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Support And Maintenance Agreement
"I need a Support and Maintenance Agreement under German law for providing 24/7 IT infrastructure support services to a banking client, including strict data protection measures and service level requirements with 99.99% uptime guarantee."
1. Parties: Identification of the service provider and customer, including full legal names and addresses
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
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 and requirements for enabling service delivery
7. Service Levels: Performance standards, response times, and service availability requirements
8. Fees and Payment: Pricing, payment terms, and invoicing procedures
9. Term and Termination: Duration of the agreement and termination provisions
10. Data Protection and Security: GDPR compliance and data security measures
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances and force majeure events
14. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Intellectual Property Rights: Required when maintenance involves software or other IP-protected materials
2. Insurance: Include when on-site maintenance or high-value equipment is involved
3. Personnel Requirements: Needed when specific qualifications or security clearances are required
4. Disaster Recovery: Include for critical systems or infrastructure maintenance
5. Change Management: Required for complex systems where changes need formal processes
6. Audit Rights: Include when compliance verification is important
7. Non-Solicitation: Add when protection against staff poaching is needed
8. Service Credits: Include when financial penalties for missing service levels are required
1. Schedule 1 - Service Level Agreement: Detailed service levels, metrics, and measurement methods
2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and rate cards
3. Schedule 3 - Support Procedures: Detailed procedures for requesting and providing support
4. Schedule 4 - Technical Requirements: Technical specifications and requirements for maintenance
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and details
7. Schedule 7 - Service Locations: List of locations where services will be provided
8. Appendix A - Incident Categories: Classification of incidents and corresponding response times
Authors
Services
Maintenance Services
Support Services
Service Levels
Response Time
Resolution Time
Business Day
Business Hours
Service Hours
Emergency Maintenance
Planned Maintenance
Incident
Critical Incident
Major Incident
Minor Incident
Service Credits
Service Provider
Customer
Customer Representative
Service Provider Representative
Supported Systems
Documentation
Maintenance Schedule
Updates
Upgrades
Patches
Service Location
Support Request
Confidential Information
Personal Data
Data Protection Laws
GDPR
Intellectual Property Rights
Force Majeure Event
Good Industry Practice
Service Fees
Service Commencement Date
Initial Term
Renewal Term
Service Level Agreement
Support Desk
Help Desk
Maintenance Window
System
Equipment
Software
Hardware
Third Party Software
Acceptance Tests
Change Request
Deliverables
Key Personnel
Service Report
Maintenance Log
Security Requirements
Service Credits
Escalation Procedure
Root Cause Analysis
Workaround
Service Scope
Service Levels
Performance Standards
Support Services
Maintenance Services
Response Times
Payment Terms
Service Credits
Data Protection
Confidentiality
Intellectual Property
Liability
Indemnification
Force Majeure
Term and Termination
Change Management
Disaster Recovery
Security Requirements
Compliance
Personnel
Subcontracting
Insurance
Audit Rights
Dispute Resolution
Governing Law
Assignment
Non-Solicitation
Notices
Entire Agreement
Severability
Third Party Rights
Amendments
Service Reporting
Documentation
Customer Obligations
Access Rights
Emergency Support
Escalation Procedures
Warranty
Service Location
Business Continuity
Information Technology
Manufacturing
Healthcare
Financial Services
Telecommunications
Real Estate
Infrastructure
Energy
Industrial Services
Software Development
Data Centers
Transportation
Retail
Professional Services
Legal
Information Technology
Operations
Procurement
Facilities Management
Service Delivery
Technical Support
Compliance
Risk Management
Contract Administration
Vendor Management
Chief Technology Officer
IT Director
Facilities Manager
Procurement Manager
Legal Counsel
Operations Director
Service Delivery Manager
Contract Manager
Chief Information Officer
Technical Support Manager
Maintenance Supervisor
Project Manager
Risk Manager
Compliance Officer
Account Manager
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