Overview

This template is for use by a customer company which is contracting information technology (IT) services from an information technology company i.e. the service provider. If you are the IT service provider, we recommend you use the LAWLIVE® IT Maintenance Agreement (Service Provider) template.

The purpose of this IT Maintenance Agreement is to set out what your company, as the customer, requires the service provider to do in order to maintain the information technology i.e. software that you use in your business.

Two other key documents are required. Please note that our indication of time to complete this document does not include time to prepare these key documents:

• the IT company's proposal (the Proposal) to you which will form an attachment as Schedule One. This should set out exactly what the information technology company is being asked to do by you; and
  
• the disclosures (the Disclosure) that you make to the IT company about what software and information technology you use in your business, what you expect it to do, how you store your documents, what software systems you use and how they inter-relate and communicate with each other, which will form an attachment as Schedule Two.

1. Definitions
2. Appointment of service provider
3. The services
4. Access to premises and co-operation
5. Fees and Payment
6. Exclusivity
7. Recommendations
8. Confidentiality
9. Limitation of warranties and liability
10. Default
11. Assignment
12. Early termination
13. Warranties by the customer
14. Passwords and access codes
15. Intellectual Property
16. Notices
17. General

This document includes the following attachments:

1. Notes to IT Maintenance Agreement when you are the Customer
2. Checklist to IT Maintenance Agreement