Agile Software Development Agreement Template for England and Wales

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Key Requirements PROMPT example:

Agile Software Development Agreement

"I need an Agile Software Development Agreement for a fintech project starting in March 2025, where we'll be using Scrum methodology and need strong data protection clauses due to handling financial data."

Document background
The Agile Software Development Agreement is designed for organizations engaging in software development projects using Agile methodologies in England and Wales. This contract type is particularly relevant when traditional waterfall development approaches are unsuitable, and a more flexible, iterative approach is required. The agreement addresses key aspects such as sprint planning, continuous delivery, change management, and stakeholder collaboration while ensuring compliance with UK legislation regarding software development, data protection, and intellectual property rights. It provides a framework for managing both fixed-price and time-and-materials engagements while maintaining the flexibility inherent in Agile methodologies.
Suggested Sections

1. Parties: Details of the contracting parties including registered addresses and company numbers

2. Background: Context of the agreement and high-level objectives

3. Definitions: Key terms used throughout the agreement

4. Services: Description of software development services including Agile methodology specifics

5. Project Governance: Sprint planning, ceremonies, roles and responsibilities

6. Payment Terms: Pricing model, payment schedule, expenses

7. Intellectual Property Rights: Ownership and licensing of deliverables

8. Confidentiality: Protection of confidential information

9. Term and Termination: Duration and termination provisions

Optional Sections

1. Data Protection: GDPR compliance provisions and data processing obligations

2. Security Requirements: Specific security standards and requirements for sensitive applications or regulated industries

3. Service Levels: Performance metrics and remedies for specific performance standards

4. Business Continuity: Disaster recovery and business continuity provisions for business-critical applications

Suggested Schedules

1. Statement of Work: Detailed project scope, deliverables, and timelines

2. Pricing Schedule: Detailed pricing breakdown and payment milestones

3. Service Levels Schedule: Detailed performance metrics and measurement criteria

4. Change Control Procedure: Process for managing changes to scope or requirements

5. Security Requirements Schedule: Detailed security standards and compliance requirements

6. Key Personnel Schedule: Key personnel and their roles

7. Technical Requirements: Technical specifications and standards

8. Data Processing Agreement: Detailed data protection obligations and procedures

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

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Copyright, Designs and Patents Act 1988: Primary legislation governing software copyright protection, moral rights, and ownership of created works in software development

Data Protection Act 2018 and UK GDPR: Legislation covering data processing requirements, cross-border data transfers, and data security obligations

Consumer Rights Act 2015: Relevant for B2C contracts, covering quality of service provisions, unfair terms, and consumer protections

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract to which they are not a direct party

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly regarding limitation of liability clauses

Supply of Goods and Services Act 1982: Sets out implied terms for contracts involving the supply of services, including quality and fitness for purpose

Employment Rights Act 1996: Relevant when determining contractor vs. employee status in software development arrangements

IR35 Regulations: Tax legislation affecting contractors and determining employment status for tax purposes

Electronic Commerce (EC Directive) Regulations 2002: Governs electronic commerce and digital service provision

Electronic Communications Act 2000: Provides legal framework for electronic communications and digital signatures

Trade Marks Act 1994: Protects trademarks and brand elements in software development

Patents Act 1977: Relevant for protection of technical innovations in software development

Financial Services and Markets Act 2000: Applicable when developing financial software or fintech applications

Payment Services Regulations 2017: Governs payment functionality in software applications

Network and Information Systems Regulations 2018: Covers cybersecurity and network security requirements

Privacy and Electronic Communications Regulations: Regulates electronic communications and marketing in relation to software services

Competition Act 1998: Ensures fair competition and prevents anti-competitive practices in software development agreements

Enterprise Act 2002: Provides framework for business regulation and competition law

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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