Support And Maintenance Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Support And Maintenance Agreement is essential for businesses requiring ongoing technical or operational support services under German law. This document is commonly used when a service provider agrees to provide continuous maintenance, technical support, updates, or operational assistance to a customer. It becomes particularly relevant in scenarios involving software systems, hardware infrastructure, or facility maintenance where regular upkeep and support are crucial for business operations. The agreement must comply with German legal requirements, particularly the German Civil Code (BGB) provisions regarding service contracts (Dienstvertrag) and the German implementation of GDPR for data protection. It typically includes detailed service level agreements, response time commitments, and clear delineation of responsibilities between parties.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Manufacturing

Healthcare

Financial Services

Telecommunications

Real Estate

Infrastructure

Energy

Industrial Services

Software Development

Data Centers

Transportation

Retail

Professional Services

Relevant Teams

Legal

Information Technology

Operations

Procurement

Facilities Management

Service Delivery

Technical Support

Compliance

Risk Management

Contract Administration

Vendor Management

Relevant Roles

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

Industries
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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