Name software, list specific services provided under this Agreement, the place, terms for the provision of services, the cost of services, as well as the procedure for the provision of services are determined in the Agreement on the quality of technical support services provided (Appendix to this Agreement). 2. RIGHTS AND OBLIGATIONS OF THE PARTIES 2.1. The Contractor is obliged: 2.1.1. Provide the services provided for by this Agreement in an appropriate manner within the time limits established by the Parties. 2.1.2. Not later than the 01 (first) day of the month following the reporting period, provide the Customer with the Service Acceptance Certificate (Appendix) provided for in clause 1.1 of this Agreement and an invoice drawn up in accordance with the requirements of the current legislation of the Russian Federation. 2.1.3. Ensure compliance by the Contractor's employees providing the services provided for in clause
Software maintenance agreement sample form
Important
At the request of the Customer, the Contractor shall attach to the Certificate of Acceptance of Services Rendered a Report on Services Rendered, which contains:
- list of services rendered in the reporting month;
- list of services carried over to the next month;
The form of the document is presented in Appendix No. 2 to this Agreement. 3.6. If there are claims against the Contractor, the Customer is obliged, within working days from the date of receipt of the Act, to provide the Contractor with a written reasoned refusal to accept the services rendered. The grounds for refusing to accept the services provided under this Agreement may be the failure to comply with the requirements directly specified in the Application, as well as the comments on the deficiencies in the services provided in the LURVs.
Exhibitions
Attention
The parties to this Agreement recognize the implementation of procedures to prevent corruption and control their compliance. At the same time, the Parties shall make reasonable efforts to minimize the risk business relations with counterparties that may be involved in corrupt activities, as well as provide mutual assistance to each other in order to prevent corruption. At the same time, the Parties shall ensure the implementation of procedures for conducting inspections in order to prevent the risks of involving the Parties in corrupt activities.
9.7. The Parties acknowledge that their possible illegal actions and violation of the anti-corruption terms of this Agreement may entail adverse consequences - from downgrading the counterparty's reliability rating to significant restrictions on interaction with the counterparty, up to termination of this Agreement.
Agreement for maintenance of software products
The Parties guarantee that due process will be carried out on the facts presented as part of the execution of this Agreement in compliance with the principles of confidentiality and the application of effective measures to eliminate practical difficulties and prevent possible conflict situations. 9.9. The Parties guarantee complete confidentiality on the implementation of the anti-corruption terms of this Agreement, as well as the absence negative consequences both for the applying Party as a whole, and for specific employees of the applying Party who reported the fact of violations. 10. DISPUTES RESOLUTION 10.1. The Parties shall take all necessary measures to resolve disagreements that have arisen in the process of fulfilling the terms of this Agreement through negotiations.
Error 403
All payments under this Agreement shall be made in Russian rubles at the exchange rate of the Bank of the Russian Federation on the date of signing the Service Acceptance Certificate, according to the bank details of the Parties specified in this Agreement, unless other details are specified in the invoice or invoice for payment. All payments hereunder The Agreement is made in Russian rubles according to the bank details of the Parties specified in this Agreement, unless other details are indicated in the invoice for payment. 3.2. Payment is made according to the payment schedule in Appendix No. 1 to the Agreement quarterly upon the fact of the provision of services within 25 banking days from the date of receipt by the Customer of the invoice issued by the Contractor on the basis of the Services Acceptance Certificates signed by the Parties for the reporting period. 3.3.
Software technical support agreement
The total cost of the Services under this Agreement is 63,082.80 (Sixty-three thousand eighty-two and 80/100) US dollars, including 18% VAT of 9,622.80 (Nine thousand six hundred and twenty-two and 80/100) US dollars. By customer: CEO-UfaNIPIneft" // M. P. From the Contractor: General Director of Systems" // M.
