This Software Maintenance Contract is designed for use when establishing ongoing software maintenance and support services in New Zealand. It is particularly relevant when a business requires regular software updates, bug fixes, technical support, and system maintenance from a service provider. The document addresses key aspects required under New Zealand law, including consumer protection, privacy requirements, and electronic transaction regulations. It includes detailed service level agreements, maintenance scope, response times, and fee structures, making it suitable for both standard and customized software maintenance arrangements. The contract ensures compliance with New Zealand's legal framework while providing clear guidelines for service delivery, quality standards, and dispute resolution.
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1. Parties: Identification of the service provider and the customer, including their legal details and registered addresses
2. Background: Context of the agreement, including reference to the original software license or purchase if applicable
3. Definitions: Defined terms used throughout the agreement, including technical terminology specific to software maintenance
4. Scope of Services: Detailed description of maintenance services, including preventive maintenance, updates, bug fixes, and support levels
5. Term and Renewal: Duration of the agreement and conditions for renewal or extension
6. Service Provider Obligations: Specific responsibilities of the service provider, including response times, service delivery standards, and reporting
7. Customer Obligations: Customer responsibilities, including access provision, cooperation requirements, and usage restrictions
8. Service Levels: Defined performance metrics, response times, and service quality standards
9. Fees and Payment: Maintenance fees, payment terms, invoicing procedures, and any additional charges
10. Intellectual Property: Rights regarding modifications, updates, and any new developments during maintenance
11. Confidentiality: Protection of confidential information exchanged during service delivery
12. Liability and Indemnity: Limitations of liability, warranties, and indemnification provisions
13. Termination: Grounds for termination, notice requirements, and consequences of termination
14. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Change Management: Procedures for requesting and implementing changes to the maintenance services or service levels
2. Disaster Recovery: Procedures and responsibilities for system recovery in case of major incidents
3. Security Requirements: Specific security protocols and compliance requirements, particularly relevant for sensitive data handling
4. Transition Services: Procedures for handover at the end of the contract, particularly relevant for complex systems
5. Third-Party Software: Provisions regarding maintenance of third-party components, if applicable
6. Service Credits: Financial compensation mechanism for service level failures, typically used in larger contracts
7. Audit Rights: Customer's right to audit service provider's performance and compliance, typically in regulated industries
8. Insurance: Specific insurance requirements, particularly relevant for high-value or high-risk systems
1. Schedule 1 - Maintained Software: Detailed list of software components covered under the maintenance agreement
2. Schedule 2 - Service Level Agreement: Detailed service levels, measurement methods, and reporting requirements
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, including base maintenance fees and additional service charges
4. Schedule 4 - Support Procedures: Detailed procedures for requesting and receiving support, including contact points and escalation paths
5. Schedule 5 - Technical Requirements: Technical specifications and minimum system requirements
6. Appendix A - Incident Classification: Definitions and response times for different types of incidents
7. Appendix B - Report Templates: Standard formats for service level reports and performance monitoring
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
E-commerce
Banking
Insurance
Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Operations
Technical Support
Service Delivery
Contract Management
Vendor Management
Risk and Compliance
Software Development
Systems Administration
Relevant Roles
Chief Technology Officer
IT Manager
Software Development Manager
Procurement Manager
Legal Counsel
Contract Manager
IT Service Delivery Manager
Systems Administrator
Technical Support Manager
Operations Manager
Business Analyst
Service Level Manager
Vendor Relations Manager
IT Director
Chief Information Officer
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