The Software Development Subcontractor Agreement is essential for businesses operating in the Philippines' growing technology sector. It is specifically designed for situations where a primary software development company needs to subcontract portions of its development work while maintaining quality control and legal compliance. This agreement is particularly relevant given the Philippines' position as a major technology and outsourcing hub, incorporating local legal requirements including the Data Privacy Act (RA 10173), E-Commerce Act (RA 8792), and Intellectual Property Code. The document addresses key aspects such as service scope, deliverables, intellectual property rights, confidentiality, data protection, and dispute resolution mechanisms, while ensuring compliance with Philippine labor and employment regulations regarding subcontracting arrangements.
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1. Parties: Identification of the main contractor and subcontractor with complete legal details
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
4. Scope of Services: Detailed description of software development services to be provided
5. Term and Termination: Duration of agreement and conditions for termination
6. Payment Terms: Compensation, payment schedule, and invoicing requirements
7. Obligations of Subcontractor: Key responsibilities, deliverables, and performance standards
8. Obligations of Main Contractor: Main contractor's responsibilities including provision of resources and information
9. Intellectual Property Rights: Ownership and licensing of developed software and related IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with Philippine Data Privacy Act and data handling requirements
12. Warranties and Representations: Guarantees regarding service quality and legal compliance
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Dispute Resolution: Process for resolving disputes under Philippine law
16. General Provisions: Standard clauses including notices, amendments, and governing law
1. Non-Competition: Restrictions on competitive activities, used when protecting market position is crucial
2. Insurance: Insurance requirements, included when specific coverage is needed
3. Security Requirements: Specific security protocols and requirements, used for sensitive projects
4. Performance Bonds: Requirements for performance bonds, used for high-value contracts
5. Source Code Escrow: Source code escrow arrangements, used for critical software
6. Disaster Recovery: Disaster recovery and business continuity requirements, for mission-critical systems
7. Training and Knowledge Transfer: Requirements for training and knowledge transfer, used when continuity is important
1. Schedule A - Services Description: Detailed technical specifications and scope of development work
2. Schedule B - Service Levels: Performance metrics, KPIs, and service level requirements
3. Schedule C - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
4. Schedule D - Project Timeline: Project phases, milestones, and delivery schedules
5. Schedule E - Technical Requirements: Technical specifications, development standards, and requirements
6. Schedule F - Personnel: Key personnel, roles, and qualifications
7. Schedule G - Testing and Acceptance: Testing procedures and acceptance criteria
8. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal and sensitive data
9. Appendix 2 - Security Protocols: Security requirements and procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Consulting
Digital Services
Business Process Outsourcing
Financial Technology
E-commerce
Healthcare Technology
Education Technology
Enterprise Software
Relevant Teams
Legal
Procurement
Information Technology
Software Development
Operations
Compliance
Risk Management
Vendor Management
Project Management Office
Information Security
Relevant Roles
Chief Technology Officer
Project Manager
Legal Counsel
Procurement Manager
Software Development Manager
Contracts Administrator
Vendor Manager
Technical Director
Operations Manager
Compliance Officer
Data Protection Officer
IT Director
Chief Information Officer
Software Engineer Lead
Development Team Lead
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