SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT
SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT
DATE: [Date]
PARTIES
1. SERVICE PROVIDER (SOFTWARE COMPANY):
- Name / Title: [Company Name]
- Tax Number / Turkish National Identity Number: [Tax Number or Turkish National Identity Number]
- Address: [Address]
- Phone: [Phone Number]
- Email: [Email Address]
- Website: [Website Address]
2. SERVICE RECIPIENT (CUSTOMER):
- Name / Title: [Customer Name or Company Name]
- Tax Number / Turkish National Identity Number: [Tax Number or Turkish National Identity Number]
- Address: [Address]
- Phone: [Phone Number]
- Email: [Email Address]
ARTICLE 1 – SUBJECT OF THE AGREEMENT
This agreement is drawn up to define the terms and conditions for the provision of maintenance, updating, and support services for the [Software Name] software to [Customer], and to outline the rights and obligations of the parties
ARTICLE 2 – SCOPE OF SERVICE
2.1. Maintenance and Update Services
- Performing security updates for the software.
- Integration and development of new features
- Fixing bugs and errors identified in the software.
- Database and server optimizations
2.2. Technical Support Services
- Support is provided via phone, email, and remote connection
- Priority response to urgent support requests
- User training and consulting services
2.3. Performance and Safety Checks
- The software undergoes regular performance testing.
- Detecting and closing cybersecurity vulnerabilities
- Data backup and recovery services
ARTICLE 3 – SERVICE FEE AND PAYMENT TERMS
3.1. The parties agree that [Amount] TL + VAT will be paid for software maintenance and support services
3.2. Payment will be made as follows:
- As a monthly/annual subscription fee
- Cash payment / Installment payment options
3.3. Payment methods:
- Bank transfer / EFT
- Credit card / Automatic payment
3.4. If the customer fails to make timely payment, services may be suspended and a late payment penalty may be applied.
ARTICLE 4 – DURATION AND TERMINATION CONDITIONS
4.1. This agreement [Start Date] and [End Date] .
4.2. Either party may terminate the contract by giving written notice [Number of Days] days in advance .
4.3. The service provider may terminate the contract unilaterally in the following cases:
- Failure to fulfill payment obligation
- Unauthorized modification or transfer of the software to third parties
- Customer misuse of the software
ARTICLE 5 – RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. OBLIGATIONS OF THE SERVICE PROVIDER
- the software is up-to-date and secure.
- Responding to support requests within [Hours/Days] at the latest
- Perform system updates and patches at regular intervals
5.2. CUSTOMER'S OBLIGATIONS
- software licensing rights.
- Sharing the necessary information and access with the service provider
- Keep systems open and accessible so that updates can be applied
ARTICLE 6 – PRIVACY AND INTELLECTUAL PROPERTY RIGHTS
6.1. The service provider undertakes to keep customer data confidential and not to share it with third parties.
6.2. Unauthorized reproduction, sale, or modification of the software in any way is prohibited.
6.3. The parties agree that any information obtained during the contract period will be considered confidential
ARTICLE 7 – LIMITATIONS OF LIABILITY
7.1. The service provider is not responsible for losses caused by force majeure events (natural disasters, cyber attacks, server crashes, etc.)
7.2. The service provider data loss resulting from user errors .
ARTICLE 8 – RESOLUTION OF DISPUTES
8.1. Any disputes that may arise between the parties shall primarily through conciliation .
8.2. In case of dispute, the [Competent Court] Courts and Enforcement Offices have jurisdiction.
ARTICLE 9 – FINAL PROVISIONS
9.1. This agreement has been drawn up and signed in two (2) copies by the parties with their free will .
9.2. This contract cannot be amended without the written consent.
9.3. This agreement shall enter into force from the date of signature.
SIGNATURES
Service Provider (Software Company):
Name / Title: [Service Provider]
Signature: ___________
Customer (Service Recipient):
Name / Title: [Customer]
Signature: ___________
Witnesses:
Name and Surname: [Witness 1] – Signature: ______
Name and Surname: [Witness 2] – Signature: ______
Notary Approval:
[Notary Name and Stamp]