Software maintenance agreement

As software maintenance agreements go, this one is short, straightforward and easy to use.

The core maintenance services covered are the provision and/or application of software updates and upgrades. This agreement includes all those provisions that you might expect to find in any maintenance agreement for software, but not a great deal else. The details of the services themselves are set out in a service level agreement, which is attached as a schedule.

If you are putting together a document that covers both software support and maintenance services, see these documents instead.

*On we publish various consultancy agreements, including a version of this document which omits the text attributing authorship to Docular.
Maintenance services

Contents of this agreement

Under this agreement, the maintenance services are provided in relation to specific, identified software. Maintenance services are defined to cover the supply and/or application of upgrades and updates to the software being maintained. The service provider is expected to provide the services to a defined standard (eg with reasonable care and skill) and may be given the right to suspend the services in the event of non-payment by the customer.

More detail about the manner in which the maintenance services are to be provided is contained in service level schedule. That schedule covers such matters as the regularity of upgrades, the giving of advanced notice in relation to the release of updates and upgrades, the manner of supply/application of updates and upgrades, and the consequences of the customer refusing to apply or have applied to the software the updates and upgrades.

The customer may be obliged to co-operate with the service provider in general terms, and also may be required to give to the service provider such access to its computer systems as is necessary for the performance of the maintenance services.

The templates allows that the service provider may be permitted to subcontract, or prohibited from subcontracting, its obligations under the contract.

In addition to these maintenance-specific clauses, the template also includes clauses covering charges, payments, warranties, limitations of liability, force majeure, termination, notices, interpretation and general boilerplate matters.

Alternative software maintenance documents

These documents are available for editing online (Docular) and as simple MS Word documents (

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