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Software Maintenance Contract for New Zealand

Software Maintenance Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions for ongoing software maintenance services. This document outlines the scope of maintenance services, service level agreements, response times, and support obligations between a software service provider and a client. It incorporates specific requirements under New Zealand's Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020, ensuring compliance with local legal frameworks while defining the rights, responsibilities, and liabilities of both parties in relation to software maintenance and support services.

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Software Maintenance Contract

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What is a Software Maintenance Contract?

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.

What sections should be included in a Software Maintenance Contract?

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

What sections are optional to include in a Software Maintenance Contract?

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

What schedules should be included in a Software Maintenance Contract?

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
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

Industries







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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