This Software Maintenance Agreement is designed for use when a business requires ongoing maintenance and support for its software systems from a specialized service provider in South Africa. The agreement is structured to comply with South African legislation, including the Electronic Communications and Transactions Act, POPIA, and Consumer Protection Act. It typically follows or accompanies a software license or purchase agreement and details the scope of maintenance services, service levels, response times, update procedures, and technical support arrangements. The document is essential for businesses that rely on software systems and need to ensure their continuous, reliable operation through professional maintenance services. It includes provisions for both preventive maintenance and issue resolution, while addressing data protection, intellectual property rights, and service level commitments within the South African legal framework.
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1. Parties: Identification of the service provider and customer, including their registered addresses and company details
2. Background: Context of the agreement, including reference to any related software license or purchase agreements
3. Definitions: Definitions of technical terms, maintenance services, and other key concepts used in the agreement
4. Scope of Services: Detailed description of maintenance services, including preventive maintenance, updates, and bug fixes
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Customer Obligations: Customer's responsibilities, including providing access, information, and maintaining appropriate IT environment
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 related to any modifications, updates, or new versions created during maintenance
11. Confidentiality: Protection of confidential information exchanged during maintenance services
12. Liability and Indemnities: Limitations of liability and indemnification obligations
13. General Provisions: Standard legal clauses including notices, assignment, and governing law
1. Data Protection: Detailed data protection obligations when maintenance involves processing personal information
2. Disaster Recovery: Specific provisions for disaster recovery services if included in maintenance scope
3. Third-Party Software: Provisions dealing with maintenance of third-party software components
4. Change Control: Procedures for requesting and implementing changes to the maintenance services
5. Security Requirements: Specific security protocols and requirements for maintenance activities
6. Training: Provisions for training services if included in maintenance package
7. Audit Rights: Customer's rights to audit maintenance services and compliance
8. Insurance: Specific insurance requirements beyond standard coverage
1. Schedule 1 - Maintenance Services Description: Detailed technical specification of maintenance services
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies for failure
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and payment terms
4. Schedule 4 - Supported Software: List of software components covered by maintenance services
5. Schedule 5 - Technical Contacts: Contact details for technical support and escalation procedures
6. Schedule 6 - Service Request Procedures: Procedures for logging and tracking maintenance requests
7. Appendix A - Incident Classification: Definitions and examples of different types of incidents
8. Appendix B - Report Ƶ: Standard templates for maintenance reports and documentation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Telecommunications
Education
Government
Insurance
Banking
E-commerce
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Technical Support
Service Delivery
Operations
Information Security
Vendor Management
Commercial
Contract Management
Relevant Roles
Chief Information Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
Technical Services Manager
Contract Manager
Service Delivery Manager
IT Operations Manager
Chief Technology Officer
Software Support Manager
Vendor Management Officer
Information Security Officer
IT Infrastructure Manager
Commercial Director
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