The Simple Software Development Agreement is designed for use in the Belgian legal context when engaging a software developer or development company to create custom software solutions. This document is particularly suitable for straightforward development projects where a clear scope can be defined and standard development methodologies apply. It addresses key aspects required under Belgian law and EU regulations, including intellectual property rights, data protection, and delivery terms. The agreement is structured to provide adequate protection for both parties while avoiding unnecessary complexity. It includes essential provisions for project management, quality assurance, and acceptance testing, making it suitable for both business-to-business and professional engagements. This document should be used when commissioning new software development work where the requirements are well-defined and the project scope is relatively standard.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general purpose of the software development project
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the software development services to be provided
5. Project Timeline and Milestones: Development schedule, delivery dates, and key project milestones
6. Payment Terms: Fee structure, payment schedule, and invoicing requirements
7. Acceptance Testing: Procedures for testing and accepting deliverables
8. Intellectual Property Rights: Ownership and licensing of developed software and related materials
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection
11. Warranties and Representations: Guarantees regarding service quality and compliance with laws
12. Limitation of Liability: Limits on parties' liability and exclusions
13. Term and Termination: Duration of agreement and termination conditions
14. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices
1. Source Code Escrow: Optional provisions for source code escrow arrangements for critical software
2. Change Management: Procedures for handling change requests during development
3. Service Level Agreement: Specific performance metrics and response times if ongoing support is included
4. Third-Party Software: Provisions regarding use and licensing of third-party components
5. Security Requirements: Specific security standards and requirements for high-security projects
6. Training and Documentation: Requirements for user training and documentation delivery
7. Disaster Recovery: Procedures for data backup and recovery in critical systems
8. Non-Solicitation: Restrictions on hiring each other's employees
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the software
2. Schedule 2 - Project Plan: Detailed project timeline, milestones, and deliverables
3. Schedule 3 - Acceptance Criteria: Specific criteria for accepting deliverables
4. Schedule 4 - Fee Schedule: Detailed breakdown of fees and payment milestones
5. Schedule 5 - Service Level Requirements: Detailed performance metrics and service levels if applicable
6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions
7. Appendix B - Security Requirements: Detailed security specifications and requirements
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