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Software Development Partnership Agreement

Software Development Partnership Agreement Template for Nigeria

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Key Requirements PROMPT example:

Software Development Partnership Agreement

"I need a Software Development Partnership Agreement for a collaboration between my fintech startup and a Nigerian software development company, with specific provisions for data protection compliance and revenue sharing from mobile payment applications starting March 2025."

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Document background
The Software Development Partnership Agreement is essential for businesses and individuals engaging in collaborative software development projects in Nigeria. This document is particularly crucial when two or more parties wish to combine their resources, expertise, and capabilities to develop software products or solutions. It establishes clear guidelines for project execution, profit sharing, and intellectual property rights while ensuring compliance with Nigerian legislation, including the Companies and Allied Matters Act, NITDA regulations, and data protection laws. The agreement is designed to protect all parties' interests, define responsibilities, and provide clear mechanisms for dispute resolution, making it a fundamental tool for technology partnerships in the Nigerian market.
Suggested Sections

1. Parties: Identification and details of the partnering entities

2. Background: Context of the partnership and general intentions of the parties

3. Definitions: Detailed definitions of technical terms, business concepts, and other important terms used in the agreement

4. Partnership Structure: Legal form of partnership, ownership stakes, and management structure

5. Scope of Partnership: Detailed description of the software development project(s) and partnership objectives

6. Roles and Responsibilities: Specific duties and obligations of each partner in the software development process

7. Financial Terms: Investment contributions, profit sharing, expense allocation, and financial management

8. Intellectual Property Rights: Ownership and licensing of existing and newly developed software and related IP

9. Confidentiality: Protection of trade secrets, proprietary information, and client data

10. Term and Termination: Duration of partnership, renewal terms, and termination conditions

11. Warranties and Representations: Partners' guarantees regarding their capabilities, rights, and obligations

12. Liability and Indemnification: Risk allocation, limitation of liability, and indemnification obligations

13. Dispute Resolution: Procedures for resolving conflicts, including mediation and arbitration provisions

14. Governing Law: Specification of Nigerian law as governing law and jurisdiction

15. General Provisions: Standard clauses including force majeure, notices, and amendment procedures

Optional Sections

1. Data Protection and Privacy: Detailed provisions for handling personal data and ensuring NDPR compliance, required if the software will process personal data

2. Quality Assurance: Specific quality standards, testing procedures, and acceptance criteria, recommended for complex software projects

3. Training and Support: Provisions for technical training and ongoing support, useful when knowledge transfer is part of the partnership

4. Non-Competition: Restrictions on competing activities, recommended when partners have access to sensitive market information

5. Insurance: Requirements for professional liability and other insurance coverage, important for high-value projects

6. Source Code Escrow: Provisions for source code protection and access, relevant for critical software applications

7. Third-Party Contractors: Rules for engaging external contractors or freelancers, needed if subcontracting is anticipated

8. Export Control: Compliance with international software export regulations, required for international distribution

9. Change Management: Procedures for handling scope changes and requirement modifications, useful for agile development projects

Suggested Schedules

1. Project Scope Document: Detailed technical specifications and requirements of the software project

2. Development Timeline: Project milestones, deliverables, and deadlines

3. Financial Schedule: Detailed breakdown of financial contributions, cost allocation, and profit sharing formulas

4. IP Register: List of pre-existing IP and newly developed IP ownership allocation

5. Service Level Agreement: Performance metrics, response times, and service standards

6. Personnel Schedule: Key personnel assigned to the project and their roles

7. Technical Standards: Coding standards, documentation requirements, and technical specifications

8. Testing and Acceptance Criteria: Detailed procedures for software testing and acceptance

9. Maintenance and Support Terms: Post-development maintenance and support obligations

10. Data Processing Agreement: Specific terms for handling personal data in compliance with NDPR

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

Education

Telecommunications

Manufacturing

Professional Services

Media and Entertainment

Transportation and Logistics

Energy and Utilities

Real Estate

Government and Public Sector

Relevant Teams

Legal

Software Development

Executive Leadership

Project Management

Business Development

Finance

Compliance

Operations

Procurement

Information Technology

Research and Development

Quality Assurance

Contract Administration

Relevant Roles

Chief Technology Officer

Software Development Manager

Legal Counsel

Contract Manager

Project Manager

Business Development Director

Chief Executive Officer

Chief Operating Officer

Partnership Manager

Technology Director

Head of Software Development

Chief Legal Officer

Chief Financial Officer

Technical Project Lead

Strategic Alliance Manager

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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