Agreement for Contract of Annual Maintenance
| Updated at | January 2014 |
This Contract No. for Annual Maintenance of Computer Software Application (hereinafter called AMC for the sake of brevity) is made and entered on this..........day of................. 20.................., at.............. between
M/s 'ST' a Company registered under the Companies Act, 1956, having its registered office at:......... hereinafter referred to as Company on the one part, which expression shall include its successors and such assignees as are permitted from time to time under this agreement.
AND
M/s 'XY' having its registered office at................ (hereinafter referred to 'Service Provider' as on other part) which expression shall include its successors and such assignees as are permitted under this agreement..
The Company & Service Provider collectively referred to as "Parties" and singularly as "Party" as the case may be.
WHEREAS On the request of Company, the Service Provider had made an offer dated................to the Company............ for providing Annual Maintenance services for Computer Software Application for a specified period. Copy of the offer dated is.......... annexed to the present Agreement and forms a part and parcel of the present agreement.
AND WHEREAS, the Company has accepted the offer of the Service Provider and placed a work order dated......... which is for a period of ONE year specified herein below. Copy of the work order dated.......... is annexed to the present Agreement and forms a part and parcel of the present Agreement.
AND WHEREAS the Parties have mutually agreed that the terms and conditions for providing the above AMC should be reduced into a formal agreement.
NOW, THEREFORE, in consideration of the mutual terms and-conditions set forth herein below, both the parties agree as follows:-.
1.0 DEFINITIONS
In the Agreement, the following terms shall be interpreted as indicated below:
a) The "Contract" means the present agreement and includes all attachments; annexures, appendices thereto as also all documents incorporated by reference therein;
0) The "Contract Price" means the price payable to Service Provider by Company under the agreement.
c) The "Work" means each and every activity required to be carried out for the successful performance of the service described in the Scope of work.
d) Service Provider personnel mean the personnel to be provided by Service Provider for performing the services in terms of this contract..
2.0 SCOPE OF WORK
The AMC will include the following:-
a) Bugs fixation in the computer application modules
b) Troubleshooting & fine tuning of the Application Software as and when required.
c) Development of new modules or enhancement of existing modules will not be part of this scope of work and will be separately charged by the Service Provider if Company agrees to do any such development/enhancement.
3.0 RESPONSIBILITIES OF PARTIES
3.1 Company undertakes to carry out the following:
a) To ensure productive interaction and timely decisions, nominate a functionary with sufficient authority, responsibility and accountability as a single point interfacing authority on behalf of Company who would inform/approve maintenance proposed by Service Provider in response to Company requirements.
b) To create/upgrade/maintain proper computing infrastructure.
c) To provide the site with required facilities (as recommended by Service Provider), to maintain the Software Application.
d) To provide required funds to Service Provider as per mutually agreed schedule attached herewith to carry out project maintenance activities during the period of this AMC
e) To provide required/requested - proper computing/communication/office infrastructure, and facilities to Service Provider team to make available all information; inputs, facilities and services reasonably required by Service Provider enable to perform the Maintenance Service.
f) To ensure that the software is used in proper manner by competent trained employees only.
g) To notify promptly far any bug/modification/new module.
h) Not to alter/modify for combine the software with any other programme.
i) Not to request/allow or permit anyone other than Service Provider to provide any Maintenance services in respect...
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