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Software Maintenance Contract
1. Parties: Identification of the contracting parties - the maintenance service provider and the customer
2. Background: Context of the agreement, including reference to the software being maintained and any related agreements
3. Definitions: Definitions of technical terms, service levels, and other key concepts used in the agreement
4. Scope of Services: Detailed description of maintenance services, including preventive and corrective maintenance
5. Service Provider's Obligations: Core responsibilities of the service provider, including response times and maintenance standards
6. Customer's Obligations: Customer responsibilities, including access provision and cooperation requirements
7. Service Levels: Specific performance standards, metrics, and measurement methods
8. Fees and Payment: Pricing structure, payment terms, and any variable costs
9. Term and Termination: Contract duration, renewal terms, and termination provisions
10. Intellectual Property Rights: Rights regarding maintenance outputs and modifications to the software
11. Data Protection: GDPR compliance and data handling requirements
12. Confidentiality: Protection of confidential information exchanged during maintenance
13. Liability and Indemnification: Allocation of risks and liability limitations
14. Force Majeure: Provisions for handling events beyond reasonable control
15. Governing Law and Jurisdiction: Confirmation of Danish law application and dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Change Management: Procedures for requesting and implementing changes to maintenance scope or services. Include when significant modifications are anticipated
2. Disaster Recovery: Specific procedures for system recovery after major incidents. Include for business-critical systems
3. Security Requirements: Detailed security protocols and requirements. Include for systems handling sensitive data
4. Personnel Requirements: Specific qualifications or security clearances for maintenance staff. Include for high-security environments
5. Transition Services: Provisions for handover to new providers. Include for complex systems or critical services
6. Insurance Requirements: Specific insurance coverage requirements. Include for high-value or high-risk systems
7. Audit Rights: Customer's rights to audit maintenance activities. Include for regulated industries or critical systems
8. Environmental Compliance: Environmental standards and requirements. Include if maintenance involves hardware or physical infrastructure
1. Schedule 1 - Service Level Agreement: Detailed service levels, response times, and performance metrics
2. Schedule 2 - Maintenance Services Specification: Technical details of maintenance services, including preventive and corrective maintenance procedures
3. Schedule 3 - Fee Schedule: Detailed pricing, including base fees and variable costs
4. Schedule 4 - Supported Software: List of software components covered by the maintenance agreement
5. Schedule 5 - Contact Details and Escalation Procedures: Key contacts and procedures for issue escalation
6. Schedule 6 - Change Request Template: Standard form for requesting changes to maintenance services
7. Appendix A - Technical Environment Specification: Description of the technical environment where maintenance is performed
8. Appendix B - Security Requirements: Detailed security protocols and requirements
9. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms and conditions
Authors
Acceptance Criteria
Business Day
Business Hours
Change Request
Confidential Information
Critical Error
Customer Data
Customer Environment
Defect
Documentation
Emergency Maintenance
Enhancements
Error
Fees
Force Majeure Event
Good Industry Practice
Incident
Intellectual Property Rights
Maintenance Services
Maintenance Window
Major Release
Minor Release
Normal Business Hours
Patch
Personal Data
Planned Maintenance
Priority Levels
Response Time
Resolution Time
Service Credits
Service Levels
Service Provider Personnel
Software
Software Updates
Source Code
Specifications
Supported Environment
System
Technical Environment
Term
Third-Party Software
Upgrades
Urgent Maintenance
User
Virus
Vulnerability
Workaround
Services Scope
Service Levels
Performance Standards
Maintenance Windows
Change Management
Payment Terms
Service Credits
Technical Support
Response Times
Error Classification
Updates and Upgrades
Customer Obligations
Provider Obligations
Access Rights
Documentation
Personnel
Subcontracting
Intellectual Property
Data Protection
Confidentiality
Security Requirements
Audit Rights
Warranties
Liability
Indemnification
Force Majeure
Insurance
Term and Termination
Exit Management
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Anti-Corruption
Compliance with Laws
Data Processing
Disaster Recovery
Business Continuity
Reporting
Acceptance Testing
Quality Assurance
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