Software Development Consulting Agreement

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A software development consulting agreement is a contract between a company and a software consultant hired to provide technical advice and services. Depending on the scope of the work and the type of consulting services required, the arrangement may be project-based or ongoing.

Software Development Consulting Agreement

A software development consulting agreement is a contract between a company and a software consultant hired to provide technical advice and services. Depending on the scope of the work and the type of consulting services required, the arrangement may be project-based or ongoing.

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Last updated December 10th, 2024

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A software development consulting agreement is a contract between a company and a software consultant hired to provide technical advice and services. Depending on the scope of the work and the type of consulting services required, the arrangement may be project-based or ongoing.

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  5. Software Development

What to Put in the Agreement

The following are the principal provisions that should be included in virtually every consulting contract:

  1. The names and addresses of the consultant and client.
  2. The services the consultant is hired to provide.
  3. The duration of the agreement.
  4. The compensation the consultant will receive.
  5. The method of payment.
  6. The retainer and/or contingency fee the client guarantees (if applicable).
  7. A non-disclosure provision.
  8. The division of any expenses.
  9. An affirmation of the consultant’s independent contractor status.

Once completed, both parties must sign and date the agreement to make it legally binding.

Typical Services

Some of the standard services a software consultant provides include:

  • App Development – Applying expert skills and experience to consulting or working directly on the development of mobile or computer applications.
  • Cyber Security – Auditing web security and providing recommendations or services to improve the company’s setup.
  • Modernizing Software – Planning the redesign and updating existing software.
  • Process Analysis – Analyzing an organization and providing software solutions to improve workflow, communication, and profits.
  • Software Assessment – Evaluating and auditing software performance and offering advice for improvements.
  • Software Selection – Advising clients on software vendors and applications that best suit their needs.
  • Team Augmentation – Providing tools, organization, and training to a company’s development team.

Sample

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SOFTWARE DEVELOPMENT CONSULTANT AGREEMENT

This Consultant Agreement (“Agreement”) is made effective as of [MM/DD/YYYY] by and between [CONSULTANT NAME], with a mailing address of [CONSULTANT ADDRESS] (the “Consultant”) and [CLIENT NAME], with a mailing address of [CLIENT ADDRESS] (the “Client”).

1. SERVICES. The Consultant agrees to provide the following services to the Client: [DESCRIBE DEVELOPER’S SERVICES] (“Services”).

2. COMPENSATION. In consideration for the Services to be provided, the Client agrees to pay the Consultant $[AMOUNT] per hour.

3. PAYMENT METHOD. The Consultant shall be paid, in accordance with section 2, upon the Client receiving an Invoice from the Consultant.

4. TERM. The Services shall commence on [MM/DD/YYYY] and end on [MM/DD/YYYY].

5. RETAINER. As an advance on future Services to be provided, the Client is required to pay the Consultant a retainer in the amount of $[AMOUNT] every ☐ week ☐ month ☐ quarter, beginning on [DATE] (“Retainer”). The Retainer is non-refundable.

6. CONTINGENCY. As part of the Consultant’s pay, there shall be a contingency fee arrangement in accordance with [PERCENT]% of [CONTINGENCY REQUIREMENTS].

7. NON-DISCLOSURE. The Consultant agrees not to disclose or use the Client’s proprietary or confidential information without prior written consent, except as needed to perform the Services, recognizing that such actions would cause irreparable harm to the Client.

8. EXPENSES. The Client shall be responsible for the following expenses: [LIST EXPENSES TO BE PAID BY CLIENT].

9. INDEPENDENT CONTRACTOR STATUS. The Consultant is an independent contractor, and neither the Consultant nor their employees or contract personnel are or shall be deemed the Client’s employees.

10. TERMINATION. Either party may terminate this Contract upon [#] days’ written notice.

IN WITNESS WHEREOF, the parties have executed this Agreement on [MM/DD/YYYY].

Consultant’s Signature: ____________________ Date: [MM/DD/YYYY]

[CONSULTANT PRINTED NAME]

Client’s Signature: ____________________Date: [MM/DD/YYYY]

[CLIENT PRINTED NAME]