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Software Maintenance Agreement Template for Malaysia

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Key Requirements PROMPT example:

Software Maintenance Agreement

"I need a Software Maintenance Agreement for our hospital management system that includes strict data protection clauses and 24/7 support requirements, compliant with Malaysian healthcare regulations and with service level agreements for critical system components."

Document background
The Software Maintenance Agreement is a critical document used when establishing ongoing software support and maintenance services in Malaysia. It's typically implemented following software purchase or development, ensuring continuous operation and updates of software systems. The agreement must comply with Malaysian legislation, including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. It details maintenance services, response times, service levels, and fee structures, while addressing specific Malaysian regulatory requirements and business practices. This agreement is essential for businesses requiring reliable software maintenance, whether for enterprise systems, specialized applications, or business-critical software solutions. It provides legal protection for both service providers and customers while ensuring clear service expectations and deliverables.
Suggested Sections

1. Parties: Identification of the service provider and the customer, including full legal names and registered addresses

2. Background: Context of the agreement, including reference to the original software license or purchase

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Scope of Services: Detailed description of maintenance services, including updates, patches, bug fixes, and support levels

5. Term and Renewal: Duration of the agreement and conditions for renewal or extension

6. Service Provider Obligations: Specific responsibilities of the service provider, including response times and service delivery standards

7. Customer Obligations: Customer responsibilities, including providing access, information, and maintaining necessary infrastructure

8. Service Levels: Specific performance metrics, response times, and service quality standards

9. Fees and Payment: Maintenance fees, payment terms, and any additional charges

10. Intellectual Property Rights: Rights related to any modifications, updates, or new features developed during maintenance

11. Confidentiality: Protection of confidential information exchanged during service delivery

12. Data Protection: Compliance with PDPA and data handling requirements

13. Limitation of Liability: Limits on liability for both parties and exclusions

14. Termination: Conditions for termination, notice periods, and consequences

15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Disaster Recovery: Specific procedures for system recovery in case of major incidents - include for business-critical systems

2. Security Requirements: Detailed security protocols and requirements - essential for systems handling sensitive data

3. Change Management: Procedures for requesting and implementing changes - useful for complex systems or when multiple stakeholders are involved

4. Third-Party Software: Provisions relating to maintenance of third-party components - include if solution includes third-party software

5. Training: Provisions for training services - include if ongoing training is part of maintenance

6. Service Credits: Framework for service credits or penalties - include for high-value or mission-critical systems

7. Transition Services: Procedures for transitioning services to another provider - important for complex or critical systems

8. Audit Rights: Rights to audit service provider's performance - important for regulated industries or critical systems

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed service levels, metrics, and measurement methods

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment schedules, and rate cards

3. Schedule 3 - Supported Software: List of software components covered under the maintenance agreement

4. Schedule 4 - Technical Support Procedures: Detailed procedures for requesting and receiving technical support

5. Schedule 5 - Contact Details: Key contacts and escalation procedures for both parties

6. Schedule 6 - Service Hours and Response Times: Detailed breakdown of service hours and response time commitments

7. Appendix A - Change Request Form: Standard form for requesting changes to the maintained software

8. Appendix B - Service Report Template: Template for regular service reporting

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

Banking & Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Government & Public Sector

Education

Professional Services

E-commerce

Insurance

Logistics & Supply Chain

Relevant Teams

Legal

Information Technology

Procurement

Operations

Risk & Compliance

Finance

Information Security

Vendor Management

Technical Support

Service Delivery

Relevant Roles

Chief Information Officer

IT Director

Software Development Manager

Legal Counsel

Procurement Manager

Service Delivery Manager

Contract Manager

Chief Technology Officer

IT Operations Manager

Risk & Compliance Manager

Technical Support Manager

Systems Administrator

Chief Financial Officer

IT Security Manager

Vendor Management Officer

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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