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Master Service Agreement Software Development Template for India

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Key Requirements PROMPT example:

Master Service Agreement Software Development

"I need a Master Service Agreement Software Development for my fintech startup based in Bangalore, with specific provisions for handling sensitive financial data and integration with payment gateways, ensuring compliance with RBI regulations and including source code escrow provisions."

Document background
The Master Service Agreement Software Development serves as the primary contractual framework for organizations engaging in software development projects in India. This document is essential when a service provider will be delivering ongoing software development services to a client, potentially across multiple projects or phases. It establishes the fundamental legal and operational framework while allowing for specific projects to be detailed in separate statements of work. The agreement ensures compliance with Indian legal requirements, including the Indian Contract Act, 1872, Information Technology Act, 2000, and data protection regulations. It covers crucial aspects such as intellectual property rights, confidentiality, service levels, payment terms, and dispute resolution, while providing flexibility to accommodate evolving project requirements and technological changes.
Suggested Sections

1. Parties: Identifies the contracting parties with their full legal names, addresses, and company registration details

2. Background: Provides context for the agreement and brief description of each party's business

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Outlines the general framework for software development services to be provided

5. Service Provider Obligations: Details the core responsibilities and commitments of the service provider

6. Client Obligations: Specifies the client's responsibilities and commitments

7. Project Governance: Establishes management structure, reporting lines, and decision-making processes

8. Charges and Payment Terms: Details the fee structure, payment schedule, and related financial terms

9. Intellectual Property Rights: Addresses ownership and licensing of pre-existing and newly developed IP

10. Confidentiality: Defines confidential information and obligations regarding its protection

11. Data Protection and Privacy: Specifies obligations regarding data handling and privacy compliance

12. Term and Termination: Defines the agreement duration and termination provisions

13. Warranties and Representations: States the guarantees and assertions made by each party

14. Limitation of Liability: Sets boundaries on parties' liability and includes any indemnification provisions

15. Force Majeure: Addresses circumstances beyond parties' control affecting performance

16. Dispute Resolution: Establishes procedures for resolving disputes

17. Governing Law: Specifies Indian law as governing law and jurisdiction

18. General Provisions: Includes standard boilerplate clauses like notices, assignment, and amendments

Optional Sections

1. Security Requirements: Detailed security protocols and requirements, essential when handling sensitive data or working with financial/healthcare sectors

2. Business Continuity and Disaster Recovery: Required for critical systems or when working with enterprise clients

3. Change Control Procedure: Recommended for complex projects where scope changes are likely

4. Service Credits: Include when specific service levels are crucial to the client

5. Non-Solicitation: Important when there's risk of staff poaching

6. Export Control: Required when software or data may be subject to export restrictions

7. Source Code Escrow: Important when client requires access to source code under specific conditions

8. Insurance Requirements: Detailed insurance obligations, important for high-value or high-risk projects

9. Transition and Exit Management: Important for long-term or complex projects requiring detailed exit planning

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of software development services, methodologies, and deliverables

2. Schedule 2 - Service Levels: Specific performance metrics, response times, and quality standards

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

4. Schedule 4 - Project Plan: Timeline, milestones, and delivery schedule

5. Schedule 5 - Technical Requirements: Detailed technical specifications and requirements

6. Schedule 6 - Governance Procedures: Detailed procedures for project management, reporting, and escalation

7. Schedule 7 - Security Policies: Detailed security requirements and compliance procedures

8. Schedule 8 - Approved Subcontractors: List of approved subcontractors and their roles

9. Appendix A - Contact Details: Key personnel and contact information for both parties

10. Appendix B - Form of Change Order: Template for documenting and approving changes to services

Authors

Alex Denne

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

Relevant legal definitions
























































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Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Telecommunications

Education

Retail

Banking

Insurance

Logistics

Media and Entertainment

Government

Automotive

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Finance

Compliance

Risk Management

Operations

Project Management

Software Development

Vendor Management

Business Development

Technical Architecture

Quality Assurance

Information Security

Contract Administration

Relevant Roles

Chief Technology Officer

Chief Information Officer

Legal Counsel

Procurement Manager

IT Director

Project Manager

Software Development Manager

Contract Manager

Vendor Management Officer

Business Development Manager

Technical Architect

Operations Director

Risk Management Officer

Compliance Officer

Chief Financial Officer

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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