Computer maintenance contract in Vietnam
Accumulation of dirt can cause all sorts of problems – from erratic mouse movements to whole system crashes. To keep your system running smoothly, to better meet the ever-changing needs of your customers, you can hire a computer maintenance service to keep your computer running at its best. Lawyer X would like to send you a sample of a computer maintenance contract in Vietnam, please refer to it.
Legal grounds
- Civil Code 2015
- Commercial Law 2005
What is a computer maintenance contract?
Contract is an agreement between two or more parties on the establishment, change or termination of rights and obligations.
A maintenance contract is a type of contract of principle which sets forth the principles of performing maintenance work for a product or work that has been or is about to be formed from an agreement that has been established with parties that in that contract or established agreement, the parties have not provided or specified the conditions for performing the maintenance work as well as the responsibilities of the parties when performing the maintenance activities.
Notes when negotiating and signing this contract:
Agreement on object to be maintained;
Agreement on time and place of maintenance;
Agreement on terms and conditions of maintenance;
Agreement on maintenance costs (if any);
Agreement on the responsibilities of the parties when performing maintenance activities;
Other agreements related to the settlement of conflicts and violations, if any, of the parties.
What are the characteristics of a computer maintenance contract?
A computer maintenance contract is actually a service contract, whereby a computer maintenance contract has the following basic characteristics:
The party receiving computer maintenance must perform certain professional and technical tasks and deliver the results to the maintenance lessee.
A computer maintenance contract is a contract of compensation, the maintenance lessee must pay the computer maintenance recipient when the computer maintenance recipient has performed the work and brought the results as agreed.
Computer maintenance contract is a bilateral contract, the party receiving computer maintenance must perform the computer maintenance work at the request of the lessee, and the lessee is obliged to receive the work results and pay wages. for the receiving party to maintain the computer.
Maintenance contracts are expressed orally, in writing or established by specific acts. However, to ensure the rights and obligations of the two parties in the most certain way, the parties will sign a written contract with each other.
The object of a service contract is work that can be performed, not prohibited by law, and not contrary to social ethics. Therefore, the object of a computer maintenance contract is maintenance work, specialized technical work to maintain computers.
Contents required in a computer maintenance contract
To ensure the interests of both parties, a computer maintenance contract must contain all of the following elements:
Pursuant to current legal documents and regulations
Contract time
Information of legal representatives of both parties (maintenance unit and business
in need of computer maintenance)
Content of work to be done in the process of maintaining enterprise computer systems
Responsibilities of the Maintenance Service Provider
Responsibilities of the Party in need of maintenance
Details of Service Fees and Payment Methods
Responsibility for contract performance
The time to start the computer maintenance contract officially takes effect
Representative signatures of both parties.
A computer maintenance contract that ensures the clear interests of both parties needs to have all the 10 specific elements above.
At the same time, to keep the system working at its best, to create conditions for happy and fair cooperation between service providers and service users.
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What is the purpose of a computer maintenance contract?
The implementation of computer maintenance is mutually agreed upon by both parties, if both parties agree, the contract will be signed, the signed contract meets the requirements of both parties, and one party has expertise in machine maintenance. computer, one side needs to maintain the computer.
Computer maintenance contracts are the basis for ensuring rights and obligations for both parties, ensuring that both parties obligations are performed properly and sufficiently, without violating the contract.
The computer maintenance contract is the basis for recording the legal basis in the event that two parties have a dispute, the dispute will be resolved first according to the agreement of the two parties in the contract.
Guidelines for drafting a contract
Maintenance contracts are not difficult to use, but because of the nature of responsibility and consequences that may arise after a period of time when the contract has ended, the agreement should be noted about the term. responsibility and specific actions to handle the situation.
In addition, to ensure the value of compensation, the retention of costs, and amortization for a long period of time is something that should be considered to be included in the agreement, moreover, the agreements should be notarized and kept. into several copies, sent to the investor or the governing agencies if any, to avoid the situation of bringing children to the market of some contractors who are responsible for post-construction maintenance.
The contract subject information must be filled in completely and accurately, specifically: company name, address, phone number, tax code, representative, position;
Article 1: Content of work includes professional work related to computer maintenance, technical support, and details of work agreed upon by both parties;
Article 4: Service fees and payment methods shall be agreed upon by the parties, clearly stating the fees and payment installments.
Services of LawyerX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client Lawyer X will be 100% confidential.
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Frequently asked questions
According to the provisions of Article 404 of the Civil Code 2005, the effective time of entering into a contract is when:
A civil contract is entered into at the time the offeror receives a reply accepting the contract.
A civil contract is also considered to be entered into when the response time limit expires but the request-receiving party remains silent.
The time of entering into a verbal contract is the time when the parties have agreed on the content of the contract.
The time of entering into a written contract is the time when the last party signs the document.
According to the provisions of Article 391 of the Civil Code 2015, the conclusion of a contract is considered to be terminated in the following cases:
The offeree accepts to enter into a contract;
The offeree’s reply does not accept;
Expiration of the time limit for replying to accept;
When the notice of change or withdrawal of the offer takes effect;
When the notice of cancellation of the offer takes effect;
As agreed by the offeror and the offeree within the time limit for waiting for the offeree’s reply.
Conclusion: So the above is Computer maintenance contract in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com