We make out the correct specification
The issue of drawing up the terms of reference for custom development contracts has turned a bit dry, but continues to be asked by the developers with considerable consistency.
Why do you need a technical task for a contract for custom development, when by the time of completion it does not fully reflect the result? We use an electronic software development planning system, to which the customer has access. Task setting and correction is performed by e-mail. Paperwork takes a lot of time. Here are the most common arguments in defense of an informal approach to a software contract. Legal implications of a formal approach to TK under the cut.
So, it must be remembered that the contract for the development of software must necessarily include the conditions of the subject of work and the timing of their implementation. In the absence of such conditions directly in the text of the contract or its annexes, the contract is not considered to be concluded.
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At the same time, the negotiation of the essential terms of the contract in electronic correspondence or the scheduler used is not possible in the absence of a contract that has entered into force, which allows the use of electronic documents using analogs of a handwritten signature. On the value of e-mail, see our previous article .
As a result, the customer may refuse to accept the completed results of work and their payment, and when making an advance payment, also require his full refund, since electronic correspondence in the absence of a contract has no legal value.
Therefore, the terms of reference for the contract for the creation of programs (and any other objects of copyright) is necessary for specifying the requirements for the subject of work, agreeing on the terms of their implementation and, as a rule, determining the cost of work and remuneration for rights.
Thus, the TK performs the legal function of determining the basic terms of the contract and the procedure for clarifying them.
Do not stop halfway when concluding a contract for creating software - pay due attention to the issues of drawing up the terms of reference for the contract.
Why do you need a technical task for a contract for custom development, when by the time of completion it does not fully reflect the result? We use an electronic software development planning system, to which the customer has access. Task setting and correction is performed by e-mail. Paperwork takes a lot of time. Here are the most common arguments in defense of an informal approach to a software contract. Legal implications of a formal approach to TK under the cut.
So, it must be remembered that the contract for the development of software must necessarily include the conditions of the subject of work and the timing of their implementation. In the absence of such conditions directly in the text of the contract or its annexes, the contract is not considered to be concluded.
')
At the same time, the negotiation of the essential terms of the contract in electronic correspondence or the scheduler used is not possible in the absence of a contract that has entered into force, which allows the use of electronic documents using analogs of a handwritten signature. On the value of e-mail, see our previous article .
As a result, the customer may refuse to accept the completed results of work and their payment, and when making an advance payment, also require his full refund, since electronic correspondence in the absence of a contract has no legal value.
Therefore, the terms of reference for the contract for the creation of programs (and any other objects of copyright) is necessary for specifying the requirements for the subject of work, agreeing on the terms of their implementation and, as a rule, determining the cost of work and remuneration for rights.
Thus, the TK performs the legal function of determining the basic terms of the contract and the procedure for clarifying them.
Do not stop halfway when concluding a contract for creating software - pay due attention to the issues of drawing up the terms of reference for the contract.
Source: https://habr.com/ru/post/291808/
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