This Software Maintenance Agreement is designed for use when a business requires ongoing maintenance and support for its software systems from a specialized service provider under Swiss law. The document establishes a comprehensive framework for the delivery of maintenance services, including routine updates, bug fixes, security patches, and technical support. It's particularly relevant when transitioning from software development or implementation to the operational phase, or when establishing a new maintenance relationship with a service provider. The agreement incorporates key requirements of Swiss legislation, including the Code of Obligations, data protection laws, and information security regulations. It's structured to protect both parties' interests while ensuring clear service delivery standards, pricing mechanisms, and performance metrics.
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1. Parties: Identification of the service provider and customer, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including reference to any existing software license or development agreements
3. Definitions: Defined terms used throughout the agreement, including technical terminology specific to software maintenance
4. Scope of Services: Detailed description of maintenance services, including updates, patches, bug fixes, and support levels
5. Service Provider Obligations: Key responsibilities of the maintenance provider, including response times, quality standards, and reporting
6. Customer Obligations: Customer responsibilities, including access provision, cooperation requirements, and usage restrictions
7. Term and Termination: Duration of the agreement, renewal terms, and termination rights and procedures
8. Fees and Payment: Maintenance fees, payment terms, invoicing procedures, and any variable charging mechanisms
9. Service Levels: Performance standards, measurement metrics, and consequences of failure to meet service levels
10. Intellectual Property Rights: Ownership and usage rights for maintained software and any modifications
11. Data Protection and Security: Obligations regarding data handling, security measures, and compliance with Swiss data protection laws
12. Confidentiality: Protection of confidential information exchanged during maintenance activities
13. Liability and Indemnification: Limitations of liability, warranties, and indemnification obligations
14. Force Majeure: Provisions for handling events beyond reasonable control
15. General Provisions: Standard legal clauses including notices, assignment, entire agreement, and governing law
1. Transition Services: Procedures for handover to new providers or back to customer, used when transition provisions are specifically required
2. Disaster Recovery: Specific procedures for system recovery after major incidents, included for business-critical software
3. Training: Provisions for training customer personnel, included when ongoing training is part of maintenance
4. Third-Party Software: Handling of third-party components and dependencies, used when third-party software is involved
5. Hardware Maintenance: Additional provisions for hardware maintenance if required alongside software maintenance
6. Source Code Escrow: Provisions for source code access and escrow arrangements, used for critical software systems
7. Insurance: Specific insurance requirements beyond standard coverage, used for high-risk or high-value contracts
1. Schedule 1 - Service Description: Detailed technical specifications of maintenance services and supported software
2. Schedule 2 - Service Levels: Detailed service level agreements, response times, and performance metrics
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculation methods
4. Schedule 4 - Supported Locations: List of locations and systems covered by maintenance services
5. Schedule 5 - Contact Details: Key contacts and escalation procedures for both parties
6. Schedule 6 - Security Requirements: Detailed security protocols and requirements
7. Appendix A - Technical Environment: Description of customer's technical environment and supported configurations
8. Appendix B - Change Control Procedure: Procedures for requesting and implementing changes
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Government
Insurance
Pharmaceutical
Transportation
Energy
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Operations
Information Security
Risk Management
Vendor Management
Service Delivery
Technical Support
Application Support
Compliance
Finance
Relevant Roles
Chief Information Officer
IT Director
Software Development Manager
Procurement Manager
Legal Counsel
IT Service Manager
Systems Administrator
Technical Support Manager
Contract Manager
Information Security Officer
Risk Manager
Operations Manager
Technology Officer
Vendor Management Officer
Service Delivery Manager
Application Support Manager
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