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Software Maintenance Contract

Software Maintenance Contract Template for Netherlands

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Key Requirements PROMPT example:

Software Maintenance Contract

"I need a Software Maintenance Contract under Dutch law for our cloud-based ERP system, where we're the service provider offering 24/7 maintenance support to enterprise clients, with specific provisions for GDPR compliance and disaster recovery procedures."

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Document background
This Software Maintenance Contract is designed for use in the Netherlands when establishing a formal relationship between a software maintenance provider and an organization requiring ongoing software support and maintenance services. The document is essential for businesses operating software systems that require regular updates, bug fixes, and technical support, ensuring compliance with Dutch legal requirements and EU regulations. It typically follows the execution of a software license agreement or software development contract and provides detailed specifications for maintenance services, including service levels, response times, fee structures, and operational procedures. The contract addresses key aspects such as data protection, security requirements, and intellectual property rights within the Dutch legal framework, making it suitable for both domestic and international business relationships where Dutch law governs the agreement.
Suggested Sections

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

2. Background: Context of the agreement, including reference to any existing software licenses or related agreements

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

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

5. Service Provider Obligations: Specific responsibilities of the service provider, including response times, maintenance windows, and quality standards

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

7. Service Levels: Specific performance metrics, response times, and availability commitments

8. Fees and Payment: Maintenance fees, payment terms, invoicing schedule, and any additional cost provisions

9. Term and Termination: Duration of the agreement, renewal terms, and termination rights

10. Intellectual Property Rights: Ownership and rights related to maintenance updates and modifications

11. Confidentiality: Protection of confidential information exchanged during maintenance services

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. Force Majeure: Provisions for handling events beyond reasonable control

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

Optional Sections

1. Disaster Recovery: Specific provisions for disaster recovery procedures and business continuity, recommended for critical software systems

2. Security Requirements: Detailed security obligations and standards, particularly important for sensitive data processing systems

3. Change Management: Procedures for requesting and implementing changes to the maintenance scope or service levels

4. Third-Party Software: Provisions regarding maintenance of third-party components, if applicable

5. Training Services: Additional provisions for user training on maintained software, if included in the service scope

6. Data Protection: Detailed GDPR compliance provisions, required when personal data processing is involved

7. Service Credits: Framework for service credits or penalties for missing service levels, optional for more sophisticated agreements

8. Exit Assistance: Provisions for transition assistance at contract end, important for business-critical software

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed metrics, measurements, and targets for service performance

2. Schedule 2 - Maintenance Services Description: Detailed technical specification of maintenance services and procedures

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

4. Schedule 4 - Supported Software: List and details of software covered by the maintenance agreement

5. Schedule 5 - Contact Details and Escalation Procedure: Key contacts and escalation paths for both parties

6. Schedule 6 - Service Hours and Response Times: Detailed service windows and response time commitments

7. Appendix A - Technical Requirements: Customer's technical environment specifications and requirements

8. Appendix B - Report Templates: Standard templates for service reports and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Tests
Authorized Users
Business Day
Business Hours
Confidential Information
Critical Error
Customer Data
Customer Environment
Documentation
Emergency Maintenance
Enhancement
Error
Error Correction
Fees
Force Majeure Event
Good Industry Practice
Help Desk
Incident
Intellectual Property Rights
Licensed Software
Maintenance Release
Maintenance Services
Maintenance Window
Major Release
Minor Release
Normal Business Hours
Operating Environment
Patch
Personal Data
Priority Levels
Response Time
Resolution Time
Scheduled Maintenance
Service Credits
Service Hours
Service Level Agreement
Service Levels
Service Provider Systems
Software
Source Code
Specifications
Support Request
System
Term
Third-Party Software
Update
Upgrade
Virus
Vulnerability
Work Around
Clauses
Definitions
Services Scope
Service Levels
Performance Standards
Response Times
Support Services
Maintenance Windows
Change Management
Customer Obligations
Provider Obligations
Quality Assurance
Acceptance Testing
Documentation
Fees and Payment
Invoicing
Term and Termination
Intellectual Property
Confidentiality
Data Protection
Security Requirements
Disaster Recovery
Business Continuity
Liability
Indemnification
Insurance
Force Majeure
Personnel
Subcontracting
Audit Rights
Reporting
Warranties
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Third Party Rights
Anti-Bribery
Export Control
Compliance with Laws
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

E-commerce

Transportation

Energy and Utilities

Media and Entertainment

Insurance

Relevant Teams

Legal

Information Technology

Procurement

Operations

Service Delivery

Software Development

Vendor Management

Information Security

Risk Management

Technical Support

Contract Administration

Finance

Relevant Roles

Chief Information Officer

IT Director

Software Development Manager

Legal Counsel

Procurement Manager

IT Service Manager

Contract Manager

Technical Operations Manager

Chief Technology Officer

Service Delivery Manager

IT Infrastructure Manager

Software Support Manager

Vendor Management Officer

Information Security Officer

Operations Director

Industries
Dutch Civil Code (Burgerlijk Wetboek): The fundamental source of Dutch contract law, particularly Book 6 (General Part of the Law of Obligations) and Book 7 (Specific Contracts), which govern contract formation, validity, and enforcement
EU General Data Protection Regulation (GDPR): Crucial for software maintenance contracts as they often involve processing personal data. In the Netherlands, this is implemented through the Dutch GDPR Implementation Act (Uitvoeringswet AVG)
Dutch Telecommunications Act (Telecommunicatiewet): Relevant for software that operates over networks or internet connections, including provisions about security and data protection
Computer Crime Act III (Wet Computercriminaliteit III): Important for security obligations and responsibilities in software maintenance, particularly regarding cybersecurity measures
EU Consumer Rights Directive: Implemented in Dutch law, relevant if the software maintenance contract involves consumers (B2C), including rules about information requirements and right of withdrawal
Dutch Act on Unfair Commercial Practices (Wet oneerlijke handelspraktijken): Applicable when dealing with consumers, ensuring fair commercial practices in software maintenance services
Services Directive (Dienstenrichtlijn): EU directive implemented in Dutch law, relevant for cross-border service provision aspects of software maintenance
Dutch Copyright Act (Auteurswet): Governs intellectual property aspects of software maintenance, including modifications and updates to existing software
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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