We make out the technical task correctly

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The issue of designing technical specifications for contracts for custom development has gotten into a sore point, but the developers continue to ask themselves with a fair amount of consistency.

Why do we need the terms of reference for the contract for custom development, when at 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. Setting and adjustment of tasks is carried out by e-mail. Paperwork is time consuming. 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, you must remember that the contract for software developmentmust necessarily include conditions on 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 concluded.

At the same time, agreement on 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 possibility of using electronic documents using analogues of a handwritten signature. For the meaning of electronic correspondence, see our previous article .

As a result, the customer can refuse to accept the completed work results and pay them, and when making an advance, also demand its full return, since electronic correspondence in the absence of an agreement does not have legal value.

Therefore, the terms of reference for the contract for the creation of programs (and any other copyright objects) are necessary to specify the requirements for the subject of the work, agree on the timing of their implementation and, as a rule, determine the cost of the work and remuneration for the rights.

Thus, TK fulfills the legal function of determining the basic conditions of the contract and the procedure for updating them.

Do not stop halfway when concluding a contract for the creation of software - pay due attention to the design of technical specifications for the contract.

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How do you draw up the terms of reference for the contract?

  • 83.6% By a separate appendix to the contract 51
  • 6.5% Email 4
  • 9.8% In the project management system 6

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