The Master Services Agreement For Software Development is a foundational document used to establish and govern long-term software development relationships in South Africa. It is particularly relevant when organizations require ongoing software development services rather than one-off projects. The agreement comprehensively addresses key aspects of software development relationships including service scope, delivery methodology, intellectual property rights, data protection, and commercial terms. It ensures compliance with South African legislation including POPIA, ECTA, and the Copyright Act, while providing flexibility for project-specific requirements through schedules and statements of work. This type of agreement is essential for organizations engaging external software development providers or establishing inter-company software development arrangements, offering protection for both parties while facilitating efficient project delivery.
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1. Parties: Identification of the contracting parties, including registered names, numbers, and addresses
2. Background: Context of the agreement and high-level business objectives
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Appointment and Scope: Formal appointment of the service provider and overview of services scope
5. Service Provider Obligations: Core obligations including development methodology, quality standards, and delivery requirements
6. Client Obligations: Client responsibilities including provision of information, materials, and approvals
7. Project Management: Governance structure, reporting requirements, and communication protocols
8. Change Control: Process for requesting and implementing changes to services or deliverables
9. Acceptance Testing: Procedures for testing and accepting deliverables
10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP
11. Data Protection and Security: POPIA compliance and data security requirements
12. Charges and Payment: Fee structure, payment terms, and invoicing procedures
13. Warranties: Service provider and client warranties regarding services and obligations
14. Liability and Indemnities: Limitation of liability and indemnification provisions
15. Term and Termination: Contract duration, renewal, and termination rights
16. Confidentiality: Protection of confidential information
17. Force Majeure: Rights and obligations during force majeure events
18. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Service Credits: Financial remedies for service level failures, used in larger or mission-critical projects
2. Source Code Escrow: Provisions for source code escrow arrangements, relevant when client requires access to source code
3. Personnel and Subcontracting: Detailed requirements for key personnel and subcontractor management, important for larger projects
4. Business Continuity: Business continuity and disaster recovery requirements, crucial for critical systems
5. Anti-Bribery and Corruption: Specific anti-corruption provisions, important for international clients or public sector work
6. Export Control: Export control compliance, relevant for international projects or restricted technologies
7. Open Source Software: Management and approval of open source software usage
8. Cloud Services: Specific provisions for cloud-hosted solutions and services
1. Schedule 1 - Services Description: Detailed description of software development services and deliverables
2. Schedule 2 - Service Levels: Specific service levels, measurement criteria, and remedies
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment milestones
4. Schedule 4 - Project Plan: Project timeline, milestones, and delivery schedule
5. Schedule 5 - Technical Requirements: Detailed technical specifications and requirements
6. Schedule 6 - Security Requirements: Information security and data protection requirements
7. Schedule 7 - Governance: Detailed governance procedures and escalation processes
8. Appendix A - Approved Subcontractors: List of approved subcontractors and their roles
9. Appendix B - Key Personnel: Details of key personnel and their responsibilities
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