P. Appendix to the agreement for the provision of services for the maintenance and technical support of software No. dated "" 2013 ACT of acceptance No. for the provision of services for the maintenance and technical support of software Moscow "" 201_ -UfaNIPIneft", referred to in hereinafter "Customer", . R., acting on the basis of the Charter, on the one hand, and Systems”, hereinafter referred to as the “Contractor”, .
Agreement for the transfer and information support of the software product
The Contractor is not responsible for the irrecoverable destruction of databases on the Customer's computers resulting from power failures, equipment failures, failure to follow user instructions (hereinafter referred to as UI) created by the Contractor or set out in the user manual specified in clause 1.1 of this Agreement, as well as for failure to comply By the customer of archival copying of databases or registration log. 7. PRIVACY 7.1. The Parties undertake not to disclose confidential information about each other and about their economic activity, technical developments, as well as not to use to the detriment of each other the information received as part of the implementation of this Agreement, both during the validity period and after the completion or termination of this Agreement. Any information regarding financial, commercial, technical (incl.
Software Maintenance Agreement
Contractor", on the one hand, and in the person acting on the basis, hereinafter referred to as the "Customer", on the other hand, hereinafter referred to as the "Parties", have concluded this agreement, hereinafter referred to as the "Agreement", as follows: 1. SUBJECT OF THE AGREEMENT 1.1. The Customer instructs, and the Contractor assumes obligations to support software products(hereinafter PP): "", registration number: . 1.2. The scope of support includes the following services: 1.2.1.
settings of the main parameters of the software; 1.2.2. modification, adjustment and completion of the software in relation to the needs of the Customer; 1.2.3. updating releases of configurations and program files of software; 1.2.4. consultations on working with software with the departure of the Contractor to the territory of the Customer; 1.2.5. remote support (without leaving the territory of the Customer); 2. RIGHTS AND OBLIGATIONS OF THE PARTIES 2.1.
Standard contract for software maintenance
The amount of payment is determined in accordance with the Price List. The payment term is determined by the date of posting the payment documents through the Customer's bank. 5.4. In case of delay in payment for information support by the Customer, he pays a penalty in the amount of % of the total amount of the overdue payment for each day of delay.
Info
TERM OF THE AGREEMENT 6.1. This Agreement is concluded for a period from "" to "" years. 6.2. This Agreement may be extended at the end of the validity period by mutual agreement of the parties. 7. RESPONSIBILITY OF THE PARTIES 7.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Contractor and the Customer bear property liability in accordance with applicable law.
7.2. If the Customer violates the terms of payment for information support, the Contractor has the right to terminate the information support by notifying the Customer in advance. 8.
Sample contract for software maintenance
If the Parties have not reached an agreement during the negotiation process, the disputes that have arisen are referred to the final resolution in Arbitration court location of the defendant. 11. MISCELLANEOUS 11.1. The Customer has the right to refuse to execute this Agreement at any time, having reimbursed the Contractor for the expenses actually incurred by him. 11.2. From the moment of signing this Agreement, all previous correspondence, documents and negotiations between the Parties on issues that are the subject of this Agreement become invalid. 11.3. The parties are obliged to inform each other in writing about changing your location, bank details, telephone numbers and contact persons within two days from the date of such change. 11.4. This Agreement is made in 2 original copies of equal legal force, one of which is transferred to the Contractor, one is with the Customer. 11.5.
STD SMK 246-2010 Agreement for the provision of services for information and after-sales service(with changes No. 1)
EFFECTIVE DATE: " 02 » July 2012 G.
With changes No. 1 from " 13 » July 2012 G.
