It is not required to sign a bilateral agreement on paper with a resident company of the Hi—Tech Park. You can agree on the specifics of software development and online payment and exchange the terms of the contract. Or join the terms of the agreement that the Park’s resident company posted on its website.

A resident of the Hi-Tech Park will not require the presence of a representative of a foreign customer to sign documents on the fulfillment of their obligations under the agreement.

In this case, representing the interests of a foreign customer is justified by monitoring the development process, testing and updating software, competent translation of technical specifications and monitoring their implementation.

Peculiarities of cooperation with residents of Belarus in other cases

As a rule, in the case of cooperation with companies and individual entrepreneurs who are non—residents of the Hi-Tech Park, it will be necessary to sign a physically bilateral agreement. Since non-residents of the Park are subject to the requirements for registration of a currency agreement by the National Bank of the Republic of Belarus and the bank may require a physical agreement. When signing an agreement with a foreign software customer, a resident has a number of obligations related to the timing of receipt of revenue under the agreement and the reflection of the stages of execution of the agreement in the form of registration on a special portal of the National Bank.

In this case, a lawyer who has experience in the field of currency legislation and software contracts should represent the interests of a foreign software customer.

There are no requirements for the name of a software development agreement in Belarusian legislation. You can use the rules on a contract with an individual when the developer is an individual. When the contractor is an individual, it is possible to conclude an agreement with him on the creation and use of the results of intellectual activity (Article 986 of the Civil Code of the Republic of Belarus).

In relations with a Belarusian company, you can use the norms of the Civil Code of the Republic of Belarus on the contract. According to the contract, one party (contractor), on the order of the other party (customer), performs the work specified in the contract and delivers it to the customer within a certain period of time. The customer accepts and pays for the work.

The contract stipulates at whose expense and by whose forces the work is performed, whether the contractor has the right to involve subcontractors, the price of the contract, the procedure for checking the progress and quality of work by the customer, the contractor’s obligation to eliminate the shortcomings of the work performed at his own expense, etc. In the contract, it is necessary to use the provisions on the disposal of the exclusive right in relation to the transfer of software to the customer.

When developing software, you can formalize a relationship with the customer with an agreement on the performance of technological work or a mixed agreement that contains provisions on the provision of services (for the software development stage) and the provisions of the license agreement (for the transfer stage of the software to the customer).