The Simple Software Development Contract is designed for use in the Malaysian market where there is a growing need for clearly structured yet accessible software development agreements. This document is particularly suitable for small to medium-sized software development projects where parties need a comprehensive but not overly complex agreement. It incorporates key requirements under Malaysian law, including compliance with the Contracts Act 1950, Digital Signature Act 1997, and Copyright Act 1987. The contract covers essential elements such as project scope, development methodology, deliverables, testing procedures, and intellectual property rights, while remaining adaptable to various types of software development projects. It is specifically crafted to balance the interests of both developers and clients while ensuring legal compliance in the Malaysian jurisdiction.
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1. Parties: Identification of the client and developer, including registered addresses and company registration numbers
2. Background: Context of the agreement and brief description of the project objectives
3. Definitions: Definitions of technical terms, project-specific terminology, and legal terms used in the agreement
4. Scope of Services: Detailed description of the software development services to be provided
5. Project Timeline and Milestones: Key dates, development phases, and delivery schedules
6. Developer's Obligations: Core responsibilities of the developer including development standards and methodologies
7. Client's Obligations: Client's responsibilities including provision of information, materials, and approvals
8. Acceptance Testing: Procedures for testing deliverables and acceptance criteria
9. Payment Terms: Fee structure, payment schedule, and payment conditions
10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Standard warranties regarding service quality and compliance with specifications
13. Limitation of Liability: Caps on liability and exclusions
14. Term and Termination: Contract duration and termination provisions
15. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Source Code Escrow: Optional section for arrangements to deposit source code with a third party, recommended for business-critical software
2. Maintenance and Support: Optional section for ongoing maintenance and support services post-development
3. Data Protection: Required if the software will process personal data, detailing compliance with PDPA 2010
4. Change Management: Procedures for handling change requests and scope modifications
5. Security Requirements: Specific security standards and compliance requirements, important for sensitive applications
6. Third-Party Components: Details of third-party software components and associated licenses
7. Training: Provisions for training client's staff on the software
8. Disaster Recovery: Business continuity and disaster recovery procedures, important for critical systems
1. Schedule 1 - Software Specifications: Detailed technical specifications and functional requirements
2. Schedule 2 - Project Plan: Detailed project timeline, milestones, and deliverables
3. Schedule 3 - Acceptance Test Criteria: Specific criteria and procedures for acceptance testing
4. Schedule 4 - Fee Schedule: Detailed breakdown of fees, payment milestones, and rates
5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for development and support
6. Appendix A - Technical Environment: Details of the development and deployment environment specifications
7. Appendix B - Contact Details: Key personnel and escalation contacts for both parties
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