Computer System Maintenance Agreement

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This Computer System Maintenance Agreement is for use by contractor who provides maintenance services for a customer's computer system. It sets out the exact computers to be maintained and how much contractor will be paid.

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This Computer System Maintenance Agreement is between a customer and a contractor who will perform maintenance services on customer's computer systems. This agreement includes all relevant provisions including the exact computers and other equipment to be maintained, authority of the customer to engage contractor and term of the maintenance agreement.

This agreement also sets forth the dates and times for scheduled computer maintenance, charges for regular and on-call services and when maintenance charges will be paid. It also specifies who will furnish all necessary parts for repair and any warranties offered by maintenance contractor.

This Computer System Maintenance Agreement contains the following provisions:
  • Parties: Sets out the full name and address of the customer and the contractor who will provide maintenance services;
  • Maintenance Services: Details the exact services the contractor will provide including any "on call" services;
  • Term: Effective and expiration dates of the agreement;
  • Charges/Payment: Specifies the exact charges for maintenance performed during regular business hours and detailed description of on-call charges and services for which on-call services cannot be charged for. Payments shall be made after receipt of contractor's invoice;
  • Parts: Contractor shall furnish all parts as necessary and shall be either new or equivalent to new in their performance;
  • Warranty: Spells out in detail any and all contractor warranties;
  • Signatures: This agreement must be signed by both customer and contractor.

Protect yourself and your rights by using our attorney-prepared forms.

This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Computer System Maintenance Agreement
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.











Computer System Maintenance Agreement










This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Computer Maintenance Agreement 











General Information
Computer System Maintenance Agreement

This Computer System Maintenance Agreement is between a customer and a contractor who will perform maintenance services on customer's computer systems.  This agreement includes all relevant provisions including the exact computers and other equipment to be maintained, authority of the customer to engage contractor and term of the maintenance agreement.  

This agreement also sets forth the dates and times for scheduled computer maintenance, charges for regular and on-call services and when maintenance charges will be paid.  It also specifies who will furnish all necessary parts for repair and any warranties offered by maintenance contractor.  

It is vital that this maintenance agreement be clearly set out in writing.  A written Computer Maintenance Agreement will prove valuable if there are disagreements or misunderstandings surrounding the scope of the computer maintenance.

  



Instructions and Checklist


Computer System Maintenance Agreement

   Both parties should read the agreement carefully.

   Insert all requested information in the spaces provided on the form.

     This form includes a purchase order, which should be attached and incorporated as part of this agreement.  The parties should ensure that this exhibit contains all computer equipment covered by the maintenance agreement.  

     The parties should read the "Charges" and "Payment of Charges" provisions carefully.  If there are disagreements, they will likely focus on these provisions.

     This form contains the basic terms and language that should be included in similar agreements.  

     The contractor and customer must both sign the agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  



   




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COMPUTER SYSTEM MAINTENANCE AGREEMENT



