software customer-service
What level of support is legally required for off-the-shelf software?
<p>When writing and selling off-the-shelf software, there can be warranty requirements for security updates and functional bugfixes. But are there legal requirements to offer support that goes beyond that – especially help desk style support¹? Is it O.K. to only offer paid support?</p>

<p>What are the differences between the markets in EU, US and others?</p>

<p><sub>¹ To minimize the need for individual support, good documentation and a user friendly interface of course help a lot. But that might not always be sufficient for all clients and all use cases.</sub></p>

<p>In Australia, services sold, hired or leased for less than $40,000 (or for any amount if they are normally bought for household or personal use) must comply with Australian Consumer Law with respect to <a href="https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees" rel="nofollow noreferrer">Consumer Guarantees</a> - this would cover most software products except for bespoke high-end business applications.</p>
<p>In <a href="http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2016/196.html?stem=0&amp;synonyms=0&amp;query=title(%222016%20FCA%20196%22)" rel="nofollow noreferrer">Australian Competition and Consumer Commission v Valve Corporation (No 3) [ 2016] FCA 196 (24 March 2016)</a>, the Federal Court has held that software is a &quot;product&quot; within the meaning of ACL.</p>
<blockquote>
<p><strong>Products</strong> must be of acceptable quality, that is:</p>
<ul>
<li>safe, lasting, with no faults</li>
<li>do all the things someone would normally expect them to do</li>
<li>be fit for the purpose the business told you it would be fit for and for any purpose that you made known to the business before purchasing</li>
<li>meet any extra promises made about performance, condition and quality, such as life time guarantees and money back offers</li>
<li>have spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.</li>
</ul>
</blockquote>
<p>Among other, less relevant, things. Also:</p>
<blockquote>
<p>Acceptable quality takes into account what would normally be expected for the type of product and cost.</p>
</blockquote>
<p>Whether this extends to providing free customer support and to what extent will depend on the particular software.</p>
