On this page, we provide you with an overview of the most important aspects of a Software Maintenance Annex 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 Annex under Swiss law. The template was created in collaboration with Swico and swissICT.
… you have already set out the contractual framework for the maintenance of a software and you want to specify the scope and nature of the services (help desk, support, delivery of updates, service times, etc.)
… 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
The software maintenance annex defines the specific maintenance services and the corresponding remuneration. Thus, it supplements an existing framework agreement.
To have a framework agreement separate from the specific maintenance annex is efficient, because at a later point the parties can agree on further software maintenance services without having to renegotiate the framework agreement again. Furthermore, the maintenance annex can be terminated without also terminating the framework agreement.
The objective of the maintenance 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 customized software, the conclusion of an IT-services agreement is recommended.
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All our templates have been checked and validated by renowned Swiss lawyers. They are constantly updated according to legal practice.
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