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The Prepackaged Software Service Level Agreement (SLA) is used when you are performing software support or development services for a client that involves third-party or prepackaged software. In such situations you may need to protect yourself in the event of problems with third-party vendors (such as non-responsiveness, software bugs, release schedules, etc) that are out of your control.
Document Length: 8 Pages
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Prepackaged Software Service Level Agreement
Disclaimers: Proposal Kit, Inc. makes no warranty and accepts no responsibility for suitability of any materials to licensees business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for results obtained. Information included is not legal advice. Use of any supplied materials constitutes acceptance and understanding of these disclaimers.

How do you write a Prepackaged Software Service Level Agreement document?

PRE PACKAGED SOFTWARE SERVICE LEVEL AGREEMENT SLA THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Scope of Support Services. Company shall during the Term as defined below provide to Customer the following development support and help desk consulting services described below the Services or Work Product at such times as Customer may reasonably request. Company will develop process for support services for the Customer for the following software the Software products. Insert Commercial or Pre packaged Software Product names here. Support shall consist of the diagnosis and troubleshooting of technical problems or performance issues surrounding the Software and resolution of issues within the Software. Issues involving process data or other third party requirement not involving technical issue may require escalation to the Software manufacturer alternate solutions or change in requirements not able to be rectified within the Software products.

Company provides email and phone support on daily basis. Daily is defined as 9. A. M. through 5. P. M. Pacific Standard Time PST excluding holidays and weekends. Company also provides ticket based support system available online seven days week twenty four hours day. Company uses best efforts to correct all reported and reproducible errors within the Software. To aid Customers expectations Company uses the following severity classification levels to categorize all reported problems and issues. Severity Classification. High The reported problem is of nature that prevents Customer from being able to use the Software; or critical features are unavailable causing critical interruption of business. Company will commence work on resolving the issue within one hour of notification and will engage Company staff during business hours until an acceptable resolution is obtained. Severity Classification. Medium The reported problem involves features of the Software not working correctly and no alternate solution exists. Company will commence work on resolving the issue within three hours of notification and will engage Company staff during business hours until an acceptable resolution is obtained. Severity Classification. Low

The reported problem involves minor business impact which includes problems with non essential or non critical features individual access to system or device or other compatibility issues not under the direct control of Company. Company will commence work on resolving the issue within one business day of notification and will engage Company staff during business hours until an acceptable resolution is obtained. Severity Classification. Maintenance The reported problem involves maintenance or minor business impact in which an update or patch is to be applied. Maintenance work while often quick to complete may require scheduling or consultation with Company or Customer staff in order to bring about the desired maintenance. Company will commence work on resolving the issue within three business days of notification and will engage Company staff during business hours until the maintenance is completed or an acceptable resolution is obtained. These classifications are not intended as consulting agreement for customer services or services to be rendered to Customers clients. Company reserves the right to send Company staff to Customers location in order to correct problems and will coordinate with Customer on access and scheduling. 2. Scope of Development and Development Support Services. Note. All custom development or integration is subject to separate specification of work unilaterally agreed upon in writing by Company and Customer. Custom development shall not be treated as support or adhere to any schedule not outlined in the Scope of Support Services or Specifications. The Company severity classification does not apply to custom development services.

Development Services include but are not limited to. * Installation of patches fixes and updates to listed software packages. * Custom features and add ons desired by Customer. * Web site or Mail Server integration features. * ETL or other Data processing services. * Synchronization services for devices or workstations. * Evaluation and recommendations regarding application and network security protections or any other concerns Company may have in order to safeguard Customers Software or other related systems.

* Provide consultation and installation Services for any new projects or tasks that Customer requests of Company. * Provide disaster recovery from backups and maintain current file library of all software source code licenses records or purchases Company made for Customer; and maintain history log or other record for Customer concerning all installations upgrades patches or other Services performed for Customer. * Offer general advice and guidance to Customers employees or end users and make recommendations to Customer concerning Customers systems and software. * Liaise with vendors hardware engineers and customer support or other Services or entities related to the maintenance and upkeep of Customers systems and software. 3. Limitation of Services. Company shall not be responsible for the following. 1 Liaising with billing and or accounting on matters related to payment for software licenses services or other items unless directly provided by or acquired for Customer by Company. 2 24 monitoring of web site or web server status unless otherwise specified and agreed upon in the specifications.

