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64

answers:

2

Hello,

I'm Chandan, I work as freelance Programmer and Website Design / Development.

Lately I got quite a bunch a projects and I want to outsource one of them. What points should I include the Agreement between the Programmer and my Company.

We already agreed on a price and we agreed to have source code and software also included.

Please advise the points that I will need to consider or send me a mockup of the Agreement if possible please.

Thank You For Your Support and Help.

Yours

Chandan A

Multisoft Systems Ltd

A: 

I'm not sure how you'd word this in your agreement. But I've previously worked in an organisation which had a lot of trouble with the following during outsourcing, especially if the job was outsourced overseas...

  1. How/When you will be able to contact the other party (especially if you're in a different timezone)
  2. How to have control over them using third party suppliers (re-outsourcing) to do some of the work. You may not have a problem with this but you should at least make sure they run it past you before doing so
  3. Make sure your IP clauses are very specific about who owns what (and also consider things like whether they might include libraries with not-so friendly licensing terms.)
Ganesh Shankar
A: 

Hello gshankar,

The work is being carried out by a freelancer in my own country, i already met him physically and discussed everything and its very clear and visible that the job is not being re-outsourced. So this answers to your question 1 and 2.

Librairies will be included and a fixed price was set by myself for the whole software and source code.

But how do I prepare the agreement since:

My company only will have rights on the software and source code and the freelancer should not sell the softare, source code or even modify the source code etc.... in fact he will not have any rights on the software n code. I want to have agreement being set clearly yo point out all these.

thank you for guiding me.

ImDan25
Unfortunately I can't really tell you how to word your agreement... my advice? Get a lawyer (hopefully with an IP background) to help you out with drafting your agreement. I did a quick search around the net and found a number of sample Software Outsourcing Agreements available which may help get you started. (I'd still recommend getting a lawyer to review it for you when you're done. It's worth the expense!)
Ganesh Shankar
Also, if you need to respond to an answer use the "add comment" link at the bottom of the answer. Otherwise others visiting this page to learn from your question will get confused...!
Ganesh Shankar
Ok, Thank You Very Well. I do have a cousin who is lawyer. I would go for the Sample Agreement Softwares and show her a draft and bring changes where necessary.Thank You Very Much
ImDan25