The document was developed in accordance with the requirements
(name of the organization of the Customer, represented by the name of the position Full name in the genitive case of the representative of the company acting on the basis) , hereinafter referred to as the Customer, on the one hand, and (name of the organization of the Contractor, represented by the name of the position, full name in the genitive case of the representative of the company acting on the basis) , hereinafter referred to as the Contractor, on the other hand, collectively referred to as the "Parties", on the basis of the Accreditation Agreement (agreement number) from (“(day)” (month) year 20 of the agreement) have entered into this agreement as follows:
1.1. The Contractor undertakes to provide the Customer with software and database maintenance services in accordance with:
1.2. The quality, procedure and terms for the provision of services are ensured by this agreement, the requirements of the current legislation, the requirements of the quality management system, the approved standards of the Contractor, as well as additional requirements, the use of which the Contractor and the Customer deem necessary.
1.3. For the provision of services under this Agreement, the Customer pays the Contractor a fee in the amount, procedure and terms established by this Agreement.
2.1.4. Provide clarifications, if necessary, at the request of the Customer interested parties according to the materials submitted by the Contractor in accordance with this Agreement.
2.1.5. Carry out modification of software and databases by agreement of the parties and on the terms additional payment The Customer, provided that such modification is permitted by the copyright holder of such software and databases, with which the Contractor or the Customer has concluded an appropriate license agreement.
2.1.6. To install software and databases on the Customer's computers, provided that the Contractor or the Customer has the permission of the copyright holder of such software and databases, with which he has concluded an appropriate license agreement. When installing software and databases developed by the Contractor not under an author's order agreement with the Customer, transfer to the Customer non-exclusive rights to the installed software and databases by providing a login and password for using the software and databases.
2.1.9. Connect to systems electronic document management, accounting and information systems, provide access to databases and carry out their maintenance.
2.1.11. Ensure the operability of the installed (updated) software and databases, electronic document management systems, accounting and information systems subject to the fulfillment by the Customer of the obligations stipulated by this agreement. In case of inoperability of the software during the working hours specified in clause 2.1.12. of this agreement, the Contractor is obliged, within 30 minutes from the moment the malfunction is discovered, to identify the cause and send the Customer a written or oral explanation about the timing of troubleshooting.
2.1.13. Provide services at the places specified by the Customer during the Contractor's working hours (from 8.00 am to 5.30 pm except Saturdays, Sundays and holidays) on the basis of electronic, facsimile applications in any form or telephone messages of the Customer.
2.2.1. Determine independently the forms and methods of fulfillment of the obligations assumed under this agreement, based on the requirements of the Customer and the prevailing specific situations.
for support of software products in a person acting on the basis of , hereinafter referred to as " Executor”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Customer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor assumes obligations to maintain software products (hereinafter referred to as PP): "", registration number: .
1.2. Support includes the following services:
1.2.1. settings of the main parameters of the software;
1.2.2. modification, adjustment and completion of the software in relation to the needs of the Customer;
1.2.3. updating releases of configurations and program files of software;
1.2.4. consultations on working with software with the departure of the Contractor to the territory of the Customer;
1.2.5. remote support (without leaving the territory of the Customer);
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor undertakes to provide services in accordance with the list provided for in clause 1.2 of this Agreement. These services are provided by the Contractor only if the Customer complies with all the requirements of the Software License Agreement specified in clause 1.1 of this Agreement.
2.2. The Parties are obliged to agree on the date and time of the departures of the Contractor's specialist to the Customer at least one working day before the departure.
2.3. The Contractor's specialist is obliged to arrive at the Customer on the appointed day and time.
2.4. If it is necessary to postpone the date and / or time of the meeting, the Parties are obliged to inform each other about this no later than a working day before the scheduled meeting.
2.5. The Contractor undertakes to provide the services provided for by this agreement on weekdays, from Monday to Friday, from 10:00 to 20:00, but not more than 8 (eight) hours. Hours outside these limits are considered overtime. If the Customer needs to provide services by the Contractor during overtime, as well as on weekends and holidays, payment is made at higher rates in accordance with clause 4.6 of this Agreement.
2.6. The Customer undertakes to promptly accept and pay for the services rendered by the Contractor in the amount and terms provided for in Section 4 of this Agreement.
