The Software Subcontractor Agreement is essential in Nigeria's growing technology sector where companies increasingly rely on specialized software development expertise. This document is used when a primary contractor needs to delegate specific software development tasks to another company while maintaining their obligations to the end client. The agreement must comply with Nigerian legislation including the NDPR 2019, NITDA Act, and Cybercrimes Act, while addressing crucial aspects such as intellectual property rights, data protection, quality standards, and payment terms. The document is particularly important given Nigeria's emphasis on local content development and the need to properly structure technology service relationships in compliance with local regulations.
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1. Parties: Identification of the primary contractor and subcontractor, including full legal names and registered addresses
2. Background: Context of the agreement, including reference to the main contract and reason for subcontracting
3. Definitions: Definitions of key terms used throughout the agreement, including technical terminology
4. Scope of Services: Detailed description of the software development services to be provided by the subcontractor
5. Term and Timelines: Duration of the agreement and key project milestones
6. Payment Terms: Compensation, payment schedule, invoicing requirements, and currency specifications
7. Intellectual Property Rights: Ownership and licensing of developed software, existing IP, and third-party components
8. Confidentiality: Protection of confidential information and trade secrets
9. Data Protection and Security: Compliance with NDPR and cybersecurity requirements
10. Performance Standards: Quality standards, acceptance criteria, and testing requirements
11. Reporting and Communication: Project management procedures, reporting requirements, and communication protocols
12. Warranties and Representations: Guarantees regarding service quality, compliance with laws, and authority to contract
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Termination: Grounds for termination, notice requirements, and consequences of termination
15. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and force majeure
1. Non-Competition: Restrictions on competing activities, used when subcontractor may have access to sensitive market information
2. Insurance: Insurance requirements, needed for high-value or high-risk projects
3. Source Code Escrow: Provisions for source code deposit with a third party, relevant for business-critical applications
4. Service Level Agreement: Detailed performance metrics and penalties, necessary for ongoing maintenance or support services
5. Personnel Requirements: Specific qualification requirements or key personnel provisions, useful for projects requiring specialized skills
6. Change Control: Procedures for managing changes to project scope or requirements, important for complex or long-term projects
7. Export Control: Compliance with international software export regulations, needed when dealing with international parties
1. Project Specifications: Detailed technical specifications, functionality requirements, and deliverables
2. Payment Schedule: Breakdown of payment milestones, rates, and payment terms
3. Service Levels: Performance metrics, response times, and quality standards
4. Approved Subcontractor Personnel: List of key personnel assigned to the project and their qualifications
5. Testing and Acceptance Criteria: Detailed testing procedures and acceptance requirements
6. Security Requirements: Specific security protocols, standards, and compliance requirements
7. Main Contract Extract: Relevant provisions from the main contract that flow down to the subcontractor
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