Agreement regarding the maintenance and upkeep of various systems are one of the agreements that exist to some extent in many companies. Although it falls under one of the outsourcing agreements introduced at another page, due to the nature of maintenance contracts, there are certain matters that should be established. The attachment is an example of a maintenance agreement, but the specific content and conditions vary depending on each case.

 

On that basis, following the following is a slight supplemental explanation.

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＜Scope of systems＞

​If the scope of work is not clarified, there is a possibility that inquiries will be made at the field level about systems that are not the target. In order to avoid this, it is necessary to clarify the scope of the work.

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​＜Details of maintenance work＞

The purpose is the same as above. It is necessary to clarify the contents of the work, such as bug fixes and security measures.

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＜Works out of scope＞

This is not required if the work is clarified in the above two ways. However, for example, if the relationship is one in which the company has been involved in a lot of other systems or maintenance work in the past, it is worth confirming that such things are not covered by this contract.

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＜Maintenance work hours＞

From the client's perspective, they would like to be flexible, but from the otousrcee's perspective, there are times when they need to arrange personnel, and so on, and this may not be possible. Although the agreement example does not go into detail, it does include content that allows for flexible response in some cases.

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​＜Work report＞

Although this is a time-charged job, the client also needs to examine the content, so a report is necessary.

If the maintenance work is insufficient, additional measures will be required. However, it may be difficult for the client to accept that additional time charges must be paid even if the performance of the commissioned work is insufficient. In this regard, since it is not based on the obligation to complete the work like a contracts for work, the structure is such that time charges are generated and adjusted in the form of damages based on breach of contract (in practice, it may be the case that additional charges are not generated, but this can be understood as offsetting with damages at the same time).

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The contents of the contract will differ depending on whether it is the client or the outsourcee, and as mentioned at the beginning, it also differs for each case. If you would like to consult about a customized contract, please contact our office.

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