An Agile contract is a type of implementation agreement ( from the English: Agile – agility ). It is a specific "operational model" that can be described as "agile" – meaning it is flexible and can change depending on the client's needs. It is an unnamed contract, a best-effort contract, most closely related to a mandate contract.
Agile methodologies are becoming increasingly popular in project implementation in the IT industry. This isn't a classic implementation agreement, which is closer to a contract for specific work due to the predetermined end result, i.e., a specific, concrete goal or product, with extensive (detailed) technical specifications often attached. However, with Agile projects (contracts), the opposite is true: the vision we want to achieve or create is paramount, and this vision can be subject to changes or modifications and develop naturally throughout the project—in other words, it must be flexibly shaped. These types of implementation projects are typical for startups, among others, where the concept and vision are paramount, and the exact shape of the end result is often not yet precisely known. Therefore, it's more about setting goals and defining the resources needed to achieve them. And it is precisely this "variability" of the contract that poses its greatest challenge.
So what's key? Here are a few key elements:
First, the most important thing is the "vision," and it should constitute the central "axis"—a description of what we would like to achieve, why, and how—that is, the most important objectives of the contract and their definitions and concepts. Tracking progress and monitoring results, as well as defining project milestones, is also crucial.
Furthermore, it's also crucial to define the roles assigned within the project – tasks and authorizations, and even the possibility of changing or modifying them. Defining the "end" or "readiness" of the project – introducing verification mechanisms or checklists .
Another important element of this type of agreement is the definition and regulation of copyright and intellectual property rights, licensing, transfer of rights, etc., as well as the regulation of the liability of the parties to the agreement – who is responsible for what and on what terms, including timeliness or any delays that may have occurred, as well as the issues and method of settling the project.
From the client's point of view, it is also very important to define programming and documentation standards (e.g. code) – both in terms of the choice of programming language, the method of commenting code and, in general, the preparation of documentation.
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This alert is for informational purposes only and does not constitute legal advice.
Legal status as of March 14, 2024
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