The Support Agreement serves as a crucial legal framework for establishing and managing support service relationships under German law. It is specifically designed for situations where one party (the service provider) commits to providing ongoing technical, operational, or maintenance support to another party (the customer). The document incorporates essential elements required by German contract law, including detailed service specifications, performance metrics, and compliance with the German Civil Code (BGB). This agreement is particularly important in technology-driven sectors but is adaptable across various industries. The Support Agreement typically includes comprehensive service level agreements (SLAs), response time commitments, escalation procedures, and data protection provisions in compliance with GDPR, making it suitable for both straightforward support arrangements and complex technical service relationships.
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1. Parties: Identification and details of the contracting parties - the support service provider and the recipient
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 support services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Customer Obligations: Key responsibilities and commitments of the customer
7. Service Levels: Performance standards, response times, and service availability commitments
8. Fees and Payment Terms: Pricing, payment schedule, invoicing, and payment terms
9. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: GDPR compliance and data handling requirements
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Force Majeure: Provisions for unforeseen circumstances and force majeure events
14. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction details
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Personnel and Subcontractors: Include when the service provider may use subcontractors or specific personnel requirements exist
2. Equipment and Materials: Include when specific equipment or materials are provided as part of the support services
3. Intellectual Property Rights: Include when the support services involve software, documentation, or other IP-protected materials
4. Insurance: Include when specific insurance requirements need to be maintained
5. Business Continuity: Include for critical support services requiring disaster recovery and business continuity planning
6. Compliance with Laws: Include when specific regulatory compliance requirements apply to the services
7. Training and Documentation: Include when the service provider must provide training or documentation
8. Security Requirements: Include when specific security protocols or requirements must be followed
1. Schedule 1 - Service Description: Detailed technical specifications of the support services
2. Schedule 2 - Service Levels: Detailed service level agreements (SLAs) including metrics and measurement methods
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and charging mechanisms
4. Schedule 4 - Escalation Procedure: Process for escalating support issues and contact details
5. Schedule 5 - Key Personnel: List of key personnel and their roles (if applicable)
6. Appendix A - Support Request Procedure: Process for submitting and handling support requests
7. Appendix B - Technical Requirements: Technical requirements and specifications for service delivery
8. Appendix C - Data Processing Agreement: Detailed data processing terms in compliance with GDPR (if applicable)
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