Software Maintenance Agreement Template for New Zealand

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Key Requirements PROMPT example:

Software Maintenance Agreement

"I need a Software Maintenance Agreement for my healthcare software company in New Zealand to provide maintenance services to a large public hospital, with strict data privacy provisions and 24/7 support requirements starting March 2025."

Document background

The Software Maintenance Agreement is essential for organizations requiring ongoing support and maintenance of their software systems under New Zealand law. This document is typically used when a business needs to ensure continuous functionality, security, and optimization of their software applications through professional maintenance services. It becomes particularly relevant after the initial software implementation or when transitioning between service providers. The agreement covers critical aspects such as regular updates, bug fixes, performance monitoring, security patches, and technical support, while ensuring compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and privacy regulations. It's designed to protect both the service provider and the client by clearly defining service scope, responsibilities, performance metrics, and dispute resolution procedures.

Suggested Sections

1. Parties: Identifies and provides full legal details of the service provider and the client

2. Background: Outlines the context of the agreement, including reference to the original software and the need for maintenance services

3. Definitions: Defines key terms used throughout the agreement, including technical terminology

4. Scope of Services: Details the maintenance and support services to be provided, including updates, patches, and bug fixes

5. Service Provider Obligations: Specifies the responsibilities and commitments of the service provider

6. Client Obligations: Outlines the client's responsibilities, including access provision and cooperation requirements

7. Service Levels: Defines the performance standards, response times, and service availability requirements

8. Fees and Payment: Details the maintenance fees, payment terms, and any additional charges

9. Term and Termination: Specifies the duration of the agreement and circumstances for termination

10. Intellectual Property: Addresses ownership and rights related to software modifications and improvements

11. Confidentiality: Protects confidential information exchanged during the maintenance services

12. Liability and Indemnity: Sets out liability limitations and indemnification obligations

13. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery

14. General Provisions: Includes standard clauses like notices, assignment, and governing law

Optional Sections

1. Business Continuity and Disaster Recovery: Details procedures for maintaining service during disruptions - include when business continuity is critical

2. Security Requirements: Specifies additional security measures and compliance requirements - include for sensitive data handling

3. Third-Party Software: Addresses maintenance of integrated third-party software - include when third-party components are involved

4. Training and Documentation: Outlines training and documentation provisions - include when ongoing training is needed

5. Audit Rights: Provides for service and compliance audits - include for regulated industries

6. Service Credits: Establishes credit system for service level failures - include for high-value or critical services

7. Change Control: Defines process for changing service scope or requirements - include for complex or evolving services

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed service levels, response times, and performance metrics

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment schedules, and rate cards

3. Schedule 3 - Maintenance Services Specification: Technical specifications of maintenance services and support procedures

4. Schedule 4 - Contact Details and Escalation Procedures: Key contacts and escalation paths for both parties

5. Schedule 5 - Software Configuration: Details of the software environment and configuration requirements

6. Appendix A - Service Request Procedures: Procedures for logging and handling service requests

7. Appendix B - Report Templates: Standard templates for service reports and performance monitoring

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

E-commerce

Insurance

Banking

Relevant Teams

Legal

Information Technology

Procurement

Operations

Information Security

Risk and Compliance

Technical Support

Service Delivery

Software Development

Contract Management

Relevant Roles

Chief Technology Officer

IT Manager

Software Development Manager

Procurement Manager

Legal Counsel

Contract Manager

System Administrator

IT Service Delivery Manager

Information Security Officer

Operations Manager

Technical Support Manager

Risk Manager

Compliance Officer

Project Manager

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