REF: IT-SUPPORT-MAINTENANCE-CONTRACT IT SUPPORT MAINTENANCE CONTRACT
THIS IT SUPPORT MAINTENANCE CONTRACT (the "Agreement") is executed on this [Agreement Date] (the "Effective Date"), by and between:
THE IT SERVICE PROVIDER:
[IT Support Specialist Name], operating under the business name [Provider Firm / Enterprise], having its registered office / place of business at [Provider Address] (hereinafter referred to as the "Service Provider", which expression shall, unless repugnant to the context, include their successors, legal heirs, and permitted assigns) of the FIRST PART;
AND
THE CLIENT:
[Client Enterprise Name], having its commercial establishment / registered office at [Client Operational Address] (hereinafter referred to as the "Client", which expression shall, unless repugnant to the context, include its successors, legal representatives, and permitted assigns) of the SECOND PART.
WHEREAS:
A. The Service Provider is an experienced specialist in commercial computer networking, hardware troubleshooting, systems administration, operating system updates, and enterprise IT security.
B. The Client desires to retain the Service Provider under an Annual Maintenance Contract (AMC) to service, monitor, maintain, and support the Client's computing infrastructure and networking environment.
NOW, THEREFORE, the Parties agree as follows:
1. COVERED SYSTEMS AND IT ASSETS
1.1 The Service Provider shall deliver technical support, hardware health checks, and systems maintenance for the equipment detailed herein:
[Covered Hardware & Systems Inventory]
1.2 Any equipment or hardware added to the Client's inventory subsequent to the Effective Date shall be incorporated into this Agreement through a written amendment and adjusted monthly fee.
2. SERVICE HOURS, SLA, AND ONSITE VISITS
2.1 Support services shall be available during: Business Hours (9:30 AM to 6:30 PM, Mon-Sat).
2.2 The Service Provider shall adhere to the following Service Level Agreement (SLA): [Service Level Agreement (SLA)].
2.3 The schedule and entitlement for physical visits shall be: [Onsite Preventive Maintenance & Emergency Visits].
2.4 Service requests shall follow the defined escalation hierarchy:
[Issue Escalation Hierarchy]
3. PREVENTIVE MAINTENANCE AND DATA BACKUPS
3.1 The Service Provider shall execute scheduled preventive inspections, including dust cleaning of internal hardware, thermal monitoring, operating system patch updates, antivirus definition updates, and disk health checks.
3.2 Data backup and business continuity procedures shall be administered as follows:
[Data Backup & Disaster Protocol]
3.3 The Service Provider shall ensure backup protocols comply with reasonable security standards under Section 43A of the Information Technology Act 2000 and the Digital Personal Data Protection Act 2023.
4. COMMERCIAL CONSIDERATION AND PAYMENT TERMS
4.1 The Client shall pay to the Service Provider a monthly maintenance fee of INR [Monthly AMC Support Fee (INR)] (Indian Rupees).
4.2 AMC fees shall be invoiced on the first day of each calendar month and remitted within seven (7) business days via bank transfer or NEFT/RTGS.
4.3 Consumable supplies, replacement parts, new hard drives, motherboard replacements, and external vendor software license renewals are excluded from the service fee and shall be procured or reimbursed directly by the Client.
4.4 TDS under Section 194C or 194J of the Income Tax Act 1961 shall apply as per statutory norms, accompanied by requisite Form 16A certificates.
5. CONTRACT DURATION AND TERMINATION
5.1 This Agreement is entered into for a period of: [Agreement Duration & AMC Term].
5.2 Either Party may terminate this Agreement by issuing thirty (30) days prior written notice.
5.3 In the event of persistent failure by the Service Provider to meet the response time SLA across three consecutive critical incidents, the Client may terminate immediately without penalty.
6. EXCLUSIONS FROM COVERAGE
The maintenance services under this Agreement do not cover:
(a) Hardware damage caused by electrical power surges, lightning, water leakage, or physical drops;
(b) Unauthorized repairs or internal circuit tampering attempted by non-authorized personnel;
(c) Recovery of data from physically damaged hard drives requiring clean-room laboratory extraction.
7. CONFIDENTIALITY AND ACCESS GOVERNANCE
7.1 The Service Provider and its technicians will have privileged administrative access to the Client's systems and network shares. The Service Provider covenants that no proprietary files, financial records, employee personal data, or trade secrets shall be copied, downloaded, or disclosed to any third party.
7.2 The Service Provider agrees to bind all visiting engineers by non-disclosure undertakings in conformity with Section 72A of the Information Technology Act 2000.
8. INDEPENDENT CONTRACTOR
The Service Provider is an independent contractor. Neither the Service Provider nor its dispatched engineers shall be deemed employees or agents of the Client.
9. LIMITATION OF LIABILITY
The Service Provider shall execute all duties with professional care. However, the Service Provider shall not be liable for business interruption, lost profits, or data corruption caused by zero-day ransomware or unpreventable cyberattacks, provided standard security updates and backups were maintained. Total cumulative liability under this Agreement shall be limited to three (3) months of AMC fees paid.
10. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by the laws of India. Any controversy or claim arising hereunder shall be resolved through arbitration under the Arbitration and Conciliation Act 1996 before a sole arbitrator mutually appointed in India.
IN WITNESS WHEREOF, the Parties hereto have executed this IT Support Maintenance Contract on the date first written above.
SERVICE PROVIDER:
Signature: ___________________________
Name: [IT Support Specialist Name]
Firm: [Provider Firm / Enterprise]
Address: [Provider Address]
Date: [Agreement Date]
CLIENT:
Signature: ___________________________
Name: [Client Enterprise Name]
Address: [Client Operational Address]
Date: [Agreement Date]
SCHEDULE OF TERMS, COVENANTS & CONDITIONS(6 ACTIVE CLAUSES)
1. TENURE & TERM OF LEASE: The term of this lease/tenancy shall be for a fixed duration of {{duration_months}} months commencing on {{commencement_date}} and terminating on {{expiry_date}} unless renewed by mutual consent.
2. MONTHLY RENT & DUE DATE: The Second Party covenants to remit a monthly rent of Rs. {{monthly_rent}} payable in advance on or before the {{rent_due_day}} day of each calendar month.
3. REFUNDABLE SECURITY DEPOSIT: The Second Party has deposited an interest-free refundable security sum of Rs. {{security_deposit}} with the First Party, returnable within 7 banking days of vacant handover.
4. PERMITTED USE OF PREMISES: The demised premises shall be utilized exclusively for lawful residential dwelling purposes and shall not be converted into commercial or industrial use.
5. STATUTORY ARBITRATION (ACT 1996): Any dispute arising hereunder shall be referred to a sole arbitrator appointed mutually under the Arbitration and Conciliation Act, 1996, with seat of arbitration in the execution city.
6. SUB-LEASE & ASSIGNMENT PROHIBITION: The Second Party is strictly prohibited from sub-letting, parting with possession, or assigning any portion of the premises to third parties without prior written consent.
ATTESTATION BY INDEPENDENT WITNESSES (AS PER APPLICABLE LAW)
First Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
Second Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
