Software Maintenance Contract
Software Maintenance Contract
This Software Maintenance Contract (the "Contract") is entered into as of [Date] by and between [Software Provider Name], at [Software Provider Address] (the "Developer") and [Client's Name], at [Client's Address] (the "Customer").
1. Scope of Services
1.1 The Provider agrees to provide maintenance and support services for the following software products:
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XYZ Accounting Software
A cloud-based accounting solution tailored for small businesses, providing features such as invoicing, expense tracking, and financial reporting.
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ABC Customer Relationship Management (CRM) Software
An on-premises CRM system designed for enterprise clients, offering contact management, sales automation, and customer service functionalities.
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LMN Inventory Management System
A web-based inventory management platform suited for retail operations, offering inventory tracking, order management, and stock alerts.
1.2 Maintenance and support services include but are not limited to:
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Bug fixes
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Updates and patches
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Technical support
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Remote troubleshooting
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Documentation updates
2. Service Level Agreement (SLA)
The Provider shall adhere to the following SLA:
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Response Time - The Provider shall acknowledge reported issues within 24 hours of receipt during standard business hours, which are defined as Monday to Friday, 9:00 AM to 5:00 PM
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Availability - The Provider's support services shall be available during standard business hours, which are defined as Monday through Friday, 9:00 AM to 5:00 PM, Eastern Standard Time, excluding public holidays recognized in the United States, including New Year's Day, Independence Day, Thanksgiving Day, and Christmas Day.
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Client Responsibilities - The Client agrees to report issues promptly to the Provider's designated support channels and provide all necessary information for troubleshooting, including but not limited to error messages, screenshots, and steps to reproduce the issue
The Client agrees to report issues promptly and provide the necessary information for troubleshooting.
3. Payment Terms
The Client is required to issue a monthly payment to the Provider for the provided maintenance services. The said monthly payment is agreed to amount to $X. This payment is expected to be completed within a timeframe of 30 days immediately following the instance of the client's receipt of the invoice. The said invoice is to be generated and issued by the Provider.
4. Term and Termination
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Commencement - This Contract shall commence on the Effective Date and continue for an initial term of one (1) year unless terminated earlier as provided herein.
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Termination by Either Party - Either party may terminate this Contract upon thirty (30) days prior written notice to the other party if the other party breaches any material provision of this Contract.
5. Intellectual Property
The Client acknowledges that all intellectual property rights to the software products remain with the Provider. The Provider grants the Client a non-exclusive license to use the software products during the term of this Contract.
6. Confidentiality
It has been mutually agreed upon by both parties involved in this contract that they will preserve and uphold the confidentiality of any information that is proprietary or confidential, which may be disclosed throughout this contract.
7. Liability and Indemnification
The Provider shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to this Contract. Additionally, the Client agrees to indemnify and hold harmless the Provider from any claims, damages, or losses arising from the Client's use of the software products or breach of this Contract.
8. Miscellaneous Provisions
This Contract constitutes the entire agreement between the parties and supersedes any prior agreements or understandings, whether oral or written. Any amendments to this Contract must be made in writing and signed by both parties.
9. Dispute Resolution
In the event of any dispute arising out of or relating to this Contract, the parties agree to negotiate in good faith to resolve the dispute. If negotiation fails, the dispute shall be resolved through arbitration by a single arbitrator appointed by the laws of the State of [Specify governing law] and conducted in [Location].
IN WITNESS WHEREOF, the parties have executed this Software Maintenance Contract as of the Effective Date.
[Software Provider Name]
[Date Signed]
[Client's Name]
[Date Signed]
