This is drafted in favour of the Client. For use when a Client sub-contracts its client’s work out in part or in whole to a Developer Individual who agrees to provide software development services to the Client for the benefit of the Client and the Client’s end client. The Developer Individual is acting in the capacity of the Client’s ‘Sub-Contractor’ as far as the Client’s end client is concerned. The contract is presumed therefore to have been put on the table by the Client. If the Developer is a company as opposed to an individual, see Agile Software Development & Assignment Agreement (Client & Sub-Contractor Developer Company) (B2B).
Note that the Client is likely to have a type of back-2-back agreement in place with its own end client direct. Where the Client acting as the intermediary puts the contract on the table and the Client’s end client is a company, the following can be used (wherein the Client becomes the Developer Company and the end client becomes the Client):
Agile Software Development & Assignment Agreement (Developer Company & Client) (B2B)
Or, where Developer is an individual the following can be used:
Agile Software Development & Assignment Agreement (Developer Individual & Client) (B2B)
Indeed, if it is the end client who puts the contract on the table, and the Developer Client acting as intermediary is a company, then the following can be used (wherein the Client becomes the Developer Company and the end client becomes the Client):
Agile Software Development & Assignment Agreement (Client & Developer Company) (B2B)
Or, where Developer is an individual the following can be used:
Agile Software Development & Assignment Agreement (Client & Developer Individual) (B2B)
