The Support Contract is designed for use in scenarios where ongoing technical, operational, or professional support services are required between parties operating under German jurisdiction. This contract type is essential when establishing a formal support relationship, whether for software maintenance, technical assistance, operational support, or professional services. The document incorporates key elements required under German law, including detailed service specifications, performance metrics, and data protection provisions compliant with both GDPR and German Federal Data Protection Act (BDSG). It's structured to address various support scenarios while ensuring enforceability under German law, particularly considering the provisions of the German Civil Code (BGB) regarding service contracts and contracts for work. The agreement is typically used when establishing long-term support relationships and needs to clearly define service levels, response times, and mutual obligations.
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1. Parties: Identification of the contracting parties - support provider and customer, including full legal names and addresses
2. Background: Context of the agreement and brief description of the support services to be provided
3. Definitions: Key terms used throughout the agreement, including technical terms specific to the support services
4. Scope of Services: Detailed description of support services, including standard response times and service channels
5. Service Provider Obligations: Core obligations of the support provider, including quality standards and personnel requirements
6. Customer Obligations: Customer's responsibilities, including providing necessary access and information
7. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
8. Term and Termination: Contract duration, renewal terms, and termination provisions
9. Service Levels: Specific performance metrics and standards for the support services
10. Data Protection and Confidentiality: Provisions for handling customer data and confidential information in compliance with GDPR and BDSG
11. Liability and Limitation: Liability provisions and limitations in accordance with German law
12. Force Majeure: Provisions for circumstances beyond reasonable control
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Emergency Support Services: Additional provisions for emergency support services outside standard hours
2. On-Site Support: Terms for physical on-site support when required
3. Third-Party Software: Provisions regarding support for third-party software or systems
4. Training Services: Terms for additional training services if offered
5. Hardware Support: Specific terms for hardware maintenance and support if applicable
6. Escalation Procedures: Detailed procedures for escalating support issues
7. Disaster Recovery: Provisions for support during disaster recovery scenarios
8. Service Credits: Framework for service credits in case of missed service levels
1. Schedule 1 - Service Level Agreement: Detailed service levels, response times, and performance metrics
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including standard rates and special rates
3. Schedule 3 - Technical Specifications: Technical details of systems, software, or equipment covered by support
4. Schedule 4 - Support Procedures: Detailed procedures for requesting and providing support
5. Schedule 5 - Contact Details: Key contacts and escalation points for both parties
6. Schedule 6 - Data Processing Agreement: Detailed terms for processing personal data in compliance with GDPR
7. Appendix A - Incident Classification: Definitions and examples of different incident priority levels
8. Appendix B - Response Time Matrix: Matrix showing response times for different incident priorities
Relevant legal definitions
Agreement
Authorized Users
Business Day
Business Hours
Confidential Information
Critical Incident
Customer Data
Customer Systems
Documentation
Emergency Support
Fees
Force Majeure Event
Incident
Initial Term
Intellectual Property Rights
Major Incident
Minor Incident
Normal Business Hours
On-Site Support
Personal Data
Priority Levels
Remote Support
Response Time
Resolution Time
Service Credits
Service Hours
Service Levels
Service Provider Systems
Services
Software
Support Channel
Support Hours
Support Personnel
Support Request
Support Services
Support Ticket
System
Term
Third-Party Software
Updates
Upgrades
Workaround
Authorized Users
Business Day
Business Hours
Confidential Information
Critical Incident
Customer Data
Customer Systems
Documentation
Emergency Support
Fees
Force Majeure Event
Incident
Initial Term
Intellectual Property Rights
Major Incident
Minor Incident
Normal Business Hours
On-Site Support
Personal Data
Priority Levels
Remote Support
Response Time
Resolution Time
Service Credits
Service Hours
Service Levels
Service Provider Systems
Services
Software
Support Channel
Support Hours
Support Personnel
Support Request
Support Services
Support Ticket
System
Term
Third-Party Software
Updates
Upgrades
Workaround
Clauses
Services
Service Levels
Performance Standards
Support Hours
Response Times
Fees and Payment
Term and Termination
Data Protection
Confidentiality
Intellectual Property
Liability
Force Majeure
Personnel
Customer Obligations
Provider Obligations
Warranties
Insurance
Audit Rights
Change Control
Documentation
Emergency Support
Escalation
Subcontracting
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Indemnification
Service Credits
Reporting
Quality Assurance
Access Rights
Security
Service Levels
Performance Standards
Support Hours
Response Times
Fees and Payment
Term and Termination
Data Protection
Confidentiality
Intellectual Property
Liability
Force Majeure
Personnel
Customer Obligations
Provider Obligations
Warranties
Insurance
Audit Rights
Change Control
Documentation
Emergency Support
Escalation
Subcontracting
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Indemnification
Service Credits
Reporting
Quality Assurance
Access Rights
Security
Relevant Industries
Information Technology
Software Development
Telecommunications
Manufacturing
Healthcare Technology
Financial Services
Industrial Automation
Professional Services
Cloud Computing
Enterprise Software
Hardware Manufacturing
Technical Consulting
Managed Services
Relevant Teams
Legal
Operations
Technical Support
Customer Success
Service Delivery
Procurement
Compliance
Contract Management
Account Management
IT Services
Technical Operations
Commercial
Relevant Roles
Technical Support Manager
Service Delivery Manager
IT Director
Contract Manager
Legal Counsel
Operations Manager
Account Manager
Customer Success Manager
Support Team Lead
Procurement Manager
IT Service Manager
Commercial Director
Technical Operations Director
Compliance Officer
Service Level Manager
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