Louisiana Software Maintenance and Support Agreement

State:
Multi-State
Control #:
US-13001BG
Format:
Word; 
Rich Text
Instant download

Description

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

A maintenance contract, defined as the contract between 2 parties which creates the agreement that one party will maintain an asset owned by another party, is common across many industries. Maintenance contracts can exist for equipment, a building, landscape, computers and other information technologies, and more.

A software maintenance agreement, or SMA, is a legal contract that obligates the software vendor to provide technical support and updates for an existing software product for their customers. It may also extend the expiration date of certain features, such as new releases or upgrades.

In your maintenance agreement, you will need to include:A section that defines both the provider and the client including their full legal names and any terms that need to be defined in the contract.A list of the services that will be performed in detail.The compensation for the agreed upon services.More items...

Sales of are subject to sales tax in Louisiana. Sales of parts purchased for use in performing service under optional maintenance contracts are exempt from the sales tax in Louisiana.

Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service.

See Comptroller Rule 3.292, Repair, Remodeling, Maintenance, and Restoration of Tangible Personal Property. cleaning, massage services performed by massage parlors, Turkish baths and escort services are taxable personal services.

Sales of canned software - downloaded are subject to sales tax in Louisiana. Sales of custom software - delivered on tangible media are exempt from the sales tax in Louisiana. Sales of custom software - downloaded are exempt from the sales tax in Louisiana.

California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.

AMC is a maintenance contract or an insurance policy for your technological advancement. It is a software update service for which your company has to pay annually, to the software provider.

Tax must be collected on any computer software. Both the repair and routine servicing of all kinds of Tangible Personal Property are considered taxable repair services.

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Louisiana Software Maintenance and Support Agreement