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Master Developer Agreement

Master Developer Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Master Developer Agreement

"I need a Master Developer Agreement for my fintech startup based in Hong Kong, engaging an offshore development team in Singapore for a new payment processing platform, with strict data privacy requirements and source code escrow provisions."

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Document background
The Master Developer Agreement serves as the primary contractual framework for organizations requiring ongoing software development services in Hong Kong. It is typically used when a company plans to engage a development partner for multiple projects or long-term development work, rather than one-off projects. The agreement incorporates Hong Kong's legal requirements, including data privacy regulations, electronic transactions laws, and intellectual property protections. It provides comprehensive coverage of essential elements such as service scope, project methodology, acceptance criteria, warranties, and risk allocation, while maintaining flexibility to accommodate various development projects through project-specific statements of work. This master agreement structure reduces negotiation time for subsequent projects while ensuring consistent terms and protections across all development initiatives.
Suggested Sections

1. Parties: Identification of the contracting parties

2. Background: Context of the agreement and relationship between parties

3. Definitions and Interpretation: Key terms and interpretation rules

4. Scope of Services: Overview of development services to be provided

5. Project Governance: Management structure, reporting lines, and decision-making processes

6. Developer Obligations: Key responsibilities and commitments of the developer

7. Client Obligations: Key responsibilities and commitments of the client

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

9. Acceptance Testing: Procedures for testing and accepting deliverables

10. Intellectual Property Rights: Ownership and licensing of IP created under the agreement

11. Data Protection and Security: Obligations regarding data handling and security measures

12. Confidentiality: Protection of confidential information

13. Charges and Payment: Fee structure, payment terms and conditions

14. Warranties and Representations: Standard warranties from both parties

15. Liability and Indemnities: Risk allocation between parties

16. Term and Termination: Duration and termination provisions

17. Force Majeure: Handling of events beyond parties' control

18. Dispute Resolution: Process for resolving disputes

19. General Provisions: Standard boilerplate clauses

Optional Sections

1. Regulatory Compliance: Specific regulatory obligations, used when operating in regulated industries

2. Third-Party Contractors: Rules for engaging subcontractors, used when subcontracting is permitted

3. Multi-jurisdiction Provisions: Special terms for cross-border services, used for international projects

4. Source Code Escrow: Terms for source code protection, used when source code escrow is required

5. Business Continuity: Disaster recovery requirements, used for business-critical systems

6. Insurance: Specific insurance requirements, used for high-risk projects

7. Service Levels: Performance metrics and penalties, used for ongoing service provisions

8. Security Requirements: Detailed security protocols, used for handling sensitive data or systems

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of development services

2. Schedule 2 - Charges and Payment: Detailed fee structure, rates, and payment terms

3. Schedule 3 - Service Levels: Performance metrics and measurement criteria

4. Schedule 4 - Technical Requirements: Detailed technical specifications and requirements

5. Schedule 5 - Project Plan: Timeline, milestones, and deliverables

6. Schedule 6 - Testing Procedures: Detailed acceptance testing procedures

7. Schedule 7 - Security Requirements: Detailed security standards and protocols

8. Schedule 8 - Approved Subcontractors: List of pre-approved third-party contractors

9. Appendix A - Form of Change Order: Template for documenting change requests

10. Appendix B - Key Personnel: List of key team members and their roles

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
Applicable Law
Background IP
Business Day
Change Control Procedure
Change Request
Charges
Client Materials
Client Systems
Confidential Information
Control
Defect
Deliverables
Developer Materials
Developer Personnel
Developer Systems
Development Services
Dispute
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Group
Intellectual Property Rights
Key Personnel
Milestone
Object Code
Personal Data
Project
Project Manager
Project Plan
Security Requirements
Service Levels
Source Code
Specification
Statement of Work
Subcontractor
Term
Third Party Materials
Timetable
Updates
Upgrades
User Acceptance Testing
Virus
Vulnerability
Work Product
Clauses
Interpretation
Services Scope
Project Governance
Service Delivery
Change Control
Testing and Acceptance
Payment
Intellectual Property
Data Protection
Confidentiality
Performance Standards
Personnel
Subcontracting
Warranties
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Exit Management
Security
Audit Rights
Regulatory Compliance
Assignment and Novation
Dispute Resolution
Notices
Relationship Management
Record Keeping
Business Continuity
Anti-Bribery
Governing Law
Entire Agreement
Variation
Severability
Third Party Rights
Relevant Industries

Technology

Financial Services

E-commerce

Healthcare

Telecommunications

Manufacturing

Real Estate

Professional Services

Media and Entertainment

Education

Insurance

Banking

Relevant Teams

Legal

Information Technology

Procurement

Software Development

Project Management

Commercial

Risk and Compliance

Information Security

Digital

Vendor Management

Engineering

Operations

Relevant Roles

Chief Technology Officer

Head of Legal

IT Director

Software Development Manager

Project Manager

Commercial Director

Procurement Manager

Legal Counsel

Contract Manager

Chief Information Officer

VP of Engineering

Head of Digital

Technology Procurement Specialist

Information Security Officer

Risk Manager

Industries
Contracts Ordinance (Cap. 23): Fundamental law governing contract formation, enforcement, and remedies in Hong Kong
Employment Ordinance (Cap. 57): Relevant for managing contractor relationships and employment terms if developers are hired directly
Copyright Ordinance (Cap. 528): Governs intellectual property rights in software, code, and related documentation
Patents Ordinance (Cap. 514): Relevant for protecting any patentable technological innovations developed under the agreement
Personal Data (Privacy) Ordinance (Cap. 486): Regulates collection, use, and handling of personal data in development projects
Electronic Transactions Ordinance (Cap. 553): Governs electronic signatures and records, relevant for digital contracts and deliverables
Competition Ordinance (Cap. 619): Ensures agreement terms don't violate anti-competitive practices
Trade Marks Ordinance (Cap. 559): Relevant for protecting brands and marks associated with developed software or applications
Control of Exemption Clauses Ordinance (Cap. 71): Governs limitation of liability and exemption clauses in contracts
Supply of Services (Implied Terms) Ordinance (Cap. 457): Implies certain terms about quality and fitness for purpose in service 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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