3 Fixing errors and omissions contained in any third party resource outside of the direct control of Company unless otherwise agreed upon in the Specifications. 4. Specifications. Company agrees to perform the Services pursuant to the specifications set forth in Exhibit attached hereto the Specifications 5. Term of Service. This Agreement shall commence on start date and shall continue in full force and effect until terminated by either party upon at least ninety days prior written notice. Absent termination notice no event except breach may terminate this Agreement prior to end date. Upon termination of this Agreement Company shall transfer and make available to Customer all property and materials in Companys possession or subject to Companys control that are the rightful property of Customer. Company shall make every reasonable effort to secure all written or descriptive matter that pertains to the Services or Work Product and agree to provide reasonable cooperation to arrange for the transfer of all property contracts agreements supplies and other third party interests including those not then utilized and all rights and claims thereto and therein. In the event of loss or destruction of any such material or descriptive matter Company shall immediately notify Customer of the details of the loss or destruction in writing and provide the necessary information for loss statement or other documentation to Customer. 6. Ownership Rights.

Company shall have ownership to all Companys Material. Companys Material consists of all copyrightable. Materials that do not constitute Services or Work Product as defined in Section Scope of Support Services; Section Scope of Development and Development Support Services; and in Exhibit Specifications. Materials that are owned solely by Company Pre existing Works or licensed to Company. Materials that are incorporated into the Work Product or part of the Services. Additional materials shall include but are not limited to. Insert additional materials here. Company shall hold all rights title and interest in and to Companys Material. Customer shall not do anything that may infringe upon or in any way undermine Companys rights title and interest in Companys Material as described in this paragraph 6. Notwithstanding the above Company hereby grants Customer an unrestricted nonexclusive perpetual fully paid up worldwide license for the use or for the sublicense of the use of any of Companys Material employed under this Agreement. 7. Compensation. For all of Companys Services under this Agreement Customer shall compensate Company in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement breach immediately stop all Services or bring legal action.

8. Work Performed at Customers Location. Rules governing work performed by the Company that is considered onsite shall be defined in Exhibit B. Rules shall include but are not limited to. Availability of Company for visits any required number of onsite visits for this Agreement defining provisions and responsibilities for Customer to accommodate onsite visits and any other related matters pertaining to work performed at Customers location s. 9. Mutual Confidentiality. Customer and Company acknowledge and agree that the Specifications and all other documents and information related to the performance production creation or any expression of the Services or Work Product are the property of Company. Materials shared between Company and Customer the Confidential Information including but not limited to documentation product specifications drawings pictures photographs charts correspondence supplier lists financial reports analyses and other furnished property shall be the exclusive property of the respective owner the Owning Party and will constitute valuable trade secrets. Both parties shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without prior written consent from the Owning Party disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public or has been previously made available by the Owning Party in public venue. 10. Limited Warranty and Limitation on Damages. Company warrants the Services or Work Product will conform to the Specifications. If the Services or Work Product do not conform to the Specifications Company shall be responsible for correcting the Services or Work Product without unreasonable delay at Companys sole expense and without charge to Customer to bring the Services or Work Product into conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty express or implied. Customer acknowledges that Company is not responsible for the results obtained by Customer when using any Services or Work Product produced by Company. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Company as set forth in Exhibit attached hereto. No action regardless of form arising out of the Services rendered or Work Product under the Agreement may be brought by either party more than one year after the cause of action has occurred. In no event shall Company be held liable for consequential damages. 11. Independent Contractor. Company is retained as an independent contractor. Company will be fully responsible for payment of Companys own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Companys behalf. Company understands that its employees will not be entitled to any fringe benefits that Customer provides for Customers employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance.

