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I am a web developer and have a contract for client based projects that has been improved over years and many projects.

However after reading it this month I think that upgrading the section that protects me from security breaches from nefarious activity should be upgraded and written with standards from the legal industry.

As per the comment by PatW: The question is more clearly defined as "what legal verbiage should be included in the section of a software development contract to fully protect a developer against hacks, security breaches or any nefarious activity?" Any terms, language or examples are appreciated.

Here is an excerpt as example:

Security and Data Protection

Web Designer is not responsible for the security of any and all web, data, code and digital information. Client acknowledges that no security components in whole or in part have been negotiated to fulfill and that only the most basic security precaution, one password protected login page, will be applied to said web project. All other cyber security practices are out of scope of this contract and all of its attached documents. Client acknowledges that nefarious users will attack said web project and that this form of activity is commonplace within the online space. Client acknowledges that Web Designer holds no responsibility for such actions of these individuals being persons or software (bots).

Client acknowledges that Web Designer is not responsible for any and all backup, security, administration and health of data and files. And that no party has been defined as responsible for the web project's data status, regular backups, storage or datable health of any kind during or after contractual agreements are fulfilled.

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    Since we do legal information rather than legal advice on the site, I'm guessing you'll get a better response if you ask people for the general elements that ought to appear instead of for a language review. Maybe you could include the text as an example? – Pat W. Nov 18 '15 at 15:34
  • @PatW. Yes, good catch. It is included to show effort and that it is not a first draft. However it may be missing critical verbiage in regards to a proper defense for a developer and nefarious activity against their product. – Ben Racicot Nov 18 '15 at 19:08
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    You don't have a hold harmless and defend/indemnify clause? Is this the extent? If so, let me know and I'll give you standard language when I get home. – gracey209 Nov 18 '15 at 19:50
  • You will not get many jobs if you will not take responsibility for the security of any and all web, data, code and digital information. If I hire you, I expect that as a minimum. You may want to rephrase that to apply AFTER you have delivered the product, but while you are employed in developing it, you will have access to information and assets that you must protect. – Mohair Nov 18 '15 at 19:56
  • @Mohair I understand, however this isn't about client gathering its about legal language to protect a developer in a contract. During the contract a developer has nothing to do with the client's data only developmental data and therefore is not responsible for any and all company data inside or out of the project. – Ben Racicot Nov 18 '15 at 20:48

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