Draft de contract de mentenanta IT, in engleza

IT SERVICES CONTRACT

Nr. _______ / _____________

 Concluded between:

                                    , represented by                           , hereinafter referred to as “PROVIDER

And:

____________________________________________________________________________
____________________________________________________________________________
hereinafter referred as “CUSTOMER”.

  1. 1.            CONTRACT OBJECTIVE

 

1.1.      According with the present contract, the PROVIDER undertakes to ensure the good functioning of the CUSTOMER’s hardware listed in Appendix 1, which is integrant part of this contract.

1.2.      In the value of the monthly subscription are included a number of 7 calls, no matter of how many computers are involved in the call, for the servers and workstations, printers, switchers, etc. The additional calls will be separately invoiced, based on the tariff that is explained in Appendix 1.

Spare parts and consumables will be invoiced separately.

1.3.      The additional services that exceed the situations and/or conditions stated in paragraph 1.1 (like new network installations, new equipment installations, special program loading) are performed upon CUSTOMER’s request with CUSTOMER’s agreement and are paid by the CUSTOMER in addition to the monthly fee, according to the PROVIDER’s offer and the CUSTOMER‘s approval. CUSTOMER’s request or agreement are presented in writing, signed, stamped and considered as a firm order.

 

  1. 2.            CONDITIONS AND PROCEDURES

 

2.1.         The services will be done on CUSTOMER’s telephonic or mail request.

2.2.         All service activities will be carried out at the CUSTOMER’s premises. In special cases, when specific devices and laboratory endowments are needed, the equipment will be brought to the PROVIDER’s shop with CUSTOMER’s approval.

2.3.         The CUSTOMER undertakes to ensure the access of the PROVIDER’s personnel to the installation site of the equipment in service. The PROVIDER’s personnel are obliged to observe the regulation stated for the CUSTOMER’s personnel.

2.4.         The response time to the CUSTOMER’s service calls is 6 working hours from the CUSTOMER’s telephonic request. The working hours are from 9.00 AM to 18.00 PM. Emergency calls are accepted any time in the day, but the usual calls has to be done before 13.00PM. Calls made on Friday after 11.00 AM will be answered the earliest on next Monday.

2.5.         A certification of the service performed will be sign by the CUSTOMER on the PROVIDER’s service report, for every call. Such certification will not exonerate the PROVIDER of liability in case of miss performance of the service.

The PROVIDER warrants the quality of the performed services with respect to the equipments making the object of the present contract.

2.6.         The CUSTOMER undertakes to observe and respect the recommendations of the PROVIDER’s personnel, regarding the installation and operating conditions of the equipment subject to this contract and to prevent servicing of the equipment by unauthorized personnel.

2.7.         The PROVIDER is not responsible for any financial or data loss caused by damage of the software by independent causes.

2.8.         If the CUSTOMER decides to provide to a third party the services stipulated in this contract, will be able to do it based on the written approval from PROVIDER.

 

  1. 3.            PAYMENTS

 

3.1.         The CUSTOMER, under a monthly subscription pays the PROVIDER’s services. The original invoice will be issued and send to the CUSTOMER in the first week of the month, for the month under way. The invoice represents the value of the services that will be performed, and if additional services exist which performed last month(s) based on the Contract.

3.2.         The basic charge for each type of equipment subject to this contract is stipulated in Appendix 1 and is to be paid monthly. The reference value for these tariffs is given in USD and it does not include VAT. The payment will be made in LEI, at Romanian National Bank USD/LEI exchange rate, at the date of invoice.

3.3.         The spare parts are not covered by the monthly Service Payment and are to be paid by the CUSTOMER in additionally.

3.4.         The CUSTOMER will pay the invoice value from paragraph 4.1 within 7 days from the date he received the invoice. Otherwise, the PROVIDER might stop the technical support for the CLIENT until the financial issues are clarified. For any delay of the payment, the PROVIDER is entitled to ask for penalties of 0.25% per day of the invoice value. Bank transfer will do payment.

3.5.         If the invoice is not paid in 15 days, the PROVIDER has the right to cancel the services and terminate the contract unilateral.

 

  1. 4.            FINAL PROVISIONS

 

4.1.         Any clause of the present contract can be improved by mutually agreement and signed in addendum.

4.2.         The contract comes into force on the date of its signing and will be valid until it is cancelled by either one of the parties. Cancellation should follow written notification made to the other party, 30 days before the date of cancellation.

4.3.         The addresses stipulated in this contract are considered to be official for further in write notifications, invoices and any other documents. If one of the party change its address, is obliged to notify the other party as soon as possible.

4.4.         In case of any misunderstanding, the parties will try to solve the problem amiably; otherwise, they will submit the litigation to the Arbitration Court of the Romanian Chamber of Commerce – Bucharest. The arbitration panel will solve the dispute in accordance with its procedure rules and in accordance with the Romanian laws and regulations into force at the dispute moment. The arbitration procedure will take place in English language.

4.5.         Concluded today, ___________ in Bucharest, in two copies, equally authentic, one being submitted to the PROVIDER and another to the CUSTOMER.

 

 

 

 

 

For and on behalf of the

For and on behalf of the

 

 

PROVIDER

CUSTOMER

Modelul de contract poate fi downloadat de aici (Maintenance + contract), in format .doc (Microsoft Word).

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