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Support And Maintenance Agreement
"I need a Support and Maintenance Agreement for my IT consulting company to provide 24/7 software maintenance services to a healthcare provider, with strict data protection clauses and specific provisions for emergency response times under New Zealand law."
1. Parties: Identifies and provides details of the service provider and the customer
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Term and Renewal: Specifies the initial term of the agreement and renewal provisions
5. Scope of Services: Details the maintenance and support services to be provided
6. Service Provider Obligations: Outlines the key responsibilities and commitments of the service provider
7. Customer Obligations: Specifies the customer's responsibilities and requirements for service delivery
8. Service Levels: Defines the performance standards and metrics for service delivery
9. Fees and Payment: Details the pricing structure, payment terms, and invoicing procedures
10. Intellectual Property: Addresses ownership and usage rights of any IP involved in service delivery
11. Confidentiality: Protects confidential information exchanged during service provision
12. Liability and Indemnities: Sets out the liability limitations and indemnification obligations
13. Termination: Specifies circumstances and procedures for ending the agreement
14. General Provisions: Contains standard legal provisions including governing law, notices, and assignment
1. Data Protection: Required when personal data processing is involved in service delivery
2. Disaster Recovery: Important for critical systems maintenance where business continuity is essential
3. Change Management: Needed when services may require significant modifications during the term
4. Security Requirements: Required for maintenance of sensitive systems or environments
5. Compliance and Audit Rights: Important when regulatory compliance needs to be demonstrated
6. Insurance: Required for high-risk maintenance services or when working with valuable equipment
7. Personnel Requirements: Needed when specific qualifications or security clearances are required
8. Transition Services: Important when complex handover procedures may be needed at termination
1. Schedule 1 - Service Description: Detailed description of maintenance and support services
2. Schedule 2 - Service Levels: Detailed service level agreements, response times, and performance metrics
3. Schedule 3 - Fee Schedule: Detailed pricing, including rates for different service types and out-of-hours support
4. Schedule 4 - Supported Equipment/Systems: List and specifications of equipment or systems covered by the agreement
5. Schedule 5 - Contact Details and Escalation Procedures: Key contacts and procedures for issue escalation
6. Schedule 6 - Service Reports and KPIs: Templates and requirements for service reporting
7. Schedule 7 - Change Request Process: Procedures and forms for requesting service changes
8. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery
Authors
Authorized Representative
Business Day
Business Hours
Charges
Commencement Date
Confidential Information
Critical Incident
Customer
Customer Equipment
Customer Site
Documentation
Emergency Maintenance
Equipment
Force Majeure Event
Good Industry Practice
Incident
Initial Term
Intellectual Property Rights
Maintenance Schedule
Maintenance Services
Maintenance Window
Normal Business Hours
Out of Hours Support
Planned Maintenance
Preventative Maintenance
Priority Levels
Response Time
Resolution Time
Service Credits
Service Hours
Service Levels
Service Level Agreement (SLA)
Service Provider
Service Provider Personnel
Service Reports
Services
Software
Specifications
Support Request
Support Services
System
Term
Third Party Products
Updates
Upgrades
Warranty Period
Work Order
Term and Renewal
Fees and Payment
Service Levels
Performance Standards
Response Times
Support Obligations
Maintenance Requirements
Customer Obligations
Access Rights
Personnel
Subcontracting
Change Control
Intellectual Property
Confidentiality
Data Protection
Security
Warranties
Liability
Indemnification
Insurance
Force Majeure
Termination
Exit Management
Dispute Resolution
Notices
Assignment
Entire Agreement
Variation
Severability
Governing Law
Third Party Rights
Health and Safety
Compliance
Audit Rights
Reporting
Record Keeping
Business Continuity
Disaster Recovery
Anti-Bribery
Modern Slavery
Information Technology
Manufacturing
Healthcare
Telecommunications
Financial Services
Energy and Utilities
Construction
Property Management
Education
Retail
Logistics and Transportation
Professional Services
Legal
Operations
Procurement
Information Technology
Facilities Management
Technical Support
Service Delivery
Account Management
Risk and Compliance
Finance
Commercial
Chief Technology Officer
Operations Manager
Facilities Manager
Procurement Manager
Contract Manager
Technical Support Manager
Maintenance Supervisor
Service Delivery Manager
Legal Counsel
Risk Manager
IT Infrastructure Manager
Account Manager
Project Manager
Commercial Manager
Chief Financial Officer
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