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Custom Software Development Agreement

Custom Software Development Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Custom Software Development Agreement

"I need a Custom Software Development Agreement for a UAE-based fintech startup engaging an international developer to create a mobile payment application, with specific emphasis on data protection and compliance with UAE Central Bank regulations."

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Document background
The Custom Software Development Agreement is essential for organizations in the UAE seeking to engage professional developers for creating bespoke software solutions. This document is particularly relevant in the context of the UAE's rapid digital transformation and growing technology sector, where organizations increasingly require customized software solutions. The agreement must comply with UAE Federal Laws, including electronic commerce regulations, data protection requirements, and intellectual property rights. It typically covers project specifications, development methodology, acceptance criteria, warranty terms, and maintenance provisions, while ensuring alignment with UAE-specific legal requirements and business practices. The document is designed to protect both parties' interests while facilitating successful software development projects in accordance with UAE commercial and technology laws.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details

2. Background: Context of the agreement, brief description of the parties' business and purpose of the software development project

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Scope of Services: Detailed description of the software development services to be provided

5. Project Phases and Deliverables: Breakdown of project phases, milestones, and specific deliverables

6. Timeline and Acceptance: Project timeline, acceptance criteria, and testing procedures

7. Payment Terms: Detailed payment structure, amounts, milestones, and payment methods

8. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection and Privacy: Compliance with UAE data protection laws and data handling procedures

11. Warranties and Representations: Warranties regarding service quality, compliance with laws, and technical standards

12. Term and Termination: Duration of agreement and grounds for termination

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances affecting project delivery

15. Governing Law and Jurisdiction: UAE law as governing law and jurisdiction for dispute resolution

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Source Code Escrow: Provisions for source code escrow arrangements when required for security or business continuity

2. Third-Party Software Integration: Terms regarding integration with third-party software or APIs

3. Security Requirements: Specific security standards and requirements for highly sensitive projects

4. Service Level Agreement (SLA): Detailed service levels and performance metrics for maintenance phase

5. Change Management: Procedures for handling change requests and scope modifications

6. Knowledge Transfer: Terms for training and knowledge transfer to client's staff

7. Disaster Recovery: Provisions for backup and disaster recovery for critical software

8. Cloud Services: Terms specific to cloud-based deployment and hosting

9. Export Control: Compliance with UAE export control regulations for international projects

10. Open Source Software: Terms governing the use and compliance of open source components

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and specifications of the software

2. Project Plan: Detailed project timeline, milestones, and resource allocation

3. Acceptance Test Criteria: Specific criteria and procedures for acceptance testing

4. Price Schedule: Detailed breakdown of costs, payment milestones, and rates

5. Service Level Agreement Details: Detailed SLA metrics, penalties, and reporting requirements

6. Personal Data Processing Terms: Specific terms for handling personal data in compliance with UAE law

7. Security Requirements Specification: Detailed security protocols and requirements

8. Third-Party Software Licenses: List and terms of third-party software licenses

9. Support and Maintenance Terms: Detailed support and maintenance procedures and terms

10. Change Request Template: Standard template for submitting and processing change requests

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Acceptance Tests
Affiliate
Authorized Representative
Background IP
Business Day
Change Order
Client Materials
Confidential Information
Configuration
Deliverables
Development Environment
Development Methodology
Documentation
Effective Date
Enhancement
Error
Escrow Agent
Final Acceptance
Force Majeure Event
Foreground IP
Good Industry Practice
Implementation Services
Intellectual Property Rights
Interface
Key Personnel
Maintenance Services
Milestone
Object Code
Personal Data
Project
Project Manager
Project Plan
Quality Standards
Release
Services
Software
Source Code
Specifications
Statement of Work
Support Services
System
Technical Requirements
Term
Test Environment
Third-Party Materials
Time Schedule
UAT (User Acceptance Testing)
Updates
User Documentation
Warranty Period
Clauses
Definitions
Scope of Services
Project Management
Delivery and Acceptance
Payment Terms
Intellectual Property Rights
Confidentiality
Data Protection
Warranties
Service Levels
Change Control
Source Code Escrow
Implementation Services
Testing and Acceptance
Documentation
Training
Maintenance and Support
Security Requirements
Compliance
Personnel
Subcontracting
Client Obligations
Risk Allocation
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Export Control
Anti-Corruption
Non-Solicitation
Publicity
Survival
Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Government Services

Education

Telecommunications

Real Estate

Manufacturing

Retail

Tourism and Hospitality

Transportation and Logistics

Energy and Utilities

Professional Services

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Software Development

Project Management

Compliance

Operations

Risk Management

Finance

Contract Administration

Technical Operations

Digital Transformation

Vendor Management

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Project Manager

Procurement Manager

Software Development Manager

Contract Manager

Chief Information Officer

Business Development Manager

Technical Program Manager

Chief Legal Officer

IT Procurement Specialist

Digital Transformation Manager

Technology Consultant

Compliance Officer

Operations Director

Industries
UAE Federal Law No. 1 of 2006 on Electronic Commerce and Transactions: Governs electronic transactions and signatures, crucial for software development contracts executed electronically
UAE Federal Law No. 31 of 2021 (UAE Copyright Law): Protects software copyright and intellectual property rights in computer programs and applications
UAE Federal Law No. 2 of 2019 on the Use of ICT in Healthcare: Relevant if the software handles healthcare data or integrates with healthcare systems
UAE Federal Decree Law No. 45 of 2021 on Personal Data Protection: Regulates the collection, processing, and storage of personal data in software applications
UAE Federal Law No. 5 of 1985 (Civil Code): Provides general contractual principles applicable to software development agreements
UAE Federal Law No. 18 of 1993 (Commercial Transactions Law): Governs commercial transactions and business relationships between parties
Dubai International Financial Centre (DIFC) Data Protection Law No. 5 of 2020: Applicable if either party is based in DIFC or if data processing occurs within DIFC
UAE Federal Law No. 4 of 2012 on Competition Regulation: Relevant for non-compete clauses and market competition aspects in software development
UAE Federal Law No. 24 of 2006 (Consumer Protection Law): Applicable if the software is being developed for end consumers
UAE Federal Law No. 2 of 2015 on Commercial Companies: Relevant for determining corporate capacity and authority to enter into software development contracts
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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