5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.Period: October 2016 to date · As of: 28 October 2026
Classify an IT contract or software contract
Classify the right contract case right away.
Sometimes a SaaS model is awaiting approval, sometimes a development project falters on scope and acceptance, sometimes the economic value depends on licence scope, maintenance or outsourcing. We guide you to the right contract review.
Please enter a short description first.
Initial contact is free of charge. Before any costs arise, we will inform you expressly.
Response within 24 hours on working days
As of: 23 October 2026
IT law · contract products IT software contract
Classify the contract case1 of 5
- Main serviceCustom developmentPresent
- Acceptance and testsMissing
- Rights of use and source codeCheck
- Maintenance after go-liveNot agreedMissing
- Order of precedence of annexesCheck
Point of review: Development and support without clear demarcation
- 1Determine the serviceWhat it is mainly about
- 2Read the documentsSLA, SOW, EULA, plan
- 3Review the contractSpecialist page and review
Schematic illustration of a contract classification. Simplified example.
We review IT contracts for
- Software houses
- SaaS providers
- Mid-sized companies
- Agencies
Key points at a glance
- IT contract is an umbrella term for agreements on IT services.
- A software contract can regulate the use, development, maintenance or provision of software.
- The review depends on the agreed services, the rights needed and remuneration, liability and contract termination.
- You do not have to puzzle over contract types.
- ITMR guides you from the broad contract question to the right specialist page.
- Your contact is Jean Paul Bohne and his team. He is a specialist lawyer for IT law and for copyright and media law. Response on working days within 24 hours.
- SaaS
- Software as a Service. Software used over the internet rather than installed.
- SLA
- Service level agreement. It sets out availability, response times and customer service.
- AVV
- Data processing agreement under Art. 28 GDPR. It governs how a service provider processes data on your behalf.
- DSGVO
- The EU General Data Protection Regulation (GDPR). It governs how companies may process personal data.
Classification
Why does an IT project combine several contract types?
The heading of a contract alone does not determine its legal classification.
Services, remuneration, rights and termination must be aligned with each other.
A custom-developed application can later be operated as a cloud service. A software licence can be combined with maintenance. The provisions on services, remuneration, rights and termination must then be aligned with each other.
First choose the service that it is mainly about. If several providers or contract documents are involved, we also review their responsibilities and the order of precedence of the documents.
Services, remuneration, liability, term and termination are important in all models. In addition, there are questions arising from the specific service.
If it is mainly about custom programming or a project with incremental development, use our software development contract check for initial orientation.
- For whom
- Companies, providers, agencies
- Contract types
- SaaS, development, maintenance, licence, outsourcing, web design
- Timing
- Before signing, during the project, in a dispute
- Result
- Classification and review
Describe your project using the form. We will get back to you on working days within 24 hours.
How it works
How do we classify your contract case?
Three steps from the contract question to the review.
01
Determine the service We clarify whether it is mainly about cloud software, development, maintenance, licence, outsourcing or web design.
02
Read the documents The main contract, SLA, service description, licence terms or transition plan show which contract type applies.
03
Review the contract We review services, rights, remuneration, liability and contract termination and propose changes.
How do you recognise the contract type?
- 1
Main contract, SLA and DPA A service level agreement (SLA) describes the agreed service quality, such as availability and response times. A data processing agreement (DPA) regulates the processing of personal data on behalf. Together with recurring usage fees, such documents are, in our experience, usually found in SaaS and IT operations.
- 2
Specification and acceptance A statement of work (SOW), a specification or a backlog describes the development tasks. Together with change requests, test cases and acceptance protocols, this indicates a software development project.
- 3
Licence terms and metrics An end user licence agreement (EULA), an order form and details of users, devices or computing power concern the licence scope. The actual planned use, affiliated companies and possible additional licensing are important.
- 4
Transition plan and change A transition plan, provisions on cooperation and a return or exit concept indicate outsourcing. It must be checked who takes on which tasks and how operations can continue when the contract ends.
How long does it take? We complete most work steps within a few working days. How quickly it goes depends on the scope and your feedback. Do you have a fixed date, such as a launch? Tell us right away in your enquiry and we will plan for it.
Your project
Which service do you need?
Service package: IT and software contracts
Software from the cloud You use software continuously over the internet. Availability, customer service, data protection, prices and data export are important.
Custom development An application is created or adapted for you. Functions, deadlines, remuneration, acceptance and rights of use need to be clarified.
