What is a Software Support Contract?
When to use a Software Support Contract:
- Your business will be providing software support services to another business or individual.
- You will be contracting with a business to receive software support services
This is made effective as of , by and between of , , , and of , , .
. DESCRIPTION OF SERVICES. Beginning on , will provide to the services described in the attached Exhibit (collectively, the "Services").
. ACCESS TO DATA AND COMPUTER. On request, Service Recipient agrees to provide Service Provider with printouts of the Software or of data in storage that exhibits evidence of a programming error. Recipient further agrees to provide Service Provider with access to Service Recipients computer and sufficient computer time to enable Service Provider to duplicate the problem, determine that it results from the Software, and, after corrective action or replacement has taken place, determine that the problem has been alleviated.
. PROPRIETARY RIGHTS. Service Recipient acknowledges and agrees that corrected or replacement Software and associated documentation remain the property of and constitute a trade secret of . Service Recipient further agrees that corrected or replacement Software and associated documentation shall be delivered to Service Recipient only after Service Recipient executes a subsequent license Agreement with governing its use, unless Service Provider, at its option, waives this requirement for execution of a subsequent license Agreement.
. MODIFICATIONS EXCLUDED. Service Provider shall not be obligated to provide support services pursuant to this Contract with respect to any modifications of the Software made by Service Recipient or to any computer program incorporating all or any part of the Software. If Service Provider corrects defects or problems attributable to errors made by Service Recipient or corrections or modifications made by Service Recipient, Service Recipient agrees to pay Service Provider the Service Providers then current standard rates for time and material.
. PAYMENT. In consideration of the services to be performed by the Service Provider, the Client agrees to compensate the Service Provider for the services rendered as follows:
Payment shall be made to . Service Provider's fees for the services specified in Paragraph 2, above, and for any additional services, will be charged
Any additional services not specified in Paragraph 2, above, will be charged to Client on an hourly rate basis at Service Provider's standard hourly rate of per hour.
Service Recipient agrees to pay Service Provider for all travel and other incidental expenses, including meals, telephone charges, and shipping costs, incurred in connection with Service Providers performance of its duties under this Contract.Payment discount terms include a percent discount if the total bill is paid within days.
In addition to any other right or remedy provided by law, if fails to pay for the Services when due, has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
. COSTS AND EXPENSES
In addition to the fees specified above, Client will reimburse Service Provider for any incidental costs and expenses Service Provider incurs in performing services for Client under this Contract, including, but not limited to, secretarial and similar charges, telephone calls, photocopying and related expenses, shipping and mailing charges, document filing fees, other government fees, notary fees, and similar expenses. Costs and expenses will be billed to Client on a basis and will be due and payable within days thereafter.
. TAXES. Service Recipient shall be responsible for all sales or use taxes or any other taxes, fees, or duties imposed by federal, state, local, or other governments or governmental entities on or with respect to the services rendered or property provided by Service Provider pursuant to this Contract.
. TERM. This Contract
. CONFIDENTIALITY. , and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of , or divulge, disclose, or communicate in any manner, any information that is proprietary to . and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
|a.||The failure to make a required payment when due.|
|b.||The insolvency or bankruptcy of either party.|
|c.||The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.|
|d.||The failure to make available or deliver the Services in the time and manner provided for in this Contract.|
|e.||The occurrence of a default on the part of the Service Recipient of the Contract pursuant to which Service Recipient obtained the Software.|
. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
. SIGNATORIES. This Agreement shall be signed on behalf of by and on behalf of by and effective as of the date first above written.
Software Support Contract FAQs
Does a software support company always need to make Software Support Contracts?
Regardless of whether the engagement is long- or short-term, it is important to capture the details of your agreements with the client in writing. Making this document could be a smart move for any software support technician due to the benefits listed below:
- Fee requirements are clearly defined
- Roles and responsibilities are understood by everyone
- Neither party is surprised by how long the engagement lasts
Anyone who fails to sign a Software Support Agreement can anticipate certain issues, including last-minute changes and questions about timing.
What information is necessary for a software technician to include in a Software Support Agreement?
Specifics to add are:
- The name and address of the client
- What type of services will be delivered
- How payment will be made
- What the start and end dates are
As you might hope, Software Support Contracts that you make with Rocket Lawyer also contain the standard legalese about the independent work relationship between the parties, liability for losses, and lastly, dispute resolution. While building your agreement, you also can select its state of jurisdiction. More personalization is permitted, as necessary.
What does it normally cost for a lawyer to write a Software Support Agreement?
The good news is that you do not have to pay hundreds of dollars in fees to put your agreement in writing. When using the document tools on Rocket Lawyer, anyone can create a free Software Support Contract online today. Your contract will be constructed piece by piece, as you provide more information. Simply tap or click the button that says "Make document" to begin.
Am I required to do anything else after I draft a Software Support Contract?
In order to make a Software Support Contract truly legal, you must sign it, electronically or otherwise. RocketSign® electronic signatures can help you do so. Your client should always get copies of your fully executed contract. With a membership, you also can save it in PDF format or as a Word document, make a copy, and print it as necessary.
Would anyone be able to review my Software Support Agreement before I sign?
If you do it on your own, finding an attorney to comment on your agreement can be expensive. Some lawyers will not even accept requests to review a document that they didn't draft. If an attorney does offer to provide feedback about your document, they would still demand their standard fees for doing it. An easier way to double-check your document is through Rocket Lawyer attorney services. As a Premium member, you can get your contracts reviewed or send any questions. Whether you need to make another Software Support Agreement or other documents, Rocket Lawyer is by your side.