MKB Juristen drafts custom legal documents
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Having a software support contract drafted by a specialized SME lawyer typically costs between 750 and 2,500 euros, depending on the complexity: a simple support subscription for standard software is at the lower end, while an SLA for business-critical custom software with strict response times, a data processing agreement, and an escrow arrangement is at the upper end. The process takes one to three weeks and proceeds via intake, draft, revision round, and final version. The investment pays for itself the moment the software fails and you want to know exactly within what timeframe you will receive assistance.
The short answer
- Costs: 750 to 2,500 euros with an SME lawyer, depending on complexity.
- Lead time: usually one to three weeks.
- Process: intake, draft, revision round, final version.
- When to have it drawn up: for business-critical or custom software and access to personal data.
- What you provide: the software, the desired service level, and the data flows.
How much does it cost to have a software support contract drawn up?
The price follows the complexity. A support contract for standard software with a helpdesk on working days and clear response times is relatively simple and ranges from around 750 to 1,250 euros. As soon as it concerns business-critical or custom software, with tight response and resolution times, a data processing agreement because employees access personal data, and possibly an escrow arrangement for the source code, the price rises to 1,500 to 2,500 euros. The reason a support contract sometimes requires more work lies in the level of service: working out response and resolution times per priority and linking them to service credits requires precision.
Weigh the costs against the importance of the software. With a system on which business operations depend, the question is not whether it will ever fail, but when, and then you want a contract that compels the supplier to take swift action. Compared to that certainty, a one-time investment is modest.
The process step by step
- Intake: you discuss the software, the desired service level, response times, and data flows.
- Concept: the legal expert drafts a contract with an SLA and, where necessary, a data processing agreement.
- Correction round: you read along, ask questions, and make adjustments.
- Final version: the contract is being finalized for signing.
If you provide support yourself, you draft the contract as a supplier. If you purchase support, you are often presented with the supplier's template. In the latter case, a review is cheaper than a fully customized contract: the legal expert assesses the template for risk points and provides a list of points to consider.
Arrange it yourself, review, or customization
There are three routes. Managing it yourself is possible with a simple support subscription for standard software, provided you check the response times and version policy. A review is the sensible middle ground if you are presented with a support contract from a supplier: the legal expert identifies loopholes, such as a response time without resolution time, a vague version policy, missing agreements regarding additional work, or liability that is too broad or, conversely, unworkably limited. Fully customized solutions pay off if you provide support yourself and want to impose the same conditions on your customers every time, or if the software is business-critical and you want to determine exactly what the supplier must guarantee.
When it comes to customization, pay particular attention to the SLA and liability. These are the provisions on which a support contract is judged in practice, and where a lawyer makes the biggest difference.
What you can look out for yourself
- Response and resolution time: are both included, per priority, not just a response time?
- Version policy: is it clear which versions are supported and for how long?
- Additional work: is the new functionality clearly defined from routine maintenance?
- GDPR: is a data processing agreement required if employees access personal data (Art. 28 GDPR)?
- Liability: is it limited to a reasonable amount and are service credits realistic?
A service credit or fine that is completely disproportionate may be reduced by the court (Article 6:94 of the Dutch Civil Code). Do not count on this, but keep the amounts realistic yourself.
A practical example
An accounting firm purchased an accounting system and was presented with a support contract. Instead of having a contract drafted themselves, the firm had the template reviewed for 900 euros. The legal expert noted that only a response time was stated, not a resolution time, that a versioning policy was missing, and that there was no data processing agreement, even though support staff had access to client data. The contract was amended to address these three points. The firm signed with the assurance that a malfunction would not only be addressed quickly but also resolved within an agreed timeframe, and that GDPR compliance was ensured.
Honest recommendation
You do not always need to hire a lawyer. If you purchase support for standard software with a reasonable subscription, check the response and resolution times, the version policy, and the definition of additional work yourself, and you can often manage. Have a lawyer review or draft the contract for business-critical or custom software, regarding access to personal data, or in cases of significant liability risks. For most entrepreneurs, a targeted review of the supplier contract offers the best value for money, and fully custom-made solutions only pay off when you provide support yourself or the software is truly critical. The greatest gains lie in an SLA that enforces response and resolution times and liability that is workable for both parties.
Want to know more? View the software support contract on our contracts page, read what a software support contract is and how to drafting one .
Frequently Asked Questions
Typically 750 to 2,500 euros with an SME lawyer. A basic support subscription for standard software is at the lower end, while an SLA for business-critical custom software with a data processing agreement and escrow is at the upper end.
Usually one to three weeks: intake, draft, revision round, and final version. A review of an existing supplier support contract can be faster, sometimes within a few business days.
Yes. During a review, the legal expert examines the supplier's contract and provides a list of points for attention. That is faster and cheaper than fully custom work, and often the sensible choice for those who purchase support.
If you provide support yourself and want to impose the same conditions on customers every time, or if the software is business-critical and you want to determine exactly what the supplier must guarantee in terms of response times and availability.
Which software is involved, the level of service you require (response and resolution times), the helpdesk opening hours, and whether employees have access to personal data. If you already have a support contract, please include it for a review.
Based on the availability of both response and resolution time per priority, a clear version policy, the delineation of additional work, a data processing agreement if necessary (Art. 28 GDPR), and liability that is realistically limited.
A service credit or fine that is excessive can be reduced by the court (Article 6:94 of the Dutch Civil Code). Do not count on this as a safety net, but ensure that the agreed amounts are realistic, as they are more likely to hold up in a dispute.