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Support And Maintenance Agreement

Support And Maintenance Agreement Template for Switzerland

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Key Requirements PROMPT example:

Support And Maintenance Agreement

"I need a Support and Maintenance Agreement for our enterprise software platform, including 24/7 support coverage and strict SLAs for critical incidents, compliant with Swiss banking regulations as we're a financial services provider."

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Document background
The Support and Maintenance Agreement is essential for businesses requiring ongoing technical support and maintenance services for their systems, software, or equipment. This document, governed by Swiss law, is commonly used when establishing long-term service relationships between providers and customers. It incorporates crucial elements such as service level agreements (SLAs), response time commitments, maintenance schedules, and escalation procedures. The agreement ensures compliance with Swiss legal requirements, particularly the provisions of the Swiss Code of Obligations relating to service and work contracts. It's particularly relevant for technology-driven services where continuous support and system reliability are critical to business operations. The document typically includes detailed technical specifications, pricing structures, and clear delineation of responsibilities between parties.
Suggested Sections

1. Parties: Identification of the service provider and the customer, including full legal names and addresses

2. Background: Context of the agreement, including brief description of the customer's business and support needs

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of support and maintenance services to be provided

5. Service Provider Obligations: Key responsibilities and commitments of the service provider

6. Customer Obligations: Customer's responsibilities, including access provision and cooperation requirements

7. Service Levels: Defined service levels, response times, and performance metrics

8. Fees and Payment Terms: Pricing, payment schedule, and payment terms

9. Term and Termination: Duration of agreement, renewal terms, and termination provisions

10. Intellectual Property Rights: IP ownership and licensing terms related to maintenance and support activities

11. Confidentiality: Protection of confidential information exchanged during service provision

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. Force Majeure: Provisions for handling events beyond parties' reasonable control

14. General Provisions: Standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Data Protection: Specific provisions for handling personal data, required if personal data processing is involved

2. Disaster Recovery: Procedures for system recovery and business continuity, relevant for critical systems

3. Training Services: Terms for additional training services if included in the support package

4. Hardware Maintenance: Specific terms for hardware maintenance if physical equipment is covered

5. Third-Party Products: Provisions regarding support for third-party products or integrations

6. Insurance: Specific insurance requirements, typically included for high-value or high-risk services

7. Exit Assistance: Terms for transition support upon contract termination, important for complex systems

Suggested Schedules

1. Schedule 1 - Service Level Agreement (SLA): Detailed service levels, response times, and performance metrics

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, pricing tiers, and payment terms

3. Schedule 3 - Support Procedures: Detailed procedures for requesting and providing support services

4. Schedule 4 - Escalation Matrix: Contact details and escalation procedures for various support scenarios

5. Schedule 5 - Supported Products/Systems: List of specific products, systems, or software covered by the agreement

6. Schedule 6 - Service Hours and Coverage: Detailed description of service hours, coverage periods, and holidays

7. Appendix A - Technical Requirements: Technical specifications and requirements for providing support services

8. Appendix B - Report Templates: Standard templates for service reports and performance monitoring

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Business Day
Confidential Information
Critical Error
Customer
Customer Data
Documentation
Emergency Maintenance
Error
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Minor Error
Normal Business Hours
Permitted Purpose
Personnel
Planned Maintenance
Priority Levels
Related Services
Response Time
Resolution Time
Service Credits
Service Hours
Service Levels
Services
Service Provider
Software
Specifications
Support Request
Support Services
System
Term
Third Party Products
Updates
Upgrades
User
Workaround
Clauses
Service Provision
Service Levels
Performance Standards
Response Times
Maintenance Windows
Payment Terms
Fee Adjustments
Term and Duration
Termination Rights
Service Credits
Confidentiality
Data Protection
Intellectual Property
Liability
Indemnification
Force Majeure
Insurance
Audit Rights
Compliance
Personnel
Subcontracting
Customer Obligations
Service Provider Obligations
Change Control
Dispute Resolution
Governing Law
Assignment
Notice Requirements
Entire Agreement
Severability
Third Party Rights
Warranty
Service Reporting
Disaster Recovery
Business Continuity
Exit Management
Escalation Procedures
Relevant Industries

Information Technology

Software Development

Telecommunications

Manufacturing

Healthcare Technology

Financial Services

Industrial Automation

Professional Services

Cloud Services

Infrastructure Services

Relevant Teams

Legal

Information Technology

Procurement

Operations

Technical Support

Service Delivery

Vendor Management

Infrastructure

Compliance

Finance

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Service Delivery Manager

Technical Support Manager

Operations Director

Contract Manager

Vendor Relations Manager

Maintenance Coordinator

IT Infrastructure Manager

Chief Information Officer

Support Team Lead

Technical Account Manager

Industries
Swiss Code of Obligations (Obligationenrecht, OR): The fundamental law governing contracts in Switzerland, including formation, performance, and termination of contracts (Articles 1-40 OR)
Service Contract Provisions (Auftragsrecht): Articles 394-406 OR governing service contracts, particularly relevant for support services aspects of the agreement
Work Contract Provisions (Werkvertrag): Articles 363-379 OR governing contracts for work and services, applicable to maintenance obligations
Federal Act on Data Protection (FADP): Regulations governing the handling of personal data if the support and maintenance services involve access to or processing of personal data
Copyright Act (URG): Federal Act on Copyright and Related Rights, relevant if the support and maintenance involves software or other protected works
Warranty Provisions: Articles 197-210 OR regarding warranty obligations, particularly relevant for maintenance commitments
General Commercial Terms Regulations: Articles 1-9 OR regarding the incorporation and validity of general terms and conditions in contracts
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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