The Support Agreement serves as a crucial document for businesses operating in Malaysia that require or provide ongoing support services. It is designed to comply with Malaysian legal requirements while establishing a clear framework for service delivery, performance standards, and commercial terms. This agreement is particularly relevant when organizations need to formalize their support arrangements, whether for IT systems, equipment maintenance, customer service, or other technical support services. The document addresses key aspects such as service levels, response times, fee structures, and operational procedures, while incorporating necessary provisions to comply with Malaysian regulations including the Contracts Act 1950, Consumer Protection Act 1999, and where applicable, the Personal Data Protection Act 2010.
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1. Parties: Identifies and provides details of the service provider and the client
2. Background: Sets out the context and purpose of the support agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the support services to be provided
5. Service Levels: Specifies the agreed service levels, response times, and performance metrics
6. Customer Obligations: Outlines the responsibilities and obligations of the customer
7. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures
8. Term and Termination: Specifies the duration of the agreement and termination provisions
9. Confidentiality: Addresses the protection and handling of confidential information
10. Intellectual Property: Covers ownership and usage rights of any IP involved in the support services
11. Liability and Indemnification: Sets out liability limitations and indemnification obligations
12. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery
13. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction
14. General Provisions: Includes standard boilerplate clauses like notices, amendments, and assignment
1. Data Protection: Required if personal data processing is involved in providing support services
2. Security Requirements: Needed if support involves access to sensitive systems or information
3. Disaster Recovery: Include if business continuity and disaster recovery procedures are critical
4. Personnel Requirements: Required if specific qualifications or security clearances are needed for support staff
5. Subcontracting: Include if the service provider may need to subcontract certain support services
6. Insurance: Add if specific insurance coverage requirements are necessary
7. Audit Rights: Include if the customer requires rights to audit the support services
8. Change Control: Required for agreements where scope or services may need formal variation procedures
1. Schedule 1 - Service Descriptions: Detailed descriptions of each support service to be provided
2. Schedule 2 - Service Level Agreement: Detailed service levels, KPIs, and measurement methods
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and charging mechanisms
4. Schedule 4 - Escalation Procedures: Support ticket escalation procedures and contact details
5. Schedule 5 - Technical Requirements: Technical specifications and requirements for service delivery
6. Appendix A - Contact Details: Key contacts for both parties including emergency contacts
7. Appendix B - Report Templates: Templates for required service reports and performance metrics
8. Appendix C - Support Procedures: Detailed operational procedures for support service delivery
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Manufacturing
Healthcare
Financial Services
Education
Retail
Professional Services
Infrastructure
Energy
Logistics
Real Estate
Relevant Teams
Legal
Operations
Information Technology
Procurement
Customer Support
Technical Support
Service Delivery
Facilities Management
Commercial
Compliance
Contract Management
Account Management
Relevant Roles
Chief Technology Officer
Head of Operations
Support Manager
Service Delivery Manager
Procurement Manager
Contract Manager
Legal Counsel
Operations Director
IT Manager
Customer Support Manager
Technical Support Lead
Facilities Manager
Maintenance Manager
Account Manager
Commercial Director
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