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Software Subcontractor Agreement
I need a Software Subcontractor Agreement under Danish law for engaging an external development team to work on our fintech platform, with special focus on data protection and source code ownership, as we'll be handling sensitive financial data.
1. Parties: Identification of the main contractor and subcontractor with full legal names and addresses
2. Background: Context of the agreement, including reference to the main contract and reason for subcontracting
3. Definitions: Key terms used throughout the agreement including Technical Specifications, Deliverables, Acceptance Criteria, etc.
4. Scope of Services: Detailed description of the software development services to be provided by the subcontractor
5. Project Management and Reporting: Management structure, reporting requirements, and communication protocols
6. Timeline and Milestones: Development schedule, delivery dates, and milestone achievements
7. Payment Terms: Fees, payment schedule, invoicing requirements, and late payment consequences
8. Acceptance Testing: Procedures for testing deliverables, acceptance criteria, and handling of defects
9. Intellectual Property Rights: Ownership and licensing of developed software, pre-existing IP, and third-party components
10. Data Protection and GDPR Compliance: Obligations regarding personal data processing and security measures
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Subcontractor's warranties regarding service quality, compliance, and authority to contract
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
14. Term and Termination: Duration of agreement, termination rights, and consequences of termination
15. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Source Code Escrow: Optional section for when source code needs to be held in escrow for security
2. Non-Competition: Restrictions on subcontractor's ability to work with competitors, if required
3. Knowledge Transfer: Procedures for transferring knowledge to the main contractor or other suppliers
4. Business Continuity: Disaster recovery and business continuity requirements for critical systems
5. Security Requirements: Specific security protocols and requirements beyond standard data protection
6. Performance Credits: System for credits or penalties based on performance metrics
7. Change Control: Formal process for managing changes to scope or specifications
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the software
2. Schedule 2 - Service Levels: Performance metrics, response times, and service level requirements
3. Schedule 3 - Price List and Payment Schedule: Detailed breakdown of fees, rates, and payment milestones
4. Schedule 4 - Project Plan: Detailed timeline, resource allocation, and delivery schedule
5. Schedule 5 - Testing and Acceptance Procedures: Detailed procedures for testing and accepting deliverables
6. Schedule 6 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and requirements
7. Schedule 7 - Personnel and Key Contacts: List of key personnel and contact information for both parties
8. Appendix A - Main Contract Excerpts: Relevant excerpts from the main contract that affect the subcontractor's work
Authors
Information Technology
Software Development
Financial Services
Healthcare Technology
E-commerce
Manufacturing
Telecommunications
Professional Services
Digital Media
Education Technology
Gaming and Entertainment
Industrial Automation
Cloud Services
Cybersecurity
Internet of Things
Legal
Procurement
Information Technology
Software Development
Compliance
Project Management Office
Vendor Management
Information Security
Risk Management
Quality Assurance
Operations
Technical Architecture
Chief Technology Officer
IT Project Manager
Legal Counsel
Procurement Manager
Software Development Manager
Contract Manager
Technical Director
Head of Engineering
Chief Information Officer
Data Protection Officer
IT Operations Manager
Vendor Management Specialist
Senior Software Architect
Development Team Lead
Technical Program Manager
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