Software Support Agreement
This Software Support Agreement document sets out the terms and conditions under which a software supplier will maintain the software for a customer.
5.0 (2 reviews)
Last updated December 18, 2024
Under 15 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
This agreement is suitable for specific or customised software development between a supplier and customer. If you have a software program that needs to be maintained or you are providing maintenance service for software, you need to set out the relevant terms and conditions within a Software Support Agreement. A Software Support Agreement sets out, in writing, terms including the maintenance services to be provided and the related charges, matters relating to software and termination, warranties and liabilities. It can also help protect your Confidential and Personal Information and prevent disputes arising throughout the term of the agreement.
The Legal Risk Score of a Software Support Agreement Template
Our legal team have marked this document as low risk considering:
- The document allows the supplier to adjust maintenance fees annually based on the Consumer Price Index or a set percentage, which could lead to unexpected cost increases for the customer.
- The supplier is not held responsible for software errors or defects that arise from modifications made by anyone other than the supplier, potentially leaving the customer with limited recourse in such situations.
- The supplier's commitment to maintaining the software is limited to efforts "reasonable commercial endeavours," which may not guarantee a resolution to all software issues, potentially affecting the customer's operations.
Software Support Agreement Checklist
Complete your free Software Support Agreement with our checklist
Verify Contact Information
Ensure that the contact and address details for notices are accurate and up-to-date for both the supplier and customer as specified in Schedule 1.
Review Maintenance Services
Confirm that the maintenance services listed in Schedule 1 align with the customer's needs and expectations for software support.
Check Commencement and Termination Dates
Double-check the commencement date and understand the conditions under which the agreement can be terminated to ensure alignment with the customer's project timelines and obligations.
Confirm Fee Structure
Review the maintenance fee structure, including any potential additional charges and the terms under which fees might increase, to ensure budget alignment and avoid unexpected expenses.
Use this Software Support Agreement if:
- You would like to provide maintenance services for software programs to another entity; or
- You would like to receive maintenance services for software programs from another entity.
What does the Equipment Maintenance Agreement cover?
- Duration of agreement
- Maintenance Services
- Manual of specifications
- Ownership of software
- Maintenance fees
- Maintenance services
- Exclusions
- Customer’s Obligations
- Warranties
- Liability
- Confidentiality & Privacy
- Termination & notices
- Waiver, variation, severability & Dispute resolution
Further information:
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