Software Maintenance Contract for Australia

Software Maintenance Contract Template for Australia

This document is an Australian-law governed Software Maintenance Contract that establishes the terms and conditions for ongoing software maintenance and support services. It details the scope of maintenance services, service levels, response times, and performance standards, while ensuring compliance with Australian privacy, consumer protection, and electronic transactions laws. The agreement covers critical aspects such as bug fixes, updates, technical support, and system optimization, along with corresponding fee structures, liability provisions, and data protection requirements specific to the Australian legal framework.

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What is a Software Maintenance Contract?

The Software Maintenance Contract is essential for organizations requiring ongoing support and maintenance of their software systems. This agreement is designed for use in Australia and complies with relevant Australian legislation, including the Competition and Consumer Act 2010 and Privacy Act 1988. It should be used when engaging a service provider for regular software maintenance, updates, bug fixes, and technical support. The contract typically includes detailed service level agreements, response time commitments, fee structures, and clearly defined responsibilities of both parties. It's particularly important for business-critical software systems where reliability and performance are essential, and where clear accountability for maintenance and support is required.

What sections should be included in a Software Maintenance Contract?

1. Parties: Identifies and provides details of the service provider and the client

2. Background: Contextual information about the software being maintained and the purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the maintenance and support services to be provided

5. Service Provider Obligations: Specifies the responsibilities and commitments of the maintenance provider

6. Client Obligations: Outlines the client's responsibilities and requirements for enabling the services

7. Service Levels: Defines the performance standards, response times, and service quality metrics

8. Fees and Payment: Details the pricing structure, payment terms, and invoicing procedures

9. Term and Termination: Specifies the contract duration, renewal terms, and termination conditions

10. Intellectual Property: Addresses ownership and rights related to software modifications and maintenance outputs

11. Confidentiality: Protects confidential information exchanged during service delivery

12. Data Protection: Ensures compliance with privacy laws and data security requirements

13. Liability and Indemnification: Sets out liability limitations and indemnification obligations

14. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery

15. General Provisions: Contains standard legal clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Software Maintenance Contract?

1. Change Management: Procedures for requesting and implementing changes to the maintenance scope or services

2. Disaster Recovery: Specific provisions for backup and recovery services if included in maintenance scope

3. Security Requirements: Detailed security obligations when maintaining sensitive or critical systems

4. Audit Rights: Client's rights to audit service provider's performance and compliance

5. Personnel Requirements: Specific qualifications or clearances required for maintenance staff

6. Third-Party Dependencies: Management of third-party software or services affecting maintenance

7. Training Services: If training of client staff is included in the maintenance scope

8. Transition Services: Provisions for transitioning services to/from other providers

What schedules should be included in a Software Maintenance Contract?

1. Schedule 1 - Service Level Agreement: Detailed service levels, metrics, and performance standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Supported Software: List and details of software covered by maintenance services

4. Schedule 4 - Technical Requirements: Technical specifications and requirements for maintenance delivery

5. Schedule 5 - Contact Details: Key contacts and escalation procedures for both parties

6. Schedule 6 - Service Hours and Response Times: Detailed breakdown of service availability and response commitments

7. Appendix A - Change Request Form: Standard form for requesting changes to maintenance services

8. Appendix B - Incident Report Template: Standard format for reporting and tracking maintenance incidents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Service Agreement

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Government

Education

Telecommunications

Professional Services

Energy and Utilities

Transportation and Logistics

Media and Entertainment

Relevant Teams

Information Technology

Legal

Procurement

Operations

Information Security

Vendor Management

Risk Management

Finance

Compliance

Service Desk

Technical Support

Software Development

Relevant Roles

Chief Information Officer

IT Director

Software Development Manager

Technical Support Manager

Procurement Manager

Contract Manager

Legal Counsel

IT Operations Manager

Service Delivery Manager

System Administrator

IT Security Manager

Vendor Management Officer

Chief Technology Officer

IT Project Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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