Software Maintenance Agreement Template for Netherlands

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Key Requirements PROMPT example:

Software Maintenance Agreement

"I need a Software Maintenance Agreement for enterprise-level CRM software maintenance services, with 24/7 support requirements and strict SLAs for financial services compliance, starting March 1, 2025."

Document background

This Software Maintenance Agreement template is designed for use under Dutch law when establishing a formal relationship between a software provider and a customer for ongoing software maintenance services. It should be used after the initial software license or purchase agreement is in place, or alongside it, when continuous maintenance and support services are required. The agreement covers essential aspects such as service scope, response times, update procedures, and fee structures, while ensuring compliance with Dutch legal requirements including the Burgerlijk Wetboek and GDPR/AVG regulations. This document is particularly important in enterprise software deployments where system reliability and continuous support are critical for business operations. It includes provisions for service levels, escalation procedures, and performance metrics, making it suitable for both straightforward maintenance arrangements and complex enterprise software support scenarios.

Suggested Sections

1. Parties: Identification of the service provider and customer, including full legal names and registered addresses

2. Background: Context of the agreement, including reference to any related software license or purchase agreements

3. Definitions: Definitions of key terms used throughout the agreement, including technical terminology

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's responsibilities, including providing access, information, and maintaining supported environment

7. Service Levels: Response times, resolution times, and service availability commitments

8. Fees and Payment: Maintenance fees, payment terms, and any additional charges

9. Term and Termination: Duration of the agreement, renewal terms, and termination rights

10. Intellectual Property Rights: ownership and licensing of any modifications or updates

11. Confidentiality: Protection of confidential information exchanged during maintenance activities

12. Data Protection: GDPR compliance and data processing terms

13. Liability and Indemnification: Limitations of liability and indemnification obligations

14. Force Majeure: Provisions for circumstances beyond reasonable control

15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

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

2. Disaster Recovery: Include when maintenance includes backup and recovery services

3. Security Requirements: Specific security measures and compliance requirements, particularly relevant for sensitive industries

4. Training Services: Include when the provider offers training on updates or new features

5. Transition Services: Include when specific provisions are needed for transition at the start or end of the agreement

6. Third-Party Software: Include when maintenance involves third-party software components

7. Hardware Maintenance: Include when hardware maintenance is part of the service scope

8. Service Credits: Include when financial penalties apply for missing service levels

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed service levels, measurement methods, and reporting requirements

2. Schedule 2 - Maintenance Services Description: Detailed technical description of maintenance services and procedures

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, including any variable charges

4. Schedule 4 - Supported Software: List of software versions and components covered by maintenance

5. Schedule 5 - Contact Details and Escalation Procedure: Key contacts and escalation hierarchy for both parties

6. Schedule 6 - Service Level Credits: Calculation and application of service credits for missed SLAs

7. Appendix A - Technical Environment Requirements: Specifications for the supported technical environment

8. Appendix B - Change Request Template: Standard form for requesting changes to maintenance services

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

Transportation

Energy

Media and Entertainment

Insurance

Banking

Relevant Teams

Legal

Information Technology

Procurement

Operations

Software Development

Service Delivery

Compliance

Risk Management

Vendor Management

Technical Support

Contract Administration

Information Security

Relevant Roles

Chief Information Officer

IT Director

Software Development Manager

Legal Counsel

Procurement Manager

Contract Manager

IT Service Manager

Chief Technology Officer

Software Support Manager

Technical Account Manager

Operations Director

Risk Manager

Compliance Officer

Service Delivery Manager

IT Infrastructure Manager

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Let's create your Software Maintenance Agreement

Authors

Alex Denne

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