The Computer Maintenance Agreement is essential for businesses operating in Hong Kong that require professional maintenance services for their computer systems and IT infrastructure. This document is typically used when a company needs to establish a formal relationship with an IT service provider for ongoing maintenance services. The agreement covers preventive maintenance, emergency repairs, service level commitments, and response times, while ensuring compliance with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance and Electronic Transactions Ordinance. It's particularly relevant in today's digital business environment where system reliability and data protection are crucial. The agreement should be customized based on the specific maintenance requirements, equipment covered, and service level expectations.
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1. Parties: Identification of the service provider and the client, including full legal names and registered addresses
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 maintenance services to be provided, including preventive and corrective maintenance
5. Service Provider's Obligations: Key responsibilities and commitments of the maintenance service provider
6. Client's Obligations: Client's responsibilities including access provision and cooperation requirements
7. Service Levels: Response times, resolution times, and performance standards
8. Fees and Payment: Maintenance fees, payment schedule, and payment terms
9. Term and Termination: Duration of the agreement and conditions for termination
10. Confidentiality: Obligations regarding confidential information and data protection
11. Liability and Indemnity: Limitations of liability and indemnification provisions
12. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Equipment Loan: Terms for temporary replacement equipment during maintenance, if offered
2. Software Updates: Terms regarding software updates and patches if included in maintenance scope
3. Third-Party Products: Provisions regarding maintenance of third-party hardware or software
4. Training: Terms for user training if included in the maintenance package
5. Disaster Recovery: Specific provisions for disaster recovery services if included
6. Insurance: Specific insurance requirements beyond standard coverage
7. Security Requirements: Specific security protocols and requirements for high-security environments
1. Schedule 1 - Equipment List: Detailed list of equipment covered under the maintenance agreement
2. Schedule 2 - Service Level Agreement: Detailed service levels, response times, and performance metrics
3. Schedule 3 - Fee Schedule: Detailed breakdown of maintenance fees and payment terms
4. Schedule 4 - Maintenance Procedures: Specific procedures for routine and emergency maintenance
5. Schedule 5 - Contact Information: List of key contacts and escalation procedures
6. Appendix A - Service Request Form: Standard form for requesting maintenance services
7. Appendix B - Maintenance Report Template: Template for documenting maintenance activities
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