1. Scope of Work.
Define the specific tasks, deliverables, and milestones expected from the software solution, leaving no room for ambiguity.
2. Pricing and Payment Terms.
Specify the total cost, payment schedule, and any potential additional charges, such as maintenance fees.
3. Licensing and Usage Rights.
Clarify how the software can be used, whether it's for a limited number of users, specific locations, or certain purposes.
4. Support and Maintenance.
Outline the level of support and maintenance provided, including response times and troubleshooting procedures.
5. Data Security and Privacy.
Ensure that the contract addresses data protection measures, compliance with relevant regulations, and data ownership rights.
6. Intellectual Property Rights.
Clearly define who owns the intellectual property rights for the software and any customizations.
7. Termination and Renewal.
Specify the conditions under which either party can terminate the contract and outline the renewal process.
8. Service Level Agreements (SLAs).
Establish measurable performance benchmarks for the software and penalties for non-compliance.
9. Indemnification and Liability.
Determine the responsibilities for indemnification in case of legal issues and set limits on liability.
10. Dispute Resolution.
Lay out the procedures for resolving disputes, including mediation or arbitration if necessary.