The Software Maintenance Agreement is essential for organizations requiring ongoing support and maintenance of their software systems under New Zealand law. This document is typically used when a business needs to ensure continuous functionality, security, and optimization of their software applications through professional maintenance services. It becomes particularly relevant after the initial software implementation or when transitioning between service providers. The agreement covers critical aspects such as regular updates, bug fixes, performance monitoring, security patches, and technical support, while ensuring compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and privacy regulations. It's designed to protect both the service provider and the client by clearly defining service scope, responsibilities, performance metrics, and dispute resolution procedures.
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1. Parties: Identifies and provides full legal details of the service provider and the client
2. Background: Outlines the context of the agreement, including reference to the original software and the need for maintenance services
3. Definitions: Defines key terms used throughout the agreement, including technical terminology
4. Scope of Services: Details the maintenance and support services to be provided, including updates, patches, and bug fixes
5. Service Provider Obligations: Specifies the responsibilities and commitments of the service provider
6. Client Obligations: Outlines the client's responsibilities, including access provision and cooperation requirements
7. Service Levels: Defines the performance standards, response times, and service availability requirements
8. Fees and Payment: Details the maintenance fees, payment terms, and any additional charges
9. Term and Termination: Specifies the duration of the agreement and circumstances for termination
10. Intellectual Property: Addresses ownership and rights related to software modifications and improvements
11. Confidentiality: Protects confidential information exchanged during the maintenance services
12. Liability and Indemnity: Sets out liability limitations and indemnification obligations
13. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery
14. General Provisions: Includes standard clauses like notices, assignment, and governing law
1. Business Continuity and Disaster Recovery: Details procedures for maintaining service during disruptions - include when business continuity is critical
2. Security Requirements: Specifies additional security measures and compliance requirements - include for sensitive data handling
3. Third-Party Software: Addresses maintenance of integrated third-party software - include when third-party components are involved
4. Training and Documentation: Outlines training and documentation provisions - include when ongoing training is needed
5. Audit Rights: Provides for service and compliance audits - include for regulated industries
6. Service Credits: Establishes credit system for service level failures - include for high-value or critical services
7. Change Control: Defines process for changing service scope or requirements - include for complex or evolving services
1. Schedule 1 - Service Level Agreement: Detailed service levels, response times, and performance metrics
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment schedules, and rate cards
3. Schedule 3 - Maintenance Services Specification: Technical specifications of maintenance services and support procedures
4. Schedule 4 - Contact Details and Escalation Procedures: Key contacts and escalation paths for both parties
5. Schedule 5 - Software Configuration: Details of the software environment and configuration requirements
6. Appendix A - Service Request Procedures: Procedures for logging and handling service requests
7. Appendix B - Report Templates: Standard templates for service reports and performance monitoring
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
E-commerce
Insurance
Banking
Relevant Teams
Legal
Information Technology
Procurement
Operations
Information Security
Risk and Compliance
Technical Support
Service Delivery
Software Development
Contract Management
Relevant Roles
Chief Technology Officer
IT Manager
Software Development Manager
Procurement Manager
Legal Counsel
Contract Manager
System Administrator
IT Service Delivery Manager
Information Security Officer
Operations Manager
Technical Support Manager
Risk Manager
Compliance Officer
Project Manager
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