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Developer's Agreement

Developer's Agreement Template for Switzerland

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Key Requirements PROMPT example:

Developer's Agreement

"I need a Developer's Agreement for engaging a freelance developer to create a mobile payment application, with the project starting March 2025 and including strict data protection requirements due to handling financial data."

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Document background
The Developer's Agreement is a crucial legal instrument used in Switzerland to formalize the relationship between software developers and their clients. This document is essential when engaging external development resources, whether individual developers or development companies, for software creation, maintenance, or enhancement projects. It addresses key aspects required under Swiss law, including intellectual property rights transfer, data protection compliance, warranty provisions, and liability limitations. The agreement is particularly important given Switzerland's strict data protection regulations and specific requirements for digital services contracts under the Swiss Code of Obligations. It provides necessary legal protection for both parties while ensuring clear definition of project scope, deliverables, quality standards, and commercial terms. The document is structured to accommodate various development methodologies while maintaining compliance with Swiss legal requirements.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the client's business, project overview, and developer's expertise

3. Definitions: Key terms used throughout the agreement, including technical terminology and project-specific definitions

4. Scope of Services: Detailed description of development services, deliverables, and performance standards

5. Term and Timeline: Duration of the agreement and key project milestones

6. Payment Terms: Compensation, payment schedule, expenses, and invoicing procedures

7. Intellectual Property Rights: Ownership and transfer of IP rights, including pre-existing IP and newly created works

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection: Compliance with Swiss data protection laws and data handling requirements

10. Warranties and Representations: Developer's warranties regarding service quality and compliance with standards

11. Liability and Indemnification: Limitation of liability and indemnification obligations under Swiss law

12. Termination: Grounds for termination, notice periods, and post-termination obligations

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Source Code Escrow: Provisions for source code safekeeping with a third party, used for business-critical applications

2. Security Requirements: Specific security protocols and standards, required for projects involving sensitive data

3. Performance Metrics: Detailed KPIs and performance measurement criteria, used for complex long-term projects

4. Team Composition: Requirements for team structure and key personnel, used when engaging multiple developers

5. Knowledge Transfer: Procedures for documentation and training, important for complex systems

6. Non-Competition: Restrictions on competitive activities, used when developer has access to sensitive business information

7. Insurance: Required insurance coverage, important for high-value or high-risk projects

8. Remote Work Provisions: Specific terms for remote work arrangements, including communication and availability

Suggested Schedules

1. Schedule A - Technical Specifications: Detailed technical requirements, architecture, and performance specifications

2. Schedule B - Project Timeline: Detailed project phases, milestones, and delivery dates

3. Schedule C - Fee Schedule: Detailed breakdown of fees, payment milestones, and rate cards

4. Schedule D - Acceptance Criteria: Specific criteria and procedures for accepting deliverables

5. Schedule E - Security Protocols: Detailed security requirements and compliance standards

6. Appendix 1 - Developer Qualifications: CVs and qualifications of key personnel

7. Appendix 2 - Development Tools: List of approved development tools, languages, and frameworks

8. Appendix 3 - Service Level Agreement: Detailed service levels, response times, and support requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




































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Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Telecommunications

Education

Insurance

Banking

Retail

Media and Entertainment

Logistics

Professional Services

Biotechnology

Public Sector

Relevant Teams

Legal

Procurement

Information Technology

Software Development

Project Management

Quality Assurance

Operations

Risk Management

Compliance

Information Security

Technical Operations

Product Development

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Project Manager

Technical Lead

Software Engineer

Full Stack Developer

Backend Developer

Frontend Developer

DevOps Engineer

Quality Assurance Manager

Product Owner

Scrum Master

IT Procurement Manager

Legal Counsel

Contract Manager

Development Team Lead

Solutions Architect

Industries








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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