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Development and Publishing Agreement

This template is a formal agreement between a company and a developer for the creation and publication of software or digital content. It outlines the terms of the engagement, including deliverables, intellectual property, payment, and support.

Updated 15d ago
development agreementpublishing agreementsoftware developmentcontractSMESouthern Africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

DEVELOPMENT AND PUBLISHING AGREEMENT

This Development and Publishing Agreement ('Agreement') is made and entered into as of this {{day}} day of {{month}}, {{year}} ('Effective Date'), by and between:

{{client_company_name}}, a company duly incorporated under the laws of {{jurisdiction}}, with its principal place of business at {{client_company_address}} (hereinafter 'Client'); and

{{developer_company_name}}, a company duly incorporated under the laws of {{jurisdiction}}, with its principal place of business at {{developer_company_address}} (hereinafter 'Developer').

Collectively referred to as the 'Parties' and individually as a 'Party'.

1. ENGAGEMENT AND SCOPE OF WORK

1.1. The Client hereby engages the Developer to develop and/or publish the software or digital content as more fully described in Schedule A (''the Project'').

1.2. The Developer agrees to perform the services set out in Schedule A ('the Services') diligently and to the best of its abilities, in accordance with the specifications and timelines agreed upon by the Parties.

1.3. Any changes to the scope of work must be agreed upon in writing by both Parties and may result in adjustments to timelines and fees.

2. DELIVERABLES

2.1. The Developer shall provide the Client with the deliverables specified in Schedule A ('Deliverables').

2.2. The Client shall have {{number_of_days}} days from the date of delivery of each Deliverable to review and approve or reject it. Unreasonable rejection of Deliverables shall not delay payment.

2.3. Upon approval, the Deliverables shall be deemed accepted.

3. INTELLECTUAL PROPERTY RIGHTS

3.1. All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Deliverables created by the Developer specifically for the Client under this Agreement, shall, upon full payment of the agreed fees, vest exclusively with the Client.

3.2. The Developer warrants that the Deliverables will not infringe any third-party intellectual property rights.

3.3. The Developer retains intellectual property rights to any pre-existing tools, methodologies, or components used in the development of the Deliverables, granting the Client a non-exclusive, perpetual, worldwide license to use such elements solely in conjunction with the Deliverables.

4. PUBLISHING RIGHTS (If applicable)

4.1. In the event that publishing services are included in the scope of work, the Client grants the Developer a non-exclusive, worldwide license to publish, distribute, and market the Project as specified in Schedule A, for the Term of this Agreement.

4.2. The Developer shall provide regular reports on the performance and distribution of the Project as agreed upon in Schedule A.

4.3. Revenue sharing for publishing activities shall be as detailed in Schedule B.

5. PAYMENT TERMS

5.1. The Client shall pay the Developer a total fee of {{total_fee}} ({{currency}}) for the Services, payable as per the payment schedule outlined in Schedule B.

5.2. All invoices shall be paid within {{payment_days}} days of receipt.

5.3. Late payments may incur interest at a rate of {{interest_rate}}% per annum.

6. CONFIDENTIALITY

6.1. Both Parties agree to keep confidential all non-public information received from the other Party during the term of this Agreement.

6.2. This obligation of confidentiality shall survive the termination or expiration of this Agreement for a period of {{confidentiality_period}} years.

7. TERMINATION

7.1. Either Party may terminate this Agreement with {{notice_period_days}} days' written notice.

7.2. In the event of termination, the Client shall pay the Developer for all services rendered up to the effective date of termination.

7.3. Either party may terminate this agreement forthwith in the event of a material breach by the other party, subject to a {{cure_period_days}} day cure period.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. This Agreement shall be governed by and construed in accordance with the laws of {{jurisdiction}}.

8.2. Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations. If negotiation fails, disputes shall be submitted to mediation in accordance with {{mediation_rules}}.

8.3. If mediation fails, the Parties agree to submit to the exclusive jurisdiction of the courts of {{jurisdiction}}.

9. ENTIRE AGREEMENT

This Agreement, including all attached Schedules, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

FOR THE CLIENT:

_____________________________

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: {{client_signature_date}}

FOR THE DEVELOPER:

_____________________________

Name: {{developer_signatory_name}}

Title: {{developer_signatory_title}}

Date: {{developer_signature_date}}

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