This development agreement general template has 13 pages and is a MS Word file type listed under our software & technology documents.
Sample of our development agreement general template:
DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Customer"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SERVICE PROVIDER NAME] (the "Developer"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS: 1. The Customer is in the business of [SPECIFY] and has prepared and submitted to the Developer the Request for Proposal which is attached hereto as Schedule "A" and which outlines the Customer's requirements for a computer based business system which will satisfy the [DESCRIBE, E.G INVENTORY MANAGEMENT, ACCOUNTING AND ADMINISTRATIVE] needs of Customer. 2. In reply to the Request for Proposal, the Developer has prepared and submitted, and the Customer has accepted, the Proposal which is attached hereto as Schedule "B". 3. The Customer now requires a set of functional specifications which will consolidate and expand on the said Request for Proposal and Proposal so as to provide a detailed description of the proposed [SPECIFY] which will form the basis for the development and implementation of the said [SPECIFY]. 4. The Developer has represented that it has the capacity and professional ability to produce such functional specifications and, on the basis of that representation, the Customer wishes to purchase and the Developer wishes to supply its services on the terms and conditions set out. IN CONSIDERATION of the respective covenants herein contained, the parties agree as follows: 1. DEFINITIONS 1.1 General Unless otherwise expressly defined herein, all data procession industry terms in this agreement shall have the meaning applied to them by the [COUNTRY] National Dictionary for Information Processing Systems ([NUMBER] - [YEAR]) and published by the [COMPANY NAME], [FULL ADDRESS] Copyright [YEAR]. 1.2 Specific (1) As used in this agreement, and any schedule hereto and any amendment hereof, and any documents to be executed and delivered pursuant to this agreement and in any documents executed and delivered in connection with the completion of the transaction contemplated herein, the following words and phrases shall have the following meanings, respectively: (a) "Development Plan" means the activities and functions specified in Schedule "C" hereto for the development and delivery of the Functional Specifications; (b) "Development Schedule" means the operative dates for the Development Plan as set forth in Schedule "D" hereto; (c) "Functional Specifications" means the specifications to be prepared by the Developer with the co-operation of the Customer which will be based on the Request for Proposal and the Proposal and which will conform in content but not necessarily rigid structure to the requirements specified in the Functional Specifications Content Requirements and which, when completed, will fully describe the required computer based business system at a business rather than a technical level; (d) "Functional Specifications Content Requirements" means Schedule "E" attached hereto; (e) "Payment Schedule" means the terms and conditions of payment of the Price which are attached hereto as Schedule "F", and (f) "Price" means the total fees and expenses payable by the Customer to the Developer for the Functional Specifications as set out in Schedule "G" attached hereto. 1.3 Schedules The following are the schedules attached to and incorporated in this agreement by reference and deemed to be a part hereof: Schedule No. Description of Schedule A Request for Proposal B Proposal C Development Plan D Development Schedule E Functional Specification Content Requirement F Payment Schedule & Price 2. AGREEMENT Subject to the terms and conditions hereof the Developer agrees to develop and supply to the Customer and the Customer agrees to accept from the Developer the Functional Specifications. 3. CHANGES The Price is as set forth in Schedule "G" and shall be paid by the Customer to the Developer as outlined in Schedule "F". Unless otherwise provided in this agreement, all fees and expenses related to the services formed by the Developer under this agreement are included in the Price. 4. DEVELOPMENT RESPONSIBILITIES 4.1 Developer The Developer shall be responsible for establishing development methodologies, conducting fact gathering and analysis, evaluating the possibility of incorporating any part of the current business system into the proposed system and for the provision and supervision of the services of experienced and competent personnel to carry out the said obligations. 4.2 Customer At all times during the development of the Functional Specifications, the Customer shall ensure the prompt and efficient cooperation of all of its personnel, provide access to its business records and information and, provide appropriate facilities such that the Developer is in no way hindered from efficiently performing its obligations hereunder. 4.3 Mutual Both parties shall designate qualified representatives who shall attend at regular meetings scheduled as agreed by the parties from time to time for the purpose of exchanging information at both a business and technical level and coordinating and scheduling such activities as may be necessary or desirable in connection with the development of the Functional specifications. At such meetings, the Developer shall provide regular written progress reports to the Customer on the development of the Functional Specifications and, after such meetings; the Customer shall promptly supply its written comments regarding such progress reports. 5. OWNERSHIP 5.1 Clarification of meaning (1) Subject to paragraph 5.1(2), for the purposes of this paragraph, the Developer hereby agrees that the meaning of Functional Specifications shall be extended to encompass any and all work, files and other materials produced during the development contemplated by this agreement. (2) The Customer hereby acknowledges and agrees that it may be necessary or desirable for the Developer to incorporate certain proprietary information or systems into the Functional Specifications and, therefore, the Customer hereby expressly agrees that for the purposes of this paragraph the Functional Specifications shall be deemed not to include such proprietary information of the Developer which the Developer clearly marks or identifies as being proprietary information. 5.2 General The Developer hereby acknowledges and agrees that all rights, title and interest in and to the Functional Specifications and all copies thereof are and shall remain the property of the Customer and all intellectual property rights including copyright, trademark and trade secret in the Functional Specifications and any changes, alterations or modifications thereto whether made by the Customer or the Developer are and will remain in the Customer. The Developer shall not sell, transfer, publish, disclose, display or otherwise make available the Functional Specifications, its constituent elements or copies thereof to any other person, firm, corporation or business entity and the Developer further agrees to secure and protect the Functional Specifications and all copies thereof in a manner consistent with the maintenance of the Customer's rights therein and without limiting the generality of the foregoing, to employ the same safeguards to keep the trade secrets confidential as it employs to safeguard its own trade secrets and further without limiting the generality of the foregoing, to take appropriate action by instruction or agreement with its officers, employees or agents who are permitted access to Functional Specifications or copies thereof to satisfy its obligations hereunder. 5.3 Survival:
