This Support Contract template is designed for use under Maltese law when establishing formal support service arrangements between service providers and clients. It is particularly relevant in today's business environment where continuous technical, operational, or maintenance support is essential for business operations. The document incorporates key requirements from Maltese legislation and EU regulations, including GDPR compliance, consumer protection, and electronic commerce provisions. This template is structured to accommodate various types of support services while maintaining compliance with Maltese legal requirements. It includes comprehensive sections on service levels, performance metrics, data protection, and dispute resolution, making it suitable for both domestic and international business relationships where Maltese law governs the arrangement.
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1. Parties: Identification of the service provider and the client, including their registered addresses and company details
2. Background: Context of the agreement and brief description of the support services to be provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the support services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Client Obligations: Key responsibilities and commitments of the client
7. Service Levels: Definition of service levels, response times, and performance metrics
8. Fees and Payment: Pricing, payment terms, and invoicing procedures
9. Term and Termination: Duration of the agreement and termination provisions
10. Confidentiality: Protection of confidential information exchanged during service provision
11. Data Protection: GDPR compliance and data handling requirements
12. Intellectual Property: IP rights and licenses related to the support services
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
15. Governing Law and Jurisdiction: Specification of Maltese law governance and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Change Control: Procedures for requesting and implementing changes to the support services - include when services may evolve over time
2. Disaster Recovery: Procedures for maintaining service continuity in emergency situations - include for critical support services
3. Insurance: Specific insurance requirements - include for high-risk support services
4. Security Requirements: Specific security protocols and requirements - include when handling sensitive data or systems
5. Transition Services: Provisions for handover at contract end - include for complex support arrangements
6. Sub-contractors: Rules and approvals for use of sub-contractors - include when sub-contracting is likely
7. Performance Credits: Financial adjustments for service level failures - include for high-value or critical services
8. Training: Requirements for training client staff - include when knowledge transfer is important
1. Schedule 1 - Service Level Agreement: Detailed service levels, KPIs, and measurement methods
2. Schedule 2 - Support Services Description: Detailed technical specifications of the support services
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and charging mechanisms
4. Schedule 4 - Escalation Matrix: Contact details and procedures for issue escalation
5. Schedule 5 - Required Personnel: Key personnel requirements and qualifications
6. Appendix A - Service Request Procedures: Procedures for submitting and handling support requests
7. Appendix B - Report Templates: Standard templates for service performance reporting
8. Appendix C - Security Protocols: Detailed security procedures and requirements
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