A company wishing to develop and produce a software can choose to outsource the design of this software to external resources. In such a context, the company no longer benefits from the protection of employment contracts it has with its own employees. Therefore, it must provide agreements that will frame the work and intellectual property rights of these external resources.

The company would be wise to have a service agreement which should notably provide that the freelancer:

• has the required skills and expertise to design and develop the software;
• commits to provide such services for the sole benefit of the provider;
• represents and warrants that he/she is a self-employed worker;
• represents and warrants that he/she is not subject to any restriction preventing the provision of his/her services;
• will design and develop the software specifically for the company;
• will provide the company with a production quote listing all necessary operations or activities;
• will test and validate the software before it is delivered;
• represents and warrants that the information and intellectual rights belong to the company;
• will assign and transfer to the company all its intellectual property rights and expressly waive all its moral rights.

The company should normally be considered the sole author and owner of the software and all related elements as well as the system and modifications. In case of non-compliance by the freelancer with any provisions of the agreement, the company may demand that the freelancer pay a certain amount as compensation for the damage suffered.

Fees for drafting service agreements for a freelancer are billed at an hourly rate.

It is therefore important to consult a notary specialized in this matter, as they are experts in contract drafting.