The Master Developer Agreement serves as the primary contractual framework for software development relationships in India, establishing comprehensive terms between development service providers and their clients. This agreement is essential when engaging in long-term or multiple development projects, providing a master framework that can be supplemented by specific statements of work. It includes detailed provisions for intellectual property rights, data protection, service delivery standards, and commercial terms, all aligned with Indian legal requirements including the Information Technology Act 2000 and related regulations. The document is particularly valuable for organizations engaging in ongoing development relationships, offshore development services, or complex technical projects requiring clear governance and risk management frameworks.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: Overview of development services to be provided
5. Developer Obligations: Key responsibilities and commitments of the developer
6. Client Obligations: Key responsibilities and commitments of the client
7. Project Management: Governance structure, reporting lines, and management processes
8. Acceptance Testing: Procedures for testing and accepting deliverables
9. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: Compliance with data protection laws and data handling procedures
12. Warranties and Representations: Guarantees provided by both parties
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Term and Termination: Duration of agreement and termination provisions
15. Fees and Payment: Payment terms, rates, and invoicing procedures
16. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Change Control: Procedures for managing changes to scope or requirements - include when project scope is likely to evolve
2. Security Requirements: Specific security protocols and requirements - include for projects involving sensitive data or systems
3. Business Continuity: Disaster recovery and business continuity provisions - include for mission-critical applications
4. Source Code Escrow: Terms for source code escrow arrangements - include when client requires access to source code in specific circumstances
5. Non-Solicitation: Restrictions on hiring each other's employees - include when protecting against staff poaching is important
6. Service Levels: Specific performance metrics and remedies - include when ongoing maintenance is part of the scope
7. Transition Services: Procedures for knowledge transfer and transition - include when complex handover is anticipated
8. Third-Party Components: Management of third-party software and licenses - include when solution involves significant third-party elements
9. Export Control: Compliance with export control regulations - include for international projects or restricted technologies
1. Schedule 1 - Services Description: Detailed description of development services and deliverables
2. Schedule 2 - Technical Requirements: Technical specifications and requirements for the development work
3. Schedule 3 - Project Timeline: Project phases, milestones, and delivery dates
4. Schedule 4 - Acceptance Criteria: Detailed criteria for accepting deliverables
5. Schedule 5 - Commercial Terms: Detailed pricing, payment structure, and commercial terms
6. Schedule 6 - Service Levels: Detailed performance metrics and measurement criteria
7. Schedule 7 - Governance Procedures: Detailed procedures for project governance and management
8. Schedule 8 - Security Requirements: Detailed security protocols and compliance requirements
9. Appendix A - Contact Details: Key contacts and escalation matrix
10. Appendix B - Approved Subcontractors: List of approved subcontractors and their roles
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