Maintenance Contract Template

This Maintenance Contract ("Agreement") is made and entered into on [Date], by and between:

1. Scope of Work: The Service Provider agrees to perform the following maintenance services:

• Included Services: [Detailed description of included services, e.g., HVAC maintenance, plumbing checks, electrical system inspections]
• Excluded Services: [Detailed description of excluded services, e.g., major repairs, installations]

2. Response Time and Communication:

• Response Time: The Service Provider agrees to respond to maintenance requests within [specify response time, e.g., 24 hours].
• Contact Methods and Times: Acceptable methods of contact include [specify methods, e.g., phone, email]. The Service Provider will be available for contact during [specify times, e.g., business hours, 9 AM to 5 PM, Monday to Friday].

3. Service Schedule:

• Service Dates: Maintenance services will be performed on [specify dates or frequency, e.g., the first Monday of every month].
• Contract Term: The contract will start on [Start Date] and end on [End Date].
• Renewal Option: The contract may be renewed upon mutual agreement of both parties. The renewal process will be initiated by [specify process, e.g., written notice] [number] days before the end date.

4. Materials and Costs:

• Materials Provided: [List of materials needed for services]
• Cost Responsibility: [Specify who will pay for materials, e.g., The Client will reimburse the Service Provider for all materials used]

5. Pricing and Payment Terms:

• Hourly Rate/Price per Service/Project Price: [Specify pricing information]
• Payment Terms: Payments will be made as follows: [specify payment schedule, e.g., monthly, upon completion of service]
• Payment Methods: Acceptable methods of payment include [specify methods, e.g., check, bank transfer, credit card]

6. Confidentiality: The Service Provider agrees to maintain the confidentiality of all proprietary information disclosed by the Client during the term of this Agreement.

7. Warranties and Disclaimers:

• Warranties: [Specify any warranties or promises made by either party, e.g., The Service Provider warrants that all services will be performed in a professional and workmanlike manner]
• Disclaimers: [Specify any disclaimers, e.g., The Service Provider is not responsible for any pre-existing issues or damages]

8. Licensing, Insurance, and Compliance:

• Licensing: The Service Provider will maintain all necessary licenses to perform the services.
• Insurance: The Service Provider will maintain appropriate insurance coverage, including general liability and workers' compensation insurance. Proof of insurance will be provided to the Client upon request.
• Compliance: The Service Provider will comply with all relevant laws and regulations.

9. Indemnification: Both parties agree to indemnify and hold harmless the other party from any legal action arising from things that are outside of their control.

10. Non-Solicitation and Non-Compete: [Include if applicable, e.g., The Client agrees not to solicit or hire any employees of the Service Provider for a period of [specify time] after the termination of this Agreement]

11. Amendments: This Agreement may be amended only by a written document signed by both parties. Any changes must be discussed and agreed upon before they take effect.

12. Termination:

• By Either Party: Either party may terminate this Agreement with [specify notice period, e.g., 30 days] written notice.
• For Cause: Either party may terminate this Agreement immediately if the other party breaches any material provision and fails to cure such breach within [specify period, e.g., 10 days] after receiving written notice of the breach.

13. Dispute Resolution and Remedies:

• Negotiation: The parties will first attempt to resolve disputes through informal negotiation.
• Mediation: If negotiation fails, the parties agree to attempt mediation.
• Arbitration: If mediation fails, disputes will be resolved through binding arbitration under the rules of the [specify arbitration association].
• Governing Law: This Agreement will be governed by the laws of the state of [specify state].

14. Signatures: By signing below, the parties agree to the terms and conditions outlined in this Maintenance Contract.

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.