Writing the Project Development Short Form Contract document (alternate or related contract document)

company name Work Order address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder Bill To. company name

city state or province zip or postal code Phone phone number For. What you are doing for the customer here DESCRIPTION HOURS RATE AMOUNT TOTAL Agreements

In consideration of the mutual covenants set forth in this Agreement Customer and Developers hereby agree as follows. 1. Development of Web Site Digital Media. Developers agree to develop the Web Site and other Digital Media according to the terms expressed by the customer and recommended by the developers. 2. Delivery of Web Site Digital Media. Developers will use reasonable diligence in the development of the Web Site and endeavor to deliver to Customer an operational Web Site no later than delivery date. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Section are estimates and are not required delivery dates. 3. Ownership Rights. Developers shall hold all right title and interest in and to the Web Site Media. Specifically but without limitation Developer shall hold all right title and interest in and to all text graphics animation audio components and digital components of the Web Site the Content all interfaces navigational devices menus menu structures or arrangements icons help and other operational instructions and all other components of any source or object computer code that comprises the Web Site all literal and non literal expressions of ideas that operate cause create direct manipulate access or otherwise affect the Content and all copyrights patents trade secrets and other intellectual or industrial property rights in the Web Site or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Developers right title and interest in the Web Site as described in this paragraph 3. Notwithstanding the above Customer shall retain all of its intellectual property rights in any text images or other components it owns and transmits to Developers for use in the Web Site. 4. Compensation. For all of Developers services under this Agreement Customer shall compensate Developers in cash the amount specified in the total above. In the event Customer fails to make any of the payments referenced by the deadline set forth in Exhibit Invoice Developers have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement remove the Web Site and or Digital Media bring legal action. 5. Limited Warranty and Limitation on Damages. Developers warrant the Web Site will conform to the Specifications. If the Web Site does not conform to the Specifications Developers shall be responsible to correct the Web Site without unreasonable delay at Developers sole expense and without charge to Customer to bring the Web Site into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty express or implied. Customer acknowledges that Developers do not warrant that the Web Site will work on all platforms. Customer acknowledges that Developers are not responsible for the results obtained by the Customer on the Web Site. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Developers as set forth in Exhibit attached hereto. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Developers and their respective successors and assigns provided that Developers may not assign any of his obligations under this Agreement without Customers prior written consent. ACCEPTANCE OF AGREEMENT. The above prices specifications and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above. Customers signature Designers signature Date THANK YOU FOR YOUR BUSINESS.

How to write my Exhibit C (Developer Materials) document (alternate or related contract document)

EXHIBIT C DEVELOPER OWNED MATERIALS The following is list of pre existing materials owned by Developer which will be used in the project. A. Describe each item to be included in the project owned by the Developer THIRD PARTY OWNED MATERIALS The following is list of pre existing materials owned by third parties which will be used in the project. K. Describe each item to be included in the project owned by the third party

How to write my Exhibit A (Payment Terms) document (alternate or related contract document)

Select an appropriate payment terms from the list of possible choices depending on the agreement being used with and delete the rest. For example if using project development contract use one of the first three milestone based payment terms. If using VAR Reseller contract or for general pricing use the payment terms pricing plan at the end of the list of plans below. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 90% of the estimated price upon execution of the Agreement. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer

C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software

H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS

1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 3 of the fee upon execution of the Agreement; B. 3 of the fee upon completion of Insert Key Payment Milestone C. The remaining upon completion per the specification. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any.

A. License fees B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software

H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers an hourly fee according to the following terms. A. 10% of the estimate upon execution of the Agreement of Insert Total Payment Amount

B. Customer is billed at hourly rate per hour at the completion of each milestone. C. The customer will not be liable for more than Insert Maximum Amount Liable for in hourly work. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer

C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above.

5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A CREDIT CARD PAYMENT PLAN Authorization for credit card payments for development per Exhibit and B. Charges to be applied as Customer accepts each milestone. Customer accepts liability for all costs incurred including but not limited to chargebacks and reversals. Card Number

Expiration Date Name on Card Title Phone. phone number Fax. fax number Email. email address Company. company name Street. address address

City. city Country. country EXHIBIT A PAYMENT TERMS Pricing Plan. Insert your pricing plan here. Discounts. Insert any discounts available here.

Restrictions. Insert any restrictions here.

A Document from Contract Pack

The editable Prepackaged Software Service Level Agreement template - complete with the actual formatting and layout is available in the retail Contract Packs.
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