2.7. The Contractor has the right to suspend the provision of services under this Agreement if the Customer fails to comply with the terms of payment (see section 4 of this Agreement).
2.8. The Contractor has the right to independently determine the forms and methods for the provision of services, based on the terms of this Agreement and the conditions created by the Customer for the provision of services by the Contractor. At the discretion of the Contractor, the provision of services under the Agreement may be carried out outside the territory of the Customer.
2.9. In the event the Contractor leaves for the territory of the Customer, the Customer undertakes to provide the Contractor with one computer-equipped workplace necessary for the provision of services provided for by this Agreement. The computer must have access to the supported software and the following configuration: .
2.10. The Customer has the right at any time to check the progress and quality of the services provided by the Contractor, without directly interfering in its activities.
2.11. The Customer undertakes to sign the Work Time Sheets to the Contractor as they are provided by the Contractor.
2.12. During the operation of the SP, the Customer is obliged to create an archival copy of the database and the registration log specified by the SP on a daily basis in order to exclude data loss due to reasons beyond the control of the Parties.
2.13. An archival copy specified in clause 2.12 of this Agreement is created and stored by the Customer on a magnetic medium other than the working database medium.
2.14. The Customer should not take actions aimed at attracting the Contractor's specialists to work with the Customer with the transition to work with them, both as a full-time employee and as a part-time employee.
3. RECORDING OF WORKING TIME AND SERVICES RENDERED
3.1. Accounting for working time and services rendered, specified in clause 1.2 of this Agreement, is maintained by the Parties by compiling Work Time Sheets (hereinafter referred to as LURT).
3.2. The LURV contains the following information:
- date of provision of services;
- the name of the Contractor's specialist who provided the services;
- list of services rendered, including remote consulting;
- the amount of working time spent;
- remarks about the shortcomings of the services provided.
3.3. The presence of the Customer's signature in the LURV means the Customer's acceptance of the services rendered by the Contractor and confirms the amount of the Contractor's working time spent on the provision of services, payable by the Customer. When specifying the duration of the work of the Contractor's specialist in LURVs, rounding is done to the nearest 0.5 hour upwards.
3.4. At the end of the calendar month, the Parties draw up an Acceptance Certificate for Services Rendered (hereinafter referred to as the Certificate), which, on the basis of the Work Time Sheets, reflects all services rendered, the amount of working time spent and the cost of services rendered, determined in the manner prescribed in Section 4 of this Agreement .
3.5. At the request of the Customer, the Contractor shall attach to the Certificate of Acceptance of Services Rendered a Report on Services Rendered, which contains:
- list of services rendered in the reporting month;
- list of services carried over to the next month;
3.6. If there are claims against the Contractor, the Customer is obliged, within working days from the date of receipt of the Act, to provide the Contractor with a written reasoned refusal to accept the services rendered. The grounds for refusing to accept the services provided under this Agreement may be the failure to comply with the requirements directly specified in the Application, as well as the comments on the deficiencies in the services provided in the LURVs. After receiving a written reasoned refusal of the Customer to accept the services rendered, the Customer and the Contractor draw up an Act with a list of necessary improvements and deadlines agreed by the Parties, or the Contractor provides the Customer with a justification for the impossibility of eliminating these shortcomings.
3.7. If the Customer fails to provide, within the period specified in clause 3.6 of this Agreement, a written reasoned refusal to sign the Act and failure to comply with the requirements of clause 3.4. of this Agreement, it is considered that the Contractor has handed over, and the Customer has accepted the services rendered in accordance with the Act in full without claims, and the Customer is obliged to make final settlements with the Contractor no later than working days from the date of receipt of the Act.
3.8. The customer, who discovered within days after the acceptance of the services of the Contractor, deviations from the terms of this Agreement or other shortcomings that could not be established upon acceptance (hidden shortcomings), is obliged to notify the Contractor about this.
