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Support And Maintenance Agreement Template for Australia

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Key Requirements PROMPT example:

Support And Maintenance Agreement

"I need a Support and Maintenance Agreement for my software company providing 24/7 IT support services to a large healthcare provider, with strict data protection requirements and service level agreements including 99.9% uptime guarantee."

Document background
The Support and Maintenance Agreement is essential for businesses operating in Australia that provide or receive ongoing technical, operational, or equipment maintenance services. This document is typically used when establishing a continuing service relationship where regular support, updates, repairs, or maintenance are required. It addresses key aspects such as service scope, performance standards, response times, and fee structures, while ensuring compliance with Australian consumer law and relevant industry regulations. The agreement is particularly important in technology-driven sectors but is adaptable across various industries where ongoing support services are crucial. It provides legal protection for both service providers and customers while establishing clear operational parameters and service expectations.
Suggested Sections

1. Parties: Identifies and provides details of the service provider and the customer

2. Background: Outlines the context of the agreement and the parties' intention to enter into a support and maintenance arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Services Scope: Detailed description of support and maintenance services to be provided

5. Service Levels: Defines performance standards, response times, and service availability requirements

6. Customer Obligations: Specifies customer responsibilities and requirements for service delivery

7. Fees and Payment: Details of service fees, payment terms, and billing procedures

8. Term and Termination: Agreement duration, renewal terms, and termination conditions

9. Intellectual Property: Rights and restrictions regarding IP in relation to the services

10. Confidentiality: Obligations regarding confidential information protection

11. Liability and Indemnification: Limitations of liability and indemnification obligations

12. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

13. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Data Protection: Detailed data handling and privacy provisions, required when personal data processing is involved

2. Disaster Recovery: Specific procedures for service continuity in emergency situations, important for critical systems

3. Security Requirements: Detailed security protocols and requirements, necessary for sensitive systems or regulated industries

4. Transition Services: Procedures for service handover at agreement end, important for complex systems

5. Insurance: Specific insurance requirements, important for high-risk or high-value services

6. Personnel Requirements: Specific qualifications or clearances required for service personnel

7. Audit Rights: Customer rights to audit service provider's operations, important in regulated industries

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed metrics and standards for service performance measurement

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Technical Requirements: Technical specifications and requirements for service delivery

4. Schedule 4 - Support Procedures: Detailed procedures for requesting and delivering support services

5. Schedule 5 - Escalation Matrix: Contact details and procedures for issue escalation

6. Schedule 6 - Service Locations: List of locations where services will be provided

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

8. Appendix B - Report Templates: Standard templates for service reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions














































Clauses









































Relevant Industries

Information Technology

Software Development

Manufacturing

Telecommunications

Healthcare

Financial Services

Industrial Services

Building Management

Infrastructure

Professional Services

Education

Retail

Relevant Teams

Legal

Operations

Service Delivery

Technical Support

Maintenance

Commercial

Procurement

Account Management

Customer Success

Service Operations

Facilities Management

Contract Administration

Relevant Roles

IT Manager

Service Delivery Manager

Operations Director

Maintenance Supervisor

Technical Support Lead

Contract Manager

Procurement Manager

Legal Counsel

Commercial Manager

Chief Technology Officer

Facilities Manager

Account Manager

Service Operations Manager

Support Team Leader

Business Development Manager

Industries







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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