Alabama IT service contract template

Alabama IT Service Contract

This Alabama IT Service Contract (the "Agreement") is made and entered into as of this [Date] by and between:

• [Provider Legal Name], a [Business Entity Type, e.g., Limited Liability Company] with its principal place of business at [Provider Address], and registered with the State of Alabama under registration number [Registration Number] (the "Provider"); and
• [Client Legal Name], a [Business Entity Type, e.g., Corporation] with its principal place of business at [Client Address], and holding Alabama business license number [License Number] (the "Client").

1. Services to be Provided:

• Option A: Software Development
  • Develop custom software according to the specifications in Exhibit A ("Statement of Work"). Deliverables include source code, documentation, and training materials. Acceptance criteria: [Acceptance Criteria]. Service levels: [Response Time], [Resolution Time].
• Option B: Network Administration
  • Manage and maintain Client's network infrastructure, including servers, routers, and firewalls. Service levels: [Uptime Percentage], [Response Time]. Acceptance criteria: [Acceptance Criteria]. Key milestones: [Milestone 1], [Milestone 2].
• Option C: Managed IT Support
  • Provide help desk support, troubleshooting, and on-site assistance. Service levels: [Response Time], [Resolution Time]. Key milestones: [Milestone 1], [Milestone 2].
• Option D: Cybersecurity Solutions
  • Implement and manage cybersecurity measures, including threat detection, vulnerability assessments, and incident response. Deliverables include security reports and policy recommendations. Service levels: [Response Time], [Resolution Time].
• Option E: Hardware Procurement
  • Procure and install hardware according to Client's specifications. Deliverables include hardware specifications and installation reports.
• Option F: Cloud Services
  • Provide cloud-based services, including data storage, application hosting, and backup solutions. Service levels: [Uptime Percentage], [Data Backup Frequency].
• Option G: Data Migration
  • Migrate Client's data to a new system or platform. Deliverables include data migration plan and validation reports.
• Option H: Ongoing Technical Support
  • Provide ongoing technical support to the client. Service levels: [Uptime Percentage], [Data Backup Frequency].
• Option I: System Integration
  • Integrate systems according to Client’s business needs. Service levels: [Uptime Percentage], [Data Backup Frequency].
• Option J: Troubleshooting
  • Troubleshoot issues as they arise. Service levels: [Uptime Percentage], [Data Backup Frequency].
• Option K: IT Consulting
  • Provide general IT consulting services. Service levels: [Uptime Percentage], [Data Backup Frequency].

2. Third-Party Software/Hardware:

• Option A: Provider will supply the following third-party software/hardware: [List of Software/Hardware]. Licensing arrangements: [Licensing Details]. Warranties: [Warranty Details]. Transfer of rights: [Transfer Details].
• Option B: Client will be responsible for procuring all necessary third-party software/hardware. Provider will assist with selection and installation.
• Option C: A combination of A and B, specify which party will handle each individual piece of software/hardware [List of Software/Hardware] and their respective arrangements.

3. Client Responsibilities:

• Option A: Provide data in a timely manner in the format requested by Provider. Grant Provider access to necessary systems and facilities. Provide timely feedback on deliverables. Cooperate with Provider during on-site visits. Procedure for background checks: [Background Check Procedure].
• Option B: Client is responsible for [Specific Client Responsibilities].

4. Work Location:

• Option A: Services will be performed remotely.
• Option B: Services will be performed on-site at Client's premises in Alabama.
• Option C: Services will be performed using a hybrid model (remote and on-site). Travel reimbursement: Follows Alabama state government rates or [Negotiated Rate]. Per diem rates: Follows Alabama state government rates or [Negotiated Rate].

5. Project Timeline:

• Option A: Start date: [Start Date]. Completion date: [Completion Date]. Regular progress reports: [Frequency, e.g., weekly].
• Option B: Key Milestones: [Milestone 1], [Milestone 2], [Milestone 3]. Each with its own individual start and completion date.

6. Change Order Protocol:

• Option A: All changes must be requested in writing. Provider will provide a written estimate of the cost and schedule impact of the change. Client must approve the change in writing before Provider commences work.
• Option B: [Alternate Change Order Protocol].

7. Compensation:

• Option A: Total service fees: [Dollar Amount]. Billing method: [Fixed, Hourly, Retainer, Milestone-Based]. Payment schedule: [Payment Schedule].
• Option B: Hourly rate: [Dollar Amount].
• Option C: Milestone-based payments: [Milestone]: [Payment Amount], [Milestone]: [Payment Amount].
• Invoice format: [Invoice Format]. Invoice frequency: [Invoice Frequency]. Accepted payment methods: [Payment Methods]. Alabama state and local taxes: Client is responsible for all applicable taxes, including Alabama gross receipts tax and e-commerce sales tax.

8. Intellectual Property Rights:

• Option A: Work-for-hire. Client owns all intellectual property rights to software, documentation, and custom code created under this Agreement. Transfer of title occurs upon final payment. Provider retains the right to use anonymized work for portfolio or process improvement. Compliance with the Alabama Trade Secrets Act.
• Option B: Joint ownership. Client and provider own equal ownership rights.

