Maintenance Support Agreement Template for Germany

The Maintenance Support Agreement is a crucial document used when establishing a formal relationship between a maintenance service provider and a client requiring ongoing maintenance and support services. This agreement, governed by German law, specifically addresses the requirements under the German Civil Code (BGB) for service contracts and work performance. It is particularly relevant when businesses need regular maintenance for their equipment, facilities, or systems, requiring detailed specification of service levels, response times, and quality standards. The document typically includes comprehensive provisions for preventive and corrective maintenance, emergency responses, reporting requirements, and liability allocation. It's designed to provide clear guidelines for both parties while ensuring compliance with German commercial law, data protection regulations, and industry-specific requirements. The agreement's structure allows for customization based on specific maintenance needs while maintaining legal enforceability under German jurisdiction.

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

2. Background: Context of the agreement, including description of the customer's systems/equipment requiring maintenance and the provider's expertise

3. Definitions: Definitions of technical terms, service levels, response times, and other key terms used throughout the agreement

4. Scope of Services: Detailed description of maintenance services, including preventive and corrective maintenance obligations

5. Service Provider's Obligations: Comprehensive list of the provider's duties, including response times, quality standards, and reporting requirements

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

7. Service Levels: Specific performance metrics, response times, and quality standards the provider must meet

8. Fees and Payment Terms: Pricing structure, payment schedule, invoicing procedures, and late payment consequences

9. Term and Termination: Contract duration, renewal terms, and termination rights including notice periods

10. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations compliant with German law

11. Confidentiality: Protection of confidential information exchanged during the maintenance relationship

12. Data Protection: GDPR compliance measures and data handling procedures

13. Force Majeure: Circumstances excusing performance and related procedures

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments