The Software Maintenance Agreement is essential for businesses requiring ongoing software support and maintenance services in Australia. This document is typically used when a customer has licensed or purchased software and requires continued maintenance, updates, and technical support from the service provider. The agreement details the scope of maintenance services, service levels, response times, and fee structures while ensuring compliance with Australian legislation, including the Competition and Consumer Act 2010, Privacy Act 1988, and Electronic Transactions Act 1999. It's particularly important for establishing clear responsibilities, performance metrics, and liability limitations between the maintenance provider and the customer organization.
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1. Parties: Identification of the service provider and customer, including registered addresses and company details
2. Background: Context of the agreement, including reference to the original software license or purchase
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services: Detailed description of maintenance services to be provided, including updates, patches, and bug fixes
5. Service Provider Obligations: Key responsibilities and commitments of the maintenance provider
6. Customer Obligations: Customer responsibilities, including access provision and cooperation requirements
7. Service Levels: Performance standards, response times, and resolution timeframes
8. Fees and Payment: Maintenance fees, payment terms, and any additional charges
9. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
10. Intellectual Property: Ownership and rights related to maintenance updates and modifications
11. Confidentiality: Protection of confidential information exchanged during maintenance
12. Liability and Indemnities: Limitation of liability and indemnification provisions
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Change Control: Procedures for requesting and implementing changes to the maintenance services - include when significant modifications might be needed
2. Disaster Recovery: Disaster recovery and business continuity provisions - include for business-critical software
3. Security Requirements: Specific security protocols and compliance requirements - include for sensitive data or regulated industries
4. Audit Rights: Rights to audit service provider's performance and compliance - include for regulated industries or high-value contracts
5. Service Credits: Financial compensation for service level failures - include for high-availability requirements
6. Third-Party Products: Handling of third-party software components - include when third-party software is part of the maintenance scope
7. Data Protection: Specific data protection and privacy requirements - include when personal data is processed
8. Export Control: Export control compliance - include for international service provision
1. Schedule 1 - Service Level Agreement: Detailed service levels, measurement methods, and reporting requirements
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including base maintenance fees and additional service charges
3. Schedule 3 - Supported Software: List of software products and versions covered by the maintenance agreement
4. Schedule 4 - Technical Support Procedures: Detailed procedures for requesting and receiving technical support
5. Schedule 5 - Contact Details: Key contacts for both parties, including escalation procedures
6. Schedule 6 - Service Reports: Templates and requirements for service reporting
7. Appendix A - Incident Classification: Definitions and examples of incident priority levels
8. Appendix B - Change Request Template: Standard format for submitting and documenting change requests
Relevant legal definitions
Acceptance Criteria
Authorized Users
Business Day
Business Hours
Change Request
Confidential Information
Critical Error
Customer Data
Customer Environment
Documentation
Emergency Maintenance
Enhancement
Error
Excluded Services
Force Majeure Event
Help Desk
Incident
Initial Term
Intellectual Property Rights
Maintenance Fees
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Patch
Personal Information
Priority Levels
Response Time
Resolution Time
Scheduled Maintenance
Service Credits
Service Levels
Service Level Agreement
Software
Source Code
Specifications
Support Request
Supported Environment
System
Term
Third-Party Software
Update
Upgrade
Virus
Workaround
Authorized Users
Business Day
Business Hours
Change Request
Confidential Information
Critical Error
Customer Data
Customer Environment
Documentation
Emergency Maintenance
Enhancement
Error
Excluded Services
Force Majeure Event
Help Desk
Incident
Initial Term
Intellectual Property Rights
Maintenance Fees
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Patch
Personal Information
Priority Levels
Response Time
Resolution Time
Scheduled Maintenance
Service Credits
Service Levels
Service Level Agreement
Software
Source Code
Specifications
Support Request
Supported Environment
System
Term
Third-Party Software
Update
Upgrade
Virus
Workaround
Clauses
Interpretation
Definitions
Service Provision
Service Levels
Performance Standards
Response Times
Support Services
Maintenance Windows
Change Management
Customer Obligations
Provider Obligations
Access Rights
Documentation
Personnel
Payment Terms
Fee Adjustment
Service Credits
Intellectual Property
Data Protection
Privacy
Confidentiality
Security Requirements
Audit Rights
Reporting
Records Maintenance
Business Continuity
Disaster Recovery
Force Majeure
Liability
Indemnification
Insurance
Term
Termination
Exit Assistance
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Waiver
Third Party Rights
Counterparts
Definitions
Service Provision
Service Levels
Performance Standards
Response Times
Support Services
Maintenance Windows
Change Management
Customer Obligations
Provider Obligations
Access Rights
Documentation
Personnel
Payment Terms
Fee Adjustment
Service Credits
Intellectual Property
Data Protection
Privacy
Confidentiality
Security Requirements
Audit Rights
Reporting
Records Maintenance
Business Continuity
Disaster Recovery
Force Majeure
Liability
Indemnification
Insurance
Term
Termination
Exit Assistance
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Waiver
Third Party Rights
Counterparts
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Operations
Service Delivery
Information Security
Vendor Management
Risk Management
Compliance
Finance
Relevant Roles
Chief Information Officer
IT Director
Software Development Manager
Procurement Manager
Legal Counsel
Contract Manager
Technical Support Manager
Service Delivery Manager
IT Operations Manager
Chief Technology Officer
Vendor Management Lead
Information Security Officer
Business Relationship Manager
Applications Manager
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