Time And Materials Software Development Contract Template for Philippines

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Key Requirements PROMPT example:

Time And Materials Software Development Contract

"I need a Time and Materials Software Development Contract for a fintech startup engaging an external development team to build a mobile payment application, with strong IP protection clauses and clear provisions for agile development methodology."

Document background
This Time And Materials Software Development Contract is designed for use in the Philippine jurisdiction when engaging software development services on a flexible, time-based billing arrangement. It is particularly suitable when the scope of work cannot be precisely defined upfront or when the project requirements are likely to evolve. The contract incorporates essential elements of Philippine contract law, intellectual property provisions, data privacy requirements, and e-commerce regulations. It includes comprehensive provisions for rate structures, time tracking, material costs, project management procedures, and change control mechanisms. This document type is commonly used by technology companies, corporate clients, and government entities in the Philippines who require custom software development services with transparent pricing and flexible scope management.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the parties' intentions

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

4. Scope of Services: Overview of the software development services to be provided

5. Time and Materials Basis: Details of charging structure, rates, and time recording

6. Payment Terms: Billing frequency, payment methods, and payment timelines

7. Project Management: Management structure, reporting requirements, and communication protocols

8. Personnel: Requirements for personnel, including key personnel provisions and replacement procedures

9. Change Control: Process for requesting and implementing changes to the scope or requirements

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Philippine Data Privacy Act and data handling requirements

13. Warranties: Warranties regarding service quality and performance

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

15. Term and Termination: Contract duration and termination provisions

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

Optional Sections

1. Service Levels: Specific service level agreements and metrics - include when performance metrics are crucial

2. Security Requirements: Detailed security obligations - include for projects involving sensitive data

3. Disaster Recovery: Disaster recovery and business continuity provisions - include for business-critical applications

4. Third Party Components: Provisions regarding use of third-party software - include when third-party tools will be used

5. Training: Training obligations and knowledge transfer - include when client team training is required

6. Maintenance and Support: Post-development support terms - include when ongoing support is part of the arrangement

7. Insurance: Specific insurance requirements - include for high-value or high-risk projects

Suggested Schedules

1. Schedule 1 - Technical Requirements: Detailed technical specifications and requirements

2. Schedule 2 - Rate Card: Agreed rates for different personnel categories and other chargeable items

3. Schedule 3 - Key Personnel: List of key personnel and their roles

4. Schedule 4 - Project Timeline: High-level project timeline and major milestones

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

6. Schedule 6 - Security Standards: Detailed security standards and requirements

7. Schedule 7 - Change Request Template: Template for submitting and documenting change requests

8. Appendix A - Project Governance: Detailed project governance structure 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

Education

E-commerce

Manufacturing

Telecommunications

Government

Retail

Professional Services

Insurance

Banking

Media and Entertainment

Logistics and Transportation

Relevant Teams

Legal

Information Technology

Procurement

Finance

Operations

Risk Management

Compliance

Vendor Management

Project Management Office

Software Development

Quality Assurance

Information Security

Relevant Roles

Chief Technology Officer

IT Director

Project Manager

Legal Counsel

Procurement Manager

Software Development Manager

Contract Administrator

Chief Information Officer

Technical Project Lead

Operations Director

Chief Financial Officer

Vendor Management Specialist

Risk Management Officer

Compliance Officer

IT Procurement Specialist

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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