Software maintenance contract: What is pure? (incl. pattern)

Software maintenance contract: What is it? (incl. pattern)

A professional Software maintenance contract is the foundation for a long-term successful and stable software solution. It not only creates legal clarity, but also defines the expectations and responsibilities between you as client and the service provider. But what points are indispensable in such a treaty? In this post you will learn which clauses may not be missing in any software maintenance contract and receive a practical pattern.

Why is a software maintenance contract so important?

Software is not a static product. It must be regularly adapted to new technical conditions, adjusted and developed by mistakes in order to maintain and expand its value. A maintenance contract, often referred to as Service Level Agreement (SLA), regulates precisely these aspects. It secures your investment, minimises downtime and ensures that your software will meet your company's requirements in the future.

According to a study by Gartner, the annual maintenance costs often account for 15-25% of the total IT costs of a company [1]. A clear contractual basis is therefore essential to control these costs and to draw the maximum benefit from your software.

The 10 most important components of a software maintenance contract

A comprehensive software maintenance contract should regulate the following points in detail in order to avoid misunderstandings and to ensure smooth cooperation.

Contract part Description

**1. Subject of contract * * Exact name of the software, including version number and any modules covered by the contract.

**2. Scope of performance * * Detailed listing of maintenance services. This distinguishes between the different types of [maintenance](/services/software maintenance and care).

**3. Reaction time * * Definition of service times and fixed time windows for reaction to and troubleshooting, often staggered according to priority.

**4. Classification of errors * * Classification of disorders in critique levels (e.g. critical errors, severe errors, slight errors) for prioritization.

**5. Payment * * Cost regulation: Monthly or annual flat rates, billing by effort or a combination of both.

**6. Duration & termination * * Defining the term of contract (e.g. 12 or 24 months) and the time limits and conditions for an ordinary or extraordinary termination.

**7. Commitments * * Obligations of the client, e.g. the provision of information, test environments or contact persons.

**8. Warranty & liability * * Provisions to ensure the service provided and the liability for damage.

**9. Confidentiality & Privacy * * Obligation of both parties to secrecy of business secrets and adherence to the date