A Website Maintenance Contract is essential for businesses operating websites in Malaysia that require ongoing technical support and maintenance. This agreement is typically used when a company needs to engage a professional service provider for regular website updates, security monitoring, content management, and technical troubleshooting. The contract ensures compliance with Malaysian digital laws, including the Electronic Commerce Act 2006 and Communications and Multimedia Act 1998. It's particularly important for businesses that rely on their website for core operations, as it establishes clear service levels, maintenance schedules, and responsibility allocation. The document helps prevent disputes by clearly defining scope, deliverables, and performance metrics while ensuring data protection and security measures meet Malaysian legal requirements.
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1. Parties: Identification of the service provider and client, including registered addresses and company registration numbers
2. Background: Context of the agreement, including brief description of the website and maintenance needs
3. Definitions: Definitions of technical terms, service levels, and other key concepts used in the agreement
4. Scope of Services: Detailed description of maintenance services, including regular updates, monitoring, and technical support
5. Service Provider Obligations: Specific responsibilities of the service provider, including response times and quality standards
6. Client Obligations: Client responsibilities, including providing access, content, and timely information
7. Service Levels: Specific performance metrics, uptime guarantees, and response time commitments
8. Fees and Payment: Payment terms, maintenance fees, and additional service charges
9. Term and Termination: Contract duration, renewal terms, and termination conditions
10. Intellectual Property: Ownership of website content, updates, and maintenance tools
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with PDPA 2010 and data handling requirements
13. Limitation of Liability: Limits on liability and indemnification provisions
14. Force Majeure: Provisions for unforeseen circumstances and service interruptions
15. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Emergency Support: Additional provisions for emergency support services outside normal maintenance
2. Security Requirements: Specific security protocols and requirements, recommended for websites handling sensitive data
3. Third-Party Services: Provisions regarding integration and maintenance of third-party services or plugins
4. Training: Terms for providing training to client's staff on website management
5. Disaster Recovery: Procedures for backup and recovery in case of major incidents
6. Service Credits: Compensation scheme for failure to meet service levels, useful for high-value contracts
7. Change Control: Procedures for requesting and implementing changes to the scope of services
1. Schedule 1 - Service Level Agreement: Detailed metrics and standards for service performance
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment schedules, and rate cards
3. Schedule 3 - Maintenance Schedule: Timeline and details of regular maintenance activities
4. Schedule 4 - Technical Specifications: Details of the website infrastructure, hosting environment, and technical requirements
5. Schedule 5 - Contact Details: List of key contacts and escalation procedures
6. Appendix A - Incident Response Plan: Procedures for handling various types of technical incidents
7. Appendix B - Change Request Form: Standard form for requesting changes to services or scope
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