Maintenance and support Software is to be maintained and supported in the event of faults. You need specific service hours, response times and responsibilities.
Use and licences Who may use the software where, for how long and to what extent? This includes group use and licence audits.
Outsourcing of IT operations A service provider takes over IT tasks. Responsibilities, control rights, handover and a later change of provider need to be clarified.
Several services A project combines development, hosting and support. Scope of services and responsibilities should be fixed for each part.
- For whom
- Customers and providers of IT services
- First response
- within 24 hours on working days
- Costs
- We tell you the costs transparently before you instruct us.
- Not included
- Technical assessment of software. On request.
Who delivers what and who decides
- Draft contract with annexes
- Offer and service description
- Your role in the project
- Upcoming deadlines
- Classification of the contract type
- Contract review
- Drafting and negotiation
- Representation in disputes on request
- You decide on conclusion and changes
- In a dispute, the court
How does the engagement work?
- 1
First assessment You describe your project using the form. We assess where you stand. The first contact is free of charge.
- 2
Offer Before work begins, we tell you the scope and costs transparently.
- 3
Court steps separately We agree court proceedings separately if you wish.
Contract types
Which IT and software contracts are there?
Six contract types compared with their key review points.
| Area | Contract | What for | Review points |
|---|---|---|---|
| SaaS / cloud | SaaS contract review | Ongoing use of cloud software with terms of use, service agreements and data protection documents. | Availability, customer service, price changes, data protection, data export and change of provider. |
| Project / custom software | Software development contract | Development or adaptation of apps, platforms, interfaces and custom business software. | Service description, cooperation, changes, remuneration, tests, acceptance, source code and rights of use. |
| Operations / service | Maintenance contract and SLA | Maintenance, bug fixing and support of software and agreed service quality in ongoing operations. | Service hours, fault classes, response and resolution times, updates, remote access and escalation. |
| Licence / use | Software licence agreement review | Use and transfer of software, including within a group or as part of your own products. | User group, scope of use, modification, sublicensing, licence audits and possible back payments. |
| Outsourcing / IT service provider | IT outsourcing contract | Takeover of IT functions or operational tasks by an external service provider. | Transition plan, responsibilities, control rights, subcontractors, liability and retransfer of operations. |
| Website / agency | Web design contract | Website, relaunch and shop projects with design, content, CMS setup and technical implementation. | Agency services, approvals, acceptance, rights to design and content, access credentials and handover. |
Typical situations
When does a contract review make sense?
Four points in time at which companies contact us.
Services and obligations are still unclear. The draft is available, but functions, scope of use, prices or responsibilities are not clearly described. Before conclusion, we also review liability, term and termination.
Requirements, deadlines or costs change. Additional functions, late deliveries or unclear support lead to discussions. The contract, change agreements and project communication show what was agreed.
Today's use no longer fits the contract. New user groups, additional modules or a change of provider may require adjustments. Check price changes, renewal deadlines and data export in good time.
Services, payment or contract termination are disputed. In the case of defects, lack of support, licence audits or refused acceptance, the agreed obligations and their proof are what count. Deadlines and declarations already made are part of the review.
Important contract questions
What should be expressly regulated?
Depending on the service, these questions are added.
- SaaS and cloud What availability is promised? How do prices and functions change? How do you get your data back when the contract ends?
Software development What is delivered by when? How are changes and acceptance regulated? Which rights and which source code do you receive?Software licences Who may use, modify or transfer the software? How is use measured? Which rules apply to licence audits?
Maintenance and support When is the service reachable? When must it respond and fix faults? Which updates and security measures are included?IT outsourcing Who takes on which tasks? How are subcontractors and performance controlled? How does the change to another provider work?Web design Which pages, functions and content are owed? Who approves drafts? Which rights, files and access credentials are handed over?
Further legal questions
Which legal questions depend on the IT contract?
Data protection, rights of use and digital business models.
Advice on IT projects, software, IT service providers and disputes.
Rights of use, sublicences, third-party rights and evidence of the chain of title.
Processing of personal data on behalf, access for bug fixing and sub-processors.
Licence obligations, copyleft, licence notices and software components used.
Legal questions on online shops, platforms and digital distribution.
Website creation, relaunch, agency services and handover.
Legal framework
Which rules apply to IT and software contracts?
The German Civil Code (BGB) has no specific IT contract. Depending on the service, the rules of the law on sales, rental, service or work contracts apply, for work contracts, for example, acceptance under Section 640 BGB. Statutory warranty rights must be distinguished from agreed service levels.
