Alaska IT service contract template

Alaska IT Service Contract

This Alaska IT Service Contract (the “Contract”) is made and entered into as of [Effective Date], by and between: * [Service Provider Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Service Provider Address], and represented by [Service Provider Authorized Representative Name], title [Service Provider Authorized Representative Title] (the “Service Provider”); And * [Client Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Client Address], and represented by [Client Authorized Representative Name], title [Client Authorized Representative Title] (the “Client”).

1. Scope of Services

* Option A: Comprehensive Managed IT Services: * Network Setup and Management * Server and Workstation Installation * Cloud Migration Services * Cybersecurity Assessment * Managed IT Support * Hardware/Software Procurement * System Integration * Help Desk Support ([Specify Hours and Availability]) * On-Site or Remote Troubleshooting * Routine Maintenance * Data Backup and Disaster Recovery Planning * Custom Software Development ([Specify if Applicable]) * Application Management ([Specify if Applicable]) * Option B: Project-Based IT Services: * [Specific Project Description] * Option C: On-Demand IT Support: * Hourly IT support as requested by Client.

2. Service Levels and Deliverables

* Response Times: * Critical Issues: Response within [Number] hours. * High Priority Issues: Response within [Number] business hours. * Medium Priority Issues: Response within [Number] business hours. * Low Priority Issues: Response within [Number] business hours. * *All times are Alaska Time.* * Resolution Targets: * Critical Issues: Resolution within [Number] hours. * High Priority Issues: Resolution within [Number] business hours. * Medium Priority Issues: Resolution within [Number] business hours. * Low Priority Issues: Resolution within [Number] business hours. * System Uptime Guarantee: [Percentage]%, excluding scheduled maintenance. * Escalation Procedures: [Describe Escalation Path and Contact Information] * Acceptance Criteria: [Describe Acceptance Criteria for Deliverables]

3. Client Obligations

* Provision of Hardware/Licenses: Client shall provide all necessary hardware and software licenses unless otherwise agreed upon in writing. * Secure Facility Access: Client shall provide secure access to its facilities as needed for the provision of services. * Timely Feedback: Client shall provide timely feedback and approvals as required. * Responsible Use of Systems: Client is responsible for the responsible use of its systems and shall comply with all applicable laws and regulations. * Unique Logistical, Infrastructure, or Connectivity Constraints: [Specify any unique Client constraints, such as rural location or limited bandwidth]

4. Service Location

* Primary Service Location: Within the State of Alaska. * Options: * On-Site Visits: At Client’s facilities located at [Client Facility Addresses]. * Remote Access: Via secure remote access methods. * Specific Client Facilities: [Specify if services are limited to certain Client facilities]. * Travel/Weather Delay/Per Diem: * Travel: All travel expenses, including airfare, lodging, and ground transportation, shall be reimbursed according to the Alaska State Administrative Manual or industry best practices. [Specify which standard is being used]. * Weather Delay: Service Provider is not liable for delays caused by extreme weather conditions. * Per Diem: Per diem rates shall be reimbursed according to the Alaska State Administrative Manual.

5. Fees and Payment

* Service Fee Schedule: * Flat Fees: [Specify Flat Fees for Services] * Hourly Rates: [Specify Hourly Rates for Services] * Milestone Payments: [Specify Milestone Payments for Specific Deliverables] * Ongoing Retainer: [Specify Ongoing Retainer Amount and Scope] * Hardware/Software Pass-Through Costs: Client shall reimburse Service Provider for all hardware and software costs at cost plus [Percentage]% markup. * Invoicing Procedure: Service Provider shall submit invoices to Client [Frequency of Invoicing]. * Payment Deadline: Payment is due within [Number] days of the invoice date. * Acceptable Payment Methods: [Specify Acceptable Payment Methods, e.g., ACH, Wire Transfer, Check] * Late Fee Policy: A late fee of [Percentage]% per month will be applied to all overdue invoices. * Compliance with Alaska Statutes: All fees and payments shall comply with Alaska’s statutes on prompt payment and applicable state/local sales tax calculations.

6. Intellectual Property

* Client Ownership: Client shall own all custom-developed software, data, and configurations upon full payment for services rendered. * Service Provider Rights: Service Provider retains the right to reuse generalized scripts or non-client-specific tools developed during the course of this contract. * Third-Party Software Licensing: Client is responsible for obtaining and maintaining all necessary licenses for third-party software. Service provider will assist in procurement.

