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What is the TMA contract proposed after software delivery, and is it really necessary for small businesses?

NNazlı G***MemberCommunity member
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253
#1

We operate a wholesale food distribution business between Lille and Brussels. We commissioned a software agency to build a custom web application for 28,000 EUR to manage our internal orders, accounts, and dispatches. Testing is done the project went live, and we signed the delivery acceptance report last month.

The agency has now proposed an ongoing TMA (Tierce Maintenance Applicative) contract for 850 EUR per month. The proposal mentions corrective preventive, and evolutionary maintenance. But paying a fixed fee every month for a brand-new system that we already paid for in full feels like an unnecessary cost for our budget.

What exactly do these TMA contracts cover in practice, and are they really mission-critical for a small business with a newly completed project? If we decide to sign, what traps should we look out for regarding SLA response times and rollover of unused hours?

SSerkan Ç***ExpertCommunity member
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Most Helpful#2

Short answer: A TMA is an outsourced application maintenance contract that guarantees your software keeps running smoothly after launch, ensures libraries and servers stay updated, and covers bug fixes. If downtime directly halts your daily shipments and operations, this safety net is essential; however, you don't have to overpay for coverage scopes you don't actually need every month.

You need to clearly distinguish the terms in the contract: 1) Corrective maintenance (correctif) deals with fixing bugs and flaws; the first 3-6 months after sign-off should already be covered under the warranty (garantie contractuelle) at no extra charge. 2) Preventive maintenance (préventif) covers periodic patching of the server OS, database, and security vulnerabilities. 3) Evolutionary maintenance (évolutif) is for building new features or adding functionality down the road.

Since you ship wholesale food, if your order intake dashboard crashes in the morning, the agency can't just tell you "we'll look at it whenever we're free." This is where contractual SLA terms matter. Make sure you separate GTI (guaranteed initial response time) from GTR (guaranteed resolution time). For critical incidents, you should mandate an initial response within 2 hours (GTI) and a full fix within 6-8 hours (GTR).

Rolling over unused maintenance hours (report d'heures) is the most overlooked clause. If you pay 850 EUR a month and have zero incidents that month, those hours shouldn't just vanish; they should at least roll over to the following month. You can negotiate with the agency to start with a cheaper preventive-only tier until the initial warranty period expires.

NNazlı Ş***New member
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Doki · Infrastructure migration · 2023

#3

Don't confuse the warranty with maintenance. A bug present in the original codebase falls under warranty. But if a feature breaks because PHP was upgraded or the server OS received a security patch, that falls under TMA, not the warranty.

MMelikeExpert
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#4

We pay 600 EUR a month for our logistics portal, which includes 5 hours of development work. Last year, when our third-party barcode API changed, the system was updated and back online within 3 hours. Without that contract, we would have lost 4,000 EUR in revenue that day alone.

PPınar Ç***Expert
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#5

850 EUR a month is serious money for a small operation. If it doesn't include any new feature development and they're just offering to "keep an eye on the server," the agency is simply looking for passive recurring revenue. Demand a line-item breakdown.

NNeslihan T***Expert
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#6

Before sitting down to negotiate, push for these four conditions: 1) The first 3 months must count as the warranty period with TMA starting afterward, 2) Unused hours must roll over for up to 3 months, 3) GTI response times for critical bugs must not exceed 2 hours, 4) The hourly rate for out-of-scope work must be locked in upfront.

MMehmet Ç***MemberCommunity member
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#7

if there's no hour rollover clause do not sign it imo. tbh you'll burn 850 euros during quiet months with zero tickets, and next month they'll bill you extra for a tiny tweak.

YYasemin T***VeteranCommunity member
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274
#8

on our first software project, we turned it down thinking "why bother, everything works fine." Six months later a payment gateway library broke and because the agency was swamped with other clients, we were left waiting in line for four days then like having guaranteed support in place is really a must.

note: I wrote this based on my own experience, it might not apply to everyone.

RRabia B***Expert
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#9

Instead of a fixed monthly contract, offer a "ticket package" (carnet d'heures). For example, buy an upfront block of 20 hours and have them deduct from it only when an issue comes up or updates are made. That way you aren't throwing away 850 EUR every month.

SSinan E***Member
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Doki · KVKK compliance consulting · 2023

#10

In TMA contracts, it must be legally defined whether the agency's obligation is an "obligation of result" (obligation de résultat) or merely an "obligation of means" (obligation de moyens). Clauses for compensation or penalties in the event of downtime should be included.

AAhmet Y***Expert
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#11

Thanks for posting. Everything goes well for the first three months; problems arise in the fourth.

AAycan O***Member
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#12

Could you elaborate on that? Implementing a change request process doesn't slow things down, it speeds them up.

Just leaving this note, it might be useful.

AAslı Ç***Member
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Doki · KVKK compliance consulting · 2026

#13

let's separate the concepts they're getting mixed up then any unwritten clause becomes a point of disagreement later, as both sides remember it differently.

if you post the result here it will help others too.

ÜÜlkü K***Member
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#14

Absolutely. If I were to add anything: When you try to change everything at once, nothing settles.

Ask who prepared the quote and who will actually do the work. Just leaving this note, it might be useful.

HHilal Y***Expert
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#15

I went through the same thing two years ago. Implementing a change request process doesn't slow things down, it speeds them up.

If you have questions, write them; I'll answer as best I can.

FFatma C***MemberCommunity member
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#16

I'm writing this so you don't make the same mistake. Implementing a change request process doesn't slow things down, it speeds them up.

Of course, it varies if your situation is different.

EElif U***Member
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#17

Quick summary for newcomers: Implementing a change request process doesn't slow things down, it speeds them up.

This is my opinion, I'm not claiming it's absolute truth.

BBurak O***Member
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Doki · E-commerce infrastructure · 2026

#18

I'm curious too.

ZZafer Y***Expert
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#19

Noted, thanks.

CCansu K***MemberCommunity member
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#20

Noted thanks. People defend habits, not processes. Resistance comes from there.

Every "we'll look at it later" in a meeting means unbilled work. Good luck with that.

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