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The Website Maintenance Contract is essential for businesses operating websites in Germany who require professional maintenance services. This document is typically used when a company needs to establish a formal relationship with a service provider for ongoing website maintenance, updates, security management, and technical support. The contract must comply with German legal requirements, including the Civil Code (BGB), Telemedia Act (TMG), and GDPR (DSGVO). It encompasses crucial elements such as service level agreements, response times, data protection measures, security protocols, and liability provisions. This agreement is particularly important in the digital age where website functionality and security are critical for business operations, and German law places specific obligations on both service providers and website operators.

1. Parties: Identification of the service provider and client, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the website maintenance services required

3. Definitions: Definitions of technical terms, service levels, and other key concepts used throughout the agreement

4. Scope of Services: Detailed description of maintenance services, including regular updates, security patches, and monitoring

5. Service Provider Obligations: Specific responsibilities of the service provider, including response times and maintenance windows

6. Client Obligations: Client responsibilities, including providing access, content, and timely responses to queries

7. Service Levels: Defined performance metrics, availability requirements, and response times

8. Fees and Payment: Payment terms, fee structure, and invoicing arrangements

9. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

10. Data Protection: GDPR compliance measures and data processing terms

11. Intellectual Property: Ownership and usage rights of website content and modifications

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnification: Limitation of liability and indemnification provisions compliant with German law

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

16. General Provisions: Standard clauses including severability, entire agreement, and amendments