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Software Outsourcing Contract

Software Outsourcing Contract Template for Nigeria

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Key Requirements PROMPT example:

Software Outsourcing Contract

"I need a Software Outsourcing Contract under Nigerian law for hiring a development company to create a mobile banking application, with strict data protection provisions and source code escrow arrangements, planned to commence in March 2025."

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Document background
This Software Outsourcing Contract is designed for organizations in Nigeria seeking to engage external software development services, whether from local or international providers. The document is particularly relevant in today's digital transformation landscape where businesses increasingly rely on specialized software solutions. It carefully balances the requirements of Nigerian law, including NITDA regulations, data protection requirements, and foreign exchange controls, with international best practices in software development. The contract addresses critical aspects such as intellectual property rights, service levels, acceptance testing, and warranty provisions, while ensuring compliance with Nigerian legal requirements. It's structured to protect both client and developer interests while facilitating efficient project execution and delivery.
Suggested Sections

1. Parties: Identification of the client and software development company, including registration details and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of technical terms, project-specific terminology, and key concepts used throughout the agreement

4. Scope of Services: Detailed description of the software development services to be provided, including project objectives and deliverables

5. Project Methodology and Timeline: Development methodology, project phases, milestones, and delivery schedules

6. Payment Terms: Pricing structure, payment schedule, invoicing procedures, and currency considerations

7. Intellectual Property Rights: Ownership and licensing of pre-existing IP and newly developed software, including source code

8. Confidentiality: Protection of trade secrets, proprietary information, and project-related confidential information

9. Data Protection and Privacy: Compliance with NDPR and data protection requirements, including data handling procedures

10. Quality Assurance and Acceptance: Testing procedures, acceptance criteria, and quality standards

11. Warranties and Representations: Technical and professional warranties, including code quality and compliance with specifications

12. Term and Termination: Duration of agreement, renewal terms, and termination rights and procedures

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and applicable law provisions

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

Optional Sections

1. Source Code Escrow: Optional provisions for source code escrow arrangements, recommended for business-critical applications

2. Knowledge Transfer: Procedures for training and knowledge transfer to client's staff, useful when client plans to maintain software internally

3. Service Level Agreement (SLA): Detailed performance metrics and service levels, important for ongoing maintenance and support services

4. Change Management: Procedures for handling change requests and scope modifications, recommended for complex or long-term projects

5. Business Continuity and Disaster Recovery: Procedures for ensuring service continuity, important for mission-critical applications

6. Security Requirements: Specific security protocols and compliance requirements, crucial for projects involving sensitive data

7. Third-Party Components: Management of third-party licenses and components, important when using external libraries or tools

8. Insurance Requirements: Specific insurance coverage requirements, recommended for high-value projects

Suggested Schedules

1. Schedule A - Project Specifications: Detailed technical specifications, functional requirements, and project scope

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

3. Schedule C - Pricing and Payment Schedule: Detailed breakdown of costs, payment milestones, and rate cards

4. Schedule D - Service Levels: Detailed SLA metrics, performance indicators, and measurement criteria

5. Schedule E - Testing and Acceptance Criteria: Detailed testing procedures, acceptance criteria, and sign-off requirements

6. Schedule F - Support and Maintenance Terms: Post-development support and maintenance procedures and terms

7. Schedule G - Personnel and Key Contacts: List of key project personnel, roles, and contact information

8. Appendix 1 - Change Request Template: Standard form for requesting and documenting project changes

9. Appendix 2 - Acceptance Certificate Template: Standard form for documenting delivery acceptance

10. Appendix 3 - Progress Report Template: Standard format for project status reporting

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











































Clauses













































Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Manufacturing

Energy

Education

Government

Retail

Insurance

Agriculture

Transportation

Professional Services

Relevant Teams

Legal

Information Technology

Procurement

Finance

Risk & Compliance

Project Management Office

Software Development

Vendor Management

Digital Transformation

Operations

Relevant Roles

Chief Technology Officer

IT Director

Chief Information Officer

Project Manager

Procurement Manager

Legal Counsel

Contract Manager

Software Development Manager

Technical Lead

Chief Financial Officer

Risk Manager

Compliance Officer

IT Procurement Specialist

Vendor Management Officer

Digital Transformation Director

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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