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Custom Software Maintenance And Support Agreement
"I need a Custom Software Maintenance and Support Agreement for a healthcare management system that processes sensitive patient data, with strict SLAs requiring 99.9% uptime and 24/7 support coverage, compliant with Australian healthcare regulations."
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 the original software, its deployment, and the need for maintenance and support services
3. Definitions and Interpretation: Detailed definitions of technical and legal terms used throughout the agreement, and rules for interpretation
4. Term and Renewal: Duration of the agreement, including start date, initial term, and renewal provisions
5. Scope of Services: Detailed description of maintenance and support services to be provided, including preventive maintenance, bug fixes, and updates
6. Service Provider Obligations: Key responsibilities and commitments of the service provider in delivering the maintenance and support services
7. Customer Obligations: Customer's responsibilities, including providing access, information, and maintaining appropriate IT environment
8. Service Levels: Defined service levels, response times, resolution times, and performance metrics
9. Fees and Payment: Payment terms, maintenance fees, additional charges, and payment schedules
10. Intellectual Property Rights: Ownership and rights related to the software, modifications, and improvements
11. Confidentiality: Protection and handling of confidential information exchanged during service delivery
12. Data Protection and Privacy: Obligations regarding personal data handling and privacy compliance
13. Limitation of Liability: Limits on liability and exclusions for both parties
14. Termination: Grounds for termination, termination process, and consequences
15. General Provisions: Standard legal provisions including notices, assignment, governing law, and dispute resolution
1. Change Management: Procedures for requesting and implementing changes to services or service levels. Include when the service scope is likely to evolve significantly
2. Disaster Recovery: Specific provisions for disaster recovery services. Include for business-critical software systems
3. Security Requirements: Detailed security obligations and standards. Include for systems handling sensitive data or critical operations
4. Transition Services: Provisions for transition of services at contract end. Include for complex systems or when required by customer policy
5. Service Credits: Financial remedies for service level failures. Include when specific performance metrics are crucial
6. Audit Rights: Customer's rights to audit service provider's performance and compliance. Include for regulated industries or critical systems
7. Insurance Requirements: Specific insurance obligations. Include for high-value or high-risk services
8. Source Code Escrow: Provisions for source code escrow arrangements. Include when source code access might be critical
9. Subcontractors: Rules and approvals for use of subcontractors. Include when subcontracting is likely or needs control
1. Schedule 1 - Service Level Agreement: Detailed service levels, measurement methods, and reporting requirements
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment terms, and rate cards for additional services
3. Schedule 3 - Support Services Description: Detailed description of support processes, procedures, and escalation paths
4. Schedule 4 - Maintenance Services Specification: Technical specifications for maintenance services, including maintenance windows and update procedures
5. Schedule 5 - Contact Details and Escalation Matrix: Key contacts and escalation procedures for both parties
6. Schedule 6 - Software Configuration: Details of the software configuration being maintained, including versions and environments
7. Appendix A - Service Request Procedures: Forms and procedures for submitting and handling service requests
8. Appendix B - Report Templates: Standard templates for service reports and performance monitoring
Authors
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Government/Public Sector
Education
Telecommunications
Professional Services
Energy and Utilities
Transportation and Logistics
Media and Entertainment
Legal
Information Technology
Procurement
Operations
Software Development
Technical Support
Service Delivery
Vendor Management
Compliance
Risk Management
Contract Administration
Chief Information Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
Contract Manager
Service Delivery Manager
Technical Support Manager
Operations Manager
Chief Technology Officer
IT Service Manager
Software Architect
Project Manager
Vendor Management Officer
Compliance Officer
Risk Manager
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