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Support And Maintenance Agreement Template for India

This document is a comprehensive Support and Maintenance Agreement governed by Indian law, designed to establish and regulate the ongoing relationship between a service provider and customer for technical support and maintenance services. It outlines service levels, response times, maintenance schedules, and support procedures while ensuring compliance with Indian contract law, IT regulations, and data protection requirements. The agreement includes detailed provisions for service delivery, performance metrics, payment terms, and dispute resolution mechanisms specific to the Indian legal context.

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What is a Support And Maintenance Agreement?

The Support and Maintenance Agreement is essential for businesses operating in India that require ongoing technical support and maintenance services for their systems, software, or equipment. This document is typically used when a company needs to establish a formal relationship with a service provider for continuous support, regular maintenance, and troubleshooting services. The agreement, governed by Indian law, particularly the Indian Contract Act, 1872 and Information Technology Act, 2000, comprehensively covers service levels, response times, maintenance schedules, fee structures, and performance metrics. It provides legal protection for both parties while ensuring clear understanding of their respective rights, obligations, and remedies. The document is crucial for maintaining business continuity and establishing accountability in service delivery relationships.

What sections should be included in a Support And Maintenance Agreement?

1. Parties: Identifies and provides details of the service provider and customer entering into the agreement

2. Background: Contextual information explaining the purpose of the agreement and relationship between the parties

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

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: Requirements and responsibilities of the customer to enable service delivery

7. Service Levels: Defines performance standards, response times, and service availability requirements

8. Fees and Payment Terms: Details of service charges, payment schedule, and billing procedures

9. Term and Termination: Duration of the agreement and conditions for termination

10. Intellectual Property Rights: Protection and ownership of IP related to the services

11. Confidentiality: Obligations regarding protection of confidential information

12. Liability and Indemnification: Limits of liability and indemnification obligations

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

14. Dispute Resolution: Process for resolving disputes between parties

15. Governing Law: Specifies Indian law as governing law and jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Support And Maintenance Agreement?

1. Data Protection and Privacy: Required when personal data processing is involved in service delivery

2. Disaster Recovery: Include when business continuity is critical and specific recovery procedures are needed

3. Training: Include when service provider needs to provide training to customer staff

4. Transition Services: Required when specific provisions for service transition in/out are needed

5. Insurance: Include when specific insurance requirements need to be maintained

6. Third-Party Vendors: Include when subcontractors or third-party services are involved

7. Change Control: Include when formal processes for service changes are required

8. Security Requirements: Include when specific security protocols or compliance requirements apply

What schedules should be included in a Support And Maintenance Agreement?

1. Schedule 1 - Service Level Agreement (SLA): Detailed metrics and measurements for service performance

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Support Services Description: Detailed description of support levels and maintenance services

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

5. Schedule 5 - Technical Requirements: Technical specifications and requirements for service delivery

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

7. Appendix A - Incident Management Procedures: Detailed procedures for handling and resolving incidents

8. Appendix B - Change Request Form: Standard form for requesting changes to services

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Ƶ

Cost

Free to use

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