Party 1 Full Name of the Entity: Commercial Registration Number: Tax Number: Head Office Address: Name of the Authorized Legal Representative: Title of the Representative (Manager/Authorized Signatory): Phone: Email: | Party 2 Full Name of the Entity: Commercial Registration Number: Tax Number: Head Office Address: Name of the Authorized Legal Representative: Title of the Representative (Manager/Authorized Signatory): Phone: Email: |
This contract is hereby concluded between the two parties whose complete details are provided in the attached contracting form, referred to herein as "the First Party" (the maintenance and update service provider) and "the Second Party" (the client/software owner), collectively referred to as "the Parties". In accordance with the provisions of the Egyptian Civil Law No. 131 of 1948, the Law on the Protection of Intellectual Property Rights No. 82 of 2002 (especially Articles 138-178 concerning copyright and neighboring rights), the Commercial Law No. 17 of 1999, the Personal Data Protection Law No. 151 of 2020, the Law on Organizing Electronic Commerce No. 15 of 2022, the Anti-Cyber Crime Law No. 175 of 2018, and the applicable laws and regulations in the Arab Republic of Egypt, this agreement aims to organize the maintenance and updating relationship for the software between the First Party (the maintenance and update service provider) and the Second Party (the client/software owner). The service provider undertakes to provide regular and emergency maintenance services, updates, enhancements, bug fixes, and technical support for the software owned by the client, for an agreed fee, while defining the scope of maintenance, support levels, response times, conditions for updates and development, quality guarantees, compensation and penalties, rights of cancellation and termination, all within a framework of transparency and adherence to the highest software maintenance standards and regulations applicable in the Arab Republic of Egypt. The parties have agreed as follows:
Article (1) Definitions of the Contract
1- The words and phrases hereinafter - wherever mentioned in this agreement - shall have the meanings specified next to each, unless the context necessitates otherwise:
2- The contract: refers to this maintenance and updating agreement in all its provisions and annexes, and its preamble is an integral part thereof.
3- The service provider: the First Party in this contract, being the natural or legal person specialized in providing software maintenance and updating services, obligated to provide services to the client.
4- The client: the Second Party in this contract, being the owner of or responsible for the software, who requests maintenance and updating services.
5- The software: the software system, application, platform, or program subject to maintenance and updating, detailed specifically in Annex (1) of this contract.
6- Preventive maintenance: routine services aimed at preventing malfunctions and maintaining software performance, including monitoring, enhancement, security updates, database cleaning, and performance optimization.
7- Corrective maintenance (emergency): fixing software bugs that occur during operation and affect its performance or functions.
8- Development maintenance: adding new features and functions to the software, or improving existing features, or modifying the software to comply with the changing operational environment (such as operating system updates, browsers, databases).
9- Security updates: software updates aimed at closing security vulnerabilities and protecting the software from breaches and cyberattacks.
10- Patches: small and quick updates aimed at fixing specific errors or defects in the software.
11- Releases: major updates to the software that include new features or substantial improvements.
12- Severity level: classification of malfunctions and issues according to their severity and impact on the client, used to determine response and resolution priorities.
13- Response time: the duration taken by the service provider to respond to the client's technical support request.
14- Resolution time: the duration taken by the service provider to resolve the issue completely.
15- Maintenance period: the duration during which the service provider is obligated to provide maintenance services, as defined in Article (3) of this contract.
16- Maintenance fees: the amount of money that the client is obligated to pay to the service provider for maintenance services, as specified in Article (5) of this contract.
17- Related parties: include subsidiaries, parent companies, sister companies, as well as directors, employees, contractors, consultants, agents, and representatives.
Article (2) Subject of the Contract and Scope of Maintenance and Updates
1- First: Software subject to maintenance:
2- The service provider shall provide the client with maintenance and updating services for the following software, detailed specifically in Annex (1) of this contract:
3- Software Name:
4- Current Software Version:
5- Software Description:
6- Supported Platforms:
7- Languages and Technologies Used:
8- Location/Servers:
9- Second: Scope of Maintenance Services:
10- The maintenance services provided shall include the following areas, detailed specifically in Annex (2) of this contract:
11- Preventive Maintenance:
12- Continuous monitoring of software performance (loading speed, resource consumption, errors).
13- Enhancing software and database performance.
14- Cleaning databases by removing excess data.
15- Periodic security updates to close security vulnerabilities.