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Software Maintenance Agreements: What You Need To Know

Software Maintenance AgreementsFor software agreements, business owners think of development contracts and licensing. Yet software maintenance agreements play an important role.

Software application maintenance can be part of the original software development agreement. Or it can be a standalone contract. Either the developer or a third party agrees to update and maintain the application.

Beware Of The Disappearing Software Maintenance Provider

Of course, your agreement is only as good as the services provider.

For example, let’s say your business has an app developed by a small team in India. And the development agreement provided for one year of maintenance for a flat fee.

But if the team doesn’t respond to emails and other attempts to contact them, what are you going to do? You’ll need to find a replacement because you can’t enforce the maintenance agreement.

Scope of Work

Your software maintenance contract should define the scope of work. Will there be remote support? On-site support? Updates? Upgrades? How quickly will there be a response to a request for help?

And the related costs…

  • Will there be a flat fee?
  • Extra costs for working nights and weekends?
  • If support is on-site, will you pay for travel time?

Software Changes And Ownership

Intellectual property ownership is also a concern. A good app development agreement will make it clear what you own and what’s licensed.

Similarly, what if your provider modifies the application as part of maintenance? You’ll want to know the intellectual property rights you’re getting to the changes.

Where To Get Software Maintenance Agreements

Do you need a separate software maintenance agreement? Or maintenance provisions included in an app development contract?

An experienced software attorney can prepare the legalese to protect your rights. Set up a phone consultation now with Software Lawyer Mike Young to discuss what you need.

Mike Young, Esq.

Author Mike Young, Esq.

Mike Young has been practicing business and technology law since 1994 and is an angel investor in startups. He's been an entrepreneur since 1988. To get legal help from Attorney Young, click here now or call 214-546-4247 to schedule a phone consultation.

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