Delivery Agreement for Software Using Agile Methods

IT2015Terms and Conditions

DELIVERY AGREEMENT FOR SOFTWARE USING AGILE METHODS

1OBJECT OF AGREEMENT

The Customer and Supplier specified below haveagreedin accordance with the Terms and Conditions of this Agreement that the Parties carry out the iterations described in this Agreement and the Supplier delivers as the result of such the releases defined in thisAgreement to the Customer.

Possible software maintenance and support services, as well as future development, shall be agreed separately.

2PARTIES TO AGREEMENT AND CONTACT PERSONS

Customer: ______

Business identity code: ______VAT reg.

Customer’s address: ______

Customer’s contact person: ______

Supplier: ______

Business identity code: ______VAT reg.

Supplier’s address: ______

Supplier’s contact person: ______

Each Party to thisAgreement shall without undue delay inform the other Party in writing of any change regarding its contact person. The contact person is not authorised to agree on amendments to thisAgreement.

3AGILE METHOD USED IN PROJECT AND PROJECT PLAN

3.1 Agile method used in the project

[ ] The agile method to be used in the project is describedin annex number____.

[ ] The agile method to be used in the project has been specified as follows:

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3.2 Project plan

[ ] The project plan is attached as annex number____.

[ ] The project plan shall be drafted in the beginning of the project in accordance with the IT2015 EKT Special Terms and Conditions for Deliveries of Software Using Agile Methods attached to thisAgreement as an annex.

[ ] No project plan has been drafted.

4DELIVERABLES

4.1 Releases constituting the deliverables

[ ]The release(s) constituting the deliverables have been describedin annex number____.

[ ]The release(s) constituting the deliverables have beenspecified as follows:

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[ ] The deliverables shall be detailed in the project documentation during the delivery in accordance with the IT2015 EKT Special Terms and Conditions for Deliveries of Software Using Agile Methods.

4.2 Open source softwareand standard software included inthe delivery

[ ]Open source software and standard software hasbeen specifiedin annex number____.

[ ]Open source software and standard software has been specifiedas follows:

Open source software shall refer to the following software or software components:

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Standard software shall refer to the following software or software components:

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4.3 Data security, processing of personal data and backup

[ ]Data security has been agreed in annex number____.

[ ]Data security has been agreed in accordancewith the IT2015 Terms and Conditions annexed to thisAgreement.

[ ]Processing of personal data has been agreed in annex number____.

[ ]Processing of personal data has been agreed in accordance with the IT2015 Terms and Conditions annexed to this Agreement.

[ ]Backup procedureshave been agreed in annex number____.

[ ]Backup procedureshave been agreed in accordance with the IT2015 Terms and Conditions annexed to this Agreement.

5PRICES AND PAYMENT TERMS

5.1Prices

[ ]Price of the delivery has been specified in annex number____.

[ ]Price of the delivery has been specified as follows:

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5.2Payment terms

[ ]The payment terms are____ days net from the date of delivery or the date of invoice, whichever is later.

[ ]The payment terms have been specified in annex number____.

[ ]The payment terms have been specified as follows:

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[ ]The invoicing and payment instalments have been specified in annex number____.

[ ]The invoicing and payment instalments have been specified as follows:

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6TERMS AND CONDITIONS OF SOFTWARE LICENCES

6.1Standard software

[ ]The licence terms and conditions have been specified in annex number____.

[ ]The licence terms and conditions have been specified in accordance with the IT2015 EVT Special Terms and Conditions for Deliveries of Standard Software annexed to this Agreement.

[ ]The licence terms and conditions have been specified as follows:

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6.2Open source software

[ ]The licence terms and conditions have been specified in annex number____.

[ ]The licence terms and conditions have been specified as follows:

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6.3Other software included in the deliverables

[ ]The licence terms and conditions have been specified in annex number____.

[ ]The licence terms and conditions have been specified in accordance with the IT2015 EKT Special Terms and Conditions for Deliveries of SoftwareUsing Agile Methods

[ ]The licence terms and conditions have been specified as follows:

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______

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7DELAY OF DELIVERY AND INDIVIDUAL RELEASES

[ ]AParty to thisAgreement shall not be entitled to penalties for the delay of the delivery or individual releases.

[ ]A Party to thisAgreement shall be entitled to a penalty for the delay of the delivery in accordance with the IT2015 Special Terms and Conditions for Deliveries of Software Using Agile Methods annexed to this Agreement. A Party to thisAgreement shall not be entitled to a penalty for the delay of individual releases.

