The Support and Maintenance Agreement is essential for businesses requiring ongoing technical support and maintenance services for their systems, equipment, or software. This document is particularly relevant in Hong Kong's dynamic business environment, where technology-dependent operations require reliable support structures. It establishes the framework for service delivery, defining critical elements such as service levels, response times, maintenance schedules, and escalation procedures. The agreement ensures clarity in roles and responsibilities while adhering to Hong Kong's legal requirements, including contract law, data privacy regulations, and consumer protection standards. It is commonly used when organizations need to formalize their support arrangements, whether for IT systems, equipment maintenance, or software support, and includes specific provisions for performance monitoring, reporting, and service quality assurance.
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1. Parties: Identifies and provides details of the service provider and customer entering into the agreement
2. Background: Provides context for the agreement and describes the customer's need for support and maintenance services
3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation
4. Scope of Services: Details the support and maintenance services to be provided, including service levels and coverage hours
5. Service Provider Obligations: Outlines the specific responsibilities and commitments of the service provider
6. Customer Obligations: Specifies the customer's responsibilities and requirements for enabling service delivery
7. Service Levels: Defines the performance standards, response times, and resolution times for different types of issues
8. Fees and Payment: Details the fee structure, payment terms, and any additional charges
9. Term and Termination: Specifies the agreement duration, renewal terms, and conditions for termination
10. Intellectual Property: Addresses ownership and usage rights of any IP involved in service delivery
11. Confidentiality: Establishes obligations regarding confidential information handling
12. Liability and Indemnification: Sets out liability limitations and indemnification obligations
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendment procedures
1. Change Management: Include when the scope of services may require frequent modifications or updates
2. Disaster Recovery: Add when business continuity and disaster recovery procedures are critical
3. Data Protection: Include when services involve processing personal or sensitive data
4. Security Requirements: Add for services requiring specific security protocols or compliance
5. Audit Rights: Include when customer requires rights to audit service provider's operations
6. Personnel Requirements: Add when specific qualifications or security clearances are needed for service personnel
7. Insurance: Include when specific insurance coverage requirements exist
8. Service Credits: Add when financial penalties for missing service levels are required
1. Service Level Agreement (SLA): Detailed metrics and measurements for service performance
2. Support Services Description: Detailed description of support services, including processes and procedures
3. Maintenance Schedule: Planned maintenance windows and procedures
4. Fee Schedule: Detailed breakdown of fees, rates, and charging mechanisms
5. Escalation Matrix: Contact details and escalation procedures for various types of issues
6. Equipment List: Inventory of equipment covered under the maintenance agreement
7. Technical Requirements: Technical specifications and requirements for service delivery
8. Service Reports: Templates and requirements for service reporting
Relevant legal definitions
Agreement
Authorized Users
Business Day
Business Hours
Charges
Commencement Date
Confidential Information
Critical Failure
Customer Data
Customer Environment
Customer Systems
Documentation
Emergency Maintenance
Equipment
Escalation Process
Force Majeure Event
Good Industry Practice
Incident
Initial Term
Intellectual Property Rights
Maintenance Release
Maintenance Services
Maintenance Window
Major Release
Minor Release
Normal Business Hours
Operating Environment
Planned Maintenance
Priority Levels
Problem
Resolution Time
Response Time
Service Credits
Service Hours
Service Levels
Service Provider Personnel
Service Provider Systems
Services
Software
Specifications
Support Hours
Support Level
Support Request
Support Services
System
Term
Third Party Software
Upgrades
Virus
Vulnerability
Authorized Users
Business Day
Business Hours
Charges
Commencement Date
Confidential Information
Critical Failure
Customer Data
Customer Environment
Customer Systems
Documentation
Emergency Maintenance
Equipment
Escalation Process
Force Majeure Event
Good Industry Practice
Incident
Initial Term
Intellectual Property Rights
Maintenance Release
Maintenance Services
Maintenance Window
Major Release
Minor Release
Normal Business Hours
Operating Environment
Planned Maintenance
Priority Levels
Problem
Resolution Time
Response Time
Service Credits
Service Hours
Service Levels
Service Provider Personnel
Service Provider Systems
Services
Software
Specifications
Support Hours
Support Level
Support Request
Support Services
System
Term
Third Party Software
Upgrades
Virus
Vulnerability
Clauses
Interpretation
Term and Renewal
Service Provision
Service Levels
Support Services
Maintenance Services
Customer Obligations
Service Provider Obligations
Charges and Payment
Personnel
Change Control
Intellectual Property Rights
Confidentiality
Data Protection
Security
Audit Rights
Warranties
Liability and Indemnification
Force Majeure
Termination
Exit Management
Insurance
Anti-Bribery
Assignment and Subcontracting
Non-Solicitation
Notices
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Survival
Counterparts
Term and Renewal
Service Provision
Service Levels
Support Services
Maintenance Services
Customer Obligations
Service Provider Obligations
Charges and Payment
Personnel
Change Control
Intellectual Property Rights
Confidentiality
Data Protection
Security
Audit Rights
Warranties
Liability and Indemnification
Force Majeure
Termination
Exit Management
Insurance
Anti-Bribery
Assignment and Subcontracting
Non-Solicitation
Notices
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Survival
Counterparts
Relevant Industries
Information Technology
Telecommunications
Healthcare
Financial Services
Manufacturing
Retail
Education
Professional Services
Infrastructure
Transportation
Energy
Real Estate
Relevant Teams
Legal
Information Technology
Operations
Procurement
Facilities Management
Risk and Compliance
Service Delivery
Technical Support
Maintenance
Contract Management
Project Management
Account Management
Relevant Roles
IT Manager
Chief Technology Officer
Facilities Manager
Operations Director
Procurement Manager
Legal Counsel
Contract Manager
Service Delivery Manager
Technical Support Manager
Maintenance Supervisor
Chief Information Officer
Risk Manager
Compliance Officer
Project Manager
Account Manager
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