The Developer Contractor Agreement is essential for businesses operating in Nigeria that engage external software development talent. This document is designed to comply with Nigerian legislation, including the Labour Act, Companies and Allied Matters Act (CAMA) 2020, and the Nigeria Data Protection Regulation (NDPR) 2019. It establishes the contractual framework for engaging software developers as independent contractors rather than employees, clearly defining the scope of work, deliverables, intellectual property rights, and payment terms. The agreement protects both the company's interests in developed software and the contractor's rights, while ensuring compliance with local laws and regulations. It's particularly important in today's digital economy where businesses increasingly rely on external development expertise for their technology needs.
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1. Parties: Identification of the company and the developer contractor, including full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Engagement and Scope: Terms of engagement and detailed scope of development services
5. Independent Contractor Status: Clear statement of contractor status and relationship between parties
6. Developer's Obligations: Key responsibilities, deliverables, and performance standards
7. Company's Obligations: Company's responsibilities, including provision of necessary information and resources
8. Intellectual Property Rights: Ownership and transfer of IP rights in developed works
9. Confidentiality: Protection of confidential information and trade secrets
10. Fees and Payment Terms: Compensation, payment schedule, and expenses
11. Term and Termination: Duration of agreement and termination provisions
12. Data Protection: Compliance with NDPR and data protection obligations
13. Warranties and Indemnities: Developer's warranties and indemnification obligations
14. Dispute Resolution: Process for resolving disputes under Nigerian law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Non-Compete: Restrictions on working with competitors, used when developer has access to sensitive competitive information
2. Insurance: Insurance requirements, included when project risks require specific coverage
3. Source Code Escrow: Provisions for source code safekeeping, used for business-critical applications
4. Performance Bonuses: Additional compensation terms, included when performance incentives are part of the arrangement
5. Third-Party Code: Rules for using open-source or third-party software, included when relevant to the development work
6. Training and Knowledge Transfer: Provisions for training company staff, included when knowledge transfer is required
7. Disaster Recovery: Recovery and backup requirements, included for mission-critical development projects
8. Security Requirements: Specific security protocols and standards, included for projects involving sensitive data
1. Schedule 1 - Services Description: Detailed specification of development services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Project Timeline: Development milestones and delivery dates
4. Schedule 4 - Technical Requirements: Specific technical specifications and requirements
5. Schedule 5 - Acceptance Criteria: Criteria for accepting deliverables and testing procedures
6. Appendix A - Company Policies: Relevant company policies the developer must comply with
7. Appendix B - Required Tools and Technologies: List of development tools, platforms, and technologies to be used
8. Appendix C - Contact Details: Key contact persons and escalation matrix
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