Contracts represent and protect the interests of the parties. Before any work commences on a project, a contract must be signed by the customer and by the relevant parties at Purepoint.
Purepoint have developed contract templates which can be edited on a per-project basis. In a typical project contract, there are many clauses that remain the same. These templates therefore save time.
The contract should clearly define what services are to be delivered and what money should be paid by the customer for those services. The timelines and milestones involved should also be stated.
Clarity of English is imperative, especially when defining services to be performed and timelines involved.
Typically, when producing a contract, the technical specification and statement of work will be attached as a schedule and referenced within the body of the contract. By structuring the document in this way, it saves the customer effort because they do not have to trawl through clauses to find details on precisely how the software will be built. Instead, they can just reference the relevant schedule which will read with greater fluidity than the clauses contained within the contract.
Once the contract is ready to send to the customer, remember to include a version number on the cover. Any subsequent changes to the contract should be coupled with that version number being updated.
After the customer has reviewed the contract, they will either sign it or want to negotiate some of the contractual terms. The customer may express their questions about specific wording and may also suggest additional wording or new clauses.
Contracts - Non-disclosure agreements (NDAs)
‘Non-disclosure agreements’, or ‘not doing anything’ (with our idea) as we like to call them, are very common within our industry. They allow for the disclosure of confidential information in an environment where the receiving party has agreed not to reveal that information.
Purepoint prioritise confidentiality. If you are trying to use a project as an example during an explanation, it is important to ensure that you do not reveal any actual confidential information about that project or the customer. If information is already in the public domain, that information is not confidential.
Due to the nature of our business, prospective customers request we sign NDAs. Before any legally binding document is signed, it should be read and understood in full. If you do not understand part of the document, seek further clarification.
Contracts - Licences & Intellectual property rights (IPR)
Our output generally falls under variations of the following:
- MIT or Apache Licensed (Open source)
- IPR transfer
Open source We do not use GPLv3 because of its carry-forward nature, which is not usually ideal in our area of business.
Intellectual property rights transfer In this situation, once all remaining fees due have been paid, the IPR subsisting in a piece of work is transferred to the customer.