7. Confidentiality and Data Protection

* Confidentiality: Both parties agree to maintain the confidentiality of all confidential information. * Data Protection: Both parties shall adhere to high standards for the protection of Alaska business, government, or sensitive data. * Compliance with Alaska State Privacy Laws: Both parties shall comply with all applicable Alaska state privacy laws, including consumer data, employee information, and breach notification requirements under AS § 45.48. * Security Expectations: [Describe Security Expectations for Data Storage, Transmission, and Destruction] * Data Loss or Security Incidents: Both parties shall immediately notify each other in the event of any data loss or security incident.

8. Cybersecurity

* Compliance: Service Provider shall comply with Alaska’s critical infrastructure requirements where government or public sector clients are involved. * Technical Measures: Service Provider shall implement technical measures such as encryption, firewalls, routine patching, and vulnerability assessments that meet state and industry benchmarks.

9. Maintenance and Support

* Maintenance Schedules: [Describe Maintenance Schedules] * Support Ticketing Procedures: [Describe Support Ticketing Procedures] * Escalation Paths: [Describe Escalation Paths] * On-Site Response Times: On-site response within [Number] hours for emergencies within [Geographic Area], acknowledging remote/rural Alaska challenges. * Service Exclusions: Damages arising from acts of nature, third-party tampering, or unapproved modifications are excluded.

10. Representations and Warranties

* Services: Services will be performed to industry standards. * Qualifications: Staff are duly qualified and trained. * Malware: No malware or unauthorized monitoring tools will be installed.

11. Licensing and Certification

* Service Provider affirms it holds a current Alaska business license and complies with the Alaska Consumer Protection Act. * If handling governmental data, Service Provider possesses all required clearances.

12. Insurance

* Cyber Insurance: Service Provider shall maintain cyber insurance with minimum coverage of [Dollar Amount]. * General Liability and Professional Indemnity Insurance: Service Provider shall maintain general liability and professional indemnity insurance as required or customary in Alaska’s IT service sector.

13. Technology Procurement Rules

* Compliance with local and statewide technology procurement rules, particularly for public sector clients or Native corporations, and any applicable Buy Alaska or Alaska Native preference requirements in procurement.

14. Change Orders

* Procedures for change orders, additional work requests, or scope expansions, including documentation, approval process, effect on timeline and price, and required signatures.

15. Delays and Force Majeure

* Processes and timeframes for delays, rescheduling, and force majeure events with particular reference to Alaska-specific causes such as extreme weather, natural disasters, or transportation disruptions.

16. Termination

* Termination rights for material breach, prolonged force majeure, mutual agreement, non-payment, bankruptcy, or regulatory non-compliance, specify notice periods, compensation for outstanding work, and return or destruction of client data upon exit.

17. Remedies for Breach

* Service credits, refunds, rework obligations, indemnification for data loss or third-party claims, and liability caps; expressly exclude or limit indirect or consequential damages where enforceable by Alaska law.

18. Dispute Resolution

* Robust dispute resolution clauses requiring negotiation, Alaska-based mediation or arbitration before litigation, and designating Alaska law and the nearest competent Alaska state or federal court for venue, with express reference to the parties’ waiver of inconvenient forum outside Alaska.

19. Subcontractors

* Handling of subcontractors, ensuring any subcontracted IT work maintains provider liability and that all Alaska employment and independent contractor compliance (including wage, hour, worker’s compensation, and anti-discrimination provisions) are met.

20. Records Retention and Audit Rights

* Requirements for records retention and audit rights, especially for contracts with Alaska government entities, specifying how, for how long, and in what medium project records will be maintained and accessible subject to Alaska state recordkeeping mandates.

21. Notices

* Stipulate procedures for notices, force majeure communications, and routine reporting, specifying methods acceptable under Alaska law (e.g., certified mail, electronic notice), address for notification, and required documentation. * Service Provider Notice Address: [Service Provider Notice Address] * Client Notice Address: [Client Notice Address]

22. Compliance with Laws

* Both parties shall comply with all applicable Alaska and federal laws, including state cybersecurity statutes, data breach notification (AS § 45.48), Alaska Consumer Protection Act compliance (AS § 45.50), and relevant federal technology laws.

Signatures

IN WITNESS WHEREOF, the parties have executed this Alaska IT Service Contract as of the date first written above. [Service Provider Full Legal Name] By: [Service Provider Authorized Representative Name] Title: [Service Provider Authorized Representative Title] Date: [Date] [Client Full Legal Name] By: [Client Authorized Representative Name] Title: [Client Authorized Representative Title] Date: [Date]