The Software Maintenance Contract is essential for organizations requiring ongoing support and maintenance for their software systems under Austrian jurisdiction. This document is typically used when a company needs to ensure continuous functionality, security, and updates for their software applications, whether custom-developed or commercially licensed. The contract comprehensively covers maintenance services, including bug fixes, updates, security patches, and technical support, while ensuring compliance with Austrian commercial law and EU regulations. It's particularly important for establishing clear service levels, response times, and maintenance obligations while protecting both parties' interests through appropriate liability and warranty provisions. The agreement is structured to accommodate both B2B and B2C relationships, though terms may vary accordingly, and includes specific provisions required under Austrian law regarding warranties, liability limitations, and data protection.
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1. Parties: Identification of the service provider and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, identifying the software being maintained and any relevant history
3. Definitions: Key terms used throughout the agreement, including technical terminology
4. Scope of Services: Detailed description of maintenance services, including bug fixes, updates, and support
5. Service Levels: Response times, resolution times, and service availability commitments
6. Client Obligations: Client responsibilities, including providing access, information, and maintaining basic IT infrastructure
7. Fees and Payment: Maintenance fees, payment terms, and any additional charges
8. Term and Termination: Duration of the agreement, renewal terms, and termination rights
9. Intellectual Property: Rights regarding any modifications, updates, or new features
10. Warranties: Service provider's warranties regarding maintenance services
11. Liability and Indemnification: Limitations of liability and indemnification obligations conforming to Austrian law
12. Confidentiality: Protection of confidential information exchanged during maintenance
13. Force Majeure: Events excusing performance of obligations
14. General Provisions: Standard clauses including notices, amendments, assignment, and governing law
1. Data Protection: Detailed GDPR compliance provisions - required if personal data is processed
2. Disaster Recovery: Specific procedures for system recovery - recommended for business-critical software
3. Training: Provisions for training services - include if training is part of maintenance
4. Audit Rights: Client's rights to audit maintenance services - typically for regulated industries
5. Source Code Escrow: Source code escrow arrangements - important for business-critical applications
6. Security Requirements: Specific security standards and certifications - necessary for sensitive data handling
7. Subcontractors: Terms governing use of subcontractors - include if subcontractors will be used
1. Schedule 1 - Service Level Agreement: Detailed service levels, response times, and performance metrics
2. Schedule 2 - Maintenance Services Description: Detailed technical description of maintenance services
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and payment terms
4. Schedule 4 - Software Specifications: Technical specifications of the software being maintained
5. Schedule 5 - Contact Details and Escalation Procedure: Key contacts and escalation procedures for both parties
6. Schedule 6 - Change Control Procedure: Process for requesting and implementing changes
7. Appendix A - Incident Report Template: Standard template for reporting maintenance incidents
8. Appendix B - Service Request Form: Standard form for requesting maintenance services
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Insurance
Banking
E-commerce
Logistics
Pharmaceuticals
Relevant Teams
Legal
Information Technology
Procurement
Operations
Software Development
Information Security
Risk Management
Vendor Management
Compliance
Technical Support
Service Delivery
Contract Administration
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
IT Service Manager
Contract Manager
Chief Information Officer
Software Engineer
Systems Administrator
IT Operations Manager
Vendor Management Specialist
Information Security Officer
Risk Manager
Compliance Officer
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