Question

BUSINESS LAW

Please write a simple "Computer maintenance/service" contract between the planner and the client.

In your contract include all the six elements of a contract.

Please describe the damages if the clients breach the contract.

Answer 1

[P.S. This is a simple contract. Thus it does not conform to a particular template that may be required by a professional organization]

SERVICE CONTRACT

This document is the manifestation of the desire to form a contract between “ABC Inc”, hereby known as “the Client” and “XYZ Services”, hereby known as “the Vendor”. The purpose of this contract is for the client to receive “Computer maintenance service” from the vendor.

Offer

At the onset of this contract we acknowledge that the vendor has offered the client a service for managing their IT systems for an annual fee of $15000 with the description of the services that are included in the scope of service section.

Acceptance

By signing this contract, the client acknowledges the offer made by the vendor and accepts the terms and conditions mentioned in this document. This document is the basis for the overall service and will not be modified by the client or the vendor without the approval of the other party.

Consideration

The scope of service that will be covered by the vendor will be limited to computer hardware and software related issues. The client will be entitled to call upon the vendor for any computer hardware/software related problem and the vendor will provide support and troubleshoot the issue to the fullest of their potential. The services of the vendor will be available 24 hours and 7 hours a day over telephone. However, onsite visit will be available from 9:00AM to 5:00PM on weekdays. Onsite visit will not be available on national and mandatory holidays. There will be no limit on the number of request that the client can place. However, the vendor will reserve the right to try solve the issues over the phone or in person at their discretion.

In return the client will make an annual payment of $15000 annually to the vendor. The initial payment, at the beginning of the year will be of $3000 followed by a monthly payment of $1000 to be paid by 10^th of every month in check, cash, or wire transfer.

Obligation

The parties will adhere to this contract without any modification or alteration and in case of any dispute the parties agree to attempt to resolve the dispute with discussion. In case, the discussion does not work, the parties may choose to go to an arbitration panel or take the matter to a court.

Any failure to perform their part of the deal can be considered a failure of performance and the aggrieved party has the right to call for a discussion to solve the dispute.

The validity of this contract will be for the next 2 years and will be considered for renewal upon further discussion.

Capacity

The signatories for this contract will be designated by the organizations and they will yield the official authority to be an agent for the organization. This holds true for both the client and the vendor.

By signing below the client and the vendor agree to the terms of this contract and acknowledges that this document is legally admissible in the court in case of disputes.

ABC Inc

Signature

Designation

Date

XYZ Services

Signature

Designation

Date