This software development and consulting services agreement template has 14 pages and is a MS Word file type listed under our software & technology documents.
Sample of our software development and consulting services agreement template:
SOFTWARE DEVELOPMENT & CONSULTING SERVICES AGREEMENT This Software Development and Consulting Agreement (the "Agreement") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [DEVELOPER NAME] (the "Developer"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS WHEREAS Company wishes to [DESCRIBE NEEDS TO BE ADDRESSED], and; WHEREAS Company wishes to hire Developer to develop these custom software packages, and; WHEREAS Developer desires to develop these custom software packages for Company. NOW THEREFORE, the parties hereto hereby agree as follows: CONSULTING SERVICES DEFINED The term "Consulting Services" when used in this Agreement means the performance of professional services that include but are not limited to system analysis, program development, personnel training, documentation writing and general business consulting. SCOPE AND SERVICES Developer shall provide and deliver to Company custom software and consulting services in regards thereto as outlined in Article 3. This software development shall result in software products which may be used for implementing: [DESCRIBE] DEVELOPER RESPONSIBILITIES Developer shall develop custom software which will modify, customize, amend, enhance or otherwise change the following pre-existing Developer software packages to fulfill the requirements of Company: [DESCRIBE] The requirements to be fulfilled by the custom programming to the above listed packages are presently undefined. The defining of Company requirements shall occur in Phases, each Phase representing a division of the Company operation, and such Sub-phases representing either the development of a particular application, or a Sub-phase representing the modification of a particular application. Each Phase and Sub-phase shall be designed, approved, programmed, delivered, tested, and accepted pursuant to the procedures listed below. DEVELOPMENT PHASES AND SUB-PHASES Developer shall consult with Company personnel for the purpose of designing programming specifications. Specifications shall contain those items listed on Attachment A. Once Developer has designed said programming specifications, they will be delivered to Company together with their operation performance estimates (OPE) for every program mentioned in the specifications. The OPE will indicate any limitations on the program, and the estimated response times for on-line programs or runtimes for the batch programs. Upon receipt of said programming specifications, Company will either approve or disapprove of said specifications. Such approval will be at the sole discretion of Company. Upon approval of the programming specifications, Developer design, in conjunction with Company, an Acceptance test for these specifications. The Acceptance test will follow those standards listed in Attachment B. The specifications, OPE's and the Acceptance test will be incorporated into a Phase-Agreement. If Company does not approve said specifications, Developer and Company will again consult and restart the procedure. After the creation of the Acceptance Test, the parties shall create the Phase Agreement. The Phase Agreement shall contain the following: The fixed price for the Phase. The functional names of the applications to be created. The date of delivery, and that time is of the essence. The Phase Agreement will also have the following items attached thereto: The Functional Specifications which is a narrative explanation of the operation of the programs, containing Exhibits of all screen and reports. The Programming Specifications to be used by the programmers creating the software for Company. The Functional Specifications for the software after customization. File layouts for all files used or created in that Phase, including record and/or data field descriptions. The operation performance estimates. The Acceptance Tests, including test data. Upon the signing of the Phase Agreement by both Company and Developer, Company shall pay to Developer [%] of the fixed cost indicated in the Phase Agreement. Developer will then proceed to write the programming for that phase. On the delivery date specified in the Phase Agreement, Developer shall deliver to Company the completed programming for that phase. For delivery on or before the delivery date specified in the Phase Agreement, Company shall pay to Developer [%] of the price for that Phase. For delivery after the date specified in the Phase Agreement, but prior to the expiration of a grace period of [NUMBER] days, Company shall pay to Developer [%] of the price for that Phase. Failure by Developer to deliver the completed programming by the end of the [NUMBER] days after the delivery date specified in the Phase Agreement delivery after the date specified in the Phase Agreement, but prior to the expiration of a grace period of [NUMBER] days, Company shall pay to Developer [%] of the price for that Phase. Failure by Developer to deliver the completed programming by the end of the [NUMBER] days after the delivery date specified in the Phase Agreement will entitle Company to a [%] reduction in the cost of the entire Phase for each [NUMBER] day period in which Developer is late. The delivery date may only be modified by written amendment to the Phase Agreement signed by both parties. In the event that Developer fails to deliver the completed programs [NUMBER] months after the original delivery date, and the delivery date was not modified, Company may cancel that Phase Agreement. In the event of such cancellation, Developer shall deliver to Company all work in progress, program specifications, etc., then in Developer's possession. Cancellation pursuant to such failure to deliver shall not require any further payments to Developer as normally required pursuant to Article 19. Upon delivery, Company shall conduct the acceptance test that was created by the parties. Upon passing the acceptance test, Company shall pay to Developer an additional [%] of the price of the phase, Developer was paid [%] for the delivery of the programs, Company shall pay to Developer [%] for the passing of the Acceptance Test. Company shall retain the final [%] until the successful completion of [NUMBER] days of actual live use of said phase. If the programs fail to perform the acceptance tests, the parties shall follow this procedure: Company shall immediately notify Developer by telephone of the failure of the test. Company shall then confirm such notice by sending written confirmation of the failure plus proper documentation to Developer by certified mail, return receipt requested. Developer may immediately begin reprogramming to remedy the failure. If the failure can be remedied within [NUMBER] days, and the Acceptance testing shall continue. In the event that the failure cannot be remedied after the [NUMBER] day, Developer shall notify Company within an additional [NUMBER] days of the new delivery date for that Phase. In no event shall the new delivery date be more than [NUMBER] days after the original delivery date. After Company has used the phase programs for a period of [NUMBER] consecutive days of uptime as defined in Article 11, without failure, Company shall pay to Developer the final [%] payment. Nothing in this procedure shall be construed to prevent several Phases and Sub-phases to be commenced simultaneously. SOFTWARE DOCUMENTATION DELIVERABLES Developer shall deliver to Company software documentation products as outlined in Attachment "D". COMPANY'S RESPONSIBILITIES Company shall furnish information requested by Developer that is necessary for Developer to fulfill its responsibilities under this Agreement