[ ]A Party to thisAgreement shall not be entitled to a penalty for the delay of individual releases, but the Party shall be entitled to a penalty for the delay of the delivery as follows:

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[ ]A Party to thisAgreement shall be entitled to a penalty for the delay of the delivery and individual releases as follows:

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8RIGHTS TO RELEASES, DELIVERIES AND OTHER RESULTS

[ ]Rights have been specified in annex number____.

[ ]Rights have been agreed in accordancewith the IT2015 EKT Special Terms and Conditions for Deliveries of Software Using Agile Methods annexed to this Agreement.

[ ]Rights shall be determined as follows:

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9CUSTOMER’S RIGHT TO END THE PROJECT

[ ]The Customer’s right to end the project is specifiedin annex number____.

[ ]The Customer shall have the right to end the project at any time without a notice period by informing the Supplier of such in writing.

[ ]The Customer shall have the right to end the project in accordance with the IT2015 EKT Special Terms and Conditions for Deliveries of Software Using Agile Methods annexed to this Agreement.

[ ]The Customer shall have the right to end the project as follows:

______

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10WARRANTY TERMS

10.1Standard software

[ ]The warranty terms have been specified in annex number____.

[ ]In accordance with the IT2015EVTSpecial Terms and Conditions for Deliveries of Standard Software annexed to this Agreement.

[ ]The warranty terms have been specified as follows:

______

______

______

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10.2Open source software

[ ]The warranty terms have been specified in annex number____.

[ ]The warranty terms have been specified as follows:

______

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10.3Other software included in the deliverables

[ ]The warranty terms have been specified in annex number____.

[ ]The warranty has been agreed in accordance with the IT2015 EKT Special Terms and Conditions for Deliveries of Software Using Agile Methods annexed to this Agreement.

[ ]The warranty terms have been specified as follows:

______

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11SUBCONTRACTING

[ ]Subcontracting has been agreed in annex number____.

[ ]Subcontracting has been agreed in accordance with the IT2015 YSE General Terms and Conditions annexed to this Agreement.

[ ]The following has been agreed onsubcontracting:

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12CONFIDENTIALITY

[ ]Confidentiality has been agreed in annex number____.

[ ]Confidentiality has been agreed in accordance with the IT2015 YSE General Terms and Conditions annexed to this Agreement.

[ ]The following has been agreed on confidentiality:

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13LIABILITY FOR DAMAGES AND LIMITATION OF LIABILITY

Liability for damages and limitation of liability have been agreed in annex number___.

The maximum liability for damages of a Party to thisAgreement towards the other Party based on thisAgreement shall not, excluding possible liquidated damages due to delay, service credits or other contractual penalties or credits, exceed in aggregate______euros. If a Party to thisAgreement has an obligation to pay liquidated damages payable due to delay, service credits or other contractual penalties or credits, the Party is also liable to pay damages only for the part of the loss exceeding the liquidated damages payable due to delay, service credits or other contractual penalties or credits. In addition, sections 12.3 – 12.5 of the IT2015 YSE General Terms and Conditions shall apply.

The maximum liability for damages of a Party to thisAgreement towards the other Party based on thisAgreement shall not, excluding possible liquidated damages due to delay, service credits or other contractual penalties or credits, exceed in aggregate ____percent of the total price of the delivery excluding the value added tax. If a Party to thisAgreement has an obligation to pay liquidated damages payable due to delay, service credits or other contractual penalties or credits, the Party is also liable to pay damages only for the part of the loss exceeding the liquidated damages payable due to delay, service credits or other contractual penalties or credits. In addition, sections 12.3 – 12.5 of the IT2015 YSE General Terms and Conditions shall apply.

14OTHER TERMS AND CONDITIONS

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15ANNEXES OF THE AGREEMENT AND ORDER OF PRIORITY

15.1The following annexes form an integral part of thisAgreement (please number the annexes):

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15.2The following IT2015 Terms and Conditions shall also form an integral part of thisAgreement:

[ ]IT2015EKT Special Terms and Conditions for Deliveries of Software Using Agile Methods

[ ]IT2015 EVT Special Terms and Conditions for Deliveries of Standard Software

[ ]IT2015 YSE General Terms and Conditions

15.3The order of priority of documents relating to this Agreement shall be as follows:

1.This Agreement.

2.Annexes to this Agreement other than the IT2015 terms and conditions. In case of discrepancy between these annexes, the annexwith a smaller number shall prevail.

3.The special terms and conditions annexes of the IT2015 Terms and Conditions annexed to this Agreement.

4.IT2015 YSE General Terms and Conditions

COPIES OF AGREEMENT AND SIGNATURES

This Agreement have been executed in two original copies, one for each Party.

Place and datePlace and date

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Customer’s signatureSupplier’s signature

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Name(s) typed:Name(s) typed:

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