Is the developer's pricing information protected under this software developer agreement?
It can be treated as confidential information in the standard and premium templates.
When does this software development agreement come into force? Can it be easily backdated?
It comes into force on the "Effective Date", which is defined as the date of execution of the agreement. However this can easily be changed so that the Effective Date pre-dates execution. If you plan to do this, you should check that the other provisions of the agreement make sense in your particular context.What does the software development agreement include to help a developer where a project is delayed for reasons outside the developer's control?
The agreement includes a force majeure clause. This provides that obligations are suspended for the duration of a force majeure event. A force majeure event is defined as an event or serious of events outside the control of the affected party. Examples of force majeure events might include third party industrial disputes, terrorist attacks and environmental disasters. Where a developer's performance is affected by such an event, the developer may be placed under a duty to keep the customer informed, and also to take steps to mitigate the effects of the event. In addition, there is an express exclusion of liabilities arising out of a force majeure event.
How does the change control procedure in the premium agreement work?
Either party may request a change to the terms of the agreement or the specification of the software at any time, although in practice it is the customer that will usually make such requests. The requesting party must send a change control notice to the other party, outlining the impact of the change on the timetable under the contract, details of any additional resources that may be required, and details of any consequential variations of contract. The other party has a fixed period to consider such request. Before the end of that period, the other party should either accept or reject the notice, or request additional information, or propose changes to the notice. One obvious variation that may be needed in the case of requests from the customer is a change to the charges.
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