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Custom Software Maintenance And Support Agreement

Custom Software Maintenance And Support Agreement Template for United States

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Key Requirements PROMPT example:

Custom Software Maintenance And Support Agreement

"I need a Custom Software Maintenance And Support Agreement for our new CRM system that includes 24/7 support coverage and strict SLAs for critical errors, with service to commence from January 2025 and include provisions for HIPAA compliance as we handle healthcare data."

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Document background
The Custom Software Maintenance And Support Agreement is essential when organizations require ongoing support for their custom software solutions. This U.S.-governed contract type is typically implemented following the completion of custom software development, establishing clear parameters for maintenance, updates, and technical support. It addresses critical aspects such as service level agreements, response times, fee structures, and intellectual property rights while ensuring compliance with federal and state software licensing laws, data protection regulations, and industry-specific requirements. This agreement is particularly crucial for businesses relying on custom software for their core operations.
Suggested Sections

1. Parties: Identification of the service provider and client, including full legal names and addresses

2. Background: Context of the agreement, including reference to any original software development agreement

3. Definitions: Key terms used throughout the agreement including Software, Services, Support Hours, Response Times, etc.

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

5. Service Levels: Response times, resolution times, and service availability commitments

6. Fee Structure: Pricing, payment terms, and billing procedures

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

8. Intellectual Property Rights: Ownership of modifications and improvements

Optional Sections

1. Change Control: Procedures for requesting and implementing changes - recommended for complex software systems or when frequent modifications are expected

2. Disaster Recovery: Procedures for system recovery and business continuity - essential for business-critical software systems

3. Security Requirements: Specific security protocols and compliance requirements - necessary when handling sensitive data or in regulated industries

4. Training: Provisions for ongoing training and documentation - important when regular user training is required

Suggested Schedules

1. Service Level Agreement (SLA): Detailed metrics and performance standards

2. Support Procedures: Detailed procedures for reporting and handling support requests

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

4. Software Specification: Technical details of the software being maintained

5. Escalation Matrix: Contact details and escalation procedures for various types of issues

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
Agreement
Acceptance Criteria
Business Day
Business Hours
Change Request
Confidential Information
Critical Error
Documentation
Effective Date
Enhancement
Error
Fees
Initial Term
Intellectual Property Rights
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Patch
Priority Levels
Response Time
Resolution Time
Services
Service Credits
Service Levels
Software
Software Updates
Source Code
Specifications
Support Hours
Support Request
Support Services
System
Term
Third-Party Software
Update
Upgrade
User
Workaround
Clauses
Definitions
Scope of Services
Service Levels
Support Hours
Response Times
Error Classification
Maintenance Services
Updates and Upgrades
Change Management
Payment Terms
Service Credits
Performance Monitoring
Client Obligations
Provider Obligations
Intellectual Property Rights
Warranties
Liability Limitations
Indemnification
Confidentiality
Data Protection
Security Requirements
Business Continuity
Disaster Recovery
Term and Renewal
Termination Rights
Force Majeure
Assignment
Subcontracting
Dispute Resolution
Governing Law
Insurance
Audit Rights
Notice Requirements
Entire Agreement
Severability
Amendment Process
Escalation Procedures
Industries

Uniform Commercial Code (UCC): Article 2B/UCITA principles governing software licensing and maintenance transactions

Copyright Act: 17 U.S.C. provisions governing software protection and intellectual property rights

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues and technological protection measures

Computer Fraud and Abuse Act (CFAA): Federal law governing computer security and unauthorized access

Federal Information Security Management Act (FISMA): Standards for information security in federal agencies and their contractors

Electronic Communications Privacy Act (ECPA): Federal law governing electronic communications privacy and security

State Data Breach Notification Laws: Various state-specific requirements for reporting and handling data breaches

California Consumer Privacy Act (CCPA): California's comprehensive consumer privacy law affecting businesses serving California residents

State Privacy Laws: Various state-specific privacy regulations including Virginia's CDPA and Colorado's CPA

State Contract Laws: State-specific requirements governing contract formation, enforcement, and interpretation

E-SIGN Act: Federal law governing the validity of electronic signatures and records

Federal Trade Commission Act: Federal consumer protection law prohibiting unfair or deceptive practices

Magnuson-Moss Warranty Act: Federal law governing consumer product warranties

Patent Laws: Federal laws protecting novel inventions and technological innovations

Trade Secret Laws: State and federal laws protecting confidential business information

Service Contract Regulations: State-specific regulations governing service contracts and warranties

Export Administration Regulations (EAR): Federal regulations controlling the export of commercial and dual-use technologies

International Traffic in Arms Regulations (ITAR): Federal regulations controlling the export of defense-related technologies

State Labor Laws: State-specific regulations governing employment relationships and worker classifications

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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