Does the customer have any obligation under the agreement to keep the charges secret?
If you include this information in the definition of "Provider Confidential Information", then yes (standard and premium documents only).
As regards error-fixing, does the supplier commit to any response times under the support agreement?
A response and resolution time matrix is included with the service level agreement. This classifies each issue into one of four types: critical, serious, moderate and minor. Different response times and target resolution times can be specified in relation to each type of issue.
Can the vendor sub-contract the supply of maintenance services?
The agreement includes an express provision that may either permit or prohibit sub-contracting.
What are the consequences, under the agreement, if the customer does not pay the charges?
A failure to pay will usually be a material breach of contract, and therefore give rise to a right of termination. An optional clause in the agreement allows the supplier to suspend the services in these circumstances, without going so far as to terminate the agreement.
Does the customer get the source code to modifications made under this software support agreement?
The agreement may be adapted so that the customer gets access to the source code.
To what extent can this cover the design and development of new software?
Although there are provisions covering development work, the software maintenance agreement is not suitable for significant development projects, or at least it is not suitable without some serious editing. Under the development services section, which is set out in the service level agreement, the supply of development services can be an obligation for the supplier, or can be conditional upon the further agreement of the supplier in relation to each request for such services.
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