Software Maintenance Agreement

Key points and template

In Cooperation With
Logos swissICT und Swico auf dem grauen Background
Key Points Included in This Software Maintenance Agreement
  • Swiss-wide recognized, industry-standard contractual provisions – compiled and reviewed by business associations Swico and swissICT
  • Definition of the system requirements for the use of the software.
  • A detailed description of the maintenance services and service times, including the possibility of uploading the relevant documentation (for example, a service catalog) as an attachment
  • Procedures for troubleshooting, including differentiated response times
  • Can also be created in addition to other IT model agreements such as software license agreement
Use This Software Maintenance Agreement if …

… you offer maintenance services as a service provider and need to clearly define your scope of services (help desk, support, delivery of updates, service times, etc.)

… a software product you use is to be maintained by an expert

… certain software maintenance services need to be provided as part of a software project (for example, licensing or hosting an application)

… you need a fair and industry-established contractual framework to govern your business relationship

What is a Software Maintenance Agreement?

This agreement regulates the provision of software support services. The objective of the support services is to maintain the software in a condition in which it is able to fulfill its intended purpose. The software – whether system or application software – is usually standard. For the maintenance of customized software, the conclusion of an IT-services agreement is recommended.

This agreement is often used to supplement the contractual documentation within a software project. For example, if the hosting provider of a web application also provides software maintenance services, the parties will specify these services and a corresponding remuneration in this agreement, which will be attached to the hosting agreement. Similarly, it often happens that the supplier who has entered into a software license agreement with a customer undertakes to maintain the software during the term of the license (for example, by regularly updating the latest available version). In this case, the parties often enter into a separate agreement on maintenance.

All our templates have been checked and validated by renowned Swiss lawyers. They are constantly updated according to legal practice.
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