Software Maintenance Agreement Template for Singapore

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Key Requirements PROMPT example:

Software Maintenance Agreement

"I need a Software Maintenance Agreement for my fintech startup based in Singapore, where we're contracting a vendor to maintain our payment processing software with strict security requirements and 24/7 support starting from January 2025."

Document background
The Software Maintenance Agreement is essential for organizations requiring ongoing software support and maintenance under Singapore jurisdiction. It's typically implemented following software development or acquisition, establishing clear parameters for maintenance services, updates, and technical support. This agreement is particularly important in Singapore's technology-focused business environment, where it must comply with strict data protection laws and cybersecurity regulations. The document addresses both preventive and corrective maintenance, setting clear expectations for service levels, response times, and compliance with local regulations.
Suggested Sections

1. Parties: Identification and details of the service provider and client

2. Background: Context of the agreement and brief description of the software being maintained

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of maintenance services to be provided

5. Service Levels: Response times, resolution times, and performance metrics

6. Payment Terms: Fees, payment schedule, and invoicing details

7. Term and Termination: Duration of agreement and termination conditions

8. Confidentiality: Protection of confidential information

9. Liability and Indemnification: Limitation of liability and indemnification clauses

Optional Sections

1. Change Management: Process for handling change requests and system updates

2. Disaster Recovery: Procedures for system recovery and business continuity

3. Training: Terms for provision of user training and documentation

4. Source Code Escrow: Terms for source code protection and access conditions

5. Data Protection: PDPA compliance measures and data handling procedures

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed SLA metrics, performance standards, and penalty calculations

2. Schedule 2 - Fee Schedule: Detailed breakdown of maintenance fees, charges, and payment terms

3. Schedule 3 - Software Specifications: Technical details and specifications of the maintained software

4. Schedule 4 - Support Procedures: Detailed support protocols, escalation procedures, and response frameworks

5. Schedule 5 - Contact Details: Key personnel, escalation contacts, and communication protocols

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

Relevant legal definitions
Clauses
Industries

Computer Misuse and Cybersecurity Act: Primary legislation governing computer crimes, unauthorized access, and cybersecurity requirements in Singapore

Copyright Act (Cap. 63): Legislation protecting intellectual property rights, particularly relevant for software and related documentation

Personal Data Protection Act 2012: Comprehensive data protection law governing the collection, use, disclosure, and care of personal data

Electronic Transactions Act: Legislation providing legal framework for electronic transactions and digital signatures

Application of English Law Act: Determines the extent to which English contract law principles apply in Singapore

Unfair Contract Terms Act: Regulates unfair terms in contracts and limits the extent to which liability can be excluded

Supply of Goods Act: Governs the supply of goods and services, including software products and maintenance services

Cybersecurity Act 2018: Framework for protection of Critical Information Infrastructure and cybersecurity requirements

Consumer Protection (Fair Trading) Act: Protects consumer interests against unfair practices, applicable if the client is a consumer

IMDA Guidelines: Regulatory guidelines from Info-communications Media Development Authority for technology services

Technology Risk Management Guidelines: Specific guidelines for technology risk management, particularly relevant if dealing with financial institutions

GDPR Compliance: EU data protection regulations that may apply if the software processes data of EU residents

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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