5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.Period: October 2016 to date · As of: 28 October 2026
Review maintenance contracts and SLAs
Govern ongoing IT services robustly
Is software, a platform or infrastructure to be secured in operation? We check whether maintenance, service hours, escalation, remote access, backups and liability fit together in the contract.
Please enter a short description first.
The first contact is free of charge. We will inform you expressly before any costs arise for you.
Response within 24 hours on working days
As of: 23 October 2026
Maintenance contract with SLA2 of 5
- Scope of workPresent
- Error classes and response timesCheck
- Remote access and DPACheck
- Liability and exitPresent
- Provider's consentProvider decidesMissing
Point of review: When does the response time start?
- 1Send contract setContract and operations
- 2Prioritise pointsScope to exit
- 3DecideSign-off or switch
Schematic illustration. Simplified example.
We review maintenance contracts for
- Platform operations
- Infrastructure
- Business applications
- Websites
- Critical services
Key points at a glance
- A maintenance contract decides more than response times.
- Scope of services, error classes, service hours, remote access, liability, backups and exit must fit actual operations.
- ITMR reviews and negotiates maintenance contracts with SLAs before sign-off, renewal or with recurring incidents.
- Whether the provider accepts changes is its own decision.
- Your contact is Jean Paul Bohne and his team. He is a specialist lawyer for IT law and for copyright and media law. Response on working days within 24 hours.
- SLA
- Service level agreement. It sets out availability, response times and customer service.
- AVV
- Data processing agreement under Art. 28 GDPR. It governs how a service provider processes data on your behalf.
- DSGVO
- The EU General Data Protection Regulation (GDPR). It governs how companies may process personal data.
Starting position
When does the maintenance contract become critical?
When operations must not break down and the contract is too soft.
An SLA is robust when it is measurable and has consequences.
The contract is about to be signed off. It remains unclear what the provider owes in the event of an incident.
The project is live. Maintenance, security updates and escalation now turn out to be too loosely governed.
Incidents keep recurring. Error classes, response times, recovery and service credits look clear but barely help in operation.
A renewal or price adjustment is coming up. The old contract no longer fits today's operations.
- For whom
- Procurement, IT, security, management
- Trigger
- Sign-off, renewal, incident
- Core
- SLA, access, liability, exit
- Consent
- by the provider
If the provider needs remote access to systems or data, roles, access limits, subcontractors and security requirements must be governed. If the provider is to change, rules on handover, knowledge, data and configurations are needed.
If processing on behalf is the focus, having your DPA reviewed is a better fit. For website or agency maintenance, the web design contract page is more suitable.
Send the contract and operational context using the form. We will get back to you on working days within 24 hours.
Process
How do we review your maintenance contract?
In three steps from contract set to a clear line.
01
Send contract set The maintenance contract, SLA, service description, price sheet, DPA, security documents or an incident history are enough.
02
Prioritise points We reduce scope of services, service hours, error classes, response and recovery times, access, liability and exit to the essentials.
03
Decide You go into sign-off, negotiation, renewal, readjustment or separation with clear redlines.
Four review questions for your maintenance contract
- 1
Which service is owed? Incident intake, troubleshooting, maintenance, bug fixes, monitoring, on-call duty and excluded services must be described separately.
- 2
Is the SLA measurable? Severity levels, start of response, recovery target, service windows, escalation levels and measurement method must be governed so that no dispute over numbers arises.
- 3
Does the allocation of risk fit? Service credits, liability, exclusions, cooperation, backups and communication in incidents must work when it matters.
- 4
What applies when switching? Knowledge transfer, open tickets, handover, revocation of access, documentation and remaining terms belong in the contract.
How long does it take? We complete most work steps within a few working days. How quickly it goes depends on the scope and your feedback. Do you have a fixed date, such as a launch? Tell us right away in your enquiry and we will plan for it.
Service
What does the review include?
Service package: maintenance contract & SLA
Before sign-off Sharpen scope of services, service hours, error classes, escalation, access, liability and exit.
Before renewal Check whether the old contract, incident history, price development and current use fit together.
With recurring incidents Put the ticket and communication trail in order and set the next step.
Interfaces Integrate the DPA, remote access and project continuation appropriately.
- For whom
- Customers and providers of ongoing IT services
- First response
- within 24 hours on working days
- Costs
- We tell you the costs transparently before you instruct us.
- Not included
- Technical measurement of availability. IT service providers handle this separately.
Who delivers what and who decides
- Maintenance contract and SLA
- Service description and price sheet
- Ticket history and reports
- DPA, if available
- Review of the contract set
- Redlines and priorities
- Negotiation with the provider
- Line in an incident or switch
- You decide on the line and residual risks
- The provider decides on changes
How does the engagement work?
- 1
First assessment You send the contract and operational context using the form. We assess which scope fits. The first contact is free of charge.
- 2
Offer Before we start, we tell you the scope and costs transparently.
- 3
Court steps separately We agree court proceedings and representation separately.
Review focus
What do we review in the maintenance contract?