This is an Agreement for the maintenance of a computer system between _________________ [name of computer operator], referred to in this Agreement as Customer,” and _________________ [name of maintenance contractor], referred to in this Agreement as Contractor.” Customer is [a _________________(name of state) corporation,] located at _________________ [address]. Contractor is [a _________________(name of state) corporation,] located at _________________ [address]. Customer and Contractor are collectively referred to in this Agreement as the Parties.
 [Optional recitals for use when maintenance agreement is entered into with seller or lessor simultaneously with computer sale or lease agreement]
RECITALS
Concurrently with this Agreement, Contractor and Customer have entered into an agreement in which Customer _________________ [leased or purchased] _________________ [describe computer and other equipment or the computer equipment listed on the schedule attached to the _________________(Lease Agreement or Purchase Agreement)], referred to in this Agreement as the Equipment.” That agreement requires the Customer to maintain and service the Equipment pursuant to this maintenance Agreement.
Maintenance Services
1. Contractor shall maintain and service _________________ [describe computer and other equipment or the computer equipment listed on the purchase order attached to and incorporated into this Agreement by reference], referred to in this Agreement as the Equipment.” Contractor shall keep the Equipment in good working order at all times during the term of this Agreement. Contractor shall provide scheduled preventive maintenance during regular business with the service schedule to be based on the specific needs of the Equipment. In addition, Contractor shall provide when needed unscheduled remedial maintenance, referred to in this Agreement as On-call Service.” Both scheduled and unscheduled service maintenance shall include necessary lubrication, adjustments, and replacement of parts.
Authority of Customer
2. Customer represents that it is _________________ [the owner or entitled to possession and use] of the Equipment and that it is under no contractual obligation that will prevent Contractor from performing its commitments under this Agreement.
Term
3. This Agreement shall be effective from the date of its execution by Contractor and Customer and shall remain in effect for an initial term of _________________ [specify period, e.g., twelve (12) months]. After expiration of the initial term, this Agreement shall continue from month to month until terminated by either of the Parties on _________________ [number] days prior written notice to the other party.
Charges
4. (a) Charges for scheduled preventive maintenance performed during the regular business hours between _________________A.M. and _________________P.M., Monday through Friday, except for legal holidays, shall be at the base rate of $ _________________per _________________ [hour or visit].
(b) Charges for On-call Service shall be at the rate of $ _________________per hour Monday through Friday and $ _________________per hour Saturday through Sunday and legal holidays, plus mileage at the rate of _________________ [specify, e.g., forty (40) cents per mile] and other travel expenses of $ _________________per hour Monday through Sunday, and additional expenses at actual cost.
(c) Contractor shall not impose an On-call Service charge for:
(i) Maintenance required within _________________ [specify period, e.g., forty-eight (48)] hours after any maintenance service that results from a recurrence of the same malfunction, provided the malfunction is not caused by fault or negligence of Customer or its agents.
(ii) Maintenance required when the scheduled preventive maintenance preceding the malfunction has not been performed, unless preventive maintenance was not performed at the request of or because of actions taken by Customer.
(d) If unscheduled remedial maintenance is commenced during regular business hours and is continued beyond that time, only hourly charges at the rate specified in Paragraph 4(b) above shall apply, beginning immediately after the end of regular business hours.
Payment of Charges
5. Customer agrees to pay all maintenance charges for services. Contractor shall invoice all scheduled preventive maintenance in advance, and On-call Service charges shall be invoiced as incurred by Customer. Partial billings shall be prorated on the basis of a thirty (30)-day month.
Parts
6. Contractor shall furnish parts as necessary [add if contractor is seller of the equipment:, free of charge during the Equipment warranty period,] _________________ [specify charge, e.g., at Contractors replacement part prices current at the time of replacement or on an exchange basis, regardless of when installed]. Parts furnished by Contractor shall either be new or equivalent to new in performance when used in the Equipment.
Access to Equipment
7. Customer shall provide contractors maintenance personnel with free access to the Equipment for the purpose of providing maintenance service.
Exclusions
8. Under this Agreement, Contractor is not required to perform any of the following:
(a) Electrical work external to the Equipment.
(b) Furnishing of supplies or accessories, including but not limited to paper, ribbon cartridges, and magnetic tapes or disks.
(c) Painting or refinishing the Equipment.
(d) Making specification changes.
(e) Performing services connected with relocation of the Equipment.
 [Add if contractor is seller of the equipment:]
(f) Adding, removing, servicing, or maintaining accessories, attachments, or other devices not furnished by Contractor.
Warranty
9. (a) Contractor warrants that under normal conditions of use and operation, the services furnished pursuant to this Agreement shall be free from defects in workmanship and that the parts furnished pursuant to this Agreement shall be free from defects in workmanship and material.
(b) Contractor warrants that the parts furnished pursuant to this Agreement shall conform to the Equipment manufacturers published specifications at the time of delivery to Customer. Contractors obligation under this warranty is limited to the repair or replacement of any part that within _________________ [number] days after installation and acceptance is not in conformity with the Equipment manufacturers published specifications. This warranty applies to any repaired or replaced product, part, or component supplied by Contractor.
(c) Customers remedies are limited to Contractors obligations as expressly stated in this Paragraph 9.
(e) The warranty expressed in this Paragraph 9 extends only to Customer and not to any third parties. IN ANY EVENT, CONTRACTOR SHALL NOT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES FROM WHATEVER CAUSE.
(f) THE WARRANTY CONTAINED IN THIS PARAGRAPH 9 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS.
Force Majeure
10. Contractor shall not be liable for any delay in performance resulting from acts of Customer, its agents, or employees, or causes beyond the control of Contractor. Causes beyond the control of Contractor” include, but are not limited to:
(a) Acts of God.
(b) Acts of a public enemy.
(c) Acts of the United States or its political subdivisions.
(d) Fire.
(e) Flood or other unusually severe weather conditions.
(f) Strikes, civil disturbance, or revolution.
(g) Freight embargoes.
Governing Law
11. This Agreement shall be governed by and construed in accordance with the laws of the State of _______________.
Notices
12. Any notices or reports required by this Agreement to be given by one party to the other party shall be made in writing to that party at the address shown at the beginning of this Agreement or at any other address the party may designate in writing.
Attorneys Fees
13. If any legal action is necessary to enforce the terms of this Agreement, the prevailing party in the action shall be entitled to reasonable attorneys fees in addition to any other relief to which that party may be entitled.

Executed at _________________ [city], ___________ [state] on _________________, _________________.

CONTRACTOR

_________________[name of contractor]
By [signature]
Authorized Signature
_________________[typed name and title]


CUSTOMER
_________________ [name of customer]

By [signature]
Authorized Signature
_________________[typed name and title]


Number of Pages8
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43650

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