The Software Maintenance Agreement is essential for businesses requiring ongoing support and maintenance for their software systems under Austrian jurisdiction. This document is typically used when a company needs to establish a formal relationship with a maintenance provider for regular software updates, bug fixes, technical support, and system optimization. The agreement, governed by Austrian law, includes detailed service level agreements (SLAs), maintenance schedules, and compliance requirements with both Austrian and EU regulations. It's particularly important for ensuring clear delineation of responsibilities, establishing performance metrics, and protecting both parties' interests in the maintenance relationship. The document typically addresses key aspects such as response times, service availability, fee structures, and data protection measures, making it a crucial tool for managing long-term software maintenance relationships.
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1. Parties: Identification and details of the contracting parties - the maintenance provider and the client
2. Background: Context of the agreement, including identification of the software system to be maintained
3. Definitions: Key terms used throughout the agreement, including technical terminology
4. Scope of Services: Detailed description of maintenance and support services to be provided
5. Service Level Agreement: Response times, resolution times, and service availability commitments
6. Client Obligations: Client's responsibilities, including access provision and cooperation requirements
7. Fees and Payment Terms: Maintenance fees, payment schedule, and payment methods
8. Term and Termination: Duration of the agreement and conditions for termination
9. Intellectual Property Rights: Ownership of modifications and improvements made during maintenance
10. Data Protection and Security: GDPR compliance and data security measures
11. Confidentiality: Protection of confidential information exchanged during maintenance
12. Liability and Warranties: Extent of provider's liability and service warranties
13. Force Majeure: Circumstances excusing performance of obligations
14. Governing Law and Jurisdiction: Confirmation of Austrian law application and dispute resolution procedures
1. Third-Party Software: Include when maintenance involves third-party software components, defining responsibilities and limitations
2. Disaster Recovery: Include when specific disaster recovery procedures are required
3. Training Services: Include when the provider offers training as part of maintenance
4. Regulatory Compliance: Include when software is used in regulated industries with specific compliance requirements
5. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
6. Change Management: Include when formal change management procedures are needed
7. Service Credits: Include when financial penalties apply for missing service levels
8. Audit Rights: Include when client requires right to audit maintenance activities
1. Schedule 1 - Maintained Software: Detailed list of software components covered by the maintenance agreement
2. Schedule 2 - Service Level Specifications: Detailed service level metrics, measurements, and reporting requirements
3. Schedule 3 - Fee Schedule: Detailed breakdown of maintenance fees and payment terms
4. Schedule 4 - Support Procedures: Detailed procedures for requesting and receiving support
5. Schedule 5 - Technical Contacts: List of authorized technical contacts for both parties
6. Appendix A - Maintenance Windows: Scheduled maintenance windows and procedures
7. Appendix B - Issue Priority Levels: Definition of issue priority levels and associated response times
8. Appendix C - Security Requirements: Detailed security requirements and procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Insurance
Banking
E-commerce
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Technical Support
Operations
Information Security
Compliance
Contract Management
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
Contract Manager
IT Operations Manager
Systems Administrator
Technical Support Manager
Information Security Officer
Compliance Officer
Service Delivery Manager
Software Engineer
Project Manager
Vendor Relations Manager
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