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Software Maintenance Agreement

Key points and template

In Cooperation With

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.