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Custom Software Maintenance And Support Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Custom Software Maintenance And Support Agreement is essential for organizations operating in Australia that rely on custom software solutions for their business operations. This agreement becomes necessary after the development and deployment of custom software, when ongoing maintenance, updates, and technical support are required to ensure the software's continued functionality and performance. It addresses key aspects such as service levels, response times, bug fixes, updates, and technical support, while ensuring compliance with Australian legislation including the Privacy Act 1988, Competition and Consumer Act 2010, and relevant intellectual property laws. The agreement is particularly crucial for businesses that depend on software for critical operations and need guaranteed service levels and support availability.
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 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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























































Clauses


















































Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Government/Public Sector

Education

Telecommunications

Professional Services

Energy and Utilities

Transportation and Logistics

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Operations

Software Development

Technical Support

Service Delivery

Vendor Management

Compliance

Risk Management

Contract Administration

Relevant Roles

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

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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