The Maintenance and Assistance Contract regulates the provision of a service aimed at guaranteeing the efficiency of an asset (e.g. machinery, equipment, plant, software, etc.).
From a strictly legal point of view, this activity is framed in the context of the service contract (when the supplier is a company, e.g. company) or the provision of services (if the supplier is a natural person, a professional).
From an organizational point of view, the agreement responds to two needs: on the one hand, the need to outsource technical maintenance services (outsourcing), on the other, to benefit from a level of technical competence appropriate to the specificity of the service provided by expert personnel and specialized.
When using the ordinary or extraordinary maintenance contract
This agreement is used when there is a need for a technical intervention to restore and maintain the functionality of a good or service, or for a simple overhaul, supply of a spare, etc.
In practice, two types of assistance and maintenance contracts can be distinguished:
- an accessory agreement to a sale or contract – also called an after-sales service agreement – which has the purpose of guaranteeing the user the proper functioning of the good / service sold
- an autonomous agreement whose main object is the provision of services that guarantee the correct functioning of a plant (or of service as a whole) by a subject generally other than the seller.
Furthermore, within these types it is possible to distinguish between ordinary and extraordinary maintenance or assistance:
- In routine maintenance, they are included these interventions to maintain the equipment or services. They can also include repairs if the anomalies are due to manufacturing or setting defects. The consideration is generally paid as a fixed monthly or semi-annual fee.
- In extraordinary maintenance, they have included interventions aimed at broadening or to the improvement of the structural elements that result in a significant and measurable increase in efficiency and productivity. The consideration is generally paid on the basis of the individual services provided or on the basis of the necessary interventions.
What the facsimile of the maintenance contract contains
Our technical support and maintenance contract meets all legal requirements. The main clauses concern:
- Object: the description of the service, which may include any attachments, drawings, additional technical specifications
- Quality standards of the service: to guarantee minimum levels in the provision of the service
- Fee: the possibility of indicating fixed or variable fees, to be paid at a specific time, based on the services performed or based on the actual consumption of resources
- Duration of the relationship: for a fixed or indefinite period, with the possibility of automatic renewal
- Reimbursement of expenses: for particular costs incurred by the supplier
- Exclusive: to bind the supplier not to enter into business with the customer’s competitors
- Confidentiality: To prevent the provider from disclosing confidential information
- Intellectual property: to manage the intellectual property rights inherent to the service
- Subcontracting: to choose whether or not to authorize the possible assignment of the service to third parties
- Work safety: to ensure compliance with the relevant legal requirements when necessary
- English language: if the counterparty is foreign, it may be useful to generate the document in English to facilitate the negotiation
At the end of the interview, we will guide you step by step through all the necessary subsequent steps.
Information you need
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The assistance and maintenance activity includes a wide spectrum of different situations and can therefore be regulated by more than one type of contract, taking on different names, for example:
- Continuous service provision
- Service contract
- Outsourcing (outsourcing)
- Professional engagement letter
- Occasional collaboration
- Occasional self-employment
- Maintenance, assistance services, etc.
- Maintenance of electrical, technical, IT, and software systems
- Global service
Other useful templates and facsimiles
- Service Contract: to entrust the provision of the service to a natural person, a professional, an artisan or an individual firm
- Work Contract: to entrust a company with the construction and delivery of a defined work
- Contract for the Use of Spaces and Services: to share a space or an equipped office and offer functional and connected services
- User License Agreement: to use any intellectual property right (trademark, patent, know-how, design, software, etc.)
- Contract for the Periodic Supply of Goods: to regulate the supply of goods between suppliers and their customers