3.9. If the Customer's claims are justified, the Contractor shall, on its own and at its own expense, eliminate the shortcomings and shortcomings of the services provided.
4. COST OF SERVICES, PROCEDURE AND TERMS OF PAYMENT
4.1. The actual cost of the services rendered within a calendar month under this Agreement is determined on the basis of the Work Time Sheets signed by the Parties.
4.2. The cost of one hour of working time of the Contractor's specialist is rubles. The amount of VAT is not subject to VAT (on the basis of Articles 346.12 and 346.13 of Chapter 26.2 of the Tax Code of the Russian Federation).
4.3. Settlements between the Customer and the Contractor are made in rubles, on the basis of invoices issued to the Customer by the Contractor at the end of the calendar month.
4.4. Payment of invoices is made by the Customer within working days from the date of invoicing by the Contractor by bank transfer Money to the Contractor's bank account. The payment obligation is considered to be duly fulfilled at the moment the payment amount is credited to the Contractor's settlement account.
4.5. The rate for overtime hours (clause 2.5), for services provided by the Contractor on weekends and holidays upon request and as agreed with the Customer, as well as for emergency calls is equal to: .
4.6. The change in the cost of the working hour of the Contractor's specialist is agreed with the Customer and recorded in a signed by both Parties Additional agreement to this Agreement.
5. TERM OF THE CONTRACT
5.1. The agreement comes into force from the moment of signing and is valid until ""2020.
5.2. This Agreement is automatically extended for the next year, if none of the Parties has declared in writing its intention to terminate or limit the term of the Agreement.
5.3. This Agreement may be terminated by mutual agreement of the Parties with a written notice of at least days in advance, or in the manner prescribed by the current civil legislation of the Russian Federation.
6. RESPONSIBILITIES OF THE PARTIES
6.1. Provided that the Customer fulfills its obligations, the Contractor is responsible for the professional and high-quality provision of the services provided for in this Agreement.
6.2. The Contractor guarantees the Customer that, during the term of this Agreement, in the event of a failure in the software settings created by the Contractor during their operation, all services to restore the program's performance will be performed by and at the expense of the Contractor. The reason is the confirmation of the failure by re-demonstrating a similar situation to the Contractor on the database restored from the backup copy.
6.3. The Contractor is not responsible for the failure of the software in the part that was not configured by the Contractor. In this case, all diagnostics and restoration services of the software product are performed at the expense of the Customer.
6.4. The Contractor is not responsible for the irrecoverable destruction of databases on the Customer's computers resulting from power failures, equipment failures, failure to follow user instructions (hereinafter referred to as UI) created by the Contractor or set out in the user manual specified in clause 1.1 of this Agreement, as well as for failure to comply By the customer of archival copying of databases or registration log.
7. PRIVACY
7.1. The Parties undertake not to disclose confidential information about each other and about their economic activities, technical developments, and also not to use to the detriment of each other the information received as part of the implementation of this Agreement, both during the validity period and after the completion or termination of this Agreement. . Any information regarding the financial, commercial, technical (including regulatory and technical) status of the Parties or information that is expressly named confidential by the Parties and indicated in the List of Confidential Documents provided to the other Party is considered confidential.
7.2. The Parties shall be liable to each other within the framework of the current legislation for the unauthorized transfer to third parties of confidential information specified in clause 7.1 of this Agreement.
8. INTELLECTUAL PROPERTY
8.1. The Parties agree that from the moment of signing this Agreement, all rights in relation to the methods, algorithms, program code, methods and techniques developed and used by the Contractor to obtain the results of work under this Agreement belong to the Contractor without limitation of time and territory.
9. FORCE MAJEURE
9.1. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if their fulfillment is hindered by an extraordinary and insuperable circumstance under the given conditions (force majeure).
9.2. under circumstances force majeure The Parties understand such circumstances as: earthquakes, fires, floods, other natural disasters, epidemics, accidents, explosions, hostilities, as well as changes in legislation that resulted in the impossibility of the Parties to fulfill their obligations under the Agreement.
