The Development Services Agreement is a crucial contract used when a company (client) engages a service provider to undertake development work, typically in software, technology, or digital solutions. This agreement, governed by Austrian law, is essential for projects requiring specialized development expertise. It defines the scope of services, deliverables, timelines, and acceptance criteria while addressing key aspects such as intellectual property rights, data protection, and liability. The document ensures compliance with Austrian legal requirements, including the ABGB (Civil Code) and DSGVO (GDPR), while providing a clear framework for project execution, risk allocation, and dispute resolution. It's particularly important in today's digital economy where custom development services are increasingly vital for business operations and innovation.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the development services to be provided
5. Project Management: Governance structure, reporting lines, and communication protocols
6. Timeline and Deliverables: Development milestones, delivery dates, and acceptance criteria
7. Charges and Payment Terms: Fee structure, payment schedule, and invoicing procedures
8. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP
9. Warranties and Representations: Standard warranties regarding service quality and capability
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data processing obligations
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Term and Termination: Duration of agreement and termination rights
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Change Control: Procedures for managing changes to scope or specifications - include for complex projects with likely changes
2. Service Levels: Specific performance metrics and remedies - include when service levels are crucial
3. Source Code Escrow: Source code deposit arrangements - include when source code access is critical
4. Insurance: Insurance requirements - include for high-value or high-risk projects
5. Security Requirements: Specific security protocols and standards - include when handling sensitive data
6. Disaster Recovery: Business continuity provisions - include for mission-critical development
7. Third-Party Materials: Management of third-party software and licenses - include when third-party components are used
8. Training and Documentation: Requirements for training and documentation delivery - include when knowledge transfer is important
1. Schedule 1 - Services Description: Detailed technical specifications and requirements
2. Schedule 2 - Service Levels: Detailed performance metrics and measurement criteria
3. Schedule 3 - Charges: Detailed pricing, payment structure, and rate cards
4. Schedule 4 - Project Plan: Detailed timeline, milestones, and resource allocation
5. Schedule 5 - Testing and Acceptance: Testing procedures and acceptance criteria
6. Schedule 6 - Personnel: Key personnel and their roles
7. Appendix A - Technical Requirements: Detailed technical specifications and standards
8. Appendix B - Security Standards: Security requirements and compliance standards
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
E-commerce
Manufacturing
Telecommunications
Professional Services
Media and Entertainment
Education
Retail
Logistics
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Project Management
Risk and Compliance
Commercial
Operations
Digital Innovation
Information Security
Technical Operations
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Project Manager
Legal Counsel
Procurement Manager
Software Development Manager
Contract Manager
Technical Lead
Chief Information Officer
Innovation Director
Head of Digital
Commercial Director
Risk Manager
Compliance Officer
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