Support And Maintenance Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Support and Maintenance Agreement is essential for businesses requiring or providing ongoing technical support and maintenance services in New Zealand. This document is typically used when establishing a continuing service relationship where regular maintenance, technical support, or system upkeep is required. It comprehensively covers service scope, performance standards, pricing, and risk allocation while ensuring compliance with New Zealand legal requirements. The agreement is particularly relevant in contexts where reliable system operation and quick issue resolution are critical to business operations. It includes detailed service level agreements, response time commitments, and clear procedures for issue reporting and escalation, making it suitable for both technology-focused and traditional maintenance services.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Energy and Utilities

Construction

Property Management

Education

Retail

Logistics and Transportation

Professional Services

Relevant Teams

Legal

Operations

Procurement

Information Technology

Facilities Management

Technical Support

Service Delivery

Account Management

Risk and Compliance

Finance

Commercial

Relevant Roles

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

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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