ANNUAL MAINTENANCE CONTRACT (EQUIPMENT AND IT)
BETWEEN
__________, of __________, acting through __________ (the "Customer");
AND
__________, of __________, PAN __________, acting through __________ (the "Service Provider").
- 1. EQUIPMENT COVERED
1.2 The Customer may add or remove items by written agreement, and the fee shall then be adjusted in proportion for the rest of the term. The Customer shall not move covered Equipment to another address without telling the Service Provider.
- 2. WHAT THE SERVICE PROVIDER WILL DO
2.4 The Service Provider shall use competent, trained technicians, shall carry identification, and shall take care of the Customer's premises and of data it may see in the course of the work, using it for no other purpose.
- 3. WHAT IS NOT COVERED
3.1 The fee does not cover: (a) damage from misuse, accident, liquid, fire, flood, lightning, power surge or any other cause outside ordinary use; (b) repair or change by anyone other than the Service Provider; (c) consumables such as paper, toner, ink, filters, batteries (unless they are named as included), cables and accessories; (d) software the Customer installs, viruses or data loss; (e) items not listed in clause 1.1; (f) moving, re-installation or upgrades.
3.2 Work outside the cover shall be done only after the Service Provider quotes a price and the Customer approves it in writing. The Service Provider shall tell the Customer when it finds that a fault is of the kind excluded, before starting to repair it.
- 4. THE CUSTOMER'S PART
4.1 The Customer shall give access to the Equipment during working hours, keep it in a suitable place with proper power supply and ventilation, and use it according to the maker's instructions.
4.2 The Customer is responsible for keeping its own backups of its data and software before every visit. The Service Provider shall not be liable for loss of data, and shall not format or reset a device without the Customer's consent.
- 5. CONFIDENTIALITY
- 6. FEE, TERM AND ENDING
6.3 If the Customer does not pay a due instalment within fifteen days of a reminder, the Service Provider may suspend service until it is paid. Either Party may end this Contract by written notice if the other commits a serious breach and does not put it right within fifteen days of being told; on ending, the Service Provider shall refund the fee for the unexpired period, less the value of service already given.
6.4 To the extent the law allows, the Service Provider's total liability to the Customer under this Contract is limited to the fee paid for the year in which the claim arises, and neither Party is liable to the other for indirect or consequential loss such as lost business or profit.
- 7. DISPUTES AND GOVERNING LAW
7.3 This Agreement is governed by the laws of India.
- 8. GENERAL
8.1 This Agreement is the entire agreement between the parties about its subject matter and replaces all earlier discussion, whether oral or written.
8.2 No change to this Agreement is effective unless it is in writing and signed by all the parties.
8.3 If any provision is held invalid or unenforceable, the rest of this Agreement continues in effect.
8.4 A notice under this Agreement must be in writing and sent to the other party at its address stated above, or to a new address it has given in writing. It is treated as received on delivery, or on the third day after posting by registered post.
SIGNED for the CUSTOMER
__________
Signature: ______________________________
SIGNED for the SERVICE PROVIDER
__________
Signature: ______________________________
WITNESSES