Maintenance and Support Agreement (Drafting)

Under this agreement, the maintenance services are provided in relation to specific, identified software. Maintenance services are defined to cover the supply and/or application of upgrades and updates to the software being maintained. The service provider is expected to provide the services to a defined standard (e.g. with reasonable care and skill) and may be given the right to suspend the services in the event of non-payment by the customer.More detail about the manner in which the maintenance services are to be provided is contained in service level schedule. Full details of support services provided in relation to the software is to be provided in the agreement.Terms and conditions, including the events which will lead to termination of the agreement shall be mentioned in the maintenance and service support agreement.

That schedule covers such matters as the regularity of upgrades,the manner of supply/application of updates and upgrades, the giving of advanced notice in relation to the release of updates and upgrades, and the consequences of the customer refusing to apply or have applied to the software the updates and upgrades. The customer may be obliged to co-operate with the service provider in general terms, and also may be required to give to the service provider such access to its computer systems as is necessary for the performance of the maintenance services. In addition to these maintenance-specific clauses, the template also includes clauses covering charges, payments, and warranties, limitations of liability, force majeure, termination, notices, interpretation and general boilerplate matters.

 

Features of Maintenance and Support:

 

1. Included Support Services:full details of support services provided in relation to the software is to be provided in the agreement.

 

2. Hours of Availability:the timing or the hours during which maintenance and support service will be available should be mentioned in the maintenance and support service agreement

 

3. Response Time:the time taken by the service provider to respond to any mishaps shall also be contemplated in the maintenance and support service agreement.

 

4. Term and Termination:Terms and conditions, including the events which will lead to termination of the agreement shall be mentioned in the maintenance and service support agreement.

 

5. Fees: the fees which will be charged by the service provider shall also be stated specifically under the agreement.

 

6. Liabilities:Liabilities of both the parties in relation to anything arising from the agreement shall be mentioned under a separate clause, this also includes limited liabilities of the parties.

Documents Required

FAQ

The core maintenance services covered in software maintenance agreement are the provision and/or application of software updates and upgrades. The details of the services themselves are set out in a service level agreement which may be attached as a schedule.

The technical meaning of maintenance involves servicing,functional checks, repairing or replacing of necessary devices, building infrastructure,equipment, machinery, and supporting utilities in industrial, business, governmental, and residential installations.

Application Maintenance and Support includes the skills and requirements for supporting application systems, including modifying, maintaining,troubleshooting and enhancing legacy systems.

An IT support contract is an agreement between two parties in which one party will provide IT—or information technology—services in exchange for payment. Contracting IT support means you will be hiring an outside service to ensure the technological aspects of your business continue to run without mishap.

Software maintenance is a vast activity which includes optimization, error correction, and deletion of discarded features and enhancement of existing features. Since these changes are necessary, a mechanism must be created for estimation, controlling and making modifications.

A common perception of maintenance is that it merely involves fixing defects.Software maintenance in software engineering is the modification of a software product after delivery to correct faults, to improve performance or other attributes.