This software maintenance agreement var template has 5 pages and is a MS Word file type listed under our software & technology documents.
Sample of our software maintenance agreement var template:
SOFTWARE MAINTENANCE AGREEMENT This Software Maintenance Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SERVICE PROVIDER NAME] (the "Service Provider"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS Company and Service Provider have concluded a Value Added Reseller Agreement (hereinafter referred to as the "VAR Agreement") on, [DATE] with respect to certain Software Products referenced in Exhibit [SPECIFY] to the said Agreement (hereinafter referred to as the "Software"); WHEREAS Company wishes to sell to Provider and Provider wishes to purchase from Company the services of maintenance and support for the Software pursuant to this Agreement; NOW THEREFORE, consideration of the mutual promises herein, Service Provider and Company agree as follows: SCOPE OF AGREEMENT During the term of this Agreement, as set forth in Section 2, Company agrees to furnish to Service Provider the following services for the maintenance and support of the Software (which shall hereinafter collectively be referred to as the "Services"): Software Update and Correction Service As part of the Software Update and Correction Service, Company shall promptly provide to Service Provider: any known problem resolutions relating to the Software as such resolutions become known to Company; corrections for problems that Company diagnoses as defects in a currently supported version of the Software; all modifications, refinements, and enhancements ("Improvements") which Company to incorporates into and makes a part of the Software; new releases of the Software which Company elects to make available to its general client base; Telephone Support Service Telephone Support Service includes Service Provider having direct telephone access to employees of Company who have the necessary technical expertise and experience to understand and solve Service Provider's inquiries concerning the Software failing to work as set out in the VAR Agreement and to clarify Documentation when same is either insufficient or unclear. Such direct telephone access shall be available Monday through Friday, exclusive of statutory holidays, from [HOUR] to [HOUR] [SPECIFY TIME ZONE]. Company shall be obligated to provide a response to such telephone inquiries as soon as is practically possible but, in no event, shall such response take more than [NUMBER] business hours to provide. In the event that such response is not satisfactory to Service Provider, acting reasonably, then Company shall promptly provide Software Repair Services. Software Repair Service Should the Software not operate as set out in the VAR Agreement, Company will promptly repair the Software at no additional charge to Service Provider. TERM The term of this Agreement shall be the same as that of the VAR Agreement. CHARGES AND PAYMENT Upon execution of this Agreement, service Provider shall pay to Company the sum of [AMOUNT] on a [WEEKLY/MONTHLY/ANNUAL] basis, which represents the total amount that Service Provider will pay for the Services provided by Company pursuant to Exhibit [SPECIFY]. WARRANTY Company warrants for a period of [NUMBER] days from the date of their being rendered, that the Services will remedy the problem to which they are related. EQUIPMENT/SOFTWARE COMPANY shall use the equipment (hardware and software) provided by Service Provider solely for the provision of the services covered under this Agreement. INSURANCE Company hereby accepts total responsibility for the equipment provided by Service Provider pursuant to Section 5 above. Company shall provide Service Provider with a certificate of insurance indicating coverage for at least [AMOUNT] to cover its liability in the event the equipment is damaged or destroyed. The certificate shall specifically cover the equipment provided by Service Provider pursuant to Section 5 above and shall name Service Provider as beneficiary in respect of losses or claims. Such insurance shall remain in full force and effect throughout the term of this Agreement. NON-DISCLOSURE The provisions governing Non-Disclosure set out in the VAR Agreement in Article [NUMBER] shall apply to this Agreement mutatis mutandis. TITLE TO WORK Upon payment being made in accordance with the terms of this Agreement, all title, rights and interest in all software, printed material and other physical media containing designs, symbols, inventions and reports performed, created or written in accordance with this Agreement along with any rights of intellectual property related thereto, including but not limited to patents, copyrights, trademarks and industrial designs (hereinafter referred to as the "Work") shall vest in and inure to the benefit of Service Provider. At Service Provider's request, Company shall sign any additional documents necessary (as the case may be) to give full effect to Service Provider's title to the Work
