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A family of Software maintenance agreementsdocumentsSoftware maintenance agreements

These software maintenance agreements are designed for use in circumstances where a software vendor will provide maintenance services with respect to its own software. Each agreement differentiates between minor updates and major software upgrades. A service level agreement attached as a schedule contains detailed provisions concerning when and how the software will be updated or upgraded.

Free software maintenance agreement

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Version 1.1
First published 1 Sep 2016
Last updated 23 Sep 2018
Word count 5,026
Template pages 11

Software maintenance agreement (basic)

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£22.00

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22

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Version 1.1
First published 1 Sep 2016
Last updated 23 Sep 2018
Word count 4,914
Template pages 11

Software maintenance agreement (standard)

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£34.00

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34

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Version 1.2
First published 1 Sep 2016
Last updated 3 Nov 2018
Word count 7,739
Template pages 18

Software maintenance agreement (premium)

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£44.00

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44

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Version 2.1
First published 1 Sep 2016
Last updated 23 Sep 2018
Word count 11,254
Template pages 24

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Free software maintenance agreement contents

  1. Definitions: definitions.
  2. Credit: docular credit; free documents licensing warning.
  3. Term: commencement of term; end of term.
  4. Maintenance Services: maintenance services provision; standard of maintenance services; maintenance services in accordance with SLA; suspension of maintenance services.
  5. Customer
    obligations:
    general second party obligations; access to computer systems.
  6. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
  7. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
  8. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  9. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss.
  10. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  11. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  12. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
  13. Notices: methods and deemed receipt of contractual notices; contact details for contractual notices; substitute contact details for notices.
  14. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  15. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  16. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (SOFTWARE PARTICULARS)

  1. Identification of Software: identification of software prompt.
  2. Financial provisions: financial provisions prompt.

SCHEDULE 2 (MAINTENANCE SLA)

  1. Introduction: introduction to maintenance SLA.
  2. Updates: notice of software updates; provision of software updates; application of software updates; provision and application of software updates; consequences of not applying software update.
  3. Upgrades: upgrade release roadmap; obligation to release upgrades; notice of software upgrades; provision of software upgrades; application of software upgrades; provision and application of software upgrades; consequences of not applying software upgrade.

Software maintenance agreement (basic) contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term.
  3. Maintenance Services: maintenance services provision; standard of maintenance services; maintenance services in accordance with SLA; suspension of maintenance services.
  4. Customer
    obligations:
    general second party obligations; access to computer systems.
  5. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
  6. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
  7. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  8. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss.
  9. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  10. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  11. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
  12. Notices: methods and deemed receipt of contractual notices; contact details for contractual notices; substitute contact details for notices.
  13. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  14. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  15. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (SOFTWARE PARTICULARS)

  1. Identification of Software: identification of software prompt.
  2. Financial provisions: financial provisions prompt.

SCHEDULE 2 (MAINTENANCE SLA)

  1. Introduction: introduction to maintenance SLA.
  2. Updates: notice of software updates; provision of software updates; application of software updates; provision and application of software updates; consequences of not applying software update.
  3. Upgrades: upgrade release roadmap; obligation to release upgrades; notice of software upgrades; provision of software upgrades; application of software upgrades; provision and application of software upgrades; consequences of not applying software upgrade.