Software Development Agreement

A Software Development Agreement sets out the terms under which a developer creates and transfers customised software to a client.

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Last updated September 17, 2025

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Suitable for Australia

Software Development Agreement
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Frequently asked questions

Use this Software Development Agreement if:

  • You want to clearly establish the rights and responsibilities of the software developer and the customer.
  • You want to guarantee that the software created adheres to the requirements of the customer.
  • You want to ensure the software developer is not infringing on any third party’s intellectual property rights.
  • You want to protect the intellectual property being developed for this software application.

What does this Software Development Agreement cover?

  • Background
  • Development of software
  • Development fees
  • Installation of software
  • Acceptance testing
  • Termination
  • Liability
  • Implied terms and consumer guarantees 
  • Confidentiality
  • Privacy
  • Copyright indemnity

Further information

View Sample Software Development Agreement

Software Development Agreement
risk level indicator at Low level

The Legal Risk Score of a Software Development Agreement Template is Low

Our legal team have marked this document as low risk considering:

  • The document stipulates that the supplier is not required to install the software or provide support for its installation, which could lead to additional costs or complications for the user if they lack the technical expertise to handle installation themselves.
  • Changes in the project timeline or software specifications may lead to additional charges or amendments to the development schedule, potentially increasing the overall cost and duration of the project.
  • The software may not be entirely free of errors even after acceptance, and the supplier's limited warranty may not cover all potential issues that arise, leaving the user responsible for any unaddressed defects.

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