Four areas that make the difference in operation.
| Review area | Typical provisions | What we look for |
|---|---|---|
| Scope of services | Maintenance, upkeep, monitoring, incident resolution, additional services | Ticket routes, responsibility for bug fixes and cooperation without hidden shifting of risk |
| SLA and escalation | Service hours, maintenance windows, severity levels, recovery targets | Measurement method, reporting and escalation levels instead of “best effort” |
| Access and data protection | Remote access, permissions, logging, backups | Subcontractors, providers abroad and interlocking with the DPA |
| Price, liability, exit | Quotas, extra services, price adjustment, termination | Liability for outages and data loss and an orderly switch |
Misconceptions
Which assumptions are misleading?
Four sentences we often hear about maintenance contracts.
Without a measurement method, maintenance windows, reference object and consequences of a breach, the figure remains soft in operation.
Service credits do not replace rules on liability, escalation and recovery.
Remote access without limits, roles and logging creates more risk than relief.
Without rules on handover and access, you negotiate the switch from the weaker position.
When operations stall
What to do when operations stall?
Then a robust service and communication trail counts.
We put the contract, SLA, ticket history, reports, escalations and invoices into a reviewable order.
We clarify whether there is a measurable breach of duty, a new service was called off or cooperation was missing.
Depending on the situation, a sharpened SLA, an additional annex, setting a deadline or an orderly switch fits.
Procurement, IT, security and management continue working along the same line.
Legal framework
Which rules apply to maintenance contracts?
Whether a maintenance contract is classified as a contract for services under Section 611 BGB or a contract for work under Section 631 BGB depends on the agreed obligations.
The classification determines whether a result is owed and which rights exist in the event of defects.
Pre-formulated SLA terms are subject to content review under Sections 307 and 310 BGB, even between businesses.
If the provider accesses personal data, an agreement under Art. 28 GDPR and protective measures under Art. 32 GDPR are required.
- Section 611 BGB Contract for services.
- Section 631 BGB Contract for work.
- Section 307 BGB Review of content.
- Section 310 BGB Scope of application.
- Art. 28 GDPR Processor.
- Art. 32 GDPR Security of processing.
Limits
What does the review not cover?
Clear limits protect your planning.
- 1
No technical measurement IT service providers measure availability and response times separately.
- 2
No promise of outcome Whether the provider accepts changes is its own decision.
- 3
No security review A penetration test or audit is a separate service by third parties.
- 4
The decision remains yours Which line you choose is your decision.
What you can expect as a result
- A prioritised list of redlines.
- Clarity on SLA, access and liability.
- A line for negotiation, incident or switch.
Your contact
Lawyer and mediator · Partner · Specialist lawyer for IT law · Specialist lawyer for copyright and media law
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
TOP lawyer 2027 · Business lawyers · Intellectual property
F.A.Z.-Institut and QuantiQuest. Based on recommendations from peers and assessments by in-house counsel. Source (opens in a new tab)
ReviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.
What clients say
5,0 von 5 · 71 Bewertungen auf anwalt.dePeriod: October 2018 to date · As of: 28 October 2026
“I had an initial consultation with ITMR Rechtsanwälte, specifically with Mr Bohne, and felt in very good hands from the start. He was extremely friendly, clear in his words and explained the situation in an understandable and transparent way. I particularly liked his open and honest manner – nothing was glossed over or unnecessarily complicated.” (translated from German)
“Mr Bohne always got back to me reliably and gave extremely thorough and expert advice. A very good experience!” (translated from German)
“Both cases concerned copyright infringement. In the first, Mr Bohne negotiated a great settlement, and in the second he showed me all my options in a phone call and recommended the most favourable one for me.” (translated from German)
FAQ
What do companies ask about maintenance and SLAs?
Is a separate SLA enough?
Only if scope of services, price, access, liability, data protection, subcontractors, termination and exit are governed in the main contract. In our reviews, this separation is often missing.
What is tricky about response times?
What matters is when the clock starts, in which time zone it is measured, whether service windows apply and what follows from breaches.
Are service credits enough as protection?
In our experience, no. Service credits do not resolve questions about recovery, escalation, liability or security incidents.
When should the contract be reviewed?
Ideally before sign-off or renewal. The review is also worthwhile if the incident history shows that the SLA or reports are not working.
What applies to access to production systems?
Then access limits, roles, logging, security requirements, the DPA, subcontractors and communication in incidents must be governed.
Do you help with an ongoing conflict?
Yes. We then put the ticket and communication trail in order, separate breach from additional service and set readjustment, escalation or a switch.
Next step
Does your maintenance contract fit your operations?
Before sign-off, before renewal or with recurring incidents, we check whether maintenance and SLA secure your operations.
Helpful for your enquiry
- Maintenance contract and SLA
- Service description
- Ticket history or reports
- DPA, if available
To get started, the contract with a short description is enough.
Have your maintenance contract and SLA reviewed
For companies before sign-off, renewal or with recurring incidents.
Briefly describe system, provider and occasion.
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