The Computer Maintenance Agreement is essential for organizations operating in Malaysia that require professional maintenance services for their computer systems and IT infrastructure. This document is typically used when a company needs to establish a formal relationship with an IT service provider for ongoing maintenance, support, and servicing of computer equipment. The agreement covers crucial aspects such as preventive maintenance schedules, emergency repair procedures, response time commitments, and service level guarantees. It ensures compliance with Malaysian legal requirements while protecting both parties' interests in the maintenance relationship. The document is particularly important in contexts where system reliability is critical for business operations and where clear performance metrics and accountability are required.
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1. Parties: Identification of the service provider and the client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including brief description of the parties' businesses and purpose of the maintenance services
3. Definitions: Definitions of technical terms, key concepts, and abbreviated terms used throughout the agreement
4. Scope of Services: Detailed description of maintenance services to be provided, including preventive and corrective maintenance
5. Term and Renewal: Duration of the agreement, commencement date, and renewal terms
6. Service Provider Obligations: Detailed responsibilities of the service provider, including response times, quality standards, and reporting requirements
7. Client Obligations: Client's responsibilities, including access provision, cooperation requirements, and maintaining suitable environment
8. Fees and Payment: Maintenance fees, payment terms, expenses, and any additional charges
9. Service Levels: Specific performance standards, response times, and measurement criteria
10. Confidentiality: Protection of confidential information and data security requirements
11. Liability and Indemnity: Limitation of liability, indemnification provisions, and insurance requirements
12. Termination: Grounds for termination, notice requirements, and consequences of termination
13. General Provisions: Standard boilerplate clauses including governing law, notices, assignment, and entire agreement
1. Data Protection: Detailed section on data protection obligations when maintenance involves access to personal data or sensitive information
2. Disaster Recovery: Procedures and responsibilities for disaster recovery when maintenance provider is involved in backup and recovery services
3. Software Licenses: Terms regarding software licensing when maintenance includes software updates or installations
4. Training: Requirements for training client's staff when knowledge transfer is part of the maintenance arrangement
5. Warranties: Specific warranties for parts and labor when physical components are replaced or repaired
6. Third-Party Contractors: Terms governing use of subcontractors when service provider may need to engage third parties
7. Equipment Upgrade: Provisions for hardware/software upgrades when agreement includes modernization services
1. Schedule 1 - Equipment List: Detailed inventory of all computer equipment covered under the maintenance agreement
2. Schedule 2 - Service Level Agreement: Specific metrics, response times, and performance standards with associated penalties/remedies
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, including regular maintenance charges and additional service costs
4. Schedule 4 - Maintenance Procedures: Step-by-step procedures for routine maintenance and emergency responses
5. Schedule 5 - Contact Details: List of key personnel and contact information for both parties
6. Schedule 6 - Report Ƶ: Standard formats for maintenance reports and performance monitoring
7. Appendix A - Incident Report Form: Template for reporting and documenting maintenance incidents and resolutions
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