Software Maintenance Agreement
This Software Maintenance Agreement is designed for use by businesses
providing computer software maintenance services to other businesses. It is
not suitable for provision of services to a consumer, i.e. an individual
who receives services for his/her personal use and for purposes wholly or
mainly outside his/her or another’s business.
If you wish to use this document in a scenario that involves personal data,
standard clauses for data protection and data processing
are available in our
GDPR & Data Protection Group.
Under this template, the service provider carries out tasks ranging from
the installation of new software to remedying faults (where permitted by
software licenses) and carrying out regular preventative maintenance
(including upgrades and compatibility checks). Details are also provided in
this template as to what the service provider will not cover.
This document is not written with hardware services in mind. Maintenance
agreements dealing with hardware are also available.
This Software Maintenance Agreement contains the following clauses:
1. Definitions and Interpretation
3. Fees and Payment
5. Client’s Obligations
6. Service Provider’s Obligations
12. Relationship of Parties
14. Force Majeure
16. Entire Agreement
17. No Waiver
19. [Dispute Resolution (ADR and Arbitration)]
20. Law and Jurisdiction
and the following schedules:
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the agreement.
This document is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
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