Server Maintenance Contract Template for Malaysia

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Key Requirements PROMPT example:

Server Maintenance Contract

"I need a Server Maintenance Contract for a healthcare facility in Kuala Lumpur, with strict data protection provisions and 24/7 emergency support requirements, to be effective from March 1, 2025."

Document background
The Server Maintenance Contract is essential for organizations operating in Malaysia that require professional maintenance of their server infrastructure. This document is typically used when a company needs to engage external expertise for regular server maintenance, emergency support, and technical updates. The contract ensures compliance with Malaysian regulations including the Personal Data Protection Act 2010 and Computer Crimes Act 1997, while establishing clear service levels, maintenance schedules, and technical requirements. It's particularly crucial for businesses that rely heavily on their IT infrastructure and need to ensure continuous, reliable operation of their servers through professional maintenance services.
Suggested Sections

1. Parties: Identification of the service provider and the client, including registered addresses and company registration numbers

2. Background: Context of the agreement, including brief description of the client's server infrastructure and maintenance needs

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

4. Scope of Services: Detailed description of maintenance services to be provided, including preventive and corrective maintenance

5. Service Provider Obligations: Key responsibilities and commitments of the maintenance provider, including response times and quality standards

6. Client Obligations: Client's responsibilities including access provision, information sharing, and maintaining proper operating environment

7. Service Levels: Specific performance metrics, response times, and service availability commitments

8. Fees and Payment: Pricing structure, payment terms, expenses, and invoicing procedures

9. Term and Termination: Contract duration, renewal terms, and circumstances for termination

10. Confidentiality: Provisions for protecting confidential information and data security

11. Intellectual Property: Rights and restrictions regarding any IP involved in the maintenance services

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

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

14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

15. Execution: Signature blocks and execution details

Optional Sections

1. Data Protection: Detailed section on data protection obligations - required if maintenance involves access to personal data

2. Disaster Recovery: Specific provisions for disaster recovery procedures - recommended for critical server infrastructure

3. Security Requirements: Detailed security protocols and requirements - important for high-security environments

4. Staff and Subcontractors: Rules regarding personnel and subcontracting - needed if specific staffing requirements exist

5. Training: Provisions for training client staff - include if knowledge transfer is part of the scope

6. Hardware Provision: Terms for supply of replacement parts - include if hardware supply is part of the service

7. Software Updates: Terms for software updates and patch management - include if software maintenance is in scope

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed SLA metrics, calculations, and penalties

2. Schedule 2 - Maintenance Services Description: Detailed technical specification of maintenance services

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

4. Schedule 4 - Supported Infrastructure: List of servers and equipment covered under the contract

5. Schedule 5 - Contact Details and Escalation Procedure: Key contacts and escalation matrices for both parties

6. Schedule 6 - Service Reports and Documentation: Templates and requirements for maintenance reports

7. Appendix A - Technical Requirements: Specific technical requirements and standards to be followed

8. Appendix B - Security Protocols: Detailed security procedures and requirements

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
Relevant Industries

Information Technology

Banking and Finance

Healthcare

E-commerce

Manufacturing

Government and Public Sector

Education

Telecommunications

Retail

Insurance

Professional Services

Relevant Teams

Information Technology

Infrastructure

Operations

Legal

Procurement

Compliance

Information Security

Technical Support

Service Delivery

Data Center Operations

Risk Management

Vendor Management

Relevant Roles

IT Director

Chief Technology Officer

Infrastructure Manager

Data Center Manager

IT Operations Manager

Systems Administrator

Network Engineer

IT Procurement Manager

Legal Counsel

Compliance Officer

Service Delivery Manager

Technical Support Manager

Chief Information Officer

IT Security Manager

Facilities 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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