What is a computer systems maintenance contract?

A computer systems maintenance contract is a formal agreement between a company or individual and an IT service provider (Information Technology) to guarantee the correct operation and continuous support of computer systems.

When to use this contract?

The computer systems maintenance contract is used when a company or individual wants to ensure the maintenance and continuous support of their computer systems.

When not to use this contract?

If, in addition to this maintenance service, it is intended to transfer already developed software that is the property of the service provider, it will be necessary to draw up the respective software assignment contract.

In the case of only wishing to assign the right to use a software owned by the supplier or its company (that is, to allow its use without transferring the intellectual property of the software), the corresponding software use license agreement must be formalized.

Essential content

• Information of the parties.
• Price of the service and method of payment.
• Main characteristics of the service or maintenance.
• Additional services.
• Option to establish an urgent service.
• Faults or activities included or omitted.
• Calendar for maintenance and repair activities.
• Contract duration.
• Definition of minimum quality standards.
• Jurisdiction and applicable law.

Optional content

• Confidentiality clause
• Non-compete clause

Applicable law

The law (or “regulations”) applicable to this model is, generally, that of articles 1,542 to 1,545 and 1,583 of the Civil Code and the Commercial Code.

In addition, it must also comply with the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law.

How much does it cost to make this contract with LexDoka?

Currently, we do not have an automated model for this contract. However, if you are interested, please let us know through this contact form, and we will take it into account to develop it and notify you when it is available. If you need it urgently, LexDoka offers a personalized contract automation service where we will work together with you to see what your needs are and develop it exclusively for you in the shortest possible time. If you are interested contact us.