Which Maintenance Agreement?We supply two different web maintenance documents. The "agreement" document should be used where the document will be signed in hard copy by each of the parties. The "terms" document is designed to be incorporated into an online order process featuring some kind of registration form.
The "terms" document has been drafted to favour the interests of the services provider, while the web "agreement" document can be amended to suit the interests of either party, or indeed to balance their interests where appropriate.
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Key Provisions of Maintenance AgreementsServices
The basic obligation under these contracts if for the service provider to make available, perhaps during specified periods, a helpdesk facility to enable the customer to make requests for maintenance and technical support services in relation to the supported site or application. The service provider must (or must make reasonable endeavours) to respond to request within a specified period.
Maintenance services may include some or all of the following: adding new content to the supported site; making minor changes to site design; making minor changes to any software or database used by the site; answering technical queries relating to the site; and, last but not least, resolving faults and errors in the site.
Optional back-up obligations are also included.
The services may be subject to specified limits (e.g. calculated in person-hours per month) which when exceeded may result in the payment of supplemental charges.
Customer responsibilities
The provision of support and maintenance services will required some level of assistance from the customer. Under the customer responsibilities clause included with this template, the customer undertakes to give the service provider access to the supported site or application, and to give to the service provider "all other co-operation, information and documentation" that is reasonably required. The customer may also be made responsible for procuring third party co-operation relating to the provision of the services (e.g. the co-operation of a third party hosting company).
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