Support and maintenance contract (service contract)

The service contract is a guarantee of the long-term functionality of the software and the interconnectedness. For the customer it is a guarantee of trouble-free use, for the supplier it is a source of income after the completion of the software delivery.

As a customer of IT services, you should conclude the service contract simultaneously with the development contract. Over time, your negotiating position weakens and you become dependent on the supplier. But if you negotiate a good service contract, you can reduce the risks of vendor lock-in and secure a long-term profitable cooperation.

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How service contract can help

 

Service contract from a supplier's perspective

  • It helps to distinguish between the legal liability regime and post-development support.
  • Clarifies the scope of your obligations. While the customer may see regular backups and prophylaxis as a no brainer, it can be extra work for you.
  • Clearly set response times and any resolution times.
  • Explain the pricing model for service delivery. Some people like a flat rate, some like an hourly rate, and some like a combination of the two (allocated hours and a rate for extra work).
  • Will allow the limiting of liability in case of potential outages.
  • This will align the expectations of both parties.

 

Service contract from the customer's perspective

  • Only you understand the consequences of a malfunctioning work. Can you handle a few hours of outage, or will you lose millions in revenue because of it? A service contract allows you to agree on the response promptness. And possible penalties for non-compliance.
  • Errors can vary in severity. Sometimes they're minor, sometimes they're major problems. It should be clear in advance about how you will assess their severity. For example, with a service contract.
  • Do you only want to deal with defects or something more? For example, are you interested in user support, backups, or other customizations according to your current requirements? Negotiating a service contract is the right time to address them.
  • If the vendor will be releasing regular updates, you should look into licensing the new parts of the code. So that you always have the rights to the current version of the software.
  • Basic information
  • What contract icnludes?
  • What do we need?
  • What do you get?

What is a service contract for?

A support and maintenance agreement (sometimes also called a service contract) is entered into to ensure the long-term, trouble-free operation of the software. It seeks to achieve this by:

  • preventive maintenance,
  • reactive maintenance,
  • or by providing support

Price: from 15 000 CZK + VAT

From incidents, to payments, to confidentiality

In the support and maintenance contract, we set up:

  • Categorization of incidents, for example by their impact on the functioning of the software
  • Service level (response times x time to resolution)
  • How incidents are resolved - definition of what "resolution" is, whether workarounds are possible, whether the cause needs to be removed, definition and scope of services provided, but also, for example, which versions of the software are covered
  • Payments
  • Representations and warranties (not to be confused with warranty in the sense of a guarantee period)
  • Limitation of liability (if you are a supplier)
  • Assignment of ownership rights/license to emerging IP and how to transfer
  • Resolution of third party intellectual property rights
  • The period for which the contract is concluded
  • Confidentiality and personal data (unless you have separate agreements)

The content of the agreement will always be set according to the client's requirements, the type of cooperation between the parties and the level of trust between them. At the client's request, a service contract can also be prepared as part of an SLA or other contract which will additionally govern:

  • Determination of measurable characteristics and service parameters
  • Time parameter of services, for example, minimum annual availability time
  • Service operating time, possibility of downtime
  • Method of measuring service performance

Information about the service and the other party

In order for us to prepare a contract for you according to your requirements, we need to know:

  • Information about the service (software) covered by the service contract
  • Draft service obligations. Are you only interested in troubleshooting or are you also interested in user support? Do you want to set response or other times? What service parameters have you worked out so far?
  • Description of the cooperation with the other party. Is this a relationship based on an existing collaboration or is this a new partner?
  • Information on what the contract should look like. Traditional language or friendly style? Fair terms or no compromise?

Our service contract

  • Is clear, simply written and reflects the uniqueness of you and the services you provide
  • Gives you insight into related legal issues (GDPR, content liability, copyright, tax) and the ability to consult on them
  • Before drafting the contract, we will assess the legal options for setting up your contractual relationship and selecting the most suitable option
  • Includes explanations and tips for using the contract correctly in the future
  • Is a reliable partner for long-term cooperation

We can help you set up a support and maintenance agreement

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