Software Maintenance Agreement (Master Agreement)

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On this page, we provide you with an overview of the most important aspects of a Software Maintenance Agreement (Master Agreement) in Switzerland, including the elements to be taken into account when drafting the contract.

You will then be provided with a legally compliant template of a Software Maintenance Agreement (Master Agreement)  under Swiss law. The template was created in collaboration with Swico and swissICT.

Use this Software Maintenance Agreement (Master Agreement) if…

… you offer maintenance services as a service provider and would like to set out the contractual framework

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

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

Key Points Included in this Software Maintenance Agreement (Master Agreement)

What is a Software Maintenance Agreement (Master Agreement) ?

This maintenance agreement sets out the contractual framework between the provider and the customer (“framework agreement”).

The detailed services are to be specified in a maintenance annex. The maintenance annex thus includes specific provisions regarding the maintenance performances and the corresponding remuneration. It can also be attached to this maintenance agreement.

To have a framework agreement separate from the specific maintenance annex is efficient, because at a later point the parties can agree on the maintenance of another software and the respective services without having to renegotiate the framework agreement. Furthermore, the maintenance annex can be terminated without also terminating the framework agreement.

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