Software Maintenance Contract Template

Software Maintenance Agreement

TR.MAINT.02

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.

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
2. Term
3. Fees and Payment
4. Services
5. Client’s Obligations
6. Service Provider’s Obligations
7. Warranty
8. Liability
9. Termination
10. Confidentiality
11. Notices
12. Relationship of Parties
13. Assignment
14. Force Majeure
15. Severance
16. Entire Agreement
17. No Waiver
18. Non-Exclusivity
19. [Dispute Resolution (ADR and Arbitration)]
20. Law and Jurisdiction

and the following schedules:
1. Software
2. Sites

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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