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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."
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
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
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
Information Technology
Banking & Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Government & Public Sector
Education
Professional Services
E-commerce
Insurance
Logistics & Supply Chain
Legal
Information Technology
Procurement
Operations
Risk & Compliance
Finance
Information Security
Vendor Management
Technical Support
Service Delivery
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
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