Software Maintenance Agreement

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On this page, we provide you with an overview of the most important aspects of a software maintenance 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 under Swiss law. The template was created in collaboration with Swico and swissICT.

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

Key Points Included in this Software Maintenance Agreement

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 fulfil its intended purpose. The software – whether system or application software – is usually standard. For the maintenance of customised 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.

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