9.3. In the event of force majeure circumstances that impede the fulfillment of obligations under this Agreement by one of the Parties, it is obliged to notify the other Party immediately after the occurrence of such circumstances, while the deadline for fulfilling obligations under this Agreement is postponed in proportion to the time during which such circumstances were in effect.
9.4. If force majeure circumstances operate for consecutive months and do not show signs of termination, this Agreement may be terminated by the Customer and the Contractor by sending a notice to the other Party.
10. DISPUTES RESOLUTION
10.1. All disputes and disagreements that may arise between the Parties on issues that have not been resolved in the text of this Agreement, will be resolved through additional negotiations by mutual agreement of the Parties.
Software technical support agreement template. Comments and recommendations for drafting
1.1. Products- provided under the License Agreement No. __ dated "__" ___________ 201_
software.
1) the serviced software is specified;
3) technical support services are subject to VAT, so their cost is usually allocated from the license fee, which is exempt from VAT on the basis of clause 26, clause 2, article 149 of the Tax Code of the Russian Federation.
2. Subject of the software technical support agreement
The Contractor undertakes to provide Technical Support services at the request of the Customer, and the Customer undertakes to accept and pay for the services provided by the Contractor.
Here is a general list of services that can be provided by the contractor.
Specification of service parameters is carried out at the level of approval of applications in accordance with the procedures adopted by the contractor.
STO STD 020 - 2012 Agreement for the provision of services for the maintenance of software and databases
To provide the Customer with services personally or with the involvement, if necessary, of specialized third-party organizations.
Install software and databases on the Customer's computers, provided that the Contractor or the Customer has the permission of the copyright holder of such software and databases, with which he has concluded the appropriate license.
Search Form
Ensure the operability of the installed updated software and databases, electronic document management systems, accounting information systems, provided that the Customer fulfills the obligations, accompanied by this agreement. In case of software inoperability during working hours, support in p. Provide other IT services as agreed with the Customer.
Provide services in the places indicated by the Customer during the Contractor's working hours from 8.
Ensure the provision of services within the time limits specified in Section 4 of this Agreement.
The address of the page on the software, may contain the following information: Parties to the contract, in this case the customer is the contractor.
And persons acting on behalf of an escort. The subject of the contract, the name of the program and the necessary manipulations with it by the performer. In what form will the calculation be made and on the basis of what documents.
Responsibility for disclosure of information.
This point is very important and interesting.
After all, a person who will have access to the company's software, performing his duties under the contract, gets access to information that is a trade secret. And, therefore, if a leak occurs, then this program will entail certain difficulties for the customer. Thus, the contract should be very careful to stipulate this factor.
Sample contract for the provision of software maintenance services -c Accounting
The Contractor must treat the information provided by the Customer as confidential.2.4. The Contractor undertakes to eliminate the shortcomings in the provision of services at its own expense. 3.1. The Customer undertakes to timely accept and pay for the services rendered by the Contractor in the amount and terms provided for in Section 5 of this Contract. 3.2. The Customer undertakes to provide the Contractor with free access to computers necessary for the provision of services provided for in this Contract.
Agreement for maintenance of software products
2.9. In the event that the Contractor leaves for the territory of the Customer, the Customer undertakes to provide the Contractor with one computer-equipped workplace necessary for the provision of services provided for in this Agreement. The computer must have access to the supported software and the following configuration: .2.10. The Customer has the right at any time to check the progress and quality of the services provided by the Contractor, without directly interfering in its activities.
Sample contract for software maintenance
Nevertheless, both parties are interested in the joint execution of these agreements. Saving money; Free ITS contract for 3 months.Maintenance of any number of information bases; A permanently attached employee who constantly works with your system, who knows the tasks, workflow, the specifics of your enterprise, etc.
