[VPM] where would I find examples of software business contracts (for services)?

Darren Duncan darren at darrenduncan.net
Mon May 5 16:45:06 PDT 2008


Hello,

I'm seeking help in finding some examples of software development contracts 
so to help me write my own.

I have a new (6 months old) BC incorporated business which provides 
database software development services, and its main unique selling 
proposition regarding said services is leveraging its own superior FLOSS 
toolkit for projects, which as creator I would know best.

I'm currently under the impression that I should have a written contract 
for services (name?) with each of my customers that outlines essentially 
that I do work for them which we mutually agree to and that they pay what I 
invoice, which is by the hour, within 30 days of invoice, and that the work 
is as-is and has no warranty, and that they own the result of just the work 
that is billed them (except where overrided by a separate sponsoring 
agreement), and nothing that I make in hours they aren't billed for.  Part 
of the reason for the contract is to help ensure I'm paid in a timely 
manner, and also so that the government has more proof that I am 
self-employed and not employed by my clients, even if I just have one major 
client at a time, so my business qualifies for the small business tax 
status.  I expect the concept in question to be fairly simple and just talk 
about our general relationship, and not be specific to any project, nor 
mention any delivery timetables for work nor mention estimated total costs; 
I may make or maintain several applications for the same client and just 
get paid by the hour the same either way.  I do not expect that the 
contract would specify what the hourly rate is, as that is discussed 
separately, though I suppose I could encode it there if necessary.  There 
are no explicit NDA elements, and no non-compete whatevers, no mention of 
patents; stuff like NDAs would be separately negotiated where applicable. 
The contract would be quasi-open-ended, and just operate for a year at a 
time, eg applying to work performed in calendar 2008, and then be 
renegotiated (possibly identically) for a subsequent year.  The contract 
would be generic so that it can be used with any client without being 
customized, generally, save for the name of the other party and date.

I am under the impression that basic contracts like this are quite common, 
and that a number of you have used such contracts already.

I am seeking some example/template contracts of this nature so that I can 
see the actual wording and structure that is used in Canada/BC/Victoria for 
such things so I can then use those to compose my own.  As well as whether 
there may be any gotchas I should be careful to avoid.

So far my efforts on Google haven't turned out anything very helpful, but I 
may just not be searching with the right terms, as I expect this sort of 
thing to be common.

I expressly want to keep this simple and I don't want to have to involve a 
lawyer in the drafting of the contract, and I don't need any third party 
witnesses.  I also don't want to use a fill-in-the-blanks program to write 
it for me.  The whole contract should fit on a single 8x11 page at normal 
fonts, if not within half a page.

Thank you in advance for any pointers.

-- Darren Duncan


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