The Software Maintenance Agreement is essential for organizations requiring ongoing support and maintenance of their software systems under Philippine jurisdiction. This document is typically used when a company needs to establish a formal relationship with a service provider for regular software updates, bug fixes, technical support, and system improvements. The agreement addresses crucial aspects such as service level commitments, response times, maintenance schedules, and fee structures, while ensuring compliance with Philippine regulations including the Data Privacy Act, E-commerce Act, and Intellectual Property Code. It's particularly important for businesses dependent on software systems for their operations, as it provides legal protection and clear operational guidelines for both parties involved in the maintenance relationship.
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1. Parties: Identifies the service provider and customer, including their legal names, addresses, and registration details
2. Background: Provides context about the software being maintained and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the maintenance and support services to be provided, including preventive maintenance, updates, and bug fixes
5. Service Provider Obligations: Outlines the specific responsibilities and commitments of the maintenance provider
6. Customer Obligations: Specifies customer responsibilities, including access provision and cooperation requirements
7. Service Levels: Defines performance standards, response times, and resolution timeframes
8. Fees and Payment: Details the maintenance fees, payment terms, and any cost escalation provisions
9. Term and Termination: Specifies the duration of the agreement and circumstances for termination
10. Intellectual Property Rights: Addresses ownership of modifications, improvements, and any new developments
11. Confidentiality: Covers protection of confidential information exchanged during service provision
12. Data Protection: Ensures compliance with the Philippine Data Privacy Act and data handling requirements
13. Liability and Indemnification: Sets out liability limitations and indemnification obligations
14. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery
15. Governing Law: Specifies Philippine law as governing law and jurisdiction for disputes
16. General Provisions: Includes standard boilerplate clauses like notices, amendments, and assignment
1. Disaster Recovery: Include when business continuity is critical or when handling sensitive systems
2. Security Requirements: Add for agreements involving sensitive data or critical systems
3. Change Management: Include for complex systems requiring formal change control processes
4. Training Services: Add when customer staff training is part of the maintenance package
5. Audit Rights: Include when compliance requirements or service verification needs are high
6. Subcontracting: Add when service provider may need to engage third-party contractors
7. Insurance: Include for high-value contracts or when required by regulatory compliance
8. Source Code Escrow: Add when source code access might be needed for maintenance continuity
1. Service Level Agreement (SLA): Detailed metrics and standards for service performance
2. Fee Schedule: Detailed breakdown of fees, payment schedules, and rate cards
3. Maintenance Services Scope: Detailed technical specifications of maintenance services
4. Supported Software: List and details of software versions covered under maintenance
5. Contact Details: Key contacts and escalation procedures for both parties
6. Service Request Procedures: Processes for logging and handling maintenance requests
7. Security Protocols: Detailed security requirements and procedures
8. Data Processing Agreement: Specific terms for handling personal data under Philippine law
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