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Service And Maintenance Agreement
"I need a Service and Maintenance Agreement under Swiss law for IT infrastructure maintenance services, including 24/7 support and emergency response requirements, to be provided to our Zurich-based company starting March 2025."
1. Parties: Identification of the service provider and customer, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the maintenance and service obligations to be provided
5. Service Provider's Obligations: Specific duties and responsibilities of the service provider
6. Customer's Obligations: Customer's responsibilities including access, cooperation, and information provision
7. Service Levels: Performance standards, response times, and service availability requirements
8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
9. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
10. Liability and Indemnification: Allocation of risks and limitations of liability under Swiss law
11. Force Majeure: Circumstances excusing performance of obligations
12. Confidentiality: Protection of confidential information and trade secrets
13. General Provisions: Standard clauses including notices, amendments, and governing law
1. Data Protection: Required when personal data processing is involved, ensuring compliance with Swiss Federal Act on Data Protection
2. Intellectual Property: Needed when services involve software, documentation, or other IP-protected materials
3. Insurance: Include when specific insurance coverage requirements are necessary for high-risk services
4. Personnel: Required when specific qualifications or security clearances are needed for service personnel
5. Spare Parts: Include when maintenance services require replacement parts or components
6. Emergency Services: Add when 24/7 emergency response or special out-of-hours services are required
7. Training: Include when service provider must provide training to customer's staff
8. Warranty: Add when specific warranties for maintenance work or replaced parts are required
1. Schedule 1 - Service Specification: Detailed technical specifications of maintenance and service tasks
2. Schedule 2 - Service Levels and KPIs: Specific performance metrics, response times, and measurement criteria
3. Schedule 3 - Fee Schedule: Detailed pricing, rate cards, and payment terms
4. Schedule 4 - Equipment List: Inventory of equipment covered by the maintenance services
5. Schedule 5 - Contact Details: Key contacts and escalation procedures for both parties
6. Schedule 6 - Site Access Procedures: Procedures for accessing customer premises and security requirements
7. Appendix A - Form of Reports: Templates for maintenance reports and service documentation
8. Appendix B - Change Request Form: Standard form for requesting changes to services or scope
Authors
Manufacturing
Information Technology
Healthcare
Building & Construction
Industrial Equipment
Facilities Management
Energy & Utilities
Telecommunications
Transportation & Logistics
Real Estate
Legal
Operations
Facilities Management
Procurement
Technical Services
Maintenance
Contract Management
Risk Management
Finance
Compliance
Facility Manager
Maintenance Director
Operations Manager
Technical Services Manager
Contract Manager
Procurement Manager
Legal Counsel
Chief Operations Officer
Service Delivery Manager
Technical Director
Equipment Manager
Asset Manager
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