Rights of use in software are governed by Sections 69a et seq. UrhG. If a service provider processes personal data on behalf, Art. 28 GDPR requires a data processing agreement.
- Section 640 BGB Acceptance under a work contract.
- Section 69c UrhG Acts requiring consent in relation to software.
- Art. 28 GDPR Data processing on behalf.
Limits
What does the classification not cover?
We review the contract and documents. Some points remain with you.
- 1
No technical review Whether software is actually defective is clarified by an expert in a dispute.
- 2
Deadlines keep running You must keep track of termination and renewal deadlines yourself until we are instructed.
- 3
Negotiation takes time The closer the signing, the less room remains for changes.
Which documents help with the contract review?
- Draft contract, offer, service description, terms and conditions and price sheet.
- Annexes on service and data protection.
- For ongoing projects, change agreements, acceptance documents and important correspondence.
- Your role, the planned use and upcoming deadlines.
Your contact
Lawyer and mediator · Partner · Specialist lawyer for IT law · Specialist lawyer for copyright and media law
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
TOP lawyer 2027 · Business lawyers · Intellectual property
F.A.Z.-Institut and QuantiQuest. Based on recommendations from peers and assessments by in-house counsel. Source (opens in a new tab)
ReviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.
What clients say
5,0 von 5 · 71 Bewertungen auf anwalt.dePeriod: October 2018 to date · As of: 28 October 2026
“Very good and comprehensive expert advice! Mr Bohne took time for us and explained the legal situation very clearly. We can only warmly recommend Mr Bohne and his firm. We have found the IT and media law expert we trust here.” (translated from German)
“I can recommend the firm without reservation. Mr Bohne in particular helped me quickly, competently and uncomplicatedly with my legal matter. I felt ideally looked after at all times. Many thanks for that!” (translated from German)
“I would particularly like to thank Mr Jean-Paul P. Bohne for his extremely fast response and support in a very delicate situation for me. A lawyer who was not only competent but also understanding and helpful.” (translated from German)
FAQ
What do companies ask about IT contracts?
What distinguishes an IT contract from a software contract?
IT contract is the broader term and covers, for example, software, IT operations, support and outsourcing. A software contract concerns in particular the provision, development, use or maintenance of software. Which rights and obligations apply depends on the services specifically agreed.
What is important in a SaaS contract?
With software as a service (SaaS), software is provided continuously over the internet. Scope of services, availability, customer service, prices, data protection, termination and data export are important. If there is processing on behalf, the data protection agreements are also part of the review.
When do I need a software development contract?
When software is created or individually adapted for your project. Requirements, deadlines, cooperation, changes, remuneration, tests, acceptance where applicable, rights to the result and access to the source code must be regulated.
Are maintenance and support automatically included?
A software contract does not automatically include every desired maintenance service. It must be checked which services are agreed and which statutory obligations exist. Service hours, response times, bug fixing and updates should be described specifically. Statutory warranty rights must be distinguished from these.
What does a software licence agreement regulate?
It determines who may use the software, to what extent and for how long. Depending on the project, provisions on group use, modification, transfer, sublicensing and licence audits are added.
What applies when development, hosting and support come together?
The individual services should be described with their responsibilities and conditions. Consistent provisions on remuneration, rights of use, breaches of performance and contract termination are important. If there are several contracts or annexes, their order of precedence must also be clarified.
What documents should we provide for the review?
Helpful are the draft contract, offer, service description, terms and conditions, price sheet and annexes on service and data protection. For ongoing projects, change agreements, acceptance documents and important correspondence are added.
Next step
Would you like your IT contract reviewed?
Do you want to conclude a contract, change existing agreements or resolve a dispute? ITMR supports you in reviewing, drafting and negotiating your IT and software contracts. Your contacts are Andreas Buchholz and Jean Paul Bohne with their team. Both are specialist lawyers for IT law.
Helpful for your enquiry
- Short description of the project
- Your role
- Upcoming deadlines
- Contract including annexes
You can also submit documents after our first response.
Have your IT contract reviewed
Briefly describe the project, your role and deadlines. We classify the contract case.
Have the contract including its annexes ready.
Related services
Review a SaaS contract Cloud software and SLA.Software development contract Custom software and acceptance.Maintenance contract and SLA Operations and service quality.Review software licence agreements Use and licence audits.IT-Outsourcing-Vertrag Outsourcing of IT operations.Web design contract Website and agency.IT-Recht IT law overview.NDA and trade secret protection Agree confidentiality.
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