Software development contract

A software development contract is the backbone of any development, whether it is software development in the form of a simple mobile application or a complex information system. Both parties should think about getting the development contract right so that the entire collaboration from analysis to implementation runs smoothly. If you are a developer and want to have a model contract created for your customers or you are a client and want to make sure you get what you ordered, then a development contract is the best solution!

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Smlouva o vývoji software



How software development works

At the beginning of the cooperation, the customer does not have a clear idea of what the final software should look like and what functions, features, etc. it should have. He has only a rough outline of what the work should be able to do. The contractor, on the other hand, cannot set the price, schedule the capacity and determine the time estimate without precise parameters. Both parties are thus stuck.

But there is a way out! If the client is not able to define what he actually wants at the beginning, he can do so continuously during agile development. The whole development is then divided into shorter time periods. At the beginning of each one, the parties agree on a sub-task and at the end of it the client takes over a small functional unit. The idea of the final work is thus formed continuously, based on small steps. In this case, the cooperation is usually paid for by hourly rate and reimbursement of actual costs (so-called time & material).

We will be happy to prepare an agile software development agreement for you. But maybe you are looking for something else. If you already have a development specification written at the beginning, for example in an analysis, waterfall development may suit you better. In this case, the entire work is developed at once (or according to predefined units). And it usually has a precise schedule and budget (fix time & fix price).


What to look out for in a software development contract?

  • A thorough description of the development process. When is the software completed? How is it handed over? And for how long will it be tested?
  • Agile development works differently from waterfall. Not just in practice but in contract too.
  • Watch out for bodyshopping. If you're not delivering the work, but the labor, you'll want to limit liability for the outcome.
  • Payment terms. Is the deposit paid up front or after completion? And do we have a fixed budget or an hourly rate and Time & Material scheme?
  • Licensing arrangements. Does the customer get a non-exclusive license, an exclusive license, or an outright assignment of the exercise of proprietary rights? And what does that even mean?
  • Policy on using open-source and standard components. If the software includes your CMS, the developer needs to retain the ability to sell it to other customers.
  • Is there a warranty on the software? If not, how will follow-up service be handled?
How can we help you
Software development contract
  • Basic information
  • What contract includes?
  • What do we need?
  • What do you get?

We have a development contract down to a fine art

During our existence, we have prepared dozens of software development contracts, both agile and waterfall. We have extensive experience in contract negotiation and know where the biggest risks are and can even advise you on how to optimize your business as much as possible.

Price: from 15 000 CZK + VAT

Table of contect

We always set the content of the contract according to the client's requirements, the type of cooperation and the level of trust between the parties.

  • Setting up the development work in agile or waterfall method according to the client’s idea of the final work 🌊
  • The method of testing or verifying the features of the work that is ready to be delivered by the developer 🧪
  • The entire process of handing over and accepting the work 📦
  • Splitting the price of the work into multiple installments and setting up payment terms 🤲
  • Related responsibilities of both parties, especially information provision, meetings, reporting, cooperation 🎖️
  • Handing over the source code and necessary documentation for further modifications of the source code by another person 📜
  • Definition of the client's rights to use the work (you can also have this part regulated in a separate license agreement) ©️
  • Liability for defects that the work may exhibit after delivery to the client 🌪️
  • Establishment of confidentiality obligations on information submitted by the developer 🤫
  • Ensuring compliance with contractual penalties 👮
  • The right to early termination of the contract in the event of breach of selected obligations and to resolve the consequences of termination 🔚

What do we need?

  • A description from you of how the development should proceed. Agile, waterfall, or something in between?
  • Suggest what payment model you would like.
  • A specific description of the work to be contracted, including parameters, features and other requirements
  • Description of the collaboration with the other party: is the relationship based on an existing collaboration or is it a new partner?
  • Information on what the contract should look like: traditional language or friendly style? Fair terms or no compromise?

What do you get?

  • A clearly and simply written contract that reflects the uniqueness of the client and their work
  • A reliable partner to negotiate with the other side
  • An assessment of the legal options for your contractual relationship and the selection of the most suitable option
  • Explanations and tips for using the contract correctly in the future
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