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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."
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
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
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
Accepted
Affiliate
Applicable Law
Background IP
Business Day
Change Request
Charges
Client
Client Materials
Confidential Information
Contract
Contractor
Data Protection Laws
Defect
Deliverables
Developer
Development Services
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Materials
Milestone
Open Source Software
Personal Data
Project
Project Manager
Project Plan
Rate Card
Services
Software
Source Code
Specifications
Statement of Work
Term
Third Party Software
Time Sheet
Updates
Work Product
Working Hours
Scope of Services
Time and Materials
Payment Terms
Project Management
Change Control
Personnel
Client Obligations
Quality Assurance
Acceptance Testing
Service Levels
Intellectual Property
Data Protection
Confidentiality
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Exit Management
Insurance
Audit Rights
Compliance with Laws
Anti-Corruption
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Waiver
Variation
Third Party Rights
Counterparts
Information Technology
Financial Services
Healthcare
Education
E-commerce
Manufacturing
Telecommunications
Government
Retail
Professional Services
Insurance
Banking
Media and Entertainment
Logistics and Transportation
Legal
Information Technology
Procurement
Finance
Operations
Risk Management
Compliance
Vendor Management
Project Management Office
Software Development
Quality Assurance
Information Security
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
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