Illinois Software Maintenance Agreement

State:
Multi-State
Control #:
US-13175BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed Software Maintenance Agreement document for use in the computer, internet and/or software industries.

Illinois Software Maintenance Agreement refers to a contractual agreement between a software vendor or provider and a customer located in the state of Illinois. This agreement outlines the terms and conditions for software maintenance services provided by the vendor to ensure ongoing functionality, support, updates, and bug fixes for the software products or systems utilized by the customer. Keywords: 1. Illinois: The mention of Illinois signifies the geographical location where the agreement will be enforced and regulated. This highlights the jurisdiction and legal framework applicable to the agreement. 2. Software Maintenance: The primary focus of this agreement lies in securing software maintenance services. Software maintenance involves activities such as bug fixing, software updates and upgrades, technical support, security enhancements, and overall system maintenance. 3. Agreement: The agreement refers to the legally binding document that establishes the rights, responsibilities, and obligations of both the software vendor and the customer. It outlines the terms, conditions, and scope of the maintenance services to be provided. Types of Illinois Software Maintenance Agreements: 1. Standard Software Maintenance Agreement: This type of agreement generally encompasses routine maintenance tasks, bug fixes, software patches, and minor updates. It ensures that the software remains functional, secure, and capable of meeting the customer's needs within the defined service level agreements (SLAs). 2. Extended Software Maintenance Agreement: This agreement includes an extended range of maintenance services beyond the standard scope. It may involve the provision of major software upgrades, customizations, additional technical support, and access to advanced features or modules. The extended agreement typically involves higher costs compared to the standard agreement. 3. Emergency Software Maintenance Agreement: In certain cases where critical issues or emergencies arise, an emergency maintenance agreement may be established. This agreement defines the terms and conditions under which the software vendor will provide immediate support, fixes, or workarounds to resolve urgent issues that hinder the normal operation of the software system. 4. Renewable Software Maintenance Agreement: A renewable agreement allows the customer to extend the software maintenance services provided by the vendor beyond the initial term. It provides a framework for continued maintenance, support, and upgrades, ensuring the long-term functionality and reliability of the software. 5. Fixed/Term Software Maintenance Agreement: This type of agreement sets a fixed term for the provision of maintenance services. It outlines the duration of the agreement, which may range from months to years. However, the agreement does not automatically renew after the term expires and may require renegotiation. In conclusion, an Illinois Software Maintenance Agreement is a legally binding document that defines the maintenance services to be provided by a software vendor to a customer in Illinois. It ensures ongoing support and updates for software products, while different types of agreements cater to various levels of maintenance, customization, and emergency support requirements.

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FAQ

No tax is incurred on the maintenance services or parts when the repair or servicing is performed. If a maintenance agreement is sold separately from tangible personal property, the sale of the agreement is not a taxable transaction.

The lease or rental of computer software in the City of Chicago is subject to the lease tax. The sale of computer software is not subject to the lease tax.

In the state of Illinois, any modified software which is held for general or repeated sale or lease is considered to be taxable. Sales of digital products are exempt from the sales tax in Illinois.

In addition, licenses for the use of software accessed electronically are not considered sales of tangible personal property, and therefore are not subject to state sales tax, as long as no transfer of tangible personal property occurs as a part of the transaction.

Illinois does not impose tax on SaaS delivered via a cloud-based system, provided the transaction does not include a transfer of tangible personal property.

The sale at retail, or transfer, of canned software intended for general or repeated use is taxable, including the transfer by a retailer of software which is subject to manufacturer licenses restricting the use or reproduction of the software.

Despite the Illinois Department of Revenue's historically complex stance on the taxation of computer software, the Department has now stated that SaaS is not subject to sales tax in Illinois. In other words, cloud-based software is not subject to tax in Illinois.

Despite the Illinois Department of Revenue's historically complex stance on the taxation of computer software, the Department has now stated that SaaS is not subject to sales tax in Illinois. In other words, cloud-based software is not subject to tax in Illinois.

But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.

Sales of canned computer software are taxable as retail sales in Illinois. Sales of custom software, which is prepared to the special order of the customer, are not taxable.

More info

Organization (?Customer?, ?Client?) for the support of SoftwareCustomers not engaged in a current Support Agreement contained herein,Illinois. The ... 01-Dec-2021 ? Maintenance and support Contract for Vermilion County, IL.The term "DEVNET Property Tax Software System" means all of the application ...12-Nov-2019 ? Sales of ?canned? computer software are taxable as retail sales in Illinois. Sales of custom software, which is prepared to the special order of ... 26-Sept-2018 ? Therefore, an unsigned T&C Agreement does not control the validity of the contract created by the Order Form. V. Illinois Law a. Sale of License ... Sales tax does not apply for separately itemized charges when the agreements do not include software upgrades or updates. However, these agreements are taxable ... 15-May-2018 ? The Illinois Department of Revenue (?Department?) has been asked bywrap? licensing agreement, meaning software licensed over the ... 07-Mar-2021 ? NetApp Software Hardware Maintenance and Supportcontract, and in signing the contract, the Contractor affirms that the Certifications ... 27-Aug-2021 ? Illinois has clarified that if a provider of a service provides to thesoftware maintenance agreements are also taxable as extended 28-Nov-2021 ? Sales of ?canned? computer software are taxable as retail sales in Illinois. If the maintenance agreement includes charges for updates of ... This Standard Software Maintenance Agreement (SSMA) between New World SystemsWorld) and the Villages of Wilmette and Winnetka, IL (Customer) sets forth ...

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Illinois Software Maintenance Agreement