification
Force Majeure
Termination
Exit Management
Business Continuity
Dispute Resolution
Notice
Assignment
Subcontracting
Compliance
Audit Rights
Insurance
Non-Solicitation
Governing Law
Entire Agreement
Variation
Severability
Third Party Rights
Source Code Escrow
Support and Maintenance
Training
Transition Services
Disaster Recovery
Risk Management
Integration Requirements
Testing Procedures
Reporting Requirements
Personnel Requirements
Access Rights
Communication Protocols
Version Control
Release Management
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Manufacturing
Government
Education
Telecommunications
Professional Services
Retail
Insurance
Banking
Construction
Real Estate
Transportation
Energy
Relevant Teams
Legal
Information Technology
Procurement
Operations
Software Development
Quality Assurance
Information Security
Risk Management
Compliance
Project Management
Vendor Management
Digital Innovation
Enterprise Architecture
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Project Manager
Legal Counsel
Procurement Manager
Contract Manager
Chief Information Officer
Software Engineer
Quality Assurance Manager
IT Operations Manager
Business Analyst
Solutions Architect
Chief Digital Officer
Vendor Manager
Information Security Manager
Risk Manager
Compliance Officer
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