The Software Development Subcontractor Agreement is essential when a primary contractor needs to engage additional development resources while maintaining their relationship with the end client. This U.S.-governed document outlines the scope of work, intellectual property rights, payment terms, and compliance requirements. It's particularly important in today's distributed development environment where specialized skills are often sourced through subcontracting arrangements. The agreement protects all parties' interests while ensuring clear delineation of responsibilities and deliverables.
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1. Parties: Identification of the primary contractor and subcontractor, including full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the software development services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Payment Terms: Compensation, payment schedule, and invoicing requirements
7. Intellectual Property Rights: Ownership and rights to developed software and related materials
8. Confidentiality: Protection of proprietary information and trade secrets
9. Independent Contractor Status: Clarification of relationship between parties
1. Non-Compete: Restrictions on working with competitors (recommended for protecting market position)
2. Insurance Requirements: Required insurance coverage for high-value or high-risk projects
3. Source Code Escrow: Terms for source code protection and access for business-critical applications
4. Security Requirements: Specific security protocols and standards for handling sensitive data
1. Statement of Work: Detailed project specifications, timelines, and deliverables
2. Rate Card: Detailed breakdown of rates and charges
3. Technical Requirements: Specific technical specifications and standards
4. Service Level Agreement: Performance metrics and service standards
5. Data Processing Agreement: Terms for handling personal or sensitive data
6. Security Protocols: Detailed security requirements and procedures
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