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Software Developer Contract

Software Developer Contract Template for New Zealand

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Key Requirements PROMPT example:

Software Developer Contract

"I need a Software Developer Contract for a senior full-stack developer who will be working remotely from Auckland as a contractor on our healthcare app project, starting January 2025, with specific provisions for handling patient data and strict security protocols."

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Document background
The Software Developer Contract serves as a fundamental legal instrument for establishing professional software development relationships in New Zealand. It is designed for use when engaging software developers either as employees or contractors, providing a structured framework that protects both parties' interests while ensuring compliance with New Zealand's employment, intellectual property, and contract laws. This document is essential for organizations requiring software development services, as it clearly defines project scope, deliverables, payment terms, and intellectual property rights while incorporating necessary technical specifications and quality standards. The agreement addresses modern software development practices while maintaining alignment with New Zealand's legal requirements, making it suitable for both traditional and agile development methodologies.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Contextual information explaining the purpose of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Engagement and Scope: Defines the nature of engagement (employee/contractor) and scope of development services

5. Term: Specifies the duration of the agreement, including start date and any renewal provisions

6. Developer's Obligations: Details the developer's key responsibilities, deliverables, and performance standards

7. Client's Obligations: Outlines the client's responsibilities, including provision of resources and information

8. Compensation and Payment Terms: Specifies payment rates, payment schedule, and invoicing procedures

9. Intellectual Property Rights: Addresses ownership and transfer of IP rights in developed software and materials

10. Confidentiality: Protects confidential information and trade secrets of both parties

11. Data Protection and Privacy: Ensures compliance with Privacy Act 2020 and data protection requirements

12. Warranties and Representations: States guarantees about service quality and compliance with standards

13. Limitation of Liability: Sets boundaries on liability and includes any indemnification provisions

14. Termination: Details circumstances and procedures for ending the agreement

15. General Provisions: Includes standard legal clauses like governing law, notices, and dispute resolution

Optional Sections

1. Non-Compete: Restricts developer from working with competitors - use when protecting unique business methods or client relationships

2. Source Code Escrow: Arrangements for source code security - use for business-critical applications

3. Training and Knowledge Transfer: Provisions for training client staff - use when knowledge transfer is required

4. Performance Metrics: Specific KPIs and performance measures - use for complex or long-term projects

5. Insurance Requirements: Specific insurance obligations - use for high-value or high-risk projects

6. Security Requirements: Detailed security protocols - use when handling sensitive data or systems

7. Change Control Process: Procedures for managing scope changes - use for complex or agile projects

8. Disaster Recovery: Business continuity requirements - use for mission-critical systems

9. Third-Party Software: Management of third-party licenses - use when incorporating external software

Suggested Schedules

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

2. Schedule 2 - Project Timeline: Milestone dates, delivery schedules, and key project phases

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

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

5. Schedule 5 - Acceptance Testing: Testing procedures, criteria, and acceptance processes

6. Appendix A - Code Standards: Coding standards and best practices to be followed

7. Appendix B - Security Standards: Security requirements and compliance standards

8. Appendix C - Support and Maintenance: Post-development support and maintenance terms

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
Applicable Laws
Background IP
Business Day
Change Request
Client Materials
Code
Commencement Date
Confidential Information
Deliverables
Developer Tools
Development Services
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Maintenance Services
Milestone
Moral Rights
Open Source Software
Personal Information
Project
Project Manager
Project Plan
Project Timeline
Services
Software
Source Code
Specifications
Statement of Work
Support Services
Term
Third Party Materials
Updates
User Acceptance Testing
Warranty Period
Work Product
Clauses
Engagement
Services
Term
Payment
Intellectual Property
Confidentiality
Data Protection
Performance Standards
Acceptance Testing
Warranties
Source Code
Documentation
Change Management
Support and Maintenance
Key Personnel
Non-Solicitation
Non-Compete
Liability
Indemnification
Insurance
Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Entire Agreement
Variation
Notices
Severability
Waiver
Third Party Rights
Health and Safety
Compliance with Laws
Subcontracting
Audit Rights
Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Government

Education

Manufacturing

Professional Services

Media and Entertainment

Telecommunications

Retail

Insurance

Non-profit

Relevant Teams

Legal

Human Resources

Information Technology

Software Development

Engineering

Projects

Operations

Compliance

Finance

Procurement

Relevant Roles

Software Developer

Senior Software Engineer

Full Stack Developer

Frontend Developer

Backend Developer

Mobile App Developer

DevOps Engineer

Technical Lead

Development Manager

Chief Technology Officer

IT Director

HR Manager

Legal Counsel

Contract Manager

Project Manager

Industries
Employment Relations Act 2000: Fundamental legislation governing employment relationships in New Zealand, including rights and obligations of employers and employees, good faith requirements, and dispute resolution processes
Contract and Commercial Law Act 2017: Governs the formation and enforcement of contracts in New Zealand, including electronic transactions and contractual remedies
Copyright Act 1994: Crucial for software development contracts as it covers intellectual property rights, including copyright protection for software code and related documentation
Privacy Act 2020: Regulates how personal information is collected, used, stored and disclosed, particularly relevant for software developers handling user data
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade, relevant for contract terms and service representations
Wages Protection Act 1983: Governs payment of wages and salaries, including protection against unauthorized deductions
Holidays Act 2003: Specifies leave entitlements and holiday pay requirements if the developer is engaged as an employee
Health and Safety at Work Act 2015: Outlines workplace safety obligations, including provisions for remote work and computer-based activities
Patents Act 2013: Relevant for protecting any patentable innovations developed during the software development process
Overseas Investment Act 2005: May be relevant if the contract involves international parties or offshore development work
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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