Software Maintenance Agreement Template for Switzerland

A Software Maintenance Agreement sets out the terms for ongoing technical support, updates, and bug fixes after you've purchased software. In Switzerland, these contracts typically outline how the software provider will maintain system functionality, implement security patches, and resolve technical issues under the Swiss Code of Obligations.

The agreement specifies response times for different problem levels, maintenance schedules, and costs for additional services. Swiss businesses rely on these agreements to ensure their critical software systems stay current and secure, while protecting both parties through clear service standards and liability limits. It's especially important for companies handling sensitive data under Swiss privacy laws.

Put a Software Maintenance Agreement in place before deploying any business-critical software in your Swiss organization. This is especially crucial when purchasing enterprise systems, customer-facing applications, or solutions that handle sensitive data under Swiss privacy regulations.

The right time to negotiate this agreement is during the initial software purchase - not after problems arise. Swiss companies need these agreements when running systems that require regular updates, security patches, or technical support. They're particularly valuable for regulated industries like banking and healthcare, where system reliability and data protection carry legal obligations.

• Basic Maintenance: Standard Software Maintenance Agreements cover routine updates, bug fixes, and basic technical support within Swiss business hours. Perfect for small businesses with simple software needs.
• Premium Support: Enhanced agreements offering 24/7 support, faster response times, and dedicated technical resources. Common in Swiss banking and healthcare sectors.
• Custom Development: Includes modification rights and source code access, allowing Swiss companies to adapt software for specific business needs while maintaining compliance.
• Enterprise-Wide: Comprehensive agreements covering multiple software products across different departments, with tiered support levels and specialized security provisions.

• Software Vendors: Create and offer maintenance agreements to Swiss clients, outlining support services, update schedules, and technical specifications.
• Corporate IT Departments: Review and manage these agreements, ensuring they meet company security and compliance requirements.
• Legal Teams: Draft and negotiate terms that align with Swiss contract law and data protection regulations.
• System Administrators: Handle day-to-day implementation of the agreement, coordinating with vendors for updates and support.
• Compliance Officers: Monitor adherence to maintenance agreements, especially in regulated Swiss industries like banking and healthcare.

• Software Details: Document the exact systems covered, including version numbers and deployment locations.
• Service Levels: Define response times, support hours, and maintenance windows that align with Swiss business practices.
• Data Protection: Outline security measures and compliance with Swiss data protection laws, especially for sensitive information.
• Cost Structure: Specify maintenance fees, payment schedules, and any additional service charges in Swiss Francs.
• Technical Requirements: List infrastructure needs, system access protocols, and backup procedures.
• Performance Metrics: Establish clear uptime guarantees, quality standards, and reporting requirements.

• Party Identification: Full legal names and addresses of software provider and client under Swiss law.
• Service Description: Detailed scope of maintenance services, update schedules, and support levels.
• Data Protection: Compliance statements with Swiss Federal Act on Data Protection requirements.
• Service Levels: Response times, availability guarantees, and performance metrics.
• Payment Terms: Fee structure, billing cycles, and currency specifications in CHF.
• Liability Limits: Damage caps and exclusions according to Swiss Code of Obligations.
• Termination Rights: Clear conditions for contract ending and data handling procedures.

A Software Maintenance Agreement differs significantly from a Software Development Agreement in both scope and purpose under Swiss law. While maintenance focuses on keeping existing software running smoothly, development agreements cover the creation of new software solutions.

• Service Focus: Maintenance agreements deal with updates, bug fixes, and ongoing support, while development agreements outline specifications, milestones, and deliverables for new software.
• Duration and Payment: Maintenance typically involves recurring fees for continuous service, whereas development agreements often use milestone-based payments for specific deliverables.
• Intellectual Property: Development agreements emphasize IP rights for new code, while maintenance agreements focus on usage rights and access permissions.
• Risk Allocation: Development carries higher risks around project completion and functionality, while maintenance primarily concerns system reliability and response times.