Software Support and Maintenance Agreement Template

Introduction

A Software Support and Maintenance Agreement (SSMA) is a critical component of any software development and deployment project. This agreement outlines the responsibilities of the service provider and the client, specifying the terms under which the software will be maintained and supported. This document is essential to ensure that both parties have clear expectations regarding the software’s performance, availability of support, and any maintenance activities that may be required.

1. Purpose and Scope

The primary purpose of this agreement is to define the level of support and maintenance services that will be provided to ensure the software operates effectively and efficiently. The scope typically includes:

• Routine Maintenance: Regular updates and patches to ensure the software remains compatible with evolving technologies and secure from vulnerabilities.
• Technical Support: Assistance provided to resolve issues that may arise during the use of the software.
• Bug Fixes: Correction of errors or defects identified in the software after deployment.
• Enhancements: Improvements or new features added to the software to enhance its functionality or performance.

2. Definitions

• Software: The application or system covered under this agreement.
• Support Services: Assistance provided to users for troubleshooting, issue resolution, and operational guidance.
• Maintenance Services: Activities that ensure the software continues to operate as intended, including updates and upgrades.

3. Responsibilities of the Service Provider

The service provider agrees to:

• Provide Support: Offer technical support during agreed-upon hours. This may include telephone support, email support, or live chat.
• Perform Maintenance: Regularly update the software to address security vulnerabilities, compatibility issues, and to implement improvements.
• Resolve Issues: Address and resolve software defects and issues in a timely manner.
• Document Changes: Keep detailed records of all maintenance activities and changes made to the software.

4. Responsibilities of the Client

The client agrees to:

• Report Issues: Provide detailed information about any software issues or defects.
• Cooperate with Support: Assist the service provider by providing access to relevant systems and information necessary to resolve issues.
• Adhere to Procedures: Follow any guidelines or procedures outlined by the service provider for reporting issues or requesting support.

5. Service Levels

The agreement should specify the service levels for:

• Response Times: The maximum time within which the service provider will acknowledge receipt of a support request.
• Resolution Times: The maximum time within which the service provider will resolve issues, categorized by severity level (e.g., critical, high, medium, low).
• Availability: The hours during which support services are available, including any provisions for emergency support outside normal hours.

6. Maintenance Schedule

The maintenance schedule includes:

• Routine Updates: Frequency and timing of regular software updates.
• Emergency Patches: Procedures for applying urgent patches outside the regular schedule.
• Version Upgrades: Planned upgrades to major new versions of the software, including timelines and any impact on system availability.

7. Fees and Payment Terms

The agreement should outline:

• Fees: The cost of support and maintenance services, including any additional fees for emergency support or out-of-hours services.
• Payment Terms: Payment schedule, invoicing procedures, and any penalties for late payments.

8. Term and Termination

The term of the agreement and conditions under which it can be terminated should be defined:

• Term: Duration of the agreement and any provisions for renewal.
• Termination: Conditions under which either party can terminate the agreement, including notice periods and any penalties.

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of the agreement.

10. Liability and Indemnity

The agreement should specify:

• Liability: Limits on the service provider’s liability for any damages arising from software issues.
• Indemnity: Provisions for indemnification against third-party claims related to the software.

11. Dispute Resolution

The agreement should include a mechanism for resolving disputes, such as:

• Mediation: An initial attempt to resolve disputes through mediation.
• Arbitration: Procedures for arbitration if mediation fails.

12. Miscellaneous Provisions

• Amendments: Procedures for making changes to the agreement.
• Governing Law: The legal jurisdiction under which the agreement will be governed.

Conclusion

A well-drafted Software Support and Maintenance Agreement is essential for ensuring that software remains functional, secure, and up-to-date. By clearly defining the roles and responsibilities of both parties, the agreement helps to prevent misunderstandings and ensures a smooth operational environment for the software.