Before subcontracting OutSystems work, sign an NDA first, then put the relationship under a master services agreement (MSA) and describe each piece of work in a statement of work (SOW). Make sure the documents cover white-label delivery, intellectual property, data protection, non-solicitation, the pricing model, replacements and handover.
Key takeaways
- Sign an NDA before sharing any client or project details.
- Use one MSA for the relationship and a SOW for each piece of work.
- Spell out white-label terms and that IP passes to you (and your client) on payment.
- Agree replacements, notice periods and handover before work starts.
1. NDA before anything else
Confidentiality protects your client relationship. Sign a mutual NDA before sharing the client’s name, requirements or systems, and make sure it covers the subcontractor’s staff.
2. Master services agreement (MSA)
The MSA sets the rules for every engagement: payment terms, liability, confidentiality, data protection, governing law and how disputes are handled. Agree it once so new work only needs a SOW.
3. Statement of work (SOW) for each engagement
Each SOW states the roles or deliverables, start date and duration, working hours and overlap, rates or fixed price, acceptance criteria and who manages the work day to day.
4. White-label and client contact
State whether the subcontractor’s developers work under your brand, which email addresses and tools they use, and whether they can talk to your client directly.
5. Intellectual property
Make sure all code, designs and documents created for the project belong to you (and pass to your client as your contract requires) once invoices are paid.
6. Data protection and security
Agree how client data is accessed and stored, device and access rules, and any certifications you need. AWT, for example, is ISO 27001:2013 certified.
7. Non-solicitation, replacements and notice
Agree that neither side hires the other’s people directly for a set period, how quickly a developer is replaced if needed, and the notice period to scale down.
8. Handover and exit
Require documentation, knowledge transfer sessions and access handover at the end of an engagement, so your client is never left without support.
Frequently asked questions
What contracts do I need to subcontract OutSystems work?
Usually three: a mutual NDA, a master services agreement (MSA) that covers the overall relationship, and a statement of work (SOW) for each engagement.
Who owns the code when I subcontract OutSystems development?
That depends on your contract. Most IT services companies require that all code and deliverables belong to them, and pass to their client, once invoices are paid. Put this in the MSA.
Can subcontracted developers work under my company’s brand?
Yes. In a white-label engagement the developers work in your tools and processes and your company keeps the client relationship. Agree the details in the MSA and SOW.
Does AWT sign NDAs before discussing a project?
Yes. AWT signs an NDA before any project details are shared, and works under standard MSA and SOW contracts.
