With a Software Development Agreement, Website, or App, a customer entrusts a supplier with the creation of programs for computer systems of any kind in exchange for a fee. The supplier undertakes to create the product according to the technical specifications provided by the customer, independently organizing the necessary means and committing himself to complete the assignment at his own risk.
In the Italian legal system, there is no specific type of agreement to create software, a site, or an application. It, therefore, falls into the category of contracts for the realization of intellectual works. Depending on the type of supplier who will carry out the work, work performance will be generated (for natural persons, professionals or sole proprietors) or a work contract (if the supplier is a company).
The supplier, if a natural person, does not have an employment contract with the customer and must not be subject to any subordination constraints towards him. Time management and organization methods for the execution of the work are freely determined by him, within the limits of the instructions received from the client.
When using a custom software development agreement or website
Making these products is particularly delicate. Being an intellectual and intangible work, it will be crucial to establish precise and clear technical specifications, which describe the product in a timely manner to avoid future disputes. The creation of a document that defines as much as possible the characteristics of the software, the site or the app, in fact, is essential to start a new project.
Determining specifications can be complex in situations where the requirements and definitive details of the system to be implemented are not immediately clear. The solution that is normally adopted in these cases consists in the use of annotated drawings, diagrams and mockups to describe the final result to be obtained. These documents can be included as annexes to the main agreement, to allow the parties to define the work to be done in a more streamlined way without elaborating complex textual descriptions.
Another crucial issue for software and the web is the need to regulate aspects related to intellectual property, confidentiality and exclusivity. In many cases it will be necessary to ensure in the contractual document that the ownership of the produced source code is transferred to the client and that the supplier is bound by appropriate clauses to ensure that the client has the opportunity to use and fully control the final product.
A third peculiarity is represented by the fact this agreement is designed to commission a defined product, which must be described in advance and specifically identified, and which must be delivered within a certain deadline set by the parties. On the other hand, it must not be used for services that last over time and do not require a final delivery. Some examples of such activities could be software maintenance, technical assistance or ongoing bug fixing. In these cases, it will be appropriate to use a service supply contract, which will better regulate the ongoing relationship between the parties.
What the model software development agreement contains
Our website, app and software development agreement meets all legal requirements. The main clauses concern:
- Object: the description of the work to be carried out, which may include any attachments, drawings and additional technical specifications
- Fee: the possibility of indicating fixed or hourly fees, with any advances and payments staggered over time
- Start and delivery: a start date can be set for the work, and a delivery deadline must always be indicated
- Penalties: the option to enter a penalty in case of late delivery
- Reimbursement of expenses: for particular costs incurred by the supplier
- Verification or testing period: in which the client checks the correct execution of the work
- Exclusive: to bind the supplier not to enter into business with the client’s competitors
- Confidentiality: To prevent the provider from disclosing confidential information
- Intellectual property: to manage the intellectual property rights of the product and its source code
- Subcontracting: to choose whether or not to authorize the possible assignment of the work to third parties.
Furthermore, after the purchase, we will guide you step by step through all the subsequent formalities necessary for your document to be valid and effective.
Information you need
All parts data are required to complete the document.
Remember that our interview does not generate a simple software development contract facsimile. Based on your answers, the system automatically draws up a customized contract model for your needs, guaranteeing its legal correctness.
The document can be modified free of charge in all its parts without time limits. Don’t worry so if you don’t have all the information available during the interview, you can always enter it later.
Other useful templates and facsimiles
- Continuous Service Supply Agreement: to regulate the relationship between a customer and the supplier of a continuous service over time
- Terms and Conditions: to govern the rights and obligations of users of a website or application
- Software License Agreement: To use one or more copies of a program for a limited or unlimited period of time
- User License Agreement: to use an intellectual property right (trademark, patent, know-how, design, etc.)
- E-marketplace Membership Conditions: to regulate the relationship between the owner of an online marketplace and suppliers who sell products and/or services to users