This document discusses different types of contracts used for software projects, including fixed price contracts, contract hire, time and materials, and consultancy contracts. It provides details on the typical structure and contents of a fixed price software development contract, including sections for what is to be produced, ownership of rights, confidentiality, payment terms, penalties, and obligations of the client. The document also briefly covers contract hire, time and materials, and consultancy contracts. It concludes with a section on liability for defective software.
This lecture include introduction to software contracts. Before starting development companies prepare agreement document to deal with conflicts afterwards.
A lossless summary of Frank Bott book, Professional Issues in IT, chapter 12 "Software Contract and Liability".
Contents:
1. Contract
2. Fixed Price Contracts for Bespoke Systems
3. Consultancy and Contract Hire
4. Time and Materials
5. Outsourcing
6. License Agreements
7. Liability for Defective Software
8. Health and Safety
This lecture include introduction to software contracts. Before starting development companies prepare agreement document to deal with conflicts afterwards.
A lossless summary of Frank Bott book, Professional Issues in IT, chapter 12 "Software Contract and Liability".
Contents:
1. Contract
2. Fixed Price Contracts for Bespoke Systems
3. Consultancy and Contract Hire
4. Time and Materials
5. Outsourcing
6. License Agreements
7. Liability for Defective Software
8. Health and Safety
•What is Contract?
•What is Construction Contract?
•Purpose of Construction Contract
•Contract for Bid and Procurement
•Contract for Pricing Arrangement
•Construction Contract Component
•Contract Document List
•Standard Form of Contract in Malaysia
Get IT in Writing: The IT Pro's Guide to Essential ContractsInsureon
As the owner of a small tech business, you know you could be sued even if you're not at fault. Contracts can help protect you from frivolous lawsuits.
https://it.insureon.com/resources/publications/contracts
Outsourcing and Procurement: The Hot Points and PitfallsJon Hansen
eWorld Purchasing & Supply Conference
Day 1 - September 28th, 2010
10:20 to 10:50 AM Outsourcing and Procurement: The Hot Points and Pitfalls
Overview:
On paper, outsourcing holds significant potential for delivering much-needed efficiency gains and cost savings. But it can also present a legal minefield for procurement departments and getting the contract right from the outset is one of the most significant factors for realising these benefits. This information-packed briefing explains the key considerations for a successful outsourcing contract, including: defining project scope, employment issues & TUPE, intellectual property rights, agreeing service levels, benchmarking, reporting & audit rights, liability, data protection, confidentiality & Freedom of Information, dispute resolution, duration, termination and exit management.
Speaker:
Debbie Venn, Associate at asb law LLP
Navigating contracts can be treacherous. This presentation highlights the "need to knows" when reading and writing any contract. Specification from the start can help prevent headaches, extra expenses and lawsuits later on whether you´re subscribing to a cloud-based service or doing business with a friend. NDAs, Terms of Use and software licensing are also discussed.
E-governance Project Contract Development: Challenges and How to Overcome ThemPrakash Kumar
The presentation talks about key elements of contract and current challenges. It also details strategic considerations for contract development for various categories of e-Governance projects, namely software development, IT infra provisioning, service delivery and Public Private Partnership based projects.
Concept of SLA and SLA management has also been discussed in the presentation.
This was delievred at 39th Advanced Professional Programme in Public Administration (APPPA) for senior officers of the Government of India on 20th Sept 2013.
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•What is Contract?
•What is Construction Contract?
•Purpose of Construction Contract
•Contract for Bid and Procurement
•Contract for Pricing Arrangement
•Construction Contract Component
•Contract Document List
•Standard Form of Contract in Malaysia
Get IT in Writing: The IT Pro's Guide to Essential ContractsInsureon
As the owner of a small tech business, you know you could be sued even if you're not at fault. Contracts can help protect you from frivolous lawsuits.
https://it.insureon.com/resources/publications/contracts
Outsourcing and Procurement: The Hot Points and PitfallsJon Hansen
eWorld Purchasing & Supply Conference
Day 1 - September 28th, 2010
10:20 to 10:50 AM Outsourcing and Procurement: The Hot Points and Pitfalls
Overview:
On paper, outsourcing holds significant potential for delivering much-needed efficiency gains and cost savings. But it can also present a legal minefield for procurement departments and getting the contract right from the outset is one of the most significant factors for realising these benefits. This information-packed briefing explains the key considerations for a successful outsourcing contract, including: defining project scope, employment issues & TUPE, intellectual property rights, agreeing service levels, benchmarking, reporting & audit rights, liability, data protection, confidentiality & Freedom of Information, dispute resolution, duration, termination and exit management.
