A software development master services agreement is often longer and more complex than your standard app development contract. However, it does serve an important role for protecting your legal rights whether you’re a developer or the client…and saves you time in the process.
A standard app dev agreement focuses on a single project. The statement of work (or scope of work) for the app being developed is usually attached as an exhibit (or schedule) to the contract.
In contrast, a software development master services agreement is the framework you use for an ongoing relationship between the parties for development of multiple apps (and frequently includes software maintenance).
This master agreement contains the essential terms you want to cover all of the apps being developed over a period of time (often a year or more).
Along with the master services contract, there will be additional agreements for each app development project known as “work orders.” The initial work order for the first software to be created under the agreement is usually attached as an exhibit to the master services agreement.
Each work order covers the scope of work for one particular software development project. However, it references back to the master services contract that contains key terms that the parties have agreed to that apply to all projects.
Of course, a work order also has to flexibility to make exceptions to certain provisions in the master agreement to reflect unique needs for that particular project.
What if you need to modify something on a particular project after the work order has been signed by the parties? The master agreement should authorize such changes to occur if both parties executed a written “change order” that reflects the modifications.
Whether you’re the app developer or the client, it’s important not to take the other party’s master services agreement (or even standard app development contract) at face value and sign without having it reviewed by your own legal counsel. The standard terms and conditions of such an agreement are often written to favor the party who paid to have it created by an experienced software attorney.
