This Software Maintenance Agreement template is designed for use under Irish law when establishing an ongoing maintenance and support relationship between a software provider and customer. It's typically implemented following a software license or purchase agreement, or can be part of a comprehensive software solution package. The agreement is essential for businesses requiring consistent software support, updates, and maintenance services, incorporating Irish and EU regulatory requirements including GDPR, consumer protection, and electronic commerce regulations. It details service levels, response times, maintenance scope, fees, and liability provisions, making it suitable for both enterprise-level arrangements and smaller business implementations. The document structure allows for customization based on specific maintenance requirements while maintaining compliance with Irish legal framework.
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1. Parties: Identification of the service provider and the customer, including registered addresses and company details
2. Background: Context of the agreement, including reference to any existing software license or purchase agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of maintenance services to be provided, including updates, patches, and bug fixes
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Customer Obligations: Customer's responsibilities, including providing access and information
7. Service Levels: Performance standards, response times, and resolution times for different types of issues
8. Fees and Payment: Maintenance fees, payment terms, and any additional charges
9. Term and Termination: Duration of the agreement, renewal terms, and termination rights
10. Intellectual Property Rights: Ownership of modifications, updates, and any new developments
11. Confidentiality: Protection of confidential information exchanged during service provision
12. Data Protection: GDPR compliance and data processing obligations
13. Liability and Indemnities: Limitations of liability and indemnification provisions
14. Force Majeure: Provisions for circumstances beyond parties' reasonable control
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. On-Site Support: Include when maintenance services require physical presence at customer premises
2. Hardware Interface: Include when maintenance involves interaction with specific hardware systems
3. Third-Party Software: Include when maintenance involves integration with third-party software
4. Disaster Recovery: Include when specific disaster recovery services are part of maintenance
5. Security Requirements: Include when specific security protocols or certifications are required
6. Change Control: Include when formal change management procedures are needed
7. Training: Include when training services are part of maintenance support
8. Audit Rights: Include when customer requires audit rights for compliance or security
9. Service Credits: Include when financial penalties apply for missing service levels
1. Schedule 1 - Service Level Agreement: Detailed service levels, response times, and performance metrics
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including any variable charges
3. Schedule 3 - Supported Software: List of software covered by the maintenance agreement
4. Schedule 4 - Technical Support Procedures: Detailed procedures for requesting and providing support
5. Schedule 5 - Contact Details: Key contacts for both parties and escalation procedures
6. Schedule 6 - Service Reports: Format and frequency of service reporting
7. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and details
8. Appendix B - Security Requirements: Detailed security protocols and requirements
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