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Maintenance And Service Contract
"I need a Maintenance and Service Contract for my IT company to provide regular server maintenance services to a chain of hotels in Manila, including 24/7 emergency support and quarterly preventive maintenance, with the contract starting March 1, 2025."
1. Parties: Identifies and provides full details of the service provider and customer, including registration numbers and addresses
2. Background: Explains the context of the agreement and the parties' intention to enter into a maintenance and service arrangement
3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation
4. Scope of Services: Detailed description of maintenance and service activities to be performed
5. Term and Renewal: Specifies the initial duration of the agreement and renewal conditions
6. Service Provider's Obligations: Lists all responsibilities and commitments of the service provider
7. Customer's Obligations: Outlines customer responsibilities including access, information provision, and cooperation
8. Fees and Payment Terms: Details service fees, payment schedule, and payment methods
9. Service Levels: Specifies performance standards, response times, and service quality metrics
10. Personnel: Requirements for service provider's staff, including qualifications and conduct
11. Warranties: Service provider's warranties regarding service quality and performance
12. Liability and Indemnification: Limits of liability and indemnification obligations of both parties
13. Insurance: Required insurance coverage to be maintained by the service provider
14. Confidentiality: Obligations regarding confidential information protection
15. Termination: Grounds and procedures for contract termination
16. Force Majeure: Provisions for handling events beyond parties' reasonable control
17. Governing Law: Specifies Philippine law as governing law and jurisdiction
18. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Intellectual Property Rights: Include when maintenance services involve software, technology, or creation of materials
2. Data Protection: Required when services involve handling personal or sensitive data
3. Environmental Compliance: Include for services with environmental impact or waste management
4. Health and Safety: Add for high-risk maintenance services or on-site work
5. Subcontracting: Include if service provider may need to subcontract certain services
6. Training: Add when service includes training customer's personnel
7. Transition Services: Include for complex services requiring handover periods
8. Emergency Services: Add for critical maintenance services requiring emergency response
9. Spare Parts: Include when maintenance involves equipment requiring spare parts
10. Performance Bonds: Add for high-value contracts requiring performance security
1. Schedule A - Service Specifications: Detailed technical specifications of maintenance and service requirements
2. Schedule B - Service Levels and KPIs: Specific metrics, targets, and measurement methods for service performance
3. Schedule C - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
4. Schedule D - Equipment List: Inventory of equipment covered under maintenance services
5. Schedule E - Maintenance Schedule: Timing and frequency of routine maintenance activities
6. Schedule F - Response Time Matrix: Required response times for different types of service requests
7. Schedule G - Contact Details: Key personnel and emergency contact information
8. Schedule H - Site Access Procedures: Protocols for accessing customer premises
9. Appendix 1 - Service Report Template: Standard format for service completion reports
10. Appendix 2 - Health and Safety Guidelines: Safety procedures and requirements for service delivery
Authors
Applicable Laws
Business Day
Commencement Date
Confidential Information
Contract Price
Customer
Customer Representative
Emergency Maintenance
Equipment
Facilities
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Schedule
Maintenance Services
Material Breach
Normal Business Hours
Notice
Personnel
Planned Maintenance
Preventive Maintenance
Response Time
Scheduled Maintenance
Service Level Agreement
Service Location
Service Provider
Service Provider Representative
Service Report
Services
Spare Parts
Specifications
Subcontractor
Term
Termination Date
Unscheduled Maintenance
VAT
Warranty Period
Work Order
Recitals
Definitions
Service Scope
Term and Renewal
Service Provider Obligations
Customer Obligations
Service Levels
Fees and Payment
Personnel Requirements
Access Rights
Quality Standards
Performance Monitoring
Reporting Requirements
Warranties
Insurance
Liability and Indemnification
Force Majeure
Confidentiality
Data Protection
Intellectual Property
Health and Safety
Environmental Compliance
Subcontracting
Assignment
Change Control
Dispute Resolution
Termination
Notice Requirements
Governing Law
Entire Agreement
Severability
Waiver
Amendment
Counterparts
Compliance with Laws
Anti-Corruption
Force Majeure
Boilerplate Clauses
Manufacturing
Commercial Real Estate
Healthcare
Information Technology
Telecommunications
Industrial Equipment
Facilities Management
Building Maintenance
Hospitality
Education
Energy and Utilities
Transportation
Retail
Legal
Operations
Procurement
Facilities Management
Engineering
Risk and Compliance
Finance
Quality Assurance
Technical Services
Contract Administration
Facility Manager
Operations Director
Maintenance Supervisor
Technical Services Manager
Procurement Manager
Contract Administrator
Legal Counsel
Risk Manager
Chief Operations Officer
Engineering Manager
Quality Assurance Manager
Service Delivery Manager
Asset Manager
Compliance Officer
Project Manager
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