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Support And Maintenance Agreement

Support And Maintenance Agreement Template for Philippines

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Key Requirements PROMPT example:

Support And Maintenance Agreement

"I need a Support and Maintenance Agreement for my software company based in Manila, providing 24/7 technical support services to a major bank, including incident response, system updates, and cybersecurity monitoring, with service level agreements and penalties for breach of response times, starting March 2025."

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Document background
The Support and Maintenance Agreement is essential for businesses operating in the Philippines that require ongoing technical support and maintenance services for their systems, software, or equipment. This document is particularly crucial in the Philippine context where the technology sector is rapidly growing and businesses increasingly rely on technical infrastructure. The agreement ensures compliance with Philippine regulations, including the Electronic Commerce Act (RA 8792) and Data Privacy Act (RA 10173), while providing a clear framework for service delivery, quality standards, and dispute resolution. It's commonly used when organizations need to formalize their support arrangements with technical service providers, ensuring both parties understand their obligations and the scope of services to be provided. The document typically includes detailed service level agreements, response time commitments, maintenance schedules, and pricing structures, all tailored to meet Philippine legal requirements and business practices.
Suggested Sections

1. Parties: Identification of the service provider and customer, including their legal details and addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Detailed definitions of technical terms, service-related terminology, and other key concepts used in the agreement

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: Customer's responsibilities and requirements for enabling service delivery

7. Service Levels: Performance standards, response times, and service quality metrics

8. Fees and Payment: Pricing, payment terms, and billing procedures

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

10. Intellectual Property Rights: Protection and ownership of IP involved in service delivery

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with data privacy laws and data handling procedures

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Force Majeure: Handling of circumstances beyond parties' control

15. Dispute Resolution: Procedures for resolving disputes between parties

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

Optional Sections

1. Change Control: Procedures for managing changes to services or requirements - include when services may evolve over time

2. Disaster Recovery: Procedures for handling system failures and service recovery - include for critical systems support

3. Training: Details of training provided to customer staff - include when service includes knowledge transfer

4. Security Requirements: Specific security protocols and requirements - include for services involving sensitive data or systems

5. Performance Monitoring: Detailed monitoring and reporting procedures - include for complex service arrangements

6. Transition Services: Procedures for service transition at start and end of contract - include for complex implementations

7. Insurance: Specific insurance requirements - include for high-risk services

8. Compliance with Industry Standards: Specific industry standards to be met - include for regulated industries

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications of support and maintenance services

2. Schedule 2 - Service Levels: Detailed service level agreements, KPIs, and measurement methods

3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and rate cards

4. Schedule 4 - Escalation Matrix: Contact details and escalation procedures for support issues

5. Schedule 5 - Technical Requirements: System requirements and technical specifications

6. Schedule 6 - Support Hours and Coverage: Detailed support times, coverage periods, and holiday schedules

7. Appendix A - Incident Classification: Definitions and response times for different types of support incidents

8. Appendix B - Report Formats: Templates and formats for service performance reporting

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Representatives
Business Day
Business Hours
Confidential Information
Critical Incident
Customer Data
Customer Systems
Disaster Recovery Plan
Documentation
Emergency Maintenance
Escalation Matrix
Fees
Force Majeure Event
Incident
Initial Term
Intellectual Property Rights
Maintenance Window
Major Release
Minor Release
Normal Business Hours
Operating Environment
Patch
Personal Data
Planned Maintenance
Priority Levels
Problem
Response Time
Resolution Time
Service Credits
Service Hours
Service Levels
Service Provider Systems
Services
Software
Support Request
Support Services
System
Term
Third-Party Products
Updates
Upgrades
Urgent Support
User
Virus
Vulnerability
Work-Around
Working Hours
Clauses
Interpretation
Service Provision
Service Levels
Performance Standards
Support Services
Maintenance Services
Response Times
Customer Obligations
Provider Obligations
Fees and Payment
Service Credits
Personnel
Access Rights
Documentation
Change Control
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Term and Renewal
Termination
Exit Management
Dispute Resolution
Assignment
Subcontracting
Notices
Governing Law
Entire Agreement
Severability
Amendments
Waiver
Third Party Rights
Anti-Corruption
Counterparts
Relevant Industries

Information Technology

Telecommunications

Banking and Finance

Healthcare

Manufacturing

Retail

Education

Government and Public Sector

Business Process Outsourcing

E-commerce

Transportation and Logistics

Utilities

Professional Services

Relevant Teams

Legal

Information Technology

Procurement

Operations

Vendor Management

Compliance

Finance

Service Delivery

Infrastructure

Technical Support

Contract Administration

Risk Management

Relevant Roles

IT Manager

Chief Technology Officer

Procurement Manager

Legal Counsel

Operations Director

Service Delivery Manager

Contract Administrator

Technical Support Manager

Chief Information Officer

Vendor Management Specialist

Compliance Officer

Facilities Manager

Infrastructure Manager

Project Manager

Account Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary legislation governing contracts, obligations, and general contract formation requirements in the Philippines
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic transactions and sets legal framework for electronic documents and digital signatures
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer interests and establishes standards for services, particularly relevant if the support services are provided to consumers
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, handling, and protection of personal information, crucial for support services involving customer data
Intellectual Property Code (Republic Act No. 8293): Protects intellectual property rights and trade secrets that may be involved in the support and maintenance services
Labor Code of the Philippines: Governs employment relationships and working conditions if the agreement involves deployment of support personnel
National Internal Revenue Code: Regulates tax obligations for service contracts, including VAT and income tax considerations
Price Act (Republic Act No. 7581): Regulates pricing of services and prevents excessive pricing, particularly during emergency situations
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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