Speaker:
Debbie Venn, Associate at asb law LLP
Navigating contracts can be treacherous. This presentation highlights the "need to knows" when reading and writing any contract. Specification from the start can help prevent headaches, extra expenses and lawsuits later on whether you´re subscribing to a cloud-based service or doing business with a friend. NDAs, Terms of Use and software licensing are also discussed.
E-governance Project Contract Development: Challenges and How to Overcome ThemPrakash Kumar
The presentation talks about key elements of contract and current challenges. It also details strategic considerations for contract development for various categories of e-Governance projects, namely software development, IT infra provisioning, service delivery and Public Private Partnership based projects.
Concept of SLA and SLA management has also been discussed in the presentation.
This was delievred at 39th Advanced Professional Programme in Public Administration (APPPA) for senior officers of the Government of India on 20th Sept 2013.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
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2. Contents
• What is a Contract
• Contact for the supply of custom built
software
• Other types of software services contract
3. What is a Contract
• A contract is an agreement between two or
more persons creating rights & duties and
which is enforceable by law.
• A contract is a promise or set of promises that
are legally enforceable and, if violated, allow
the injured party access to legal remedies.
• An agreement between persons which obliges
each party to do or not to do a certain thing.
4. What is a Contract
• Contracts
– Setout the agreement between the parties
– Setout the aim of the parties
– Provide rules for the issues arising while contract
is running
– Ways of terminating the contract
– Consequences of termination
5. What is a Contract
“While optimists make the best deal makers,
pessimists make the best contract writers”
Hilary Pearson
6. What is a Contract
• A contract
– Should be set out in a clear and logical manner
– should be complete and consistent
– Should have no ambiguity
– Should be free of doubts regarding the rights and
duties of concerned parties
7. What is a Contract
• There are four types of contractual
arrangement which are widely used in
connection with the provision of software
services
– Fixed price
– Contract hire
– Time and materials
– Consultancy
9. Structure of the Contract
• A short introductory section
• A set of standard terms and conditions
• A set of appendices or annexes
10. The Introductory Section
• The introductory section states that it is an
agreement between the parties whose names
and registered addresses are given.
• It is dated and signed by the authorized
representatives of the parties.
11. What is to be Produced
• Contract must state what is to be produced.
• Two level references is normally used.
12. What Is to be Delivered
• Producing software is not simply handing over
the text of program.
• Some other possibilities are
– Source code
– Command files for building the executable code
from the source and installing it.
– Documentation of the design and code.
– Different manuals
– Test data and test results
13. Ownership of Rights
• Contract should state what legal rights are
being passed by the software house to the
client under the contract.
14. Confidentiality
• Confidentiality is the protection of personal
information. Confidentiality means keeping a
client's information between you and the
client, and not telling others including co-
workers, friends, family, etc.
• It should be highly considered while writing a
contract.
15. Payment Terms
• Standard terms and conditions will specify the
payment conditions like
“payment shall become due within thirty days of
the date of issue of an invoice. If payment is
delayed by more than thirty days from due date,
the company shall have the right to terminate
the contract or to apply a surcharge at an
interest rate of 2 per cent.”
16. Calculating Payments for Delays and
Changes
• The contract should make provision for
payments to compensate the wasted efforts.
• It must specify the process by which these
extra payments are to be calculated.
18. Obligations of the Client
• When work is being carried out for a specific
client, the client will have to fulfil certain
obligations, if the contract is to be completed
successfully.
19. Some other sections of a contract
• Standards and Methods of Working
• Progress meetings
• Project managers
• Acceptance procedure
• Warranty and maintenance
• Indemnity
• Termination of the contract
• Arbitration
• Inflation
• Applicable law
21. Contract Hire
• Contract hire agreements are very much
simpler than fixed price contracts.
• Reason is the much less involvement and
responsibility of supplier.
23. Times and Materials
• It somewhere lies between a contract hire
agreement and fixed price contract.
• The supplier agrees to undertake the
development of the software in much the
same way as in a fixed price contract, but
payment is made on the basis of the cost
incurred, with labor charged in the same way
as for contract hire.
25. Consultancy Contracts
• Use of consultants is now widespread in both
private and public body.
• Consultancy projects are usually undertaken
for a fixed price but the form of contract is
very much simpler.
27. Liability for defective software
• There are laws present to ensure the quality
of products and goods delivered to a
customer.
• Quality of goods include their
– State and condition
– Fitness for all required purposes
– Freedom from minor defects
– Safety
– durability
28. Liability for defective software
• A major difficulty in the case of software is
that whether it comes under the category of
goods or not.
• Only statement available for the software is
“it must be written with reasonable skill and
care”
• To overcome this difficulty, guarantee clauses
are often drafted in the contracts.