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Discuss When You Need a Software Development and Maintenance Agreement?As a software and application developer, creating, customizing,
maintaining and supporting software programs is the core of your
business, and likely the most important asset to your company.
Safeguarding that asset is absolutely essential to operation. What are
you doing to protect your work and limit your terms of support? When
should you use a software maintenance agreement?In nearly every
business relationship you foster, it is essential to protect yourself
and your business, especially if you work as a software and application
developer.Custom software development and software maintenance
agreements protect your rights during the term of the relationship with
a specific client. These agreements will determine the length of the
engagement, the level and hours of support and maintenance for which
you are responsible, and any updates or enhancements that they may be
entitled to. It also states which support, maintenance and installation
services that do not fall in the parameters of the scope of work might
require additional compensation. Most importantly, the
agreement will limit your liabilities and responsibilities, excluding
errors that result from client misuse, alteration or damage, and will
prohibits your clients from hiring away your maintenance and support
employees. Agreements will vary based on each software
developer's needs, and reviewing software development and software
maintenance agreement samples can provide some perspective on what
should go into the contract. Finding a reputable business that supplies
software maintenance templates will save you time and ensure all of the
necessary provisions are included. Businesses will typically offer
software maintenance templates in a package that might include:*
Custom Software Development Agreements: These agreements protect your
intellectual property rights and limit your liability, when developing
software and applications for clients. It will also define all terms of
use and prices for work developed or performed, protect your right to
collect payment, and prevent clients from hiring away your employees.*
Custom Software Maintenance and Support Agreements: Protect your rights
during the term of the relationship with a specific client. It
determines the length of the engagement, the level and hours of support
and maintenance for which you are responsible, and any updates or
enhancements that they may be entitled to. It also states which
support, maintenance and installation services are not included in the
basic scope of work and that might require additional compensation.*
Employment Contracts: When hiring new employees, these will protect
intellectual property rights and confidential information. It also
establishes non-compete and non-hire provisions, which prevent
employees from taking clients or workers from the company.*
Software Customization Agreements: Clearly and concisely outline the
scope of work on all software customization services, and warrants you
the necessary licensing rights to permit you to modify the software. It
also defines ownership of intellectual property rights and confidential
information, as well as price and payment terms. Finally, it limits
your liability for damages resulting from your work.*
Subcontractor / Independent Contractor Agreements: These detail the
performance expectations of a subcontractor and set the scope of
services, price and payment terms, and solutions should you become
dissatisfied with the services provided. It will also protect
intellectual property rights and confidential information, and give you
authority to terminate the agreement.Software development and
software maintenance agreements, and other supporting agreements or
contracts, will help guide the relationship between you and a potential
client and set expectations for any ongoing service or maintenance and
the costs associated with them. A signed, clearly defined agreement
will set the relationship off on the right foot and help protect
against service-related problems in the future.
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