9. Data Protection and Cybersecurity:

• Option A: Provider will comply with Alabama’s Data Breach Notification Law. Mandatory notification timeframe: As required by Alabama law. Data handling, storage, and transmission protocols: [Protocols]. Encryption standards: [Standards]. Reporting and remediation procedures: [Procedures]. Liability caps for unauthorized access or loss: [Dollar Amount].
• Option B: Provider does not handle sensitive data.

10. Confidentiality and Non-Disclosure:

• Option A: Provider will maintain the confidentiality of Client's business operations, technical details, and customer data. Duration of obligation: Survives contract expiration/termination. Permitted disclosures: As required by Alabama law.
• Option B: [Alternate Confidentiality Terms].

11. Warranties:

• Option A: Provider warrants that the IT deliverables will conform to the specifications in Exhibit A for a period of [Number] months. Scope of warranty support: Defect repair, software patches, configuration errors. Exclusions: User-caused issues, third-party interference. Process for warranty claims: [Warranty Claim Process].
• Option B: [Alternate Warranty Terms].

12. Service Level Agreement (SLA):

• Option A: Uptime: [Uptime Percentage]. Performance: [Performance Metrics]. Response: [Response Time]. Escalation: [Escalation Procedure]. Remedies for SLA breaches: Service credits or additional support. Alabama standard business hours: [Business Hours].
• Option B: [Alternate SLA Terms].

13. Training and Documentation:

• Option A: Provider will deliver user manuals, admin guides, and knowledge transfer sessions. Language: English. Format: [Format]. Timeframe: [Timeframe].
• Option B: Client is responsible for creating all training and documentation material.

14. Project Delay/Force Majeure:

• Option A: Procedure for project delay: [Procedure]. Force majeure events recognized in Alabama: [List of Events]. Communication requirements: [Requirements]. Rights to suspend or re-commence services: [Rights]. Adjustment to fees and deadlines: [Adjustment Terms].
• Option B: [Alternate Project Delay Terms].

15. Termination:

• Option A: Termination for breach: With [Number] day cure period. Termination for convenience: With [Number] day notice. Termination for client insolvency, force majeure, or mutual consent. Steps upon contract end: Data handover, account closure, destruction/return of client data, final settlement of outstanding fees, retrieval of Provider equipment.
• Option B: [Alternate Termination Terms].

16. Remedies and Liability:

• Option A: Direct damages: [Damages]. Indirect damages: [Damages]. Liquidated damages: [If Permitted, Specify Amount]. Limitation of liability: Not less than Alabama statutory minimums. Provider indemnification of Client for infringement. Exclusions: Consequential loss, force majeure.
• Option B: [Alternate Remedies and Liability Terms].

17. Insurance Requirements:

• Option A: Provider must maintain general liability insurance, cyber liability/data breach insurance, and professional errors and omissions insurance in compliance with Alabama industry standards. Minimum levels: [Dollar Amounts].
• Option B: Provider must maintain general liability insurance, cyber liability/data breach insurance, and professional errors and omissions insurance in compliance with Alabama industry standards. Minimum levels: [Dollar Amounts].

18. Professional Credential Requirements:

• Option A: Provider personnel working on Client sites must undergo background checks and possess relevant skill certifications. Compliance with Alabama law and Client security policies.
• Option B: [Alternate Credential Requirements].

19. Compliance with Laws and Regulations:

• Option A: Provider will comply with all applicable Alabama and federal laws and regulations for IT and data services, including the Alabama Data Breach Notification Act, state and local business licensing, and federal laws such as HIPAA (if applicable) or GLBA (if applicable). Documentation of compliance: [Documentation].
• Option B: Compliance to other relevant Alabama/Federal acts.

20. Cybersecurity Standards:

• Option A: Provider will comply with applicable industry or government cybersecurity standards (NIST, CIS, CMMC). Proof of compliance: [Proof].
• Option B: No specific cybersecurity standards are required.

21. Dispute Resolution:

• Option A: Mandatory negotiation, followed by mediation or binding arbitration in [City/County], Alabama. Exclusive venue: Alabama state or federal courts. Governing law: Alabama law.
• Option B: [Alternate Dispute Resolution Terms].

22. Notice and Communication Protocol:

• Option A: Alabama business days. Required written notice by email or certified mail (with designated addresses). Procedures for legal service of process.
• Option B: [Alternate Notice and Communication Terms].

23. Subcontractors:

• Option A: Provider must obtain Client approval before using subcontractors. All subcontractors must be licensed and insured per Alabama law.
• Option B: Subcontractors will not be used.

24. Assignment:

• Option A: Assignment or transfer of contract rights requires Client consent. Compliance with Alabama law on assignment prohibitions.
• Option B: [Alternate Assignment Terms].

25. Severability, Waiver, and Integration:

• Option A: Standard severability, waiver, and integration clauses as required by Alabama contract law.
• Option B: [Alternate Severability, Waiver, and Integration Terms].

26. Exhibits/Appendices:

• Exhibit A: Statement of Work
• Exhibit B: Pricing Schedule
• Exhibit C: Insurance Certificates
• Exhibit D: Compliance Attestations

This Agreement is optional and adjustable based on the Client's size, business sector, IT security level, and unique project needs. All provisions shall be interpreted in accordance with Alabama state law and practical business customs.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Provider Legal Name]

By: [Provider Name]

Title: [Provider Title]

[Client Legal Name]

By: [Client Name]

Title: [Client Title]