This IT Maintenance Agreement is for use by a customer company which is contracting IT services from an information technology company ie. 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 ie. 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.

This IT Maintenance Agreement includes the following provisions:

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

LAWLIVE recommends: This is a complex document which involves the creation of complex legal rights and obligations and may give rise to various taxation and liability consequences. The best way to use this document is to complete it, print it out, print out all of the checklists that apply to it and all other LawLive information that relates to this type of document. When you have done this, LawLive recommends you read it carefully and instruct lawyers to assist you in the finalisation of the document and that you take tax advice from your accountant or tax adviser as to any income tax, capital gains or GST consequences.