Software Maintenance Agreement Template for Indonesia

The Software Maintenance Agreement is essential for businesses operating in Indonesia that rely on software systems and require ongoing maintenance and support. This document becomes necessary after the initial software implementation or purchase, establishing the framework for continued technical support, updates, and system optimization. It is designed to comply with Indonesian regulations, particularly the ITE Law and related electronic transaction regulations, while addressing practical aspects of software maintenance. The agreement typically follows software license or purchase agreements and should be customized based on the specific software system, industry requirements, and scope of maintenance services needed. The Software Maintenance Agreement is particularly crucial in ensuring system reliability, security compliance, and operational continuity while providing clear guidelines for both service providers and clients regarding their rights, obligations, and service expectations.

1. Parties: Identification of the service provider and the client, including their legal status and registered addresses

2. Background: Context of the agreement, including reference to the original software purchase/license and the need for maintenance services

3. Definitions: Detailed definitions of technical terms, service levels, and other key concepts used throughout the agreement

4. Scope of Services: Detailed description of maintenance services, including bug fixes, updates, and technical support

5. Service Level Requirements: Specific performance metrics, response times, and service availability commitments

6. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

7. Fees and Payment Terms: Maintenance fees, payment schedule, and any additional charges

8. Client Responsibilities: Client's obligations in facilitating maintenance services and providing necessary access

9. Intellectual Property Rights: Ownership and rights related to any modifications, updates, or new features

10. Confidentiality: Protection of confidential information exchanged during service provision

11. Limitation of Liability: Limits on liability and disclaimers in accordance with Indonesian law

12. Force Majeure: Provisions for circumstances beyond reasonable control

13. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution procedures

14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement