Support And Maintenance Agreement Template for Malaysia

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Key Requirements PROMPT example:

Support And Maintenance Agreement

"I need a Support and Maintenance Agreement for my company's cloud infrastructure and data center services, starting March 2025, that includes 24/7 support coverage, strict SLAs with 99.9% uptime guarantee, and comprehensive disaster recovery provisions for our Malaysia-based operations."

Document background
The Support and Maintenance Agreement is essential for businesses operating in Malaysia that require ongoing technical, operational, or infrastructure support services. This contract type is commonly used when a service provider agrees to maintain, support, and service specific equipment, systems, or facilities for a customer over an extended period. The agreement, governed by Malaysian law, typically includes detailed service level agreements (SLAs), response time commitments, pricing structures, and clear delineation of responsibilities. It's particularly important in ensuring compliance with local regulations while providing clear frameworks for service delivery, quality standards, and dispute resolution. The document should be customized based on the specific maintenance requirements, industry standards, and the nature of services being provided, while ensuring alignment with Malaysian legal requirements including the Contracts Act 1950 and relevant industry-specific regulations.
Suggested Sections

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

2. Background: Context of the agreement, including brief description of the services and purpose

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

4. Scope of Services: Detailed description of maintenance and support 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: Performance standards, response times, and service quality metrics

8. Fees and Payment: Pricing structure, payment terms, invoicing, and late payment consequences

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

10. Intellectual Property Rights: Ownership and usage rights of any IP involved in service delivery

11. Confidentiality: Protection and handling of confidential information

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

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

14. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Data Protection: Required when personal data processing is involved, detailing compliance with PDPA 2010

2. Change Control: Include when services may need significant modifications during the term

3. Disaster Recovery: Important for critical systems maintenance contracts

4. Training: Include when service provider must provide training to customer staff

5. Third Party Rights: Required when third-party software or services are part of maintenance scope

6. Export Control: Include for international services or technology transfers

7. Environmental Compliance: Required for maintenance services involving environmental impacts

8. Security Requirements: Include for services involving access to sensitive systems or facilities

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, pricing structure, and payment milestones

3. Schedule 3 - Support Services Description: Detailed specification of support services, including maintenance procedures

4. Schedule 4 - Escalation Matrix: Contact details and escalation procedures for various service issues

5. Schedule 5 - Equipment/Systems Under Maintenance: List of specific equipment, software, or systems covered by the agreement

6. Schedule 6 - Service Locations: List of locations where services will be provided

7. Schedule 7 - Key Personnel: Details of key staff members responsible for service delivery

8. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery

9. Appendix B - Report Templates: Standard formats for service reports and documentation

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

Telecommunications

Financial Services

Real Estate

Education

Industrial

Construction

Utilities

Retail

Transportation

Relevant Teams

Legal

Operations

Procurement

Information Technology

Facilities Management

Technical Support

Service Delivery

Compliance

Risk Management

Contract Administration

Project Management

Relevant Roles

Chief Technology Officer

Facilities Manager

Operations Director

Procurement Manager

Legal Counsel

Contract Administrator

Technical Support Manager

Service Delivery Manager

Maintenance Supervisor

IT Infrastructure Manager

Risk Manager

Compliance Officer

Project Manager